Delhi District Court
State vs 1. Mahesh @ Vikram, S/O Sh. Swami Deen, on 28 February, 2015
IN THE COURT OF SH. RAKESH KUMAR1
ADDL. SESSIONS JUDGE/SPECIAL JUDGE (NDPS)
WEST DISTRICT, TIS HAZARI COURTS, DELHI
SC No.14/2013
FIR No.315/2010
PS Uttam Nagar
U/s 308/452/323/324/216/34 IPC
State V/s 1. Mahesh @ Vikram, S/o Sh. Swami Deen,
R/o H. No.792, TCamp, Krishna Colony,
Kali Basti, Uttam Nagar, New Delhi.
2. Vinod @ Kake, S/o Sh. Chiranji Lal,
R/o H. No.586, TCamp, Krishna Colony,
Kali Basti, Uttam Nagar, New Delhi.
3. Japan @ Moti Lal Khan, S/o Muslim Sheikh
R/o H. No.105, TCamp, Krishna Colony,
Kali Basti, Uttam Nagar, New Delhi.
4. Ram Prakash, S/o Ganga Ram,
R/o H. No.164, Ist Janta Flats, Hastsal,
Uttam Nagar, New Delhi.
5. Nanak, S/o Mohan,
R/o H. No.838, TCamp, Krishna Colony,
Kali Basti, Uttam Nagar, New Delhi.
6. Smt. Darshan, W/o Nanak,
R/o H. No.838, TCamp, Krishna Colony,
Kali Basti, Uttam Nagar, New Delhi.
7. Anil, S/o Kishan Chand,
R/o H. No.839, TCamp, Krishna Colony,
Kali Basti, Uttam Nagar, New Delhi.
8. Vicky @ Govind, S/o Ramchander
R/o H. No.O185, Vani Vihar,
State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 1 of pages 20
Geeta Enclave, Nand Ram Park,
Uttam Nagar, New Delhi.
9. Prakash Pashi, S/o Sh. Gore Lal,
R/o Village Jalal Pur, PS Ajgen,
District Unnao, U.P.
Received on Assignment. : 02.06.2011.
Date of Arguments. : 26.02.2015.
Date of Judgment. : 28.02.2015.
: J U D G M E N T :
1.FACTUAL MATRIX: :
It is the case of the prosecution that on receipt of DD No. 21A, 25A & 33A, HC Narender alongwith Ct. Dhirender Kumar reached at the place of quarrel i.e. H. No.840, TCamp, Krishna Colony, Kali Basti, Uttam Nagar, New Delhi, where they came to know that injured had already been removed to DDU Hospital and accordingly, they reached at the hospital, where they collected the MLC No.18045/10 of one Sunny S/o Raj Pal R/o H. No.840, TCamp, Kali Basti, Uttam Nagar, New Delhi, MLC No.18075/10 of Smt. Asha W/o Raju R/o H. No.840, T Camp, Kali Basti, Uttam Nagar, New Delhi and MLC No. 18073/10 of Pappu S/o Sodan Singh. The said three injured persons were found admitted under treatment there. On the MLC of injured Sunny doctor opined "nature of injury U/o Sharp", on the MLC of injured Smt. Asha doctor opined "nature of injury U/O blunt" and on the MLC of injured Pappu doctor opined "nature of injury U/o blunt" and he was referred to neuro department. On all the aforesaid MLCs, doctor mentioned "A/H/O physical assault". HC Narender recorded the statement of injured Sunny at DDU Hospital, wherein he alleged that: "He has been residing at the aforesaid State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 2 of pages 20 address alongwith his sister and brother inlaw (jija) and doing the work of cleaning the drains. Yesterday on 25.09.2010 at about 10.30 PM when he was present in his house alongwith his sister and Jija, at that time outside their house Vijay @ Noty and his brother Vinod @ Kake and his brotherinlaw (sala) namely Anil and his friend Vicky @ Ganja were using abusive language. When he, his sister and Jija asked the said persons to go away from there, to which they gave fist and leg blows on their persons and then they flee away from there. They made a call at 100 number but none of the said persons could be found. Today on 26.09.2010 at about 12.00 noon, when he alongwith his sister and brotherinlaw was sitting in his house, Vijay @ Noty and his brother Vinod @ Kake, his brotherinlaw (sala) namely Anil and his brother Chander Prakash @ Pappu entered into his house and at that time Vijay @ Noty was carrying a knife in his hand and all stated that "they teach you a lesson for reporting the matter to the police". On the asking of Vinod @ Kake, Chander Prakash @ Pappu and his brotherinlaw (sala) namely Anil, Vijay @ Noty inflicted knife blow injuries on his neck and hands. In the meantime, mother of Vijay @ Noty namely Smt. Sheela, State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 3 of pages 20 sister of motherinlaw (mausiya saas) of Vijay @ Noty namely Smt. Darshan, husband of said Smt. Darshan namely Nanak Chand and friend of Vijay namely Mahesh came to their house. Smt. Sheela and Smt. Darshan gave fist and leg blows by laying him on the ground and Mahesh gave him beatings by catching hold of his hairs. In the meantime, friends of Vijay @ Noty namely Ram Prakash, Japan and Vikky also came there and they also gave beatings to him as well as to his brother inlaw (Jija) by fists and legs. They raised alarm and accordingly his uncle namely Pappu S/o Sodan Singh came their to rescue them but the said persons also started giving beatings to his uncle. On the asking of accompanying persons, Vijay @ Noty with intent to kill his uncle, gave danda blow on his head and accordingly blood started oozing out from the head of his uncle. His uncle also raised noise for help but nobody came forward to help them due to the fear of Vijay @ Noty, who is BC of the area. In the year 2005 Vijay @ Noty inflicted injury on the person of his brother Sonu @ Bhola with fire arm and a case U/s 307 IPC was registered against Vijay @ Noty, his brother Chander Prakash and friend Sandeep Banda. Vijay @ Noty is having grudge against his family State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 4 of pages 20 and today also Vijay @ Noty he has threaten them of dire consequence, if the matter if reported to the police".
On the basis of aforesaid statement HC Narender prepared a Tehrir and got the FIR of instant case registered U/s 452/323/324/308/506/34 IPC by sending Ct. Dhirender to Police Station. Thereafter, the further investigation was entrusted to ASI Surender, who during investigation visited the spot and prepared the Site Plan and recorded the statements of witnesses. Thereafter, the accused Ram Prakash, Nanak Chand, Darshan and Anil were arrested in this case. Then in pursuance to the order of SHO, further investigation was assigned to SI Ram Pal, who during the course of further investigation arrested accused Japan, Vinod and Mahesh. Then after completion of investigation, the charge sheet qua the accused Ram Prakash, Nanak Chand, Darshan, Anil, Japan, Vinod and Mahesh was filed before the court. Thereafter, on receipt of information that the accused Vijay @ Noty, Vikky @ Ganja and Rahul @ Ranjeet were hiding themselves in the house of one Prakash @ Passi R/o Village Jalalpur, District Unnao, U.P, a raid was conducted but on getting the information about arrival of police, the said accused persons were got managed to escape by the accused Prakash Pasi. On this accused Prakash Pasi was arrested U/s 216 IPC. The accused Vijay @ Noty, Rahul @ Ranjeet, Vikky @ Ganja, Chander Prakash @ Pappu, Smt. Sheela could not be apprehended and ultimately vide order dated 24.08.2011 passed by Ld. MM, they were declared Proclaimed Offenders. Thereafter, on 26.04.2011 in pursuance to the information of secret informer, the accused Vikky @ Govind S/o Ram Chander was arrested at the instance of Sunny S/o Rajpal, the State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 5 of pages 20 complainant. Then after completion of investigation qua the accused Vikky @ Govind and Prakash @ Pasi, they were also sent up for trial vide a separate supplementary challan. Thereafter, accused Chander Prakash, Sheela and Vijay @ Noty were arrested in this case and they were also sent up for trial by way of separate supplementary charge sheets and the said supplementary challans were registered separately vide SC No.15/2013, SC No.33/2013 and SC No.72/2013 respectively.
2. After completion of committal proceeding, arguments on the point of charge heard and charge U/s 452/323/324/308/34 IPC was framed against Mahesh, Vinod @ Kake, Japan @ Moti Lal Khan, Ram Prakash, Nanak, Darshan, Anil and Vikky @ Govind on 24.08.2011. Separate charge U/s 216 IPC was also framed against the accused Prakash Pasi on the same day. Subsequently, charges were also framed against the accused Sheela, Chander Prakash @ Pappu and Vijay @ Noty U/s 452/323/324/308/174A/34 IPC on 23.03.2013, 11.04.2013 & 07.12.2013 respectively. All of them pleaded not guilty and claimed trial.
3. It is pertinent to mention here that the prosecution has led its evidence in all the four cases i.e. SC No.14/2013, SC No. 15/2013, SC No.33/2013 and SC No.72/2013 separately. In SC No.14/2013, SC No.15/2013, SC No.33/2013 and SC No. 72/2013 the prosecution has examined as many as 13, 22, 22 and 20 witnesses respectively.
4. In the case in hand the thirteen witnesses examined are as under:
5. PW1 Sunny in his statement recorded on 13.09.2011, stated that on 25.09.2010 at around 10.00 PM, when he was present in his house alongwith his sister and Jija, the accused State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 6 of pages 20 Noty @ Vijay, Vicky @ Ganja, Japan, Anil, Kale and Mahesh came there alongwith many other persons in drunken condition and grappled with him and when he got himself freed from their clutches, they hit him with some object and he ran towards the house of his sister. All the culprits started throwing bricks bats in the house of his sister and thereby injured his sister and Jija. He called up the police. Then alongwith his sister and brother Rajesh and Sonu went to the police station, where his statement was recorded on which the FIR was registered. He claimed that he had signed his statement and also affixed his thumb impression thereupon. He claimed that he had also written his name of the statement. Thereafter, SHO had given private security to them for 23 days but culprits used to roam about outside their house on motorcycle and subsequently his brother Sonu was murdered. Nothing happened thereafter. He correctly identified the accused Vicky, Japan, Anil, Kake and Mahesh. During the course of cross examination by Ld. Addl. PP (after seeking permission of court) this witness further confirmed that on 26.09.2010 when he was sitting with his sister and Jija in his house, accused Vijay, Vinod, Anil and Chander Prakash came inside the house and at that time the accused Vijay, who was carrying a knife in his hand stabbed him on his neck and hands on being instigated by coaccused Vinod, Chander Praksh and Anil. The coaccused Sheela, Darshan, Nanak Chand and Mahesh also entered in their house and Sheela and Darshan made him lie on the ground and hit him with legs and fists. The accused Mahesh caught hold of his hairs and gave beatings to him. Thereafter, accused Ram Prakash, Japan and Vicky also came there and gave legs and fists blows to Raju and him. Thereafter, when his uncle Pappu came there to save them, he was also beaten by the State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 7 of pages 20 accused persons. Accused Vijay brought a thick danda and gave danda blow on the head of his chacha with intention to kill him. He claimed that accused Vijay had enmity with his family and on 26.09.2010, he had threatened them not to report the matter to police. Thereafter, accused persons ran away from the spot. He conceded that on 05.11.2010, he had informed the police that on his personal inquiries, name of some of the culprits of the incident of 26.09.2010 came to be known as Vijay @ Notty,Chander Parkash @ Pappu, Vinod @ Kake, Mahesh and Nagender @ Vicky @ Ganja. Further on 01.12.2010, he made a statement to the police to the effect that names of other culprits of incident dated 26.09.2010 were Anil, Sheela, Darshan, Nanak Chand, Ram Parkash, Japan and one other Vicky @ Govind. He further stated that on 24.12.2010, on his identification Vinod @ Kake and Mahesh @ Vikram were arrested vide arrest memos Ex.PW1/B & C and on 26.04.2011, accused Vicky @ Govind was arrested vide arrest memo Ex.PW1/D and his personal search was conducted vide memo Ex.PW1/D1.
During cross examination he claimed that his thumb impression at point mark X on Ex.PW1/A was affixed in the Police Station and at that time besides himself his brother Rajesh, Sonu and his sister were present and signature of his sister and Sonu were obtained on some papers by the police. On 26.09.2010, he alongwith his sister and Jija remained in the Police Station for about 45 minutes and the police had obtained their signatures on some papers but his thumb impression was not obtained. He claimed that he knew the accused persons since his childhood but he can not tell the contents of Ex.PW1/C, though, it bears his signature at point Mark X. He had signed the same in the Police Station. He conceded that a State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 8 of pages 20 cross case was registered at PS Uttam Nagar in the year 2005 against him. He was not unconscious when he was being treated in DDU Hospital and on asking by the attending doctor he only told that he had been stabbed by Notty. In the hospital he was taken from the Police Station first and thereafter, his sister, chacha and others reached there subsequently. He could not tell the date of arrest of accused Vicky @ Govind and accused Vicky was previously known to him.
PW2 Asha, sister of complainant, stated that on 25.09.2010 at about 10.30 PM, he alongwith her husband Raju and her brother Sunny was present at her house and on hearing sound of abusing, they came outside and found that Vicky @ Notty, Vinod @ Kake, Anil, Vicky @ Ganja, who were present in the gali, were abusing them. When she alongwith her brother and husband asked them to go from there, they all four gave them legs and fists blows and beaten them and thereafter, they ran away from the spot. They informed the police at no.100. Police came but none of the accused persons was found present there on that day. On 26.09.2010 at about 12.00 noon, when she alongwith her brother and husband were present at her house, accused Vijay @ Notty, Vinod @ kake, Anil and Chander Prakash @ Pappu tressed passed into their house. Accused Vijay @ Notty was carrying knife in his hand and all the accused persons were uttering "police main report karne ka maja chakhate hain". Then at the instance of accused Vinod @ kake, Chander Prakash and Anil, accused Vijay @ Notty gave knife blow on the neck and hands of Sunny in her presence. In the meantime, Sheela, the mother of accused Notty alongwith Darshan, Nanak Chand and Mahesh also tressed passed into their house and they pushed Sunny, and Darshan gave leg and fist blows to him. Accused Mahesh had State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 9 of pages 20 caught hold of hair of Sunny and in the meantime, Ram Prakash, Japan and Vicky, gave beatings to Raju and Sunny with fist and leg blows. On hearing their alarm, when her uncle Pappu came there to rescue them, Vinod, Anil, Chander Prakash, Japan, Vicky @ Ganja, Ram Prakash, mahesh and Vicky exhorted to Vijay @ Notty "ye bachane ke liye aaya hain, jinda na jaa paye". The same words were also exhorted by accused Darshan and Nanak Chand. Thereafter, accused Vijay @ Notty left the spot and came there with a danda and gave a danda blow on the head of Pappu. Since accused Vijay is a BC of the area, so no one came at the spot to save them. She claimed that prior to the said incident, accused Vijay @ Notty had caused bullet injury to her brother Sony @ Bhola and a case in that regard was also registered at PS Uttam Nagar. She claimed that subsequently her brother Sonu @ Bhola was murdered by accused Vinod @ Notty and other accused persons.
During cross examination she claimed that the incident which took in the year 2010 was taken place during the night time and there was darkness at the spot and as such she could not see the 810 persons, who attacked on her and she admitted that accused persons present in the court were not amongst those 810 persons. Her house is situated in a residential colony but it is a kachchi colony.
During the course of reexamination conducted by Ld. Addl. PP after seeking permission of the court, she stated that earlier i.e. on 11.07.2012 she had given her statement at the instance of police officials and she denied that she had identified all the accused persons correctly in her examination inchief dated 11.07.2012.
PW3 HC Jai Prakash, the Duty Officer and the DD State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 10 of pages 20 writer, has proved the FIR Ex.PW3/A and DD No.52A, 21A, 25A & 33A as Ex.PW3/C, D, E & F respectively.
PW4 HC Narender, the Ist IO of the case, who went to the spot after receipt of DD no.21A, where on inquiry, he came to know about quarrel and removal of injured to DDU Hospital. He alongwith Ct. Dhirender went to DDU Hospital where injured Sunny, Asha and Pappu were found admitted. He recorded the statement of injured Sunny Ex.PW1/A, upon which he made endorsement Ex.PW4/A and sent the rukka through Ct. Dhirender to the PS for registration of FIR. After some time, ASI Surender Singh came to the spot alongwith Ct. Dhirender. Injured Sunny also reached there. ASI Surender Singh prepared Site Plan at the instance of injured Sunny. Accused Nanak, Ram Prakash and Darshan were arrested from their jhuggies in his presence.
During cross examination he denied that complainant Sunny was previously known to him. His statement was recorded at the spot on 26.09.2010. Thereafter, he came to the PS and his arrival entry was made by IO ASI Surender. He conceded that he had not got the spot photographed. He reached the spot at about 1.00 PM on 26.09.2010 and remained there for about 57 months but no written proceeding were conducted at the spot in his presence during that period. He could not tell the names of those persons, who told him about the removal of injured persons to DDU Hospital. The first document prepared in the hospital was statement of Sunny but no one had signed his signature as an attesting witness. He had not recorded the statements of Asha and Pappu there. He claimed of having no knowledge about the previous enmity between the complainant and Vijay @ Notty, Vinod and Mahesh. Accused Nanak, Ram Prakash and Darshna were State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 11 of pages 20 arrested at about 8.15 PM and the arrest memos were prepared while sitting on a chabutra in the open space outside the jhuggies and many public persons were collected there by that time but signatures of none of them were taken on the memos. He claimed that time of arrest had been mentioned by the IO in the arrest memos in his presence.
PW5 Ct. Dhirender, is the witness who accompanied HC Narender to the spot. He also took the rukka to PS and got the FIR of instance case registered and after registration of FIR handed over the copy of FIR and rukka to second IO ASI Surender. He claimed that the site plan was prepared by the IO at the spot. Thereafter, at the pointing out of Sunny, accused Darshna, Nanak and Ram Prakash were got stopped and interrogated and taken into custody.
During cross examination he stated that the spot from where the accused persons were apprehended was around half KM away from Jhuggi No.840.
PW6 Dr. Archana, has proved the factum regarding medical examination of the patients Asha and Pappu by Dr. Tarun Deep Singh vide MLC No.18075 Ex.PW6/A and MLC No. 18703 Ex.PW6/B respectively.
PW7 Dr. Ajay Sharma, has proved the factum regarding medical examination of the patient Sunny by Dr. Rachna Pandey and Dr. Manjesh (SR Ortho) vide MLC No.18045 Ex.PW7/A. During cross examination he conceded that he has no personal knowledge in respect of Ex.PW7/A and the same was not prepared in his presence.
PW8 Pappu Shahari, another injured and eye witness of the occurrence, stated that on 26.09.2010 at about 12.00 noon, he saw accused Vijay @ Notty, Satya Prakash, Mahesh, State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 12 of pages 20 Japan, Ram Prakash, Nanak and Darshna asked him not to depose in a case U/s 308 IPC and on that issue an altercation and scuffling took place and accused Vijay @ Notty hit on his head with a danda. Since the witness was resiling from her earlier statement, recorded by the police, so he was cross examined by Ld. Addl. PP for the State, after seeking permission of the court, and during the said cross examination he stated that he was present at the Jhandewala Chowk and over heard the voice "bachao" of Asha from inside her house. Thereafter, he went inside the house and found Vijay @ Notty, Vinod @ Kake, Chander Prakash @ Pappu, Anil, Japan, Vikcy @ Ganja, Ram Prakash, Mahesh and one another Vicky of Nand Ram Park, and they apprehended him and at their instigation, accused Vijay @ Notty brought a thick danda and gave several danda blows on his head.
During cross examination on behalf of accused persons, the said witness claimed that his statement was recorded by the police in the hospital on 26.09.2010 at about 12.00 noon or 1.00 PM and at that time he was conscious but his statement was not read over to him by the police. He also signed the statement. He claimed that he had stated in his statement given to police about the criminal case U/s 308 IPC, which was pending against Vijay @ Notty, Mahesh, Kake and Pappu, and on confronting the statement Ex.PW8/D1 it was found that the same was not recorded therein. He conceded that the place where the house of his niece is located is a very thickly populated area. He conceded that he did not over heard the quarrel taken place, rather, the said fact was told to him by one Ashok. He conceded that no other relative was present with him at Jhandelwan Chowk and he initially saw Asha, when he went there on hearing about the quarrel near the door of her State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 13 of pages 20 house at ground floor and one or two persons, namely Nanak and Darshan were standing there. When he saw, Asha, there were no injury on her person, though, her cloths were torn. In his presence the quarrel did not take place. He claimed that he went to the hospital alone and remained there for about 22½ hours. He conceded that Ex.PW8/D1 does not bear his signature and no quarrel took place between him and accused persons at the house of Asha. He admitted that there is enmity with all the accused persons and he made statement to the police that he received injuries on different parts of body. He did not disclose the names of accused persons to the police as the police officials did not ask him. He could not tell the time when the PCR came to the spot and reached in the hospital. He conceded that the police had not read over his statement to him and earlier he remained a BC of the area and there were several criminal cases against him and prior to the lodging of this FIR, he had been convicted alonwgith his brothers Subhash, Bhola and Bhola's brother Rajesh in a criminal case U/s 307 IPC in which accused Vijay @ Notty was the complainant and accused Mahesh was an eye witness. In the said case, they were awarded sentence to undergo imprisonment for a period of seven years.
PW9 Raju, brother in law of complainant and an eye witness of the occurrence, who took his wife Asha to the hospital, claimed that the incident took place on 25.09.2010 at 10.00/10.30 AM and he had over heard the noise of abusing and when he came out, accused Vijay, Hari Prakash, Vinod and Pappu came there and started quarreling with him. They had also beaten his wife. When he asked them to go away, they entered into a fight with him and also extended threats to him. After quarrel, they all went away. He took his wife to DDU State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 14 of pages 20 Hospital. He could not tell as to what happened on the next day as he was away on his duty on that day. Since this witness was also not disclosing the complete facts, so he was also cross examined by Ld. Addl. PP, with the permission of court, and during the said cross examination he stated that the quarrel again took place on 26.09.2010 at about 12.00 Noon and accused Vijay @ Notty, Vinod, Anil, Chander Prakash barged into their house and Vijay, at the instance of Vinod, Chander Prakash and Anil, gave stab injury to Sunny at his neck and hand. Accused Sheela, Darshan, Nanak Chand and Mahesh also came inside the house and beaten his brother in law by giving him slaps and kicks.
During cross examination on behalf of accused persons, he again stated that no incident took place on 26.09.2010 in his presence as he was living in Rohini on rent. Police never inquired him about the present case nor recorded his statement. He made a call to the PCR on 25.09.2010. He did not give any statement to the police on 25.09.2010 that Vijay @ Naughty, Hari Prakash, Vinod @ Kale and one Pappu quarreled with them and they had also beaten his wife. He was not medically examined on 25.09.2010. He further stated that as he had not accompanied his wife to the hospital, so he does not know where she had received injuries but she was beaten brutally. He stated that accused Govind @ Vicky was not present at the spot and he had not caused any injuries to them. He admitted that he was not present at the spot when his wife was beaten and he had mentioned about the date and details etc., during cross examination by Ld. Addl. PP, when questions were put to him. He had gone to PS on 25.09.2010 at about 10.30 PM and he remained there for about one hour. His statement was not recorded by the police and statement of any State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 15 of pages 20 other witness was also not recoded in his presence. He conceded that he knew all the accused persons except accused Govind prior to the incident and accused Vijay @ Naughty and Vinod @ Kale had inimical terms with Sunny, Pappu Shehari and Sonu @ Bhola. He further conceded that Sunny had been convicted in a case punishable U/s 307 IPC in which accused Vijay @ Naughty was complainant and accused Mahesh was an eye witness. He further conceded that there are several criminal cases against Sunny, Pappu Shehari and Sonu @ Bhola and externment order had been passed against Pappu Shehari.
PW10 Ct. Nand Kishore, confirmed that he took DD No. 33A to DDU Hospital and handed over the same to first IO HC Narender.
PW11 Dr. G. Adhikari (EMO), who had firstly got examined the injured Sunny at DDU Hospital through Dr. Rachan Pandey (the JR) and got referred the patient to Orthopedic and Surgery Departments.
PW12 SI Ram Pal and PW13 SI Surender are the subsequent Investigating Officers, who described about their respective roles played in the investigation.
6. After conclusion of prosecution evidence, statements of accused persons U/s 313 Cr.P.C were recorded in the instant case, wherein accused persons claimed innocence on the ground of false implication in this case. They did not lead any evidence in their defence.
7. I have heard the respective rival submissions of Ld. Addl. PP for the State and Ld. counsels for the accused persons. I have also perused the entire material placed on record and in my considered opinion the prosecution has been failed to prove the guilt of accused persons beyond the shadow of reasonable State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 16 of pages 20 doubt.
8. Firstly, in the case in hand, out of four star witnesses/ material witnesses of the prosecution i.e. PW1, PW2, PW8 & PW9 (amongst the total thirteen witnesses examined), PW8 & PW9 have at all not supported the case of prosecution and they both have resiled from their earlier version recorded before the police. Further the testimonies of remaining testimonies are also not worthy of full credence due to the material contradictions and improvements and therefore, they can not become the basis of the conviction of the accused persons in the present case.
PW2 Smt. Asha has although supported the case of prosecution in her examination in chief recorded on 11.07.2012 but in her cross examination she derailed and has spoken otherwise and categorically stated that there was darkness at the spot, so she could not see the 810 persons, who attacked on her and the accused persons present in the court were not amongst those 810 persons. She even went beyond and at the stage of reexamination conducted by Ld. Addl. PP denied that she had identified all the accused persons correctly in her examination in chief dated 11.07.2012, and claimed that she gave the statement before the court at the instance of police officials.
Now let us come to the statement of PW1 Sunny, the complainant.
Although, in the instant case i.e. SC No.14/2013, PW1 Sunny (the complainant) has, by and large, supported the case of prosecution by corroborating and reiterating his earlier version recorded before the police and duly identifying the accused persons and specifying their respective roles in the incident but the same witness when reappeared subsequently State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 17 of pages 20 after the arrest of coaccused persons i.e. in SC No.15/2013, SC No.33/2013 and SC No.72/2013, has taken somersault and completely resiled from his earlier version recorded in the Court as well as before the police. In his statement dated 11.04.2014 (recorded in SC No.15/2013) this witness has completely disowned his earlier statement recorded before the police and denied of having stated to the police in his statement Ex.PW1/A that on 26.09.2010 at about 12:00 noon, he along with his sister Asha and Jeeja Raju were present at their house, at that time, Vijay @ Notty carrying a knife in his hand with his brother Vinod @ Kake, the brother in law (SALA) of Vijay @ Notty namely Anil and brother of Vijay @ Notty namely Chander Prakash @ Pappu entered in their house by saying that they will teach them a lesson for reporting the matter dated 25.09.2010 to the police or that on the instigation of above named coaccused, Vijay @ Notty caused the injury with knife on his neck and hands, at the same time, Smt. Sheela and Smt. Darshna, Nanak Chand, Mahesh also came at their house and Smt. Sheela gave beatings to him by dashing him on the ground and hit him with kicks and fist blows, Mahesh caught him with his hair and gave beating. He further denied of having stated to the police that at the same time, Ram Prakash, Japan and Vicky also reached there and they gave beating to him and Raju by kicks and fist blows or that in order to save them, Pappu S/o Sudan Singh (uncle of PW Sunny) came there, who was beaten by Vijay @ Notty with 'danda' by hitting the same on his head with the intend to kill him and Pappu sustained injuries on his head and blood started gushed out of his wounds, Pappu started making noise 'Bachao Bachao' but no one came to save us because accused Vijay @ Notty is B.C. of the area who had fired a shot on Sonu (brother of PW1) and a State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 18 of pages 20 case is registered under Section 307 IPC against him and his associates or that Vijay @ Notty attempted to kill them by firing a shot if they reported the matter to the police. He categorically denied that Chander Prakash @ Pappu and Smt. Sheela had caused injuries to him, his brother in law Raju and sister Asha and uncle Pappu on 26.09.2010 with their associates.
Similarly when the said witness namely Sunny appeared in case SC No.33/2013, he reiterated the version narrated by him in case SC No.33/2013 and resiled from his version given in the instant case.
Moreover, when this witness appeared in case SC No. 72/2013, this witness went even beyond further and claimed that he does not know the names of those persons who had entered in their house and beaten him, his jija Raju and sister Asha and expressed his inability to identify them. He even denied that he knew any person in the name of Vijay @ Naughty.
Even otherwise the very statement of the witness i.e. PW1 recorded in the instant case is also full of improvements and contradictions and therefore, the same can not be safely believed upon, like, in his examination in chief, he has claimed that he had signed his statement given to the police and had also affixed this thumb impression thereupon, however, the very perusal of rukka Ex.PW1/A reveals that the same does not contain his signature, though, there is a thumb impression, but it is also not clear as to whom the said thumb impression belongs. Further according to PW1, the occurrence had taken place at 12.00 PM but according to the MLC, the time of reaching of the injured to the DDU hospital was 4.20 to 4.30 PM and nowhere it has been explained as to why the said injured reached in the hospital belatedly after the delay of about State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 19 of pages 20 four hours. Further according to PW1 the police had taken the signature of his brother in law and sister on the rukka but perusal of the same reveals that the said signature were not found present thereupon. Moreover significantly in the instant case, the complainant has disclosed the names of accused persons in stages i.e. on 05.11.2010 he informed the police that on his personal inquiries, name of some of the culprits of the incident of 26.09.2010 came to be known as Vijay @ Notty,Chander Parkash @ Pappu, Vinod @ Kake, Mahesh and Nagender @ Vicky @ Ganja and further on 01.12.2010, he made a statement to the police to the effect that names of other culprits of incident dated 26.09.2010 were Anil, Sheela, Darshan, Nanak Chand, Ram Parkash, Japan and one other Vicky @ Govind. Admittedly, accused persons were known to the complainant since his childhood. If it was so then who stopped him from disclosing the names of all the accused persons instantly at the earlier stage i.e. at the time of recording of his statement at DDU Hospital. In these circumstances, the claim of the accused persons regarding their false implication, can not be overlooked.
9. In view of aforesaid, I have no option but to acquit the accused persons of the charges. Accused persons stand acquitted accordingly. Their existing bail bonds surety bonds are extended for the period of six months in view of the provisions of Sec.437A Cr.P.C.
10. File be consigned to Record Room after completion of necessary formalities.
(Announced in open Court (RAKESH KUMAR1)
on 28th February, 2015) Addl. Sessions Judge/Special
Judge (NDPS) (West)
Tis Hazari Courts, Delhi
State Vs. Mahesh & Vikram etc. (SC No.14/2013) Page No. 20 of pages 20