Delhi District Court
State vs Mehrajuddin on 15 April, 2026
IN THE COURT OF SH. KUMAR RAJAT,
ADDL. SESSIONS JUDGE-07, SHAHDARA DISTRICT,
KARKARDOOMA COURTS, DELHI
IN THE MATTER OF:
CNR No. DLSH01-001847-2021
SC No. 81/2021
FIR No. 211/2013
PS Jafrabad
U/S 288/308/304 IPC
STATE
Vs.
MEHRAJUDDIN,
S/o Late Sh. Rehmatullah,
R/o H.No. G-45, East Kailash,
New Delhi.
........ Accused
Date of Institution of case 20.02.2021
Date of case reserved for Judgment 04.04.2026
Judgment Pronounced on 15.04.2026
Decision Acquitted
JUDGMENT
BRIEF FACTS OF THE CASE
1. As per the case of prosecution, on 06.07.2013, DD no. 4B was registered that at about 1.54 AM, one building had collapsed near Tent Wala School, Jafrabad, Delhi and IO reached the spot and prepared a note that on receipt of DD No. 30A dated 05.07.2013 regarding apprehension of collapse of building no. 12A/72D, Jamalu Ka Bagh, Gali No. 1, Maujpur of 180 Sq. yards State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 1 of 44 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date:
2026.04.15 16:41:00 +0530 and SHO and ACP reached there. Officers of MCD i.e. A.K. Singh (AE Works), OP Ojha (Ex.En. Building), Mohd. Illyasi (Ex.En.), Inspector Satbir with DC Staff, Sh. Tarun Kumar Tahsildar (Shahdara and Seelampur with staff) also reached the spot. Owner of the building Mehrajuddin and builder Furkan also reached there. Mehrajuddin desired to demolish the building, but he was forbidden by SHO, Jafrabad and ACP, Seelampur as it was work of MCD and MCD officials allowed the owner to demolish the building and SHO Jafrabad increased the police staff to cordon off the building, but the said building collapsed at 1.54 AM while being pull down and 17 labourers got injured and it was found that it was already built up old building on which only basement and ground floor were already constructed and no portion of building was occupied by any shop-keeper or resident and construction from ground floor upwards, was started by accused Mehrajuddin in 2013 regarding which intimation was given by local police to MCD and SDM, Shahdara on 28.05.2013, which was duly received by Ex.En. (Building), Shahdara and SDM, Shahdara on 29.05.2013 and information of unauthorized construction was given by local police to MCD vide DD No. 20B dated 26.05.2013, which was duly booked by MCD on 26.05.2013, but no communication was received by local police from MCD or SDM, Shahdara. Demolition and pulling down of building requires engineering skills, which was not known to local police, so it was allowed by MCD officials and DC staff present there and building was being pulled down in their presence.State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 2 of 44 Digitally signed by KUMAR
KUMAR RAJAT RAJAT Date:
2026.04.15 16:41:04 +0530
2. On the said note/complaint, the FIR was registered vide FIR No. 211/2013, dt. 06.07.2013 in PS Jafrabad u/s 288/308 IPC. After investigation, charge-sheet was filed against accused Mehrajuddin u/s 288/308/304 IPC and after the filing of charge-sheet, cognizance of offences was taken against the accused.
CHARGE
3. Charge for the offences punishable u/s 288/308/304 IPC was framed against accused Mehrajuddin by Ld. Predecessor on 02.02.2022. Accused pleaded not guilty and claimed trial.
ADMISSION / DENIAL OF DOCUMENTS
4. Admission/denial of documents u/s 294 Cr.P.C./330 BNSS was conducted on 22.07.2025. Accused Mehrajuddin, vide his separate statement recorded on the abovesaid date, had not disputed the following documents:
(i) MLC No. 167135 dt. 06.07.2013 of injured Yaseen prepared by Dr. Girish Chander Prabhat of Shushutra Trauma Centre, Delhi, Ex.PA1.
(ii) MLC Nos. D-8, D-9 and D-14, all dt. 06.07.2013 of injured persons namely Abdul Hasan, Nawab Ali and Aslam prepared by Dr. Ashish Tomar of GTB Hospital, Ex.PA2, Ex.PA3 & Ex.PA4.
(iii) MLC No. D-2, D-3, D-5 and D-11, all dt.
06.07.2013 of injured persons namely Mohd. Akhtar, Shamshul, Mohd. Shahid and Mohd. Samad prepared by Dr. Aditya Chauhan of GTB Hospital, Ex.PA5, Ex.PA6, Ex.PA7 & Ex.PA8.
State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 3 of 44 Digitally signedKUMAR by KUMAR RAJAT RAJAT Date: 2026.04.15 16:41:09 +0530
(iv) MLC Nos. D-4, D-1, D-7, D-12, D-10, D-13, all dt. 06.07.2013 of injured persons namely Sonawar, Illyas, Riyasat, Ehsaan, Mohd. Iqbal and Ikram prepared by Dr. Alok Chaudhary and nature of injuries given by Dr. Ravi, Dr. Baleshwar, Dr. Meenakshi, Dr. Nitesh, Dr. Rakesh of GTB Hospital, Ex.PA9, Ex.PA10, Ex.PA11, Ex.PA12, Ex.PA13 & Ex.PA14.
(v) MLC of injured Urman dt. 06.07.2013 prepared by Dr. Meenakshi and nature of injuries was given by Dr. Nitesh, Ex.PA15.
(vi) PM Report No. 903/2013 dt. 06.07.2013 of deceased Furkan prepared by Dr. Shalini Rajdan of GTB Hospital, Ex.PA16.
In view of above-said admission, the requirement of evidence of following witnesses was dispensed with :
Sl. no. Name of the witnesses
1. Dr. Girish Chander Prabhat (at Sl. No. 26 in the list of witnesses)
2. Dr. Ashish Tomar of GTB Hospital (at Sl. No. 22 in the list of witnesses)
3. Dr. Aditya Chauhan of GTB Hospital (at Sl. No. 20 in the list of witnesses)
4. Dr. Alok Chaudhary (at Sl. No. 19 in the list of witnesses)
5. Dr. Ravi of GTB Hospital(at Sl. No. 23 in the list of witnesses)
6. Dr. Baleshwar of GTB Hospital (at Sl. No. 25 in the list of witnesses) State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 4 of 44 KUMAR Digitally signed by KUMAR RAJAT RAJAT 16:41:15 +0530 Date: 2026.04.15
7. Dr. Meenakshi of GTB Hospital (at Sl. No. 18 in the list of witnesses)
8. Dr. Nitesh of GTB Hospital (at Sl. No. 21 in the list of witnesses)
9. Dr. Rakesh of GTB Hospital (at Sl. No. 24 in the list of witnesses)
10. Dr. Shalini Rajdan of GTB Hospital (at Sl. No. 27 in the list of witnesses) PROSECUTION EVIDENCE
5. Prosecution examined thirty (30) witnesses in its favour to prove the case.
6. PW1 SI Lalit Mohan deposed that on 05.07.2013, he was posted at PS Jafrabad as SI and he was on emergency duty from 8 AM to 8 PM and at about 6.10 PM, when he was on another call, he had received an information from DO about DD No. 30A, Ex.PW1/A that one five story building i.e. 12/1/72D, Main Road, Vijay Mohalla, Park Maujpur, Delhi, was about to collapse. He along with one constable reached at the spot where one PCR van was already present. SHO and ACP were also present there and some afratafri was going on. He saw that plaster of that house was waiving (lehra raha tha) and was about to fall. There were some cracks in the house, which was about to collapse. Some officials of MCD including Tehsildar Mr. Tarun, Executive Engineers namely Mr. A K Singh and Mr. O.P. Ojha and SDM Mr. Anil Kumar also reached there. They stopped the traffic and asked the officials of MCD to take action as per law.
7. PW1 further deposed that MCD officials replied that they had already given notice to accused Mehrajuddin to State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 5 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:41:22 +0530 demolish the above said under constructed building on its own, otherwise MCD would take action. Outer force was also installed for help. As his duty hours were complete at about 8 PM, so SHO/ACP relieved him from the spot. PW1 came back to his home. On 06.07.2013 at about 2 AM in the night, PW1 had received an information from DO and DD no. 48B dated 06.07.2013, Ex.PW1/B was marked to him regarding collapse of abovesaid building. PW1 was also told that abovesaid DD had been sent to spot through Jogender. Thereafter, PW1 reached at the spot i.e. 12-A/107D, Jamalu Ka Bagh, Gali No. 1, Maujpur, Main Road No. 66, Delhi-53, where he saw many ambulances, PCR Vans, Police officials of MCD and forces were also present.
Accused Mehrajuddin was also present on the spot and discussing with officials of MCD. 17 injured persons were shifted to hospital for medical treatment.
8. PW1 further deposed that he had discussed the matter with SHO and other senior officers and Tehrir, Ex.PW1/C was prepared on DD No. 48-B. Rukka was handed over to Ct. Jogender for registration of FIR, who went to PS and got the FIR registered and handed over the same to IO/SHO Inspector Sudesh Ranga for further necessary action. On the direction of ACP/IO, PW1 got conducted the postmortem of dead body of deceased Furkan after he moved application for PM, Ex.PW1/D. PW1 also filled form 25.35, Ex.PW1/E. After the postmortem, dead body of deceased was identified by his brother Farhan and brother-in- law Mohd. Shakir vide memos, Ex.PW1/F and Ex.PW1/G. After the postmortem, dead body was handed over to them, vide State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 6 of 44 KUMAR Digitally signed by KUMAR RAJAT RAJAT 16:41:27 +0530 Date: 2026.04.15 memo, Ex.PW1/H. Thereafter, PW1 came back to spot. PW1 correctly identified accused Mehrajuddin in the Court.
9. PW2 Parveen Kumar deposed that in the year 2013, he was working as Junior Engineer, Building 1 & 2, Shahdara North Zone, EDMC, Delhi. On 03.07.2013, he was suspended from the job. He did not remember the exact date or month, but perhaps in the month of June, 2013, on the instruction of Assistant Engineer, Sh. Arun Kumar Meena, PW2 visited property no. 12A/107B, Jamalu Ka Bagh, Main Road, Maujpur, which was in the jurisdiction of Building 2, Shahdara, North Zone. PW2 did not know the owner of said building and he never met him or his relatives. There was no file of said property in their office. Whenever they received any information about unauthorized constructions, they would take action u/s 343/344 DMC Act. Action u/s 343/344 DMC Act is usually taken against new construction. They would visit the property and also send notice to its owner. During his visit, he found that minor repair like plaster etc. was going on at the abovesaid address. PW2 informed about the status of the same to Assistant Engineer and there was no new construction. No written report was prepared by him in this case as no written instruction was given to him by Assistant Engineer. During his visit, he found that property was up to 3rd Floor starting from basement. On 03.07.2013, charge of Junior Engineer, Building 2 was taken over by N S Meena. Police interrogated him and he gave written reply, Ex.PW2/A in his handwriting.
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10. PW3 Birender Dutt deposed that in the year 2013, he was working as office in-charge, Building Department, Shahdara, North Zone, EDMC, Delhi. PW3 had been working in the said department since 2011. There was no file of property no. 12A/107B, Jamalu Ka Bagh, Main Road, Maujpur in their office. Whenever, office received any information about unauthorized construction, AE and JE would take action u/s 343/344 DMC Act. Police interrogated PW3 and he gave written reply, Ex.PW3/A in his handwriting.
11. PW4 Nabi Hasan deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW4 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. Accused Mehrajuddin was the owner of the building. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW4 received minor injury.
12. PW5 Ikram deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW5 and other labourers for their wages. During July, 2013, he along with some other labourers were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. Accused Mehrajuddin was the owner of the building. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW5 received minor State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 8 of 44 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.15 16:41:39 +0530 injury.
13. PW6 SI Pramod deposed that on 06.07.2013, he was posted as HC at PS Jafrabad. On that day, he was working as DO and his working hours were from 12 midnight to 8 AM. On that day at about 1.54 AM, he registered the DD No. 4B, Ex.PW6/A (OSR). On that day at about 5.30 AM, Ct. Joginder came at the PS, Jafrabad and handed over the original rukka for registration of FIR on which, he made endorsement, Ex.PW6/B. PW6 registered the FIR No. 211/2013, Ex.PW6/C (OSR) and handed over the same to Ct. Joginder.
14. PW7 Iqbal deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW7 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. Accused Mehrajuddin was the owner of the building. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW7 received injury on his chest and other body parts.
15. PW8 Ehsaan deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW8 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. Accused Mehrajuddin was the owner of the building. On the intervening night of 05/06.07.2013, he was State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 9 of 44 Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.15 16:41:44 +0530 working at the abovesaid building and suddenly, it got collapsed due to which, PW8 received injury on his head and other parts of body.
16. PW9 Nawab Ali deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW9 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. Accused Mehrajuddin was the owner of the building. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW9 received injury on his head and other parts of body. PW9 failed to identify the photographs of spot, Ex.P1.
17. PW10 Akhtar deposed that on in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW10 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. Accused Mehrajuddin was the owner of the building. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW10 received injury on his back. PW10 admitted in the cross-examination of Ld. Addl. PP that contractor Furkan was also with them at the time of collapse of building and he was died in that collapse.
18. PW11 Shamshul deposed that in the month of July, 2013, he was working as a construction labour with contractor State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 10 of 44 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.15 16:41:49 +0530 Furkan, who used to give money to PW11 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. Accused Mehrajuddin was the owner of the building. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW11 received injury on his back. PW11 admitted in the cross-examination of Ld. Addl. PP that contractor Furkan was also with them at the time of collapse of building and he was died in that collapse.
19. PW12 Sonawar deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW12 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW12 received injury on his back. PW12 admitted in the cross-examination of Ld. Addl. PP that contractor Furkan was also with them at the time of collapse of building and he was died in that collapse.
20. PW13 Illyas deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW13 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. On the intervening night of 05/06.07.2013, State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 11 of 44 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.15 16:41:54 +0530 he was working at the abovesaid building and suddenly, it got collapsed due to which, PW13 received injury on his finger. PW13 admitted in the cross-examination of Ld. Addl. PP that contractor Furkan was also with them at the time of collapse of building and he was died in that collapse.
21. PW14 Riyasat Hussain deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW14 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW14 received injury on his back, head and hand and he was taken to GTB Hospital where he received treatment. Later on, PW14 came to know that contractor Furkan had died in the incident. PW14 admitted in the cross-examination of Ld. Addl. PP that contractor Furkan was also with him and others at the time of collapse of building.
22. PW15 Urmaan Ali deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW15 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW15 received injury on his head and hand and he was taken to GTB Hospital where he received State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 12 of 44 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.15 16:41:59 +0530 treatment. Later on, PW15 came to know that contractor Furkan had died in the incident. PW15 admitted in the cross-examination of Ld. Addl. PP that contractor Furkan was also with them at the time of collapse of building.
23. PW16 Aslam deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW16 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW16 received injury on his back and legs and he was taken to GTB Hospital where he received treatment. Later on, PW16 came to know that contractor Furkan had died in the incident. PW16 admitted in the cross-examination of Ld. Addl. PP that contractor Furkan was also with them at the time of collapse of building.
24. PW17 Mohd. Yasin deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW17 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW17 received injury on his right arm and other parts of body. He was taken to GTB Hospital where he received treatment. Later on, PW17 came to know that contractor State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 13 of 44 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.15 16:42:04 +0530 Furkan had died in the incident. PW17 admitted in the cross- examination of Ld. Addl. PP that contractor Furkan was also with them at the time of collapse of building.
25. PW18 Abdul Hasan deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW18 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW18 received injury on his left hand and other parts of body. He was taken to GTB Hospital where he received treatment. Later on, PW18 came to know that contractor Furkan had died in the incident. PW18 admitted in the cross- examination of Ld. Addl. PP that contractor Furkan was also with them at the time of collapse of building.
26. PW19 Ahmad Sahid deposed that in the month of July, 2013, he was working as a construction labour with contractor Furkan, who used to give money to PW19 and other labourers for their wages. During July, 2013, they were working at a building situated at Jamalu Ka Baag, Gali No. 1, Maujpur, Delhi on behalf of contractor Furkan. On the intervening night of 05/06.07.2013, he was working at the abovesaid building and suddenly, it got collapsed due to which, PW19 received injury on his right arm. He was taken to GTB Hospital where he received treatment. Later on, PW19 came to know that contractor Furkan had died in the incident. PW19 admitted in the cross-examination State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 14 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:42:09 +0530 of Ld. Addl. PP that contractor Furkan was also with them at the time of collapse of building.
27. PW20 Mohd. Ilyas deposed that in July, 2013, he was working as Executive Engineer, M-IV, Shahdara, EDMC, Delhi. On 05.07.2013, he issued a notice, Ex.PW20/A bearing no. EEM-IV/Shahdara North/2013-14/313, u/s 348 MCD Act, 1947 to accused Mehrajuddin, owner of H.No. 12A/107D, Main 66 Ft. Road, Maujpur, Ward No. 252, Delhi and one copy was pasted on said house and also sent to SHO, PS Jafrabad, Ex.PW20/B, accused Mehrajuddin, AE and Ex. En, MCD.
28. PW21 Tarun Kumar deposed that in July, 2013, he was working as Tehsildar (Shahdara), Delhi and he was not present at the time of collapse of the building i.e. H.No. 12A/107D, Main 66 Ft. Road, Maujpur,Ward No. 252, Delhi. PW21 reached the spot 11 hours (approx), after the collapse of building. As per the directions of SDM Shahdara, Sh. Anil Bhatnagar, he visited the spot and informed him about the incident. PW21 had submitted the written submissions on 03.12.2021 before the Court.
29. PW22 Satybir Singh deposed that on 05.07.2013, he was working as Sanitary Inspector/MCD Corporation, Shahdara North, Delhi. On that day, as per the directions of Deputy Commissioner/MCD Office, Shahdara North Zone, Delhi and his senior officials, he visited the building i.e. H.No. 12A/107D, Main 66 Ft. Road, Maujpur, Ward No. 252, Delhi at about 9-10 PM. At that time, the aforesaid building was titled towards one side, but the same had not collapsed. PW22 returned from the State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 15 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:42:15 +0530 spot and narrated the situation/status of building to his senior officials.
30. PW23 SI Abhay Pal deposed that on 05.07.2013, he was posted as HC at PS Jafrabad. On that day, he was working as DO from 4 PM to 12 midnight. At about 5.50 pm, he registered DD no. 30A, Ex.PW1/A (OSR).
31. PW24 ACP Anil Kumar deposed that on 25.05.2014 and 20.06.2014, he made inquiries from Virender Dutt, In-charge Record (Building) and Praveen Kumar, JE (Building-II), MCD, Shahdara Zone, Delhi. Thereafter, he got transferred from PS Jafrabad.
32. PW25 ACP Sudesh Ranga deposed that on 06.07.2013, he was posted as Inspector/SHO at PS Jafrabad. On that day, after registration of present FIR, further investigation of the present case was marked to him. PW25 along with police staff went to the spot i.e. Premises No. 12A/107D, Jamalu ka Bagh, Gali No. 1, Maujpur, Delhi and prepared the site plan, Ex.PW25/A at the instance of 1st IO/SI Lalit Mohan and HC Praveen. PW25 got the spot photographed through a private photographer. PW25 correctly identified the spot i.e. aforesaid building Premises No. 12A/107D, Jamalu ka Bagh, Gali No. 1, Maujpur, Delhi in 12 photographs, Ex.P1 (colly). Thereafter he received information that one injured Furkan had been declared brought dead at GTB Hospital. PW25 added offence u/s 304 IPC in the present case and he searched accused Mehrajuddin, but in vain. PW25 went to the GTB Hospital and collected the MLCs of other injured persons.
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33. PW25 further deposed that in the MLC No. D1 dt. 06.07.2013 of injured Illyas, the doctor opined the injuries as grievous in nature. On the MLCs of other injured persons i.e. from D2 to D14, the doctor opined the nature of injuries as simple in nature. PW25 got conducted the postmortem of deceased Furkan at the mortuary of GTB Hospital through SI Lalit Mohan and the dead body was handed over to brother of deceased namely Farhaan. Thereafter, PW25 searched accused Mehrajuddin, but in vain. On 06.07.2013, he recorded the statements of HC Praveen, Ct. Joginder, HC Rampal, injured persons namely Mohd. Akhtar, Shamshul, Samad, Sanovar, Illyas, Nabi Hasan, Ikram, Iqbal, 1st IO/SI Lalit Mohan u/s 161 Cr.PC. On 11.07.2013, he recorded the statement of injured Mohd. Yasin and on 25.07.2013, he recorded the statements of injured persons namely Nawab Ali, Abdullah Hasan, Mohd. Ehsan, Urmaan Ali, Riyasat Husain, Ahmad Shahid and Aslam u/s 161 Cr.PC.
34. PW25 further deposed that he collected the PM Report of deceased Furkan. Accused Mehrajuddin moved his anticipatory bail application, but the same was dismissed by Hon'ble Sessions Court. Thereafter, accused Mehrajuddin filed anticipatory bail before Hon'ble High Court on the ground that he had given compensation to the family members of deceased Furkan and other injured persons. As per the directions of Hon'ble High Court, he verified that fact from the injured persons and relative of deceased. PW25 collected the copy of receipts (attested by him) from injured Nabi Husan, Ikram, Iqbal, State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 17 of 44 Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.15 16:42:26 +0530 Abdul Hasan, Nawab Ali, Ehsan, Urmaan, Riyasat, Mohd. Akhtar, Samad, Mohd. Yaseen (relative of deceased Furkan), Mohd. Illyas and Mohd. Aslam, Ex.PW25/B, Ex.PW25/C, Ex.PW25/D, Ex.PW25/E, Ex.PW25/F, Ex.PW25/G, Ex.PW25/H, Ex.PW25/I, Ex.PW25/J, Ex.PW25/K, Ex.PW25/L, Ex.PW25/M and Ex.PW25/N respectively.
35. PW25 further deposed that on 10.07.2013, he served a notice u/s 91 Cr.P.C. bearing no. 1235 dt. 10.07.2013 seeking certain details about the above said building, to the MCD, North Zone, Shahdara, Delhi. In reply to the same, Deputy Assessor and Collector, Shahdara (North Zone) MCD gave his written reply, Ex.PW25/O along with copy of property tax return, Ex.PW25/P. On 24.07.2013, he served a notice u/s 91 Cr.P.C., Ex.PW25/Q to the Executive Engineer (MCD).
36. PW25 further deposed that on 30.07.2013, he came to know about the name and mobile number of MCD official namely Praveen and Virender Dutt from the reply of MCD officials and came to know that no record was available in their office regarding the aforesaid building. On 05.08.2013 and 07.08.2013, he interrogated the MCD official namely Virender Dutt and Praveen Kumar vide interrogation report Ex.PW3/A and Ex.PW2/A respectively.
37. PW25 further deposed that Praveen Kumar (JE) disclosed that from 10.06.2013 to 14.06.2013, the aforesaid building was inspected by them, but no written report was prepared by them. During investigation, PW25 analyzed the call details of mobile of accused Mehrajuddin and that of Virender State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 18 of 44 Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.15 16:42:31 +0530 Dutt (In-charge record), Praveen Kumar (JE), AS Meena (AE) and OP Ojha (Ex.En.), but nothing incriminating came on record. On 13.08.2013, accused got anticipatory bail from the Hon'ble High Court. On 22.08.2013, accused Mehrajuddin was arrested by PW25 vide arrest memo, Ex.PW25/R and released on bail (anticipatory). Personal search of accused Mehrajuddin was also conducted vide memo, Ex.PW25/S. PW25 collected the copy of log book (police control room/NE), Ex.PW25/T. Thereafter, he got transferred from PS Jafrabad. PW25 correctly identified accused Mehrajuddin in the Court.
38. PW26 Inspector Brijesh Malik deposed that on 06.04.2020, he was posted as ATO, PS Jafrabad. On that day, further investigation of the present case was marked to him and he collected the case file from MHC(R). On 23.11.2020, he served a notice u/s 91 Cr.P.C., Ex.PW26/A to accused Mehrajuddin and on 26.11.2020, he submitted his written reply to him, Ex.PW26/B. Along with reply, accused Mehrajuddin produced photocopy of structure work, copy of Aadhar Card, photocopy of ownership proof of H. No. 12A/107D, Jamalu ka Bagh, Gali No. 1, Maujpur, Delhi, Ex.PW26/C, Ex.PW26/D and Ex.PW26/E respectively. During investigation, he inspected the above said spot and at that time, it was built up to 2 floors and at the ground floor, there was a garment shop and the aforesaid building was being looked after by nephew of accused namely Faisal in 2020. Accused Mehrajuddin was interrogated and he disclosed that there was no written agreement between him and deceased Furkan and it was merely an oral agreement and there State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 19 of 44 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.15 16:42:36 +0530 was only structure work mentioned on a plain paper, Ex.PW26/C.
39. PW26 further deposed that after completion of investigation, he came to conclusion that accused Mehrajuddin was the owner of aforesaid building and on the day of incident, deceased Furkan started demolishing/pulling down work through his worker at his instance and there was no enough light at the spot at the time of demolition. There was no civil engineer/expert present at the spot at the time of incident and there were no use of security equipments at the spot for the purpose of demolition. PW26 prepared the charge-sheet and submitted before the Court.
40. PW27 ACP Rajesh Sharma deposed that on 13.01.2019, he was posted as ATO/Inspector at PS Jafrabad. On that day, further investigation of the present case was marked to him. PW27 collected the case file from MHC(R). PW27 made efforts to interrogate the MCD officials namely Virender and Praveen, but their presence/place of posting could not be found even after making efforts at MCD Office, Shahdara Zone, Delhi.
41. PW28 Retd. SI Rampal deposed that on 26.05.2013, he was posted as HC at PS Jafrabad. On that day, he was on patrolling duty and when he reached near H. No. 12A/107D, Jamalu ka Bag, Gali No. 1, Maujpur, Main Road 66, Delhi, he saw that unauthorized construction was going on at above said house and the basement and ground floor of the above said house were appearing to be old construction and the first floor of the building was appearing to be new construction. Further construction was going on at the 2nd floor of said building. Accused Mehrajuddin was the owner of building and also present State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 20 of 44 Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.15 16:42:41 +0530 there, but he failed to produce any permission of MCD regarding the construction work. PW28 gave information regarding unauthorized construction at MCD telephonically vide complaint no. 372 dt. 26.05.2013. PW28 filled the form regarding unauthorized construction and handed over the same to Reader of SHO, PS Jafrabad and disclosed about the present situation. PW28 recorded information regarding that unauthorized construction in rojnamcha vide diary no. 20B dt. 26.03.2013, Ex.PW28/A.
42. PW28 further deposed that SHO of PS Jafrabad also gave information vide DD No. 67-UC dt. 28.05.2013 at the office of Executive Engineer, North Zone Shahdara, MCD Delhi and at the office of SDM Shahdara on 29.05.2013. On 05.07.2013, in the evening one PCR call was received regarding the cracks in the above said building and PW28 reached the said building and cordoned it with the help of police staff and restricted the movement of public persons near the above said building in order to prevent any mishappening. He also got vacated the adjoining buildings. MCD officials also reached at the above said building, who gave notice to accused Mehrajuddin, which was received by his nephew namely Faisal and warned accused Mehrajuddin to take necessary action. SHO Sudesh Ranga objected accused Mehrajuddin as he was demolishing the building through labourers and it was the duty of MCD official to demolish the building, but accused Mehrajuddin started demolishing the above said building even in the presence of MCD officials.
State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 21 of 44 Digitally signedKUMAR by KUMAR RAJAT RAJAT Date: 2026.04.15 16:42:47 +0530
43. PW28 further deposed that at about 01:45 -02:00 am, one large portion of above said building fell down and PW28 called 100 number from his mobile phone, upon which fire brigade and reserved force of HRD-1 reached there and started the rescue work. IO prepared the site plan, Ex.PW25/A at his instance. IO recorded his statement. PW28 correctly identified accused Mehrajuddin in the Court.
44. It is further in evidence against you that PW29 ASI Parveen Kumar deposed that he was working as Reader to SHO PS Jafrabad, Delhi. PW29 had brought copy of order bearing no. 19185/HAR/NE dt. 12.07.2024, Ex.PW29/A passed by ACP Headquarters regarding the destruction of old record i.e. record pertaining year upto 31.12.2020, PS Jafrabad. Hence, the relevant record pertaining to the present case could not be produced due to destruction/weeding out of the said record upto year 2020 of PS Jafrabad.
45. PW30 SI Praveen Kumar deposed that on 05.07.2013, he was working as HC at PS Jafrabad. On that day, he was on night emergency duty from 8 PM to 8 AM. At about 2 AM, he received DD no. 4B dated 06.07.2013 by Ct. Joginder regarding the fall of building. He along with Ct. Joginder immediately reached at the spot i.e. Building no. 12A/107-D, Gali no. 10, Jamalu Ka Bagh, Main 66 Feet Road, Maujpur, Delhi where the police staff of PS Jafrabad was already present and the traffic was already cordoned of near the abovesaid building. He found that the upper most roof had fallen down. IO/Inspector Sudesh Ranga, SI Lalit Mohan and other police staff of PS Jafrabad were present State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 22 of 44 Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.15 16:42:52 +0530 there and started the rescue work. PW30 along with Ct. Joginder and SI Lalit went to GTB Hospital and CAT Ambulance carrying injured persons. In the hospital, 15 persons were found in injured condition and one Furkan was found to be brought dead, but his relatives took him to some other hospital in a Santro Car.
46. PW30 further deposed that one injured Navi Hussain did not receive any visible injury as per the examination of doctor. One Mohd. Yaseen was admitted at Trauma Centre, ISBT. PW30 correctly identified photographs Ex. P1 (Colly) as belonging to the abovesaid building.
STATEMENT OF ACCUSED u/s 351 BNSS
47. Statement of accused Mehrajuddin was recorded u/s 351 BNSS on 28.03.2026 and he denied the incriminating evidence put to him. He stated that those witnesses are interested, false and planted witnesses. It is a false case and he has been charge-sheeted in this case only on the basis of that he was the owner of the property although there was no overt act or negligence in any manner on his part and he was not responsible for the fall of the building. After the incident, being the owner of the building on humanitarian ground, he gave compensation to all the injured and family of the deceased, although he had no role in any manner in the collapse of the building. He is innocent person and praying for acquittal as he was falsely implicated in the present case.
State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 23 of 44 Digitally signed by KUMARKUMAR RAJAT RAJAT Date:
2026.04.15 16:42:58 +0530 APPRECIATION OF EVIDENCE, ANALYSIS OF WITNESSES AND FINDING ARGUMENTS OF LD. COUNSEL FOR ACCUSED
48. It is argued by Ld. counsel for accused that he has been falsely implicated by the police and he was the owner of the building, which got collapsed and there was no negligence on his part in the demolition or fall of building. He was not present at the spot when the building had fallen down or a day before when building was surrounded by the police including SHO and ACP, MCD officials, officials of DC Office and concerned SDM and it was the duty of the MCD to demolish the said building as per the prescribed procedure and there was no liability of accused to demolish the same. Accused had not instructed contractor Furkan or other labours to demolish the said building and all the labourers have not deposed against the accused and turned hostile. Accused was never served with any notice by the MCD for demolition of said property and witnesses of MCD have deposed that there was no new construction noticed by them.
PW1 stated deposed that it was the MCD officials, who insisted upon demolition of building by contractor Furkan with labour and it was only on the directions of MCD Officials, the building was started to be demolished by Furkan and not on the directions of accused Mehrajuddin, who was even not present on the spot and no notice u/s 343/344 DMC Act was issued to the accused for unauthorized construction. None of the public witnesses identified the accused. There was no mens rea on the part of accused. The prosecution failed to prove its case beyond State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 24 of 44 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.15 16:43:03 +0530 reasonable doubt against the accused. Ld. Counsel for accused filed the written arguments along with judgments.
1. Baldev Raj Kapur Vs. State, Crl. Rev. (P). 431/2005 and Crl. M A No. 5436/05 dated 06.02.2009.
2. Yuvraj Laxmilal Kanther & Anr. Vs. State of Maharashtra, 2025 INSC 338.
3. Gulijeet Singh Kochar & Anr. Vs. State, 121 (2005) DLT 516.
ARGUMENTS OF LD. ADDL. PP FOR THE STATE
49. Ld. Addl. PP for State has argued that prosecution has proved its case against the accused beyond reasonable doubt as accused was doing the unauthorized construction as earlier the building was made upto basement and ground floor and the structure of the building became weak due to unauthorized construction of some upper floors as he had not taken the permission from the MCD and all the public witnesses despite their hostility have categorically deposed that they received injury in the incident of fall of building and contractor Furkan succumbed to his injuries and died. MCD had given notice to him for pulling down the said unauthorized building. The accused was negligent in the construction of said building and he directed contractor Furkan and other labour to demolish the building despite the same being tilted and his presence at the spot was proved by PW1, PW25 IO and PW28. The accused knowingly failed to take precautionary and safety measures, which resulted in causing of injuries to the injured lobours, which could have caused their death and the same resulted in death of contractor Furkan. Death of Furkan is proved from his PMR and State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 25 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:43:08 +0530 IO and other witnesses have supported the case of prosecution.
50. I have heard the rival contentions and perused the records.
51. The prosecution has examined 30 witnesses to prove its case including complainant/victim.
52. The charge against accused persons is u/s 288/308/304 IPC.
Section 308 IPC. Attempt to commit culpable homicide-
"Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."
Section 288 IPC. Negligent conduct with respect to pulling down or repairing buildings-
"Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both".
The charge against the accused persons is u/s 304 IPC. Culpable homicide is explained in Section 299 IPC.
State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 26 of 44 Digitally signed by KUMARKUMAR RAJAT RAJAT Date:
2026.04.15 16:43:13 +0530 Section 299 IPC Culpable Homicide:
"Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide'.
53. The present case was registered after fall of building situated at Jamalu Ka Bagh, Gali No. 1, Maujpur, Delhi on 06.07.2013 at about 1.54 AM, which resulted in death of the contractor Furkan and injuries to the labours, who were demolishing the said building.
The following issues/facts needs to be decided to prove the charge against the accused i.e. Q.1 Whether accused was negligent in pulling down or repairing the building in question so as to cause danger to human life?
Q.2 Whether accused directed contractor Furkan or labour to pull down the tilted unauthorized building without proper precautionary and safety measures having knowledge that the labour could sustain the injuries or they might die, if the building had fallen?
Q.3 Whether due to the negligent act of accused in taking proper precautionary and safety measures in pulling down of said building, 15 labours sustained grievous/simple injuries and contractor Furkan died?
PUBLIC WITNESSES/INJURED
54. PW4 Nabi Hasan, PW5 Iqram, PW7 Iqbal, PW8 Ehsan, PW9 Nawab Ali, PW10 Akhtar and PW11 Shamshul State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 27 of 44 KUMAR Digitally signed by KUMAR RAJAT RAJAT Date: 2026.04.15 16:43:18 +0530 have deposed that in July, 2013, they were working as construction labour with contractor Furkan at a building Jamalu Ka Bagh, Gali No. 1, Maujpur, Delhi on behalf of Furkan and on the intervening night of 05/06.07.2013, the said building had collapsed and its owner was accused Mehrajuddin. PW Nabi Hasan and Iqram suffered minor injury. PW Ehsan and Nawab Ali received injuries on their head and other parts. PW Shamshul and Akhtar received injuries on their back and PW Iqbal received injury on his chest.
55. All these witnesses turned hostile and during cross- examination by Ld. APP they denied that the cracks appeared in the aforesaid building in the evening of 05.07.2013 and someone had called 100 number and police came there and vacated the said building or that on 06.07.2013, accused Mehrajuddin stated that they had to demolish the said building and they replied that if said building had cracks, which were dangerous, but accused stated that they had to work, if they wanted to get their dues or that Furkan was with them at the time of collapse of building. PW4 Nabi Hasan, PW5 Iqram, PW7 Iqbal, PW8 Ehsan, PW9 Nawab Ali, PW10 Akhtar and PW11 Shamshul stated these facts even though they were confronted with their respective statements u/s 161 Cr.P.C., Ex.PW4/A, Ex.PW5/A, Ex.PW7/A, Ex.PW8/A, Ex.PW9/A, Ex.PW10/A and Ex.PW11/A, by Ld. APP and did not support the case of prosecution.
56. PW12 Sonawar, PW13 Iliyas, PW14 Riyasat Hussain, PW15 Urman Ali, PW16 Aslam, PW17 Mohd. Yaseen, PW18 Abdul Hasan and PW19 Ahmad Sahid deposed that in July, 2013, State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 28 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:43:22 +0530 they were working as construction labour with contractor Furkan at a building Jamalu Ka Bagh, Gali No. 1, Maujpur, Delhi on behalf of Furkan and on the intervening night of 05/06.07.2013, the said building had collapsed. PW Sonawar and Iliyas received injuries on their back and finger respectively. PW Riyasat Hussain and Urman Ali received injuries on their head and hand respectively. PW Aslam and Yasin received injuries on their back/legs and right arm respectively. PW Abdul Hasan and Ahmad Sahid received injuries on their left hand and right arm respectively.
57. All these witnesses turned hostile and during cross- examination by Ld. APP, they admitted that contractor Furkan was with them at the time of collapse of building and he died in the said collapse, which is contrary to the testimonies of PW4 Nabi Hasan, PW5 Iqram, PW7 Iqbal, PW8 Ehsan, PW9 Nawab Ali, PW10 Akhtar and PW11 Shamshul, who deposed that contractor Furkan was not with them at the time of collapse.
58. PW 12, PW13, PW14, PW15, PW16, PW17, PW18 and PW19 denied that accused Mehrajuddin was the owner of the said building, which is contrary to testimonies of PW4, PW5, PW7, PW8, PW9, PW10 and PW11, who have stated so.
59. PW 12, PW13, PW14, PW15, PW16, PW17, PW18 and PW19 denied that the cracks appeared in the aforesaid building in the evening of 05.07.2013 and someone had called 100 number and police came there and vacated the said building or that accused Mehrajuddin stated that they had to demolish the said building and they replied that the said building had cracks, State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 29 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:43:28 +0530 which were dangerous, but accused stated that they had to work, if they wanted to get their dues. PW 12, PW13, PW14, PW15, PW16, PW17, PW18 and PW19 stated these facts even though they were confronted with their statements u/s 161 Cr.P.C., Ex.PW12/A, Ex.PW13/A, Ex.PW14/A, Ex.PW15/A, Ex.PW16/A, Ex.PW17/A, Ex.PW18/A and Ex.PW19/A by Ld. APP and did not support the case of prosecution.
60. PW4 Nabi Hasan, PW5 Iqram, PW7 Iqbal, PW8 Ehsan, PW9 Nawab Ali, PW10 Akhtar, PW11 Shamshul, PW12 Sonawar, PW13 Iliyas, PW14 Riyasat Hussain, PW15 Urman Ali, PW16 Aslam, PW17 Mohd. Yaseen, PW18 Abdul Hasan and PW19 Ahmad Sahid have not deposed at all that accused Mehrajuddin told them to demolish the said building on the intervening night of 05/06.07.2013. Rather, in their respective cross-examinations by accused, PW10 Akhtar, PW11 Shamshul, PW12 Sonawar, PW13 Iliyas, PW14 Riyast Hussain, PW15 Urman Ali, PW16 Aslam, PW17 Mohd. Yaseen, PW18 Abdul Hasan and PW19 Ahmad Shahid admitted that before the collapse of building several police and MCD officials were present at the spot and on their asking, Furkan told them to enter the building and demolish it.
61. Thus, from the testimonies of said public/injured witnesses, it is not proved that deceased Furkan or other labours, who suffered injuries entered the said building for pulling it down on the directions of accused Mehrajuddin, rather they had demolished it on the directions of police and MCD officials and as such it is difficult to hold accused liable for negligence in State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 30 of 44 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.15 pulling down of building in question and consequently causing death to contractor Furkan and injuries to labours i.e. abovesaid PWs.
OFFICIAL WITNESSES
62. PW2 Praveen Kumar, JE, EDMC, Shahdara, North Zone, Delhi deposed that in June, 2013, on the instructions of AE concerned, he visited property 12A/107B, Jamalu Ka Bagh, Main Road, Maujpur, Delhi in his jurisdiction and observed that it was built upto 3rd floor from basement and minor repairs like plaster etc. were going on, but there was no new construction and he did not prepare any written report. He did not know its owner. He gave his written reply to IO, Ex.PW2/A and that whenever they received any information about any unauthorized construction, they take action u/s 343/344 DMC Act, which is usually taken against new construction. There was no file pertaining to said property in their office.
63. PW3 Virender Dutt also corroborated the version of PW2 that there was no file pertaining to said property and proved his reply, Ex.PW3/A. From the testimonies of these witnesses, it is apparent that there was only minor repair work being carried out and no notice for unauthorized construction was issued by the MCD to accused Mehrajuddin.
64. PW20 Mohd. Iliyas, who was Executive Engineer in EDMC in July, 2013 deposed that he issued a notice u/s 348 DMC Act to its owner of said building Mehrajuddin, Ex.PW20/A and it was also pasted on said building, Ex.PW20/B bearing signature of accused Mehrajuddin. The said notice was issued State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 31 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:43:39 +0530 only on 05.07.2013 when the building was tilted and cordoned of by the police and MCD officials and no notice was issued prior to that and in the cross-examination of PW20, he admitted that it was received by someone else on behalf of accused Mehrajuddin and not the accused was directly served himself, which shows that Mehrajuddin may or may not be having knowledge of said notice and otherwise also, the said notice becomes irrelevant, being issued after the building was already taken over by police and MCD officials and no time is mentioned in the said notice.
65. PW21 is Tahsildar Shahdara, who deposed that he was not present at the spot at the time of collapse and visited the spot after incident and thus, his testimony is not relevant.
66. PW22 Satyabir Singh, Sanitary Inspector, MCD deposed that he visited said building on 05.07.2013 between 9-10 PM, when it was tilted towards one side. His testimony only proved that the building was tilted on 05.07.2013, which is not disputed.
MEDICAL EVIDENCE
67. The accused admitted the MLCs of injured Yaseen, Ex.PA1, Sanawar, Ex.PA9 and Iliyas, Ex.PA10, which were grievous in nature and that of Abdul Hasan, Ex.PA2, Nawab Ali, Ex.PA3, Aslam, Ex.PA4, Mohd. Akhtar, Ex.PA5, Mohd.
Samshul, Ex.PA6 Ahmad Sahid, Ex.PA7, Mohd. Samad, Ex.PA8, Riyasat Ali, Ex.PA11, Ehsan, Ex.PA12, Mohd. Iqbal, Ex.PA13, Mohd. Iqram, Ex.PA14 and Urmaan Ali, Ex.PA15. It proves that these persons suffered injuries in the collapse of building, but they have not uttered a single word against accused Mehrajuddin State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 32 of 44 Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.15 16:43:44 +0530 in their testimonies that they were working on his instructions or that accused forced them to pull down said building for wages and thus, this medical evidence does not prove the charge against the accused.
68. Accused also admitted the PMR of deceased Furkan, Ex.PA16 in which there are 22 ante-mortem injuries and cause of death is shock as a result of ante-mortem injury to cervical vertebral column produced by blunt force impact. The death of Furkan is not disputed, but it has come in the testimony of witnesses that it was the MCD and police officials, which forced Furkan and other labour/PWs to demolish the building and not accused Mehrajuddin and during demolition, building fell flat resulting into death of Furkan.
POLICE WITNESSES
69. PW1 SI Lalit Mohan Singh proved DD No. 30A, Ex.PW1/A in which it is recorded that said building was about to collapse, which is corroborated by PW23 SI Abhay Pal. PW1 reached the spot and saw that plaster was about to fall and there were some cracks and building was about to collapse and Tahsildar, Executive Engineer of MCD and SDM reached there and police stopped the traffic and asked MCD to take action as per law and they stated that they had already issued notice to demolish the said building on its own, else MCD would take action. The said notice was allegedly issued on 05.07.2013 itself and not prior to that, so it was the duty of MCD to take over the tilted building, which was about to collapse, in their possession and get it demolished as per the prescribed norms after taking State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 33 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:43:49 +0530 necessary precautions, rather MCD officials had directed the accused Mehrajuddin to demolish the building on its own, which shows the negligence on the part of police and MCD, rather than accused.
70. PW1 in his cross-examination admitted that MCD is the proper authority in Delhi to declare any building as illegal or unauthorized and whether it is to be demolished or not, but in this case, the relevant notice for declaring it illegal/unauthorized, was issued when all the authorities came at the spot after the building was tilted on 05.07.2013 i.e. a day prior to its collapse and PW2 and PW3 have categorically deposed that there was no file pertaining to unauthorized construction of said building in the office of MCD. PW1 further stated that ACP, DCP, MCD Staff, SDM, Tahsildar and other officials of DCP office also reached there and concerned ACP asked MCD and DC Staff to carry out the demolition as it required special technique/skill for demolition, but MCD official insisted upon demolition of same by contractor Furkan with his labour, which proves that accused Mehrajuddin had not directed Furkan and labour to demolish the building, rather MCD officials insisted them to do so.
71. PW1 in his examination in chief deposed that Mehrajuddin was present at spot, but in the cross-examination, he stated that he was not present, which are contrary versions. PW1 proved the Tahrir, Ex.PW1/C and his application for postmortem, Ex.PW1/D and that dead body of Furkan was identified by his brother Farhan and relative Mohd. Shakir, vide memo, Ex.PW1/F and Ex.PW1/G, but the same is not disputed.State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 34 of 44
Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.15 16:44:00 +0530
72. PW6 SI Pramod proved DD No. 4B dated 06.07.2013, Ex.PW6/A, his endorsement on rukka, Ex.PW6/B and registration of FIR, Ex.PW6/C and Ex.PW6/A is corrborated by PW30 regarding fall of building, but that is not disputed by accused and does not prove the offence against the accused.
73. Testimonies of PW24 ACP Anil Kumar, PW27 ACP Rajesh Sharma and PW29 ASI Praveen are irrelevant as they have not deposed anything against accused nor produced any document and PW29 produced the destruction of old record order, Ex.PW29/A.
74. PW30 reached the spot and saw that upper roof had fallen down and Inspector Sudesh Ranga, PW1 Lalit Mohan and other police of PS Jafrabad were present there and injured were shifted to GTB and one Furkan was dead and he identified the said building in the photographs, Ex.P1. He has not deposed against accused.
75. PW28 SI Rampal deposed that on 26.05.2013, he saw unauthorized construction at the said building, which was an old construction and only first floor was newly constructed and construction was going on at second floor and its owner was Merajuddin, who failed to produce any permission from MCD and he gave information to MCD telephonically and recorded the information vide DD no. 20B, Ex.PW28/A. Despite the intimation by PW28, no notice was given by MCD to the accused nor they declared the building unauthorized/illegal.
76. PW28 also deposed that SHO Sudesh Ranga objected accused Merajuddin as he was demolishing the building through State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 35 of 44 Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.15 16:44:06 +0530 labours and it was duty of MCD to demolish the building, but he started demolishing the same in the presence of MCD officials, but version of PW28 is contrary to the testimony of PW1, who stated that it was the MCD officials, who insisted upon demolition of said building by contractor Furkan with his labour.
77. In his cross-examination, PW28 admitted that he never visited the building after 26.05.2013 till its collapse and that it is the duty of MCD to visit, inspect and verify new construction or to take further action for unauthorized construction and he stated that accused Mehrajuddin was not present on 05.07.2013 at the abovesaid building and notice was given to his nephew Faisal, which shows that Mehrajuddin was not aware of the notice as it cannot be presumed that Faisal had told about the notice to Mehrajuddin and PW28 also admitted that it was a duty of MCD to demolish the building due to its knowledge and expertise and SHO, Jafrabad asked MCD officials to do the demolition, but MCD pressurized Furkan to demolish the same with his labours and thus, the version of PW28 is self-contradictory and from his testimony it becomes highly doubtful that accused Mehrajuddin asked Furkan and his labour to demolish the said building.
78. PW25 ACP Sudesh Ranga IO of this case deposed that he recorded the statements of all the injured persons and collected their MLCs, whose injuries were grievous and simple and got conducted post-mortem of Furkan, but all the injured had turned hostile and death of Furkan is not disputed and that during investigation, he came to know that there was no office record State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 36 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:44:13 +0530 pertaining to said building in the MCD record and nothing incriminating was found from the CDR of mobile of accused Mehrajuddin and accused was arrested formally vide arrest memo, Ex.PW25/R after his anticipatory bail and nothing incriminating was recovered from his personal search, Ex.PW25/S and he proved the site plan, Ex.PW25/A and identified the photographs of spot, Ex.P1, but the spot is not disputed.
79. In the cross-examination of PW25, he admitted that he interrogated accused vide memo, Ex.PW25/DX1 and he could not produce the documents and he stated that demolition was got started at the instance of Ex.En. and there was no CDR or location chart of Mehrajuddin on record, which makes it doubtful that he was on the spot or not. PW25 proved that all the injured received the compensation from the accused after making inquiry on the directions of Hon'ble High Court.
80. PW26 proved the notice u/s 91 Cr.P.C. to accused, Ex.PW26/A to provide the ownership documents and agreement with Furkan to pull down the building and permission from MCD for construction, but that notice was issued on 23.11.2020 i.e. after many years of incident and there can be no agreement between Furkan and accused for demolition of said building as prosecution witnesses have deposed that it was demolished by Furkan at the instance of MCD officials and there is no ownership paper of the said building in the name of accused, which belonged to his forefather and he replied the same vide Ex.PW26/B and the said property was being looked after his State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 37 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:44:19 +0530 nephew Faisal in 2020, but Faisal was not made a witness. PW26 deposed that Furkan started demolition of said building at the instance of accused, but he got associated with this case in 2020 and the incident was of 2013 and he was not present at the spot at the time of incident and version of PW26 is contrary to the versions of PW in this regard, PW4, PW5, PW7, PW8, PW9, PW10, PW11, PW12, PW13, PW14, PW15, PW16, PW17, PW18 and PW19, so his opinion is not based on complete facts and is controverted by the other prosecution witnesses and he admitted that he has not verified the signatures of accused on structure work, Ex.PW26/C from the expert.
CRIMINAL NEGLIGENCE
81. Meaning of 'negligence'. Though the term 'negligence' has not been defined in the Code, it may be stated that negligence is the omission to do some thing which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a reasonable and prudent man would not do."
Negligence is a fault to do something which sensible and responsible man commanded upon those discussions which would ordinarily influence handling of human affairs, would do.
Negligence has been understood to be an omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable person would not do." (Sushil Ansal Vs. State through CBI, 2014 (6) SCC 173).
State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 38 of 44 Digitally signed by KUMARKUMAR RAJAT RAJAT Date:
2026.04.15 16:44:25 +0530 Meaning of criminal negligence.- Criminal negligence means gross and culpable neglect, a failure to exercise that reasonable and proper care and precaution to guard an individual in particular against injury.
82. Rash and negligent act.- In the ancient decision of Empress V. Idu Beg [ILR 3 All 776] , the topic was dealt with in the following language: "Criminal rashness consists in hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause injury, but without intention to cause injury, or knowledge that it will probably cause.
The criminality lies in running the risk of doing such an act with recklessness or indifference as to the consequences. Criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper case and precaution to guard against injury, either to the public generally, or to an individual in particular, which, having regard to all the circumstances out of which the charge has arisen, it was imperative duty of accused person to have 'adopted'.
Negligence in common parlance means and implies "failure to exercise due care, expected of a reasonable and prudent person". It is a breach of duty and negligence in law ranging from inadvertence to shameful disregard of the safety of others. In most instances, it is caused by heedlessness or inadvertence, by which the negligent party is unaware of the results which follow from his act.
DEFENCE OF THE ACCUSED
83. The accused Mehrajuddin had taken defence that he was charge-sheeted only on the basis of being owner and no overt act or negligence was found on his part.
From the testimonies of prosecution witnesses, it is not proved beyond reasonable doubt that the said building was demolished by contractor Furkan and other labours on the directions of accused Mehrajuddin, rather at the instance of MCD State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 39 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:44:31 +0530 officials, they started demolishing the building, which fell down and accused Furkan died and other labour suffered injuries, but none of these injured witnesses have supported the case of prosecution nor levelled any allegations against accused Mehrajuddin. As regards the unauthorized construction of the building, no action was taken by MCD and no negligence was found on the part of accused in the demolition of said building as discussed in the preceding paras. Thus, the defence of accused that there was no overt act or negligence on his part in the fall of building appears to be plausible and probable.
84. In Baldev Raj Kapur (Supra), Hon'ble Delhi High Court held that:
"27. In the present case petitioner happened to be owner of the property, a layman and had not given any instructions to the labour and the masons who were working there. There is no prima facie evidence to indicate that the petitioner had been visiting the place often specially a day or two earlier to the date of the incident. It cannot be said that there was any direct nexus between the petitioner and the rash and negligent act killing six workers and injuring eight workers due to collapse of the building. Therefore, under the circumstances of the case even the ingredients incorporated in Section 304A IPC are not made out against the petitioner."
85. In Gulijeet Singh Kochar (Supra), Hon'ble Delhi High Court set aside the impugned order of summoning the petitioner and held "7. That petitioners were the owners of house in question where the basement was being constructed, but there is no material to suggest that the construction of the basement was being done under their direct supervision...."
State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 40 of 44 Digitally signedKUMAR by KUMAR RAJAT RAJAT 16:44:35 Date: 2026.04.15 +0530
86. In Kailash Gour and Ors. Vs. State of Assam reported in MANU/SC/1505/2011, (2012) 2 SCC 34, Apex Court has observed that an accused is presumed to be innocent till he is proved guilty beyond a reasonable doubt is a principle that cannot be sacrificed on the altar or inefficiency, inadequacy or inept handling of the investigation by the police. The benefit arising from any such faulty investigation ought to go to the accused and not to the prosecution.
87. In Subramanya Vs. State of Karnataka, dt. 13.10.2022, in Crl. Appeal No. 242/2022, Hon'ble Supreme Court of India has held that it is settled principle of law that when two views are possible from the prosecution evidence, the one which is favourable to the accused shall have to be taken and the benefit of doubt shall have to be given to the accused.
88. The Hon'ble Supreme Court has time and again held that onus and duty to prove the case against the accused is upon the prosecution and prosecution must establish the charge beyond reasonable doubt. It is also a cardinal principle of criminal jurisprudence that if there is a reasonable doubt with regard to the accused, the accused is entitled to benefit of doubt resulting in acquittal of the accused. Reference may be made to the Judgments titled as 'Nallapati Sivaiah Vs. Sub Divisional Officer, Guntur', reported as VIII (2007) SLT 454 (SC) in this respect. Reference may also be made to the Judgment titled as 'Raj Kumar Singh @ Raju @ Batya Vs. State of Rajasthan', reported as (2013) 5 SCC 722.
89. Thus, from the evidence surfaced on record during trial, it could not be proved that it was the accused Mehrajuddin, who directed Furkan and his labour to pull down the said State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 41 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:44:41 +0530 building and was negligent in not taking proper safety and precautionary measures on 05.07.2013 or 06.07.2013 and it has come on record that the building was being pull down on the instructions of MCD officials by the contractor and labour, who died and sustained injuries respectively and thus, all the questions framed for adjudication of charge are hereby answered in negative and not against the accused Mehrajuddin. The aforesaid judgments of Gulijeet Singh Kochar and Baldev Raj Kapur (Supra) also supplement the defence of the accused that he was not negligent in pulling down of said building and not liable for death of contractor Furkan and injuries to other labour and is entitled for benefit of doubt.
CONCLUSION
90. In the totality of the circumstances brought on record by way of evidence, it is observed that the prosecution has failed to prove its case beyond reasonable doubt against the accused Mehrajuddin qua offences punishable u/s 288/308/304 IPC.
91. Consequently, the accused Mehrajuddin is acquitted of the charges u/s 288/308/304 IPC.
The charts as per the judgment of Manojbhai Jethabhai Parmar Vs. State of Gujarat, (CA No. 2973/2023) of Hon'ble Supreme Court are annexed herewith.
File be consigned to Record Room after necessary compliance. Digitally signed KUMAR by KUMAR RAJAT PRONOUNCED IN OPEN COURT RAJAT Date: 2026.04.15 16:44:48 +0530 ON THIS 15th DAY OF APRIL, 2026 (KUMAR RAJAT) ASJ-07/SHD/KKD Court/Delhi 15.04.2026 State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 42 of 44 Specimen Chart for Witnesses Examined. Prosecution Name of Witness Description Witnesses No.
1. PW4, PW5, Nabi Hasan, Iqram, Iqbal, Injured/Eye Witnesses PW7, PW8, Ehsan, Nawab Ali, Akhtar, PW9, PW10, Shamshul, Sonawar, Iliyas, PW11, PW12, PW13, PW14, Riyasat Hussain, Urman PW15, PW16, Ali, Aslam, Mohd. Yaseen, PW17, PW18 Abdul Hasan and Ahmad and PW19 Sahid
2. NA Witness of last seen circumstances.
3. All MLCs (nature of Medical Jurists injuries)/PMR admitted by accused.
4. PW25 ACP Sudesh Ranga Investigating Officer
5. PW1 SI Lalit Mohan Complainant/First Informant Specimen Chart for Exhibited Documents. Exhibit Description of the Exhibit Proved by/Attested by No.
1. Inquest PW1 Panchnama/Memo, Ex.PW1/E
2. NA NA
3. Arrest Memo of accused: PW25 Mehrajuddin, Ex.PW25/R.
4. Post-mortem Report, Ex.PA16 Admitted by accused.
5. FSL Report NA State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 43 of 44 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.15 16:44:54 +0530 Specimen Chart for Material Objects/Muddamals. Material Description of the Exhibit Proved by/Attested by Object No.
1. Weapon of offence. NA
2. Clothing accused/victim NA
3. Mobile Phone/Electronic Object NA
4. Vehicle NA
5. Purse/earrings/identity card NA State Vs. Mehrajuddin FIR No. 211/2013 PS Jafrabad Page 44 of 44 KUMAR Digitally signed by KUMAR RAJAT RAJAT Date: 2026.04.15 16:44:58 +0530