Delhi District Court
State vs Harish on 28 April, 2018
THE COURT OF SH DHARMENDER SINGH, METROPOLITAN MAGISTRATE-05,
NEW DELHI DISTRICT, PATIALA HOUSE COURT, NEW DELHI
STATE Versus Harish
FIR No. 365/09
PS: Sarojini Nagar
U/s 186/332/353/451 IPC
CC No. 51154/16
1. Date of commission of offence : 29.09.2008
2. Name of the complainant : Dr. Balmiki Parsad
3. Name of the accused, and his : 1) Harish
parentage & residence S/o Sh. Late Sh. Budhi
Parkash, resident of
H.No. 56, Type 1st Staff
Quarter Raj Nagar,
Safdarjung Enclave,
New Delhi.
4. Offence Complained of : U/s 186/332/353/451 IPC
5. Plea of accused : Pleaded not guilty.
6. Final Order : Acquitted
7. Date of Reserving Judgment : 17.04.2018
8. Date when judgment was : 28.04.2018
pronounced
FIR no. 365/09
State Vs. Harish.
PS Sarojini Nagar
Page 1 of 9
JUDGMENT
1. As per case of prosecution on 29.09.2008 complainant Dr. Balmiki Prasad was posted as Deputy Director (Administration) in Safdarjung Hospital and on said day at about 03:30 pm accused Harish Kumar trespassed into his office / chamber and abused him. He beaten the complainant and obstructed him in discharging of his duties as public servant.
2. Qua said incident, FIR was lodged and matter was investigated by police. After investigation, charge-sheet was filed in Court. On the basis of charge sheet and annexed documents cognizance of offences was taken and accused was called to face trial and on appearance of accused, provisions of Section 207 Cr.P.C were complied.
3. After hearing the parties, charge in respect of offences under Section 186/332/353/451 IPC was framed and served upon accused. Accused pleaded not guilty and claimed trial.
4. During course of trial, in order to prove its case prosecution examined nine witnesses.
PW-1 / Complainant Dr. Balmiki Prasad. He deposed that on 29.09.2008, he was posted as Deputy Director (Administration) in Safdarjung Hospital and was working in his office and at about 03:30 FIR no. 365/09 State Vs. Harish.
PS Sarojini Nagar Page 2 of 9 pm, accused Harish forcefully entered into his office / chamber and started abusing him / slapped him and gave fists blows on him. He deposed that in the meanwhile his staff namely Sh. Satish Kumar, Sh. P. Nova and Sh. Satrughan Singh came and rescued him from accused Harish. He deposed that Smt. Prem Chhabra and Dr. Sudhir Chandra also came there. After that this witness gave written complaint i.e. Mark-A to Medical Superintendent. After that, Dr. K. T. Bhowmik, Additional Medical Superintendent wrote a letter to SHO to register a case against accused. Copy of the same is Mark-Y. He deposed that his department received letter from Additional DCP (South) in which he mentioned that case is not cognizable in nature and police refused to register the case. He deposed that after that his department wrote many correspondence letters to Commissioner of Police and FIR was registered after intervention of Commissioner of Police. His complaint is Ex.PW1/A. This witness correctly identified the accused in Court.
In cross examination by Ld. Defence Counsel, he deposed that he was not handling the matters of transfers and appointment. He deposed that he had never seen and met accused before the date of incident and at the time of incident he was not aware about his name, and his name was told by his office staff. He deposed that no issue regarding the transfer of accused was pending before him. He deposed that he does not know that from which department the FIR no. 365/09 State Vs. Harish.
PS Sarojini Nagar Page 3 of 9 accused was transferred. He deposed that he did not have power to cancel or alter the transfer orders. He deposed that accused straight away forcibly entered in his room and caught hold of his collar and hit him by giving fist blows and slaps on his face. He deposed that he had told to police that accused assaulted and abused him because of his transfer. He deposed that he is not aware about that incident wherein Medical Superintendent lodged FIR against accused under Section 307 IPC and in said case Ld. ASJ has acquitted him. He denied the suggestions that complaint has been manipulated to falsely implicate the accused in present case.
PW-2 Smt. Prem Chhabra. She deposed that on the date of incident she was present in her office. She deposed that she was not witness of quarrel between accused and Deputy Director (Administration). This witness was not cross-examined by Ld. Defence Counsel.
PW-3 Dr. Sudhir Chandra. He deposed that in September, 2008, he was working as Additional Superintendent in Safdarjung Hospital and at about 03:30 pm, he heard hue and cry and on enquiry, he came to know that there was quarrel between Deputy DA Dr. Balimiki Prasad and Harish. After that, he went with his staff to the chamber of Dr. Balmiki Prasad and at that time accused Harish was present in the FIR no. 365/09 State Vs. Harish.
PS Sarojini Nagar Page 4 of 9 corridor. He deposed that Dr. Balmiki Prasad told him that he was assaulted by accused Harish. This witness also was not cross- examined on behalf of accused.
PW-4 Sh. Satrughan Singh. He deposed that he was posted as Nursing Attendant in Safdarjung Hospital. On the day in question, he had taken the Dak and gone away. He deposed that he does not have anything else to say further. This witness was cross examined by Ld. APP for the State under Section 154 Indian Evidence Act after taking permission of the Court as as per Ld. APP for the State, this witness was resiling from his earlier statement. In cross-examination by Ld. APP, he denied the suggestion that on 29.09.2008, at about 03:30 pm, accused Harish forcibly entered into the office of Dr. Balmiki Prasad and misbehaved with him. He denied that he made the statement Ex.PW-4/PX-1. He was not cross examined by Ld. Defence Counsel.
PW-5 Sh. P. Nova. He deposed that he was working in the office of Deputy DA. He deposed that Madam Chhabra told him that one person forcibly entered into the office of Deputy DA. After that, this witness called the Security Guard.
This witness was cross examined by Ld. APP for the State under Section 154 Indian Evidence Act after taking permission of the Court as FIR no. 365/09 State Vs. Harish.
PS Sarojini Nagar Page 5 of 9 as per Ld. APP for the State, this witness was resiling from his earlier statement. In cross examination by Ld. APP, he denied the suggestion that on 29.09.2008, at about 03:30 p.m, accused Harish forcibly entered into the office of Dr. Balmiki Prasad and misbehaved with him. This witness also denied that he made the statement Ex.PW-5/PX-1. This witness was not cross-examined on behalf of accused.
PW-6 Sh. Satish Kumar. He deposed that he is working as LDC in Safdurjung Hospital. He deposed that he did not see the event as at the time of incident, he was not available in the department. This witness was also cross examined by Ld. APP for the State under Section 154 Indian Evidence Act after taking permission of the Court as as per Ld. APP for the State, this witness was resiling from his earlier statement. In said cross-examination, he denied the suggestion that he gave the statement Mark-X. He denied the suggestion that he told the police that on 29.09.2008, at about 03:30 pm, accused Harish forcibly entered into the chamber / room of Dr. Balmiki Prasad and abused and beaten him. This witness also was not cross-examined on behalf of accused.
PW-7 Sh. ASI Om Prakash. He deposed that on 21.12.2009, he was posted as Head Constable in PS Sarojini Nagar and on that day at about 05:30 p.m accused Harish came at Police Station alongwith FIR no. 365/09 State Vs. Harish.
PS Sarojini Nagar Page 6 of 9 Anticipatory bail order. This witness interrogated him and formally arrested him, vide arrest memo Ex.PW7/A and released him on bail. He deposed that he recorded the statement of witnesses and taken complaint under Section 195 Cr.PC from Medical Superintendent and prepared the challan. This witness correctly identified the accused in Court. This witness also was not cross-examined by Ld. Defence Counsel.
PW-8 Ct. Phool Kumar. He deposed that accused was formally arrested by HC Om Prakash in his presence vide arrest memo Ex.PW7/A bearing the signatures of this witness at point 'H'. This witness also was not cross-examined by Ld. Defence Counsel.
PW-9 Insp. Ajay Kumar Singh. He deposed that on 20.08.2009, he was posted as Sub-Inspector in PS Sarojini Nagar and complaint of Dr. Balmiki Prasad was handed over to him for registration of case and he endorsed the complaint and same was handed over to Duty Officer for registration of case. Endorsement on the complaint is Ex.PW9/A bearing signatures of this witness at point 'A'. He deposed that in September, 2009, he was promoted and he handed over the file to MHC (R), PS Sarojini Nagar. This witness also was not cross-examined by Ld. Defence Counsel.
FIR no. 365/09PS Sarojini Nagar Page 7 of 9
5. No other witness was examined on behalf of prosecution.
6. After PE, statement of accused u/s 313 read with Section 281 Cr.PC was recorded. In said statement accused took the plea that he has been falsely implicated in this matter and he is innocent. He stated that he was the active member of the Union and due to strike, Management of Hospital started victimizing all the active Members of Union and because of said reason, false case was registered against him.
7. After that final arguments were heard and trial was concluded.
8. In this matter prosecution was required to prove beyond reasonable doubt that accused obstructed the complainant (Public Servant) in discharging of his duties and used criminal force against him and beaten him after trespassing in his office. However, in view of this Court prosecution has failed to prove its case against accused beyond reasonable doubt. PW-4, PW-5 and PW-6 have been cited as eye-witnesses of the incident, however, they have not supported the prosecution case. They have denied their alleged statement recorded under Section 161 Cr.PC. PW-4, PW-5 and PW-6 have denied the suggestions that on 29.09.2008 at about 03:30 p.m. accused forcibly entered into the office of complainant and misbehaved and beaten him.
FIR no. 365/09PS Sarojini Nagar Page 8 of 9
9. This Court is of the further view that in his complaint Ex.PW1/A, complainant has stated that he was beaten because accused was of the view that complainant has got him transferred, however, in his deposition before Court complainant as PW-1 has stated that no issue regarding transfer of accused was pending before him. He stated that he did not have any power to cancel or alter the transfer orders. In view of the said deposition, it is clear that the reasons stated in the complaint Ex.PW1/A does not appear genuine. Qua allegations of beating, the MLC of complainant has not been proved. In view of above circumstances, prosecution has failed to prove its case against accused.
Accordingly, accused Harish is acquitted. His bail bond and surety bond are cancelled. Surety is discharged.
In terms of directions given as per law, accused is required to furnish bail bond & surety bond in terms of Section 437 A Cr.PC.
File be consigned to record room after due compliance.
ANNOUNCED IN THE OPEN (DHARMENDER SINGH)
COURT ON 28.04.2018 METROPOLITAN MAGISTRATE-05
PHC/NDD, DELHI
FIR no. 365/09
State Vs. Harish.
PS Sarojini Nagar
Page 9 of 9