Delhi District Court
Sc No.01/10 (State vs . Satish Kumar & Ors.) on 18 March, 2011
SC No.01/10 (State Vs. Satish Kumar & Ors.)
IN THE COURT OF SH. DINESH KUMAR SHARMA
ADDL. SESSIONS JUDGE 02 (SOUTH) :
SAKET COURTS, NEW DELHI
SC No.01/10
Unique Case ID No. 02403R0429902009
State Vs. 1. Satish
S/o Sh. Rolu Ram
R/o 120, Vasant Gaon
Vasant Vihar, New Delhi.
2. Sanjay Kumar
S/o Sh. Bhima Ram
R/o 120, Vasant Gaon
Vasant Vihar, New Delhi.
3. Raj Kumar @ Raju
S/o Lt. Sh. Hari Mal
R/o 69, Vasant Gaon
Vasant Vihar, New Delhi.
FIR No. : 213/08
u/Ss : 307/34 IPC
PS : Vasant Vihar
Date of Committal : 04.01.2010
Arguments Concluded on : 18.03.2011
Date of Decision : 18.03.2011
SC No.01/10 (State Vs. Satish Kumar & Ors.) Page 1 of 4
SC No.01/10 (State Vs. Satish Kumar & Ors.)
JUDGMENT.
1.0 Briefly stated, the prosecution case is that on 24.08.08, vide DD No.4A a WT message was received regarding stabbing of a person, on receipt of which ASI Bansi Ram along with Ct. Hazari Lal reached at the spot at Prajapati Chaupal where he came to know that incident had taken place in H.No.120. Ct. Hazari Lal went to the spot at H.No.120, First Floor and found that room was full of blood and one broken liquor bottle was lying on the floor. No eye witness was found on the spot. Thereafter, Ct. Hazari Lal reached Safdarjung Hospital where one Madan S/o Shyam Singh was found admitted vide MLC No.168691/08. Patient was declared unfit for the statement. Ct. Hazari collected the MLC of injured and got registered a case u/S.307 IPC. ASI Bansi Ram prepared memos recorded statement of witnesses and arrested the accused persons. After complete investigation of the case, charge sheet was filed against the accused in the court.
2.0 Being a prima facie case, charge u/Ss.307/34 IPC was framed against the accused persons to which they pleaded not guilty and claimed trial.
3.0 Today, the case was fixed for evidence of the complainant / SC No.01/10 (State Vs. Satish Kumar & Ors.) Page 2 of 4 SC No.01/10 (State Vs. Satish Kumar & Ors.) injured and eye witness Raju. However, reports have been received that complainant / injured has died. Summons were also issued to the alleged eye witness Raju. But unfortunately, PW Raju has also expired on 05.02.2011. His death certificate has also been placed on the record. 3.1 The complainant / injured as well as alleged eye witness, both have expired, I consider that it is very unfortunate case and there would be no purpose to continue further with the prosecution evidence. I consider that recording of other witnesses would also be an exercise in futile. Hence, PE is closed.
4.0 Since, the material witnesses of this case i.e. complainant as well as alleged eye witness, have expired. For want of any incriminating evidence against the accused persons, their statement u/S 313 Cr.PC is dispensed with.
5.0 Since, no evidence has come on record against the accused persons, there is no other alternative but to acquit the accused persons. Hence, all the accused persons are acquitted of charge u/Ss.307/34 IPC in case FIR No.213/08 PS Vasant Vihar.
SC No.01/10 (State Vs. Satish Kumar & Ors.) Page 3 of 4
SC No.01/10 (State Vs. Satish Kumar & Ors.) 5.1 Accused persons on bail are present. Their bail bonds / surety bonds are discharged. Original documents of the sureties be released against proper acknowledgment.
6.0 File be consigned to Record Room.
Announced in the Open Court (Dinesh Kumar Sharma) Today on 18.03.2011 ASJ02 (South) / Saket Court New Delhi SC No.01/10 (State Vs. Satish Kumar & Ors.) Page 4 of 4