Delhi District Court
State vs Anil @ Khajji on 17 May, 2025
IN THE COURT OF SH. KARANBIR SINGH, JMFC-02,
CENTRAL DISTRICT, TIS HAZARI COURT, DELHI
STATE VS. Anil Khajji
FIR NO. 918/2015
U/S 459/380 IPC
POLICE STATION TIMAR PUR
Date of institution of the case : 10.02.2016.
Date of judgment reserved : 07.05.2025.
CNR : DLCT0200373302016
Cr. Case No. : 293546/2016
Date of commission of offence : 29.11.2015.
Name of the complainant : Rajinder Kumar
Name of accused and address : Anil Khajji S/o Sh. Ram Swaroop R/o
N-62/59, Patra Char Jhuggi, Timar Pur,
Delhi.
Offence complained of : Section 459/380 IPC.
Plea of the accused : Pleaded not guilty
Date of Judgment : 17.05.2025.
Final order : Acquitted.
JUDGMENT
CASE OF THE PROSECUTION :
1. The prosecution story in nutshell is that on 29.11.2015, at 06:00 a.m. at the shop of complainant i.e. Shiv Shankar Band Near Mother Dairy, Fateh Singh KARANBIR SINGH STATE VS. Anil Khajji FIR NO. 918/2015 PS TIMAR PUR PAGE NO. 1 / 7 Digitally signed by KARANBIR SINGH Date: 2025.05.17 17:24:10 +0530 Chowk, he committed house breaking in the shop of complainant Rajender Kumar and committed theft of one aluminum, music instrument belonging to complainant.
COURT PROCEEDINGS :
2. Investigation was completed and police report u/s 173 Cr.P.C was filed for the commission of offences punishable under Sections 459/380 IPC. Cognizance was taken and accused was summoned. Provisions of Section 207 Cr.P.C. were complied with after appearance of the accused. The matter was committed to the Ld. Court of Session of 29.02.2016 and vide order dt. 29.03.2016, Ld. Sessions Court was of the view that offence u/s 459 IPC is not made out and the matter was sent back.
Charge :
3. After hearing arguments on charge, charge for the offence under Section 459/380 IPC was served upon the accused to which he pleaded not guilty and claimed trial. However, vide order dt. 15.05.2025, the charge was altered to Section 380 IPC.
EVIDENCE OF THE PROSECUTION :
4. In order to substantiate its case, the prosecution has examined nine witnesses.
5. PW-1: ASI Gokul, has deposed that on 28.11.2015, he was posted as IC Sugar- 13 PCR van, North Zone. On that day, his duty hours were 5AM-8PM. On 29.11.2015, at about 7AM, control room conveyed the information regarding theft that took place at Patra char, jhuggi no. 65/45 and the thief was apprehended at the spot. Thereafter, he received another call regarding 'ladke ne chaku maar diya'.
Thereafter, he along with police staff went to the spot where public were gathered. The two boys namely Anil @ Khajji and Rajender @ Rajan were found in injured condition. Rajender @ Rajan handed over to him one kitchen knife and disclosed that KARANBIR SINGH STATE VS. Anil Khajji FIR NO. 918/2015 PS TIMAR PUR PAGE NO. 2 / 7 Digitally signed by KARANBIR SINGH Date: 2025.05.17 17:24:16 +0530 accused Anil @ Khajji inflicted injuries with the above said knife on him and his father Shiv Pal. He took the custody of the said knife. IO removed the injured person Rajender @ Rajan and accused Anil @ Khaiji to the AAAG hospital for first-aid in PCR van. Injured Shiv Pal went to the hospital on scooter. Thereafter, both the injured persons namely Rajender @ Rajan and Shiv Pal and accused Anil @ Khajji were admitted into the hospital and their MLC was prepared. In the meantime, IO reached at the hospital and he handed over the knife to him in the presence of the injured persons. IO prepared sketch memo which is Ex. PW1/A bearing his signature at point A. The said knife was covered in newspaper and pullinda was prepared with white cloth and sealed with the seal of 'OPT', IO seized the same vide seizure memo which is Ex. PW1/B bearing his signature at point A. After using the seal, he handed it over to Rajender. IO recorded his statement and relieved him from the investigation.
PW-2: PW2 is Suman who deposed on the same lines as PW3.
PW-3: Smt. Billa Devi has deposed that she does not remember the exact date and time when the incident occurred. Police official did not make inquiries with her. She does not remember anything regarding the incident. She does not want to say anything. She was cross-examined by Ld. APP and she failed to identify the accused.
PW-4: HC Ashwani, has deposed that he has been posted as MHC(M) PS Timar Pur since 02.07.2022. He brought the summoned record i.e. Register No.19 for the year 2015 in which ASI Om Prakash deposited the case property i.e. seizure memo of vegetable knife, seizure memo of blue colour track suit, seizure memo of broken aluminum band, seizure memo of gatta box and small bottle of blood of accused Anil Khajji along with sample seal in the present FIR on 29.11.2015 vide entry no.3067. He also brought the photocopy of the said entry and the same was taken on record and is Ex.PW4/A (Colly 1-4) (OSR).
PW-5: Sh. Shiv Pal has deposed that on 29.11.2015 he was running a shop in KARANBIRSTATE VS. Anil Khajji FIR NO. 918/2015 PS TIMAR PUR PAGE NO. 3 / 7 SINGH Digitally signed by KARANBIR SINGH Date: 2025.05.17 17:24:20 +0530 the name of Shiv Shankar Band, near Mother Dairy, Timar Pur. He alongwith his son used to look after the work of the said shop. On that day they woke up at about 6 am after hearing the noise of falling down the baaja and went to 1st floor of our jhuggi. He saw that our neighbour accused Anil @ Khajji had stolen the aluminum baaja and he was holding the same when he tried to flee away. Shiv Pal apprehended him and made noise. Thereafter, his wife and his son came there. His son made a call to police. Accused Anil Khajji took out the vegetable knife from his back pocket and caused the injuries to his son at his nose and when he tried to save him, he also caused injuries on his left hand little finger. When accused Anil @ Khajji tried to stab his son in abdomen, his son jumped and the said knife after cutting the lower of track suit of his son, injured him on his left leg. When accused tried to flee away, he fell down from wooden stairs as his leg slipped and he got injured. Thereafter, PCR came at the spot and took the accused, his son and himself to the hospital. Police seized the knife at the hospital vide memo already Ex.PW1/B bearing his signatures at point B. PW-6: Sh. Rajender has deposed that on 29.11.2015, his father was running a shop in the name of Shiv Shankar Band, near Mother Dairy, Timar Pur. he along with his father used to look after the work of the said shop. On that day they woke up at about 6 am after hearing the noise and went to 1" floor of our jhuggi. He saw that his father was shouting "chor chor" but no one was present there. Thereafter, he made a call at 100 number.
PW-7 HC Arvind has deposed that on 29.11.2015 he was posted as Constable at PS Timar Pur. After receiving the PCR call, he along with the IO went to the spot ie. Patrachar Jhuggi No.62/45, Timar Por, Delhi At about 07:15 a.m. they reached there and on inquiry found that the thief Anil Khaiji, complainant Rajinder @ Rajan and his father Shri Lal has been shifted to the hospital in the PCR van. He deposed that the Khajji was apprehended at the spot at time of committing the theft of band at the house of Rajinder @ Rajan and Khajji used the vegetable knife to save himself KARANBIRSTATE VS. Anil Khajji FIR NO. 918/2015 PS TIMAR PUR PAGE NO. 4 / 7 SINGH Digitally signed by KARANBIR SINGH Date: 2025.05.17 17:24:24 +0530 and to flee away from the spot and attacked the complainant and his father with the said knife. IO left him at the spot to preserve the same and himself went to the hospital. At about 09:15 am, IO along with Rajinder and his father came to the spot. IO recorded the statement of Rajinder and prepared a tehrir and handed over the same to him for the registration of FIR. He left the spot and went to the PS and got the FIR registered. He along with the copy of FIR and original tehrir returned to the spot and handed over the same to the IO. IO seized the tracksuit lower (blue colour) of the Rajinder after sealing the same with the seal of OP vide seizure memo already exhibited as Ex.PW5/A bearing his signature at point C. IO also seized the alphoniam band broken in three parts vide the seizure memo already Ex.PW5/B bearing his signature at point C. PW-8: HC Sunny has deposed that on 02.12.2015, he was posted as constable at PS Timar Pur and he joined the investigation on that day in the present case. At about 7:30PM, accused came to the PS and surrendered. He disclosed that he had to take some money from Rajinder and that is why he went to his house and when he was trying to leave the house after committing theft of band, the band slipped out of his hand and due to the noise of the same, father of Rajan came upstairs and they got into a scuffle. In his defence, accused took out a button knife and stabbed father of Rajan. Thereafter, Rajan also came upstairs and accused stabbed him as well.
PW-9: Retd. SI Om Prakash has deposed that on 29.11.2015, he was posted as ASI at PS Timar Pur. On that day, after receiving the DD No. 8-A and 9-A, IO along with the Ct. Arvind went to the spot ie. Patrachar Jhuggi No.62/45, Timar Pur, Delhi. On enquiry, it was found that three injured i.e., the thief Anil @ Khajiji, complainant Rajinder @ Rajan and his father Shiv Pal had been shifted to the hospital in the PCR van. He left Ct. Arvind at the spot to preserve the same and went to the AAAG hospital. He collected the three MLCs of above said persons. Accused Anil @ Khajji was referred to LNJP Hospital: IO recorded the statements of Rajender and Shiv Pal.
KARANBIR SINGH STATE VS. Anil Khajji FIR NO. 918/2015 PS TIMAR PUR PAGE NO. 5 / 7 Digitally signed by KARANBIR SINGH Date: 2025.05.17 17:24:27 +0530 The statement of Rajender is already Ex. PW6/A bearing his signature at point C. He deposed on the similar lines as PW1, PW7 and PW8.
ADMISSION / DENIAL OF DOCUMENTS :
6. Accused, in his statement under Section 294 Cr.P.C. did not dispute the genuineness and correctness of FIR No. 918/2025, Endorsement on Rukka from point A to A1, DD No. 8A, DD No. 9A, MLC No. 4942/2015, MLC NO. 4940/2015 and X-Ray slip due to the aforesaid admission and denial, Dr. Prashant Kumar, Dr. Jitender, dealing clerk of AAA Hospital and HC Rishikesh was dropped from the list of witnesses.
STATEMENT / DEFENCE OF THE ACCUSED :
7. In his statement under Section 313 Cr.P.C., he denied each and every incriminating substance and submitted that the complainant has got instituted false FIR against him for bribing the IO. He submitted that the complainant and his family created a ruckus and noise in the locality by playing their instruments. He objected to the same and they also had a fight, the said fight, the father of complainant hit him with an iron rod. He was also admitted in the Safdarganj Hospital for 10 days. He submitted that the complainant has bribed the IO and got instituted a false FIR against him.
8. The respective submissions of Sh. Deepak, learned Assistant Public Prosecutor for the State and Sh. Rajiv Tomar, Ld. LAC have been heard. Record perused.
9. It is argued by the Ld. APP for the State that State has proved its case beyond reasonable doubt. Accident and death of the deceased and injury to victim KARANBIR SINGH STATE VS. Anil Khajji FIR NO. 918/2015 PS TIMAR PUR PAGE NO. 6 / 7 Digitally signed by KARANBIR SINGH Date: 2025.05.17 17:24:32 +0530 was caused due to the rash and negligent act of the accused. On the other hand, as per written submissions filed on behalf of accused there are contradictions in the testimony of prosecution witnesses. It has also been submitted that no public witness has been joined at anytime during investigation. The accused is innocent and has been falsely implicated in this case.
ANALYSIS AND FINDINGS :
10. Star witnesses of prosecution i.e. PW2, PW3 and PW6 have not supported the case of prosecution. They have also not identified the accused in the court. As per the charge framed against the accused, the allegation against him is that he committed theft of aluminum musical instrument, however, during the testimony of PW9, in the cross-examination he deposed that it was PW Rajender who handed over to him to the aluminum musical instrument. Further, when the aforesaid musical instrument was produced in the court, the same was in an unsealed condition. Thus, the mere fact that the case property which is alleged to be stolen was in an unsealed condition raises a doubt as to whether the said musical instrument was stolen by him or was handed over by PW Rajender. In fact, PW Rajender has not supported the case of prosecution and has turned hostile. Thus, it raises a doubt as to whether the offence was committed by the accused or not. Thus, the court is of the view that the accused is entitled to acquittal since the case property is in unsealed condition. The prosecution has failed to prove its case beyond reasonable doubt. Accordingly, the accused stands acquitted of offence u/s 380 IPC. This judgment consists of 7 pages and each and every page of this judgment is digitally signed by me.Digitally signed by
KARANBIR KARANBIR SINGH SINGH Date: 2025.05.17 17:24:37 +0530 ANNOUNCED IN THE OPEN (Karanbir Singh) COURT ON 17th DAY OF May, 2025. JMFC-02, Central District Tis Hazari Courts/17.05.2025.
STATE VS. Anil Khajji FIR NO. 918/2015 PS TIMAR PUR PAGE NO. 7 / 7