Delhi District Court
State vs . 1. Jagdish S/O Sh. Hira Lal, on 21 January, 2012
IN THE COURT OF SH. RAKESH KUMAR
ADDL. SESSIONS JUDGE-02 (NORTH EAST)
KARKARDOOMA COURTS : DELHI
SC No.65/11
FIR No.192/11
PS : New Usman Pur
U/s 323/308/341/34 IPC
State Vs. 1. Jagdish S/o Sh. Hira Lal,
R/o H. No.U-99, Gali No.4,
Arvind Mohalla, Ghonda, Delhi.
2. Hira Lal S/o Sh. Ram Chander,
R/o U-99, Gali No.4,
Arvind Mohalla, Ghonda, Delhi.
Case assigned to Sessions on : 03.10.2011.
Arguments concluded on : 21.01.2012.
Date of pronouncement of judgment : 21.01.2012.
:JUDGMENT:
1. The above named accused persons were charge sheeted by SHO PS New Usmanpur and have faced trial for having committed the offences punishable under Sec.323/308/ 341/34 IPC.
2. FACTUAL MATRIX:-
It is the case of the prosecution that on 17.05.2011 on receipt of DD No.35B ASI Madan Singh alongwih Ct. Ram Naresh reached at Jagpravesh Chander Hospital and collected the MLCs of injured Ms. Swati, Ms. Prerna Dubey and Neeraj Dubey. ASI Madan Singh State Vs. Jagdish etc. (SC No.65/11) Page No. 1 of pages 9 recorded the statement of injured Neeraj Dubey, wherein he alleged that "on 17.05.2011 at about 8.45 a.m his son Krishna was cleaning the water tank kept on the roof. The motor cycle of his neighbour Jagdish (accused) was parked in Gali No.4 and some water fell on it. Accused Jagdish and his father called him in Gali No.4 and they started abusing and quarreling with him and accused Hira Lal caught hold of him and his son accused Jagdish assaulted him. On hearing his alarm, his daughter namely Prerna and sister-in-law Swati came for his rescue in the street. They were also beaten by the accused persons Jagdish and Hira Lal. There and then he dialed 100 number as he, his daughter and sister-in-law were injured and they were taken to Jag Parvesh Chand Hospital by the PCR Van." On the basis of the said statement and MLCs of injured persons, offence punishable u/S 323/341/34 IPC was found to be made out and accordingly ASI Madan Singh sent Ct. Ramnaresh alongwith Tehrir for registration of FIR. The injured Neeraj Dubey was discharged from the hospital on the same day and on the pointing out of injured Neeraj Dubey, the site plan of place of occurrence was prepared and on the identification of injured Neeraj Dubey, accused Jagdish and Hira Lal were arrested and released on bail. On 19.05.2011 ASI Madan Singh collected the result State Vs. Jagdish etc. (SC No.65/11) Page No. 2 of pages 9 of the MLCs of all the three injured persons, mentioning therein the injury as "Simple" in the MLCs no.3331/11 and MLC No.3332/11 and on the MLC no.3333/11 of injured Prerna Dubey the injury was found as "Grievous". Thereafter, on the directions of SHO and ACP, case U/s 308 IPC was added and both the accused namely Jagdish and Hira Lal were arrested again on 19.05.2011 and statements of witnesses were recorded and at the instance of accsued Jagdish, weapon of offence i.e. iron rod, was recovered. Then the charge sheet of commission of offence U/s 323/308/341/34 IPC was filed against accused persons in the court for trial and since the offence under Sec.308 IPC is exclusively triable by the court of sessions, so after supplying copies etc., the case was committed to Sessions and by way of assignment the case was received in this court.
3. After hearing respective submissions of the counsels for the parties and on finding sufficient prima facie material for framing of charge, a charge u/Sec.323/341/308/34 IPC was framed against the accused persons namely Jagdish and Hira Lal, to which they pleaded not guilty and claimed trial.
4. After framing of charge the case was fixed for prosecution evidence and till now, the prosecution has examined as many as three State Vs. Jagdish etc. (SC No.65/11) Page No. 3 of pages 9 witnesses in support of its case i.e. PW--1 Neeraj Dubey, PW--2 Ms. Prerna Dubey and PW--3 Ms. Swati.
5. PW--1 Neeraj Dubey testified that on 17.05.2011 at about 8.45 a.m his son namely Krishna was cleaning the water tank kept on the roof. The motorcycle of accused Jagdish (correctly identified) was parked in Gali No.4 and some water fell on it. On this issue, accused Jagdish and his father accused Hira Lal (also correctly identified) came near his house and started to abuse and quarreling with him. Accused Hira Lal caught hold of him and accused Jagdish assaulted him. On hearing his alarm, his daughter namely Prerna and sister-in-law Swati came for his rescue in the street. They were also beaten up by the accused persons. Accused Jagdish brought an iron rod and assaulted on the head of Prerna with iron rod. Accused Jagdish again assaulted on the head of Prerna with iron rod but she saved by putting her hand on the head and she sustained injuries on her hand. Swati was also assaulted with an iron rod by Jagdish. He further testified that police was called by him at no.100 and PCR officials took him, Prerna and Swati to Jag Parvesh Hospital. They were given medical treatment there and their MLCs were prepared. He identified his LTI and RTI on his MLC Ex.PW1/A at points A & B respectively. IO recorded his State Vs. Jagdish etc. (SC No.65/11) Page No. 4 of pages 9 statement Ex.PW1/B in the hospital, signed by him at point A. He showed the spot to the police and IO prepared the Site Plan Ex.PW1/C at his instance, signed by him at point A. He also stated that accused Hira Lal and Jagdish were arrested from Gali No.4, Arvind Mohalla in the same night vide their arrest memos Ex.PW1/D and Ex.PW1/E. They were again arrested on 19.05.2011 vide arrest memos Ex.PW1/D1 and Ex.PW1/E1. He correctly identified the weapon of offence as Ex.P-1.
During cross examination he stated that he was discharged on the same day from the hospital. He conceded that his family and the family of accused are residing in the same vicinity and they have been maintaining very good relations. He stated that the matter has been compromised between his family and accused persons that too without any threat, coercion or undue pressure. The good relations have already been restored between his family and accused person and in view of amicable settlement, they do not want to proceed further in the matter against the accused persons.
PW-2 Ms. Prerna Dubey in her testimony has stated that on 19.05.2011 at about 8.45 a.m her brother Krishna was cleaning the over head tank on the roof. The motorcycle of his neighbour accused State Vs. Jagdish etc. (SC No.65/11) Page No. 5 of pages 9 Jagdish was parked in the Gali. Some water fell on him and on this issue accused Jagdish and his father accused Hira Lal called his father namely Neeraj Dubey in the gali and started abusing and assaulting him. She stated that she alongwith her cousin namely Swati reached in the gali and tried to get rescued his father. Accused Hira Lal told "mar saliyon ko". On this accused Jagdish picked up an iron rod (sariya) and assaulted on her head with sariya and gave beating to Swati also. She was taken to Sastri Park Hospital and was medically examined there. She identified her LTI and RTI on the MLC Ex.PW2/A bearing her signatures at point A & B. She also correctly identified the weapon of offence i.e. iron rod as Ex.P-1, by which accused assaulted her and Swati.
During cross examination she stated that she was discharged on the same day from the hospital. She confirmed that her family and the family of accused are residing in the same vicinity and they have been maintaining very good relations. She stated that the matter has been compromised between her family and accused persons that too without any threat, coercion or undue pressure. The good relations have already been restored between her family and accused person and in view of amicable settlement, they do not want to proceed further State Vs. Jagdish etc. (SC No.65/11) Page No. 6 of pages 9 in the matter against the accused persons.
PW-3 Ms.Swati has testified in her testimony that on 19.05.2011 at about 8.45 a.m her cousin was cleaning the over head tank on the roof. The motorcycle of his neighbour accused Jagdish was parked in the Gali. Some water fell on him and on this issue accused Jagdish and his father accused Hira Lal called his uncle namely Neeraj Dubey in the gali and started abusing and assaulting him. She stated that she alongwith her cousin namely Swati reached in the gali and tried to get rescued her uncle. Accused Hira Lal told "mar saliyon ko". On this, accused Jagdish picked up an iron rod (sariya) and assaulted on the head of Prerna and gave beating her too with Sariya. She was taken to Sastri Park Hospital and was medically examined there. She identified her LTI and RTI on the MLC Ex.PW3/A bearing her signatures at point A & B. She also correctly identified the weapon of offence i.e. iron rod as Ex.P-1, by which accused assaulted her and Swati.
During cross examination she stated that she was discharged on the same day from the hospital. She confirmed that her family and the family of accused are residing in the same vicinity and they have been maintaining very good relations. She stated that the matter has State Vs. Jagdish etc. (SC No.65/11) Page No. 7 of pages 9 been compromised between her family and accused persons that too without any threat, coercion or undue pressure. The good relations have already been restored between their family and accused person and in view of amicable settlement, they do not want to proceed further in the matter against the accused persons.
6. Today, the case was fixed for further Prosecution Evidence but the accused Jagdish and Hira Lal have voluntarily expressed their desire to plead guilty by moving an application. After satisfying myself about the fact that accused persons have taken this step purely on their own free will and without any undue influence, the statements of accused persons U/s 313 Cr.P.C. were recorded in which they prayed for taking of lenient view in view of the settlement arrived at between them and the family of Neeraj Dubey complainant/injured. They also added that the quarrel had taken place on the minor issues and they had no intention to cause such injuries.
7. I have heard the Ld. Counsel for accused persons and also perused the entire material placed on the record carefully and I find that the prosecution has been successfully proved its case by proving the guilt of the accused persons. Firstly, in their respective testimonies, all the three material witnesses i.e. PW-1, PW-2 and PW-3 have fully State Vs. Jagdish etc. (SC No.65/11) Page No. 8 of pages 9 corroborated not only with the story of prosecution but they themselves have corroborated with each other. They have correctly identified the accused persons as well as the weapon of offence Ex.P-1. Moreover, in their respective statements recorded U/Sec.313 Cr.P.C, the accused persons have admitted their guilt, so I hold the accused persons guilty for the commission of the offence punishable under Section 308/341/34 IPC. Accordingly, they are convicted therein under. Now, they be heard on the point of quantum of sentence on 25.01.2012 at 2.00 p.m. (Announced in the open (RAKESH KUMAR) court today on 21.01.2012) ASJ-02 (NORTH EAST) KKD/DELHI State Vs. Jagdish etc. (SC No.65/11) Page No. 9 of pages 9