Delhi District Court
The State vs Harpreet Singh on 17 September, 2014
SC No. 188/2014 D.O D. 17.9.2014 FIR No. 298/2013
P.S Swaroop Nagar
u/s 307 IPC
IN THE COURT OF SH RAJESH KUMAR GOEL:
ADDITIONAL SESSION JUDGE -5 (NORTH),
ROHINI , DELHI
SESSION CASE NO. : 188/2014
UID NO . : 02404R019332014
FIR No : 298/13
P. S : Swaroop Nagar
u/s : 307 IPC.
The state Versus Harpreet Singh
S/O Jagjeet Singh
R/O H. NO 530, Gali NO.09,
Sindhi Colony, Swaroop
Nagar, Delhi.
Date of Committal to Session Court : 07.06.2014
Date of argument : 17.09.2014
Date of order : 17.09.2014.
JUDGMENT __________________________________________
1.Brief facts of the case, as per story of prosecution are that on 13.12.2013, injured Montee had borrowed Rs 100 from one Parminder Singh @ Rinku owner of Vishwakarma Furniture house. On 14.12.2013, at about 10:30 am , when injured reached Vishwa karma Furniture house, accused Harpreet Singh who was working there , SC no. 188/14 State vs Harpreet Singh(acquitted) (Page 1 of 6 ) SC No. 188/2014 D.O D. 17.9.2014 FIR No. 298/2013 P.S Swaroop Nagar u/s 307 IPC asked Monti to return 100 Rs which he had borrowed from Parminder Singh. Monti told him that he would return the same to Parminder Singh only. Accused Harpreet Singh started abusing Montee and started scuffling with him. It is alleged that accused Harpreet Singh caused injury on the person of Monti with "iron Chorsi"( an instrument used to peel wood) . In the meanwhile brother of injured Montee reached there and took him to BJRM hospital . In the hospital, police recorded the statement of Montee and on the basis of said complaint, FIR at PS- Swaroop Nagar was registered.
2. After investigation chargesheet was filed before ld MM. Since the offence u/s 307 IPC was exclusively triable by Session Court , therefore, vide order dated 07.06.2014 of ld MM, the present case was committed to the Sessions Court.
3. Vide order dated 01.07.2014 , accused was charged for the offence u/s 307 IPC to which he pleaded not guilty and claimed to be tried.
4. In support of its case prosecution has examined two witnesses SC no. 188/14 State vs Harpreet Singh(acquitted) (Page 2 of 6 ) SC No. 188/2014 D.O D. 17.9.2014 FIR No. 298/2013 P.S Swaroop Nagar u/s 307 IPC
5. PW1 Montee is the complainant/injured who deposed that on on 13.12.2013, he had gone to Parminder singh @ Rinky owner of Vishvakarma furniture house, Yadav Market to return Rs 100/- which he had borrowed from him. He returned the said money to Parminder Singh and came outside from the shop. When he was coming back from the shop, he slipped and sustained injuries . PW1 further deposed that nobody caused any injury to him. PW1 was declared hostile as he was resiling from his previous statement. He was cross examined by by the Ld Chief Prosecutor .
6. PW 2 ASI Hari Ram is the IO of the present case who deposed that on 14.12.2013, on receipt of DD no.21 A ExPW2/A , he alongwith Ct. Anand reached at furniture shop, yadav Market road, Swaroop Nagar, Delhi where he came to know that injured has already been removed to the BJRM Hospital. They went to BJRM Hospital and he obtained MLC of injured Monteee ExPW2/B. He recorded statement of Montee ExPW1/A and made endorsement ExPW2/C on the said statement and got registered FIR through Constable Anand. He prepared site plan ExPW2/D at the instance of SC no. 188/14 State vs Harpreet Singh(acquitted) (Page 3 of 6 ) SC No. 188/2014 D.O D. 17.9.2014 FIR No. 298/2013 P.S Swaroop Nagar u/s 307 IPC complainant . PW2 further deposed that he seized blood stained shirt of injured vide seizure memo ExPW1/D. On the same day accused Harpreet Singh was arrested vide arrest memo ExPW1/E and the personal search of the accused was conducted vide memo ExPW1/F and his disclosure statement ExPW1/D was recorded. He further deposed that the iron chorsi i.e weapon of offence was converted into parcel and sealed with the seal of HR and seized vide memo ExPW1/C.
7. PW2 ASI Hari Ram further deposed that on 08.1.2014, blood sample of injured Montee was taken vide MLC ExPW2/H and was seized vide seizure memo ExPW2/J. The parcel of blood stained shirt and blood sample were sent to FSL through Ct. Anil for examination. FSL results ExPW2/K and ExPW2/L were collected and on completion of investigation chargesheet was filed.
8. Since the public witness Montee(PW1) , who is the injured/complainant having not having supported the case of the prosecution and have turned hostile on the aspect of incident in question and there being no incriminating evidence against the accused either in the SC no. 188/14 State vs Harpreet Singh(acquitted) (Page 4 of 6 ) SC No. 188/2014 D.O D. 17.9.2014 FIR No. 298/2013 P.S Swaroop Nagar u/s 307 IPC form of ocular or circumstantial or forensic evidence, statement of the accused under Section 313 Cr.PC were dispensed with.
9. I have perused the record and heard the ld Chief Prosecutor for the state and the ld counsel for the accused .
10. Although prosecution has examined two witnesses but none of the witness has said anything material against the accused. PW2 ASI Hari Ram is the IO who carried out the routine investigation and he is not the eye witness of the alleged incident. In these circumstances testimony of PW1 Montee, injured/complainant remains.
11. A careful examination of testimony of PW1 shows that he had also said nothing against the accused. PW1 was declared hostile by the Ld Chief Prosecutor for state. During his cross examination also , by the ld Chief Prosecutor for state, he has not supported the case of the prosecution. There is an allegation of using iron chorsi by the accused but the PW1 has said nothing against the accused in this regard also.
SC no. 188/14 State vs Harpreet Singh(acquitted) (Page 5 of 6 ) SC No. 188/2014 D.O D. 17.9.2014 FIR No. 298/2013 P.S Swaroop Nagar u/s 307 IPC
12. In the background of the fact , the prosecution having failed to establish and prove the allegations against the accused and having failed to bring on record any evidence against him to connect him conclusively to the commission of the offence, benefit of doubt is being given to the accused Harpreet Singh, who is hereby acquitted of the charges under Section 307 IPC.
13. File be consigned to Record Room after compliance of section 437(A) CrPC.
Announced in the open (Rajesh Kumar Goel) Court today i.e 17.9.2014 ASJ-5, North /Rohini Court SC no. 188/14 State vs Harpreet Singh(acquitted) (Page 6 of 6 )