Delhi District Court
State vs . Kishan Singh & Ors. on 7 January, 2015
IN THE COURT OF Ms. CHETNA SINGH:MM-02(SOUTH DISTRICT)
SAKET COURTS COMPLEX, NEW DELHI
STATE Vs. Kishan Singh & Ors.
FIR No.599/01
U/s : 143/147/149/186/353/332/34 IPC
P.S. : Malviya Nagar
Date of institution of case : 06.03.2003
Date on which case reserved for judgment : 07.01.2015
Date of judgment : 07.01.2015
JUDGMENT
1.FIR No. of the case : 599/01 2.Date of the Commission : 25.07.2001 of the offence
3.Name of the accused : 1. Kishan Singh S/o Sh. Ram Charan
: R/o H. No. S-82/15, Jagdamba Camp,
: Malviya Nagar, New Delhi.
: 2. Ravi Prakash S/o Sh. Naresh
: Chand R/o S-82/B-321, Jagdamba
: Camp, Malviya Nagar, New Delhi.
: 3. Sanjeev Kumar S/o Sh. Iqbal Singh
: R/o S-82/814, Jagdamba Camp,
: Malviya Nagar, New Delhi.
: 4. Smt. Anita W/o Sh. Dawarika
: R/o 192, Shahpurjat, New Delhi.
4.Name of the complainant : SI Sudhir Sharma, No. D-714,
: PS Malviya Nagar, New Delhi.
FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 1/19
5.Offence complained of : u/s 143/147/149/186/353/332/34 IPC
6.Plea of accused : Pleaded not guilty
7.Final order : Acquitted
BRIEF FACTS
1. The story of the prosecution is that on 25.07.2001 at 2.50pm at Main Road, Sheikh Sarai-I near H. No. B-60, New Delhi falling within the jurisdiction of PS Malviya Nagar, accused persons namely Kishan Singh, Ravi Prakash, Sanjeev Kumar and Smt. Anita in furtherance of their common intention had formed an unlawful assembly to overawe by criminal force or show of criminal force to police personnels and they being the member of such an unlawful assembly in prosecution of the common object of the said assembly had used the force and violence and voluntarily obstructed SI Sudhir Sharma, HC Prem Singh and other police personnels, public servants in discharging of their duties as public servants and further they had assaulted and used criminal force to the aforesaid public servants namely Ct. Rajender Singh, ct. Surender, Ct. Rakesh and Ct. Prahlad to deter their duties as such public servants and voluntarily caused simple hurt with blunt object to Ct. Rajender Singh, Ct. Surender, Ct. Rakesh and Ct. Prahlad in discharge of their duties as public servant to deter them from discharging duties as such public servant and thereby accused persons committed offences punishable u/s 143/147/149/186/353/332/34 IPC.
2. On the basis of the said allegations and on the basis of the complaint of the complainant, an FIR bearing number 599/01, under section 143/147/149/186/353/332/34 IPC was lodged at Police Station Malviya FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 2/19 Nagar.
3. After investigation, charge-sheet under section 173 Cr.P.C was filed on 06.03.2003.
4. On the basis of the charge-sheet, a charge for the offences punishable under section 143/147/149/186/353/332/34 IPC was framed against the accused persons namely Kishan Singh, Ravi Prakash, Sanjeev Kumar and Smt. Anita and read out to the said accused persons, to which they pleaded not guilty and claimed trial on 22.10.2005.
APPRECIATION OF EVIDENCE
5. To prove its case, prosecution has examined the following witnesses:
6. PW-1 SI Pradeep Dawar was examined on 07.08.2009 and deposed that on 25.07.2001 he was posted as SI at PS Malviya Nagar and on receiving information regarding quarrel at B-60, Sheikh Sarai, Phase I, he along with SHO and other staff went to the spot on Govt. jeep where he saw large number of people and SI Sudhir and other staff were already present there. He further deposed that SI Sudhir informed SHO that one house maid namely Sunita has expired at H. No. B-60, Sheikh Sarai of Sh. S.N. Singh and the relatives of the Sunita were apprehending that she has been killed by S.N. Singh and his family. He further deposed that one lady namely Anita present in the court (correctly identified by this witness) making allegation and instigating the public that S.N. Singh and his family has killed Sunita. He further deposed that SHO and other staff explained to them that only after postmortem the cause of death could be ascertain and action will be taken only thereafter. But the mob was not allowing the police staff to take the FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 3/19 body to AIIMS hospital for postmortem. He further deposed that Anita further got excited and instigated the mob to pelt stones on the police as they will only favour S.N. Singh to save him and will not do the fair investigation and Anita herself felted the stone on the police party which hit Ct. Rajender on his forehead near the eyebrow. Due to this injury Ct. Rajender fell down. He further deposed that on seeing Anita felting stone other persons also felting stone on the police staff. He further deposed that SHO and other staff tried to pacify the mob and also used loud speaker to pacify them but the mob did not stop and failed to comply with the order/request of the SHO and therefore, tear gas and cane charge was ordered by SHO and Anita and her associates namely Ravi, Kishan and Sanjeew were apprehended. Besides Rajender other police staff also sustained injuries and injured persons were taken to the hospital and lady staff was used to handle the lady accused who was apprehended. He further identified the accused persons namely Ravi, Kishan and Sanjeew present in the court. The dead body of Sunita was taken to AIIMS hospital. He further deposed that IO recorded his statement.
7. This witness was cross examined by Ld. Defence counsel for the accused persons wherein he stated that Anita was not known to him prior to this incident and he further deposed that he came to know later that Anita is relative of deceased Sunita. He admitted that the body of Sunita was found in the house of S.N. Singh and he had no knowledge if Sunita was harassed by S.N. Singh. He denied the suggestion that Anita was turned away from the PS when she came to lodge the complaint against S.N. Singh. He admitted that the body of deceased Sunita was lying at the house of S.N. Singh for many hours voluntarily due to this riot and incident her body could not be shifted to hospital. He further deposed that the distance FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 4/19 between the spot and the PS is about 500 meters and similarly the distance between the spot and the JJ cluster is also about 500 meters and when he reached the spot SI Sudhir was present along with around 7 police persons. He admitted that cane charge was executed on the mob. He voluntarily stated that when the mob did not comply with the direction of the SHO on loud speaker and continued to restrain the police staff to perform their duties and the mob was disbursed on the cane charge and none of the mob member was known to him personally. This witness was asked in question form that when the cane charge was executed and mob started disbursing in all direction you could not identify any of them? This witness has given answer that those persons who were instigating the mob were identified much before the cane charge and Anita and her associates present in the court starting pelting stones at first instance therefore identified. He further stated that the departure entry was made along with the SHO and other staff. He denied the suggestion that Anita have been implicated in this case as she is a relative of Sunita and was complainant. He further denied the suggestion that it is a false case against all the accused persons.
8. PW-2 HC Rang Rao being Duty Officer was examined on 07.08.2009 and proved the copy of FIR Ex. PW-2/A and his endorsement on the basis of rukka Ex. PW-2/B (OSR).
9. This witness was not cross examined by the accused despite opportunity given.
8. PW-3 Ct. Rajender Singh was examined on 07.08.2009 and deposed that on 25.07.2001 he was posted as Ct. at PS Malviya Nagar and on that day on receipt of information regarding the mishappening of Sunita at B-60, Sheikh Sarai, Phase, he along with Ct. Rakesh, Ct. Vijay Pratap reached the spot where SI Sudhir Sharma along with other police staff were FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 5/19 found present there beside hundred odd people gathered. He further stated that few people were shouting that Sunita has been killed by S.N. Singh and family members and the police was not apprehending the offender. He further deposed that Anita present in the court along with her associates were shouting as aforesaid and SI Sudhir tried to pacify them but they did not hear to them and SI Sudhir also informed that Dr. has been called for check up. He further deposed that the mob started pelting stones on police and one steno hit his forehead above his left eyebrow and it started bleeding and then he fell down and he was taken to the hospital where he was medically examined and treated. He further deposed that Anita and her associates were pelting stones but he cannot say who felted the stone whice hit him. He further identified the accused Anita present in the court today. He further stated that he cannot identify the other person present in the court with Anita.
9. On resiling from his previous statement, this witness was cross examined by Ld. APP for State wherein he stated that he does not remember if HC Prem Singh was also present at the spot when he reached there. He admitted that Anita was instigating the mob against the police and pelted stones on them and SHO and other staff also reached the spot later on and SHO used loud speaker to pacify the mob to disburse and mod did not disburse as directions by the SHO and started pelting stones. Thereafter, tear gas was used and cane charge was ordered to disbursed the mob. He further deposed that he cannot identify the accused persons namely Kishan Singh, Ravi Prakas and Sanjeev Kumar who were associates of Anita in instigation the mob and pelted stones. He denied the suggestion that he was deliberately not identifying the accused persons to save them from punishment. He further deposed that IO recorded his statement and he FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 6/19 could not recall the details as the matter pertains to the year 2001 and he was only 12the pass.
10. This witness was cross examined by Ld. Defence counsel for the accused persons wherein he stated that he does not know if Anita was close relative of deceased Sunita and he does not know if Anita came to PS to lodge a complaint against S.N. Singh and she was turned away by police. He further deposed that he himself did not see the body of Sunita nor he can tell if she was lying in the house of S.N. Singh. He denied the suggestion that the accused persons have been falsely implicated in this case in order to save S.N. Singh or that he was deposing falsely.
11. PW-4 ASI Prem Singh was examined on 20.08.2010 and deposed that on 25.07.2001 he was posted as HC at PS Malviya Nagar and on that day on receipt of DD No. 30 mark X, he along with other staff reached at B-60, Sheikh Sarai, Phase-I where S.N. Singh met him and told that his domestic help Sunita R/o S-82/232, Jagdamba Camp, malviya nagar was working with him for about one year and during the course of working she fell down, they called nearby doctor Sen who declared her dead. He further deposed that a crowd consisting of 100 people mostly resident of Jagdamba Camp and some relatives of the deceased, had gathered there and they were shouting slogans, in the meantime, SI Sudhir along with other staff had also came there and tried to pacify the above said crowd by they do not bother. He further deposed that they were shouting that Sunita has been killed by S.N. Singh and his family and one lady Anita was also member of the crowd/mob who was provoking the above said mob by saying that Sunita has been killed by S.N. Singh and his family members and police will not take appropriate action against S.N. Singh and his family. He further deposed that SHO also reached there and lady police also reached there FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 7/19 and SHO and other staff members also tried to convince the above said mob but they remain shouting the above said slogans. Thereafter, Anita thrown a stone which hit Ct. Rajender and he sustained injury on his left eyebrow. Thereafter, mob started pelting stones upon the police party. He further deposed that tear gas shelves and reasonable force was also used to disburse the mob and the mob was not allowing the police to remove the body of deceased to the mortuary of AIIMS Hospital. He further deposed that Ct. Surender, Prahlad, Vijay Pratap also sustained injury by pelting of stones by the mob. He further identified the accused persons namely Ravi prakash, Kishan Singh and Sanjeev present in the court who were arrested from the spot vide memos Ex. PW-4/A to PW-4/D. He further deposed that the accused persons were also taken to the hospital for medical examination and IO recorded his statement.
12. This witness was cross examined by Ld. Defence counsel for the accused persons wherein he deposed that he reached at the spot around 1.45pm where he met with S.N. Singh and he did not arrest S.N. Singh in this case. He further deposed that when they reached on the spot mob was shouting slogans and there was no pelting of stones at that time when he reached on the spot and he was not aware the relation of deceased Sunita with accused Anit. He denied the suggestion that he identified the accused Anita as she is only lady accused among the accused persons. He admitted that there were several many many other women at the spot beside Anita. He denied the suggestion that there was no pelting of stones in his presence at the spot. He denied the suggestion that no one was arrested from the spot in his presence or that accused persons were lifted from their house and thereafter falsely implicated in this case. He further deposed that he was not aware whether any legal action was also taken against S.N. FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 8/19 Singh or his family members on account of Sunita's death. He further denied the suggestion that accused Anita was not present at the spot and she was also lifted from her house or that he was deposing falsely.
13. PW-5 HC Rakesh Kumar was examined on 20.08.2010 and deposed that on 25.07.2001 he was posted as Ct. at PS Malviya Nagar and on that day on receipt of a call, he along with other staff reached at B-60, SFS Flats, Sheikh Sarai, Phase-I where a crowd consisting of 100 people were already gathered and they came to know that one domestic help of S.N. Singh had died and the above said mob were shouting slogans that Sunita has been killed by S.N. Singh and his family. Thereafter, above said mob tried to demolish the entrance gate of colony. He further deposed that one lady present in the court (correctly identified by this witness) was also shouting slogans against S.N. Singh and his family members and they had not allowed the police party to remove the body of the deceased from the spot. He further deposed that SI Sudhir tried to pacify the above said crowd. He further deposed that SHO also reached the spot who also tried to convince the above said mob, on this mob started pelting stones upon the police party which hit Ct. Rajender, Ct. Prahlad, Ct. Surender, Ct. Vijay Pratap and thereafter, tear gas shelves and reasonable force was also used to disburse the mob but in vain. He further deposed that one Anita and his three other associates present in the court (correctly identified by the witness) were apprehended from the spot by police who were pelting stones on police party. He further deposed that HC Sudhir prepared rukka and got the FIR registered through him and after registration of case FIR he came back at the spot and handed over original rukka and copy of FIR to the IO HC Sudhir. He further deposed that IO recorded his statement.
14. The witness was cross examined by Ld. Defence counsel FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 9/19 wherein he stated that he reached on the spot after 2.50pm where some police officials were already present and the pelting of stones started in their presence. He denied the suggestion that there was no pelting of stones in his presence at the spot or that no one was arrested from the spot in his presence or that the accused persons were lifted from their house and thereafter falsely implicated in this case. He further deposed that he was not aware whether any legal action was also taken against S.N. Singh or his family members on account of Sunita's death. He denied the suggestion that Anita was not present at the spot and she was also lifted from her house. He denied the suggestion that he was deposing falsely.
15. PW-6 W/HC Harriet was examined on 28.07.2012 and deposed that on 25.07.2001 she was posted as Ct. at PS Malviya Nagar and on that day, at the instructions of DO, she went to the spot at B-60, Main Road, Sheikh Sarai and she had joined the investigation with the IO. She further deposed that at the spot, huge mob of people was surrounded and they were making hue and cry. On interrogation, she came to know that a girl namely Sunita who was working as a house maid with one S.N. Singh, had died due to heart attack and S.N. Singh called the doctor at the spot where crowd of 100 people gathered and all of them were the residents of Jagdamba Camp and the said crowd was out of control and they were shouting that S.N. Singh and his family member had killed the girl namely Sunita. In the mob, the Anita present in the court, was provoking the crowd and she was shouting that they would not convince Anita and other associates i.e. accused persons present in the court to mend their ways but they continued their misdeeds. In the meanwhile, Anita shouted that the police personnel are also corrupt and she lifted a stone and pelted upon the and the said stone hit against Ct. Rajender Singh due to which he received FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 10/19 injury and fell on the road. Thereafter, the crowd started pelting stones upon the police team and police were given warning with the help of the loud speakers to leave the place immediately but they did not mend their ways. Thereafter, fire gas was blown. Then, also, Anita keep on provoking the crowd. Thereafter, lathi charge was ordered by the IO and the crowd was also preventing them by taking the dead body to the hospital. Due to the pelting of stones, five of the constables had received injuries. From the crowd, accused Anita and her associates namely Kishan Singh, Ravi Prakash and Sanjeev Kumar were arrested at the spot itself and brought to the PS by the police team. The arrest memo of accused Anita is Ex. PW-1/B.
16. This witness was not cross examined by the accused despite opportunity given.
17. PW-7 HC Prahlad Singh was examined on 14.09.2012 and deposed that on 25.07.2001 he was posted as driver along with SHO concerned at PS Malviya Nagar and on that day on receipt of a call, they reached at B-60, Sheikh Sarai, where one S.N. Singh met and found that a crowd of people had gathered at the spot of incident and on account of death of one girl namely Sunita who was working as domestic help at the house of one S.N. Singh for about 1 year, it was disclosed that she expired on account of fits. The body of deceased was to be taken for postmortem however, the crowd of people who had gathered there did not allow the dead body to be taken away for postmortem and the crowd got out of control. In the mob, Anita present in the court started shouting that deceased Sunita had been killed by S.N. Singh and his family. Thereafter, she picked up a stone threw the same which hit Ct. Rajender due to which he received injury on his left eye. Thereafter the crowd started pelting stones upon the police team and he also received injury. Thereafter, Ct. Rajender was taken to the FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 11/19 hospital. He further deposed that he accompanied him and no document was prepared in his presence.
18. This witness was not cross examined by the accused despite opportunity given.
19. PW-8 Ct. Surender Singh was examined on 18.07.2013 and deposed that on 25.07.2001 he was posted as Ct. at PS Malviya Nagar and on that day he was on duty at PS along with SHO concerned and on receiving a call regarding death of one woman at B-60, SFS flat, Sheikh Sarai by SI Sudhir, he along with HC Prahlad and SHO of PS Malviya nagar went to the spot where a crowd of people consisting of 100 people had already gathered at the spot of incident and they came to know that one domestic maid of S.N. Singh had died on account of heart attack and SHO concerned had tried to disburse the mob however, the mob turned violent and they started pelting stones. He further deposed that Ct. Rajender was hit on his head/eye and many other police officials were injured due to stone being pelted and thereafter, the accused persons present in the court were taken to the PS. He further deposed that he does not remember which documents were prepared in his presence and he does not know anything more about the case.
20. This witness was cross examined by Ld. APP for state wherein he was asked in question form that Anita present in the court was instigating the mob and in what manner? This witness has given an answer that Yes, she was instigating the mob. However, he does not know how it was done. He was further asked that who started pelting stones and towards whom? He had given answer that Anita started pelting stones towards police team present. He was further asked that what did you do after the crowd started pelting stones? He had given an answer that the crowd was warned not to FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 12/19 disrupt the duties of the police team. He was further asked that who else pelted stones? He had given answer that the remaining accused persons apart from accused Anita were a part of crowd pelting stones as all of them were present at the spot of incident. He was further asked in question form that all accused persons present in the court were arrested in your presence? He had given an answer in affirmative.
21. This witness was cross examined by Ld. Defence counsel for the accused persons wherein he stated that his signature was not taken on the arrest memo which was prepared in his presence. He further deposed that he does not remember whose signatures were taken and the stones were seized by IO. He further deposed that he does not remember whether any seizure memo was prepared and he further does not remember the quantity of the stone and he further does not remember how the stones were seized. He denied the suggestion that accused Ravi prakash, Krishan Singh and Sanjeev did not pelt stones at the police team or that no stones were pelted or recovered from the spot of the incident.
22. PW-9 HC Vijay Pratap was examined on 26.10.2013 and deposed that on 25.07.2001 he was posted as Ct. at PS Malviya Nagar and on that day he came to know through DO that there is fighting at B-60, Sheikh Sarai and he along with HC Prem Singh and other staff reached at the spot where he came to know from persons present there that a domestic servant namely Sunita who was working at residence of Mr. S.N. Singh became unconscious and due to which she died. He further deposed that he observed that there were about 100 public persons present at the spot and they were shouting "S.N. Singh Aur Iske Pariwar Walo ne Sunita Ko Mara Hai" and one of the lady inside the mob became violent (later on he came to know her name Anita), she was saying that police official have connived with FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 13/19 the S.N. Singh and his family and police official are corrupt and they are not going to help her. At that time, some boulders were on both sides of the road for maintenance of the road and Anita picked up the boulders and threw towards the police personnel present which hit Ct. Rajender above his eyebrow and Ct. Rajender fell down as a result of same and Ct. was picked up and taken to safety. The other staff present at the spot was trying to pacify the accused persons but the mob kept pelting stones towards the police party. He further deposed that he can identify three accused persons present in the court. Later on their names were identified as Ravi, Kishan Singh and Sanjeev. Thereafter as the mob could not be pacified, an orders of senior officials tear gas were used. Due to the pelting of stones he along with Ct. Surender, Ct. Rakesh, Ct. Prahlad received injures. He further deposed that he received injury on the wrist and ankle of his left hand. Thereafter, they were taken to AIIMS Hospital for first Aid and MLC bearing no. CS 66890(sl. no. 124) dated 25.07.2001 which is on judicial record were prepared. After treatment from AIIMS, he reached to the PS and saw that accused Ravi, Kishan, Anit and Sanjeev were being arrested and they were present at PS malviya nagar. He further identified the accused Anita also present in the court.
23. This witness was cross examined by Ld. counsel for accused Anita wherein he stated that at about 2.45pm they were informed about the death of Sunita. 4-5 police officials proceeded towards the place of occurrence. He further deposed that they reached at the residence of S.N. Singh and met him and he did not enter into the residence of S.N. Singh where the death body of Sunita was lying but their remaining police officials went in the house of S.N. Singh. He further deposed that he saw the gathering of about 100 persons including the men and women. Out of them FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 14/19 20-25 women were present there. He further deposed that he was not aware whether any legal action has been taken against S.N. Singh or he was arrested. He denied the suggestion that the accused Anita was not present at the spot or that he was also not present at the spot. He further deposed that the police party including himself stayed on the spot hardly for 20-30 minutes and he does not remember how long he stayed in the hospital. He admitted that none of the accused persons were arrested in his presence. He denied the suggestion that he had not seen accused Anita on the spot or that he was deposing falsely or that he had seen the accused Anita for the first time in PS after her arrest.
24. This witness was cross examined by Ld. counsel for accused Kishan and Sanjeev wherein he admitted that none of the accused persons were not arrested in his presence and it was a day time and they reached at the spot at around 2.45pm on foot and there were 4-5 police persons in their team and he remember the name of police officials namely Ct. Rajesh, Ct. Surender, Ct. Prahlad and Ct. Rajender. He denied the suggestion that he only found accused Anita at the spot and none of the other accused persons present at the spot or that the accused persons have been falsely implicated. He further deposed that he cannot tell whether any of the stone pelted were seized as case property by the IO. He denied the suggestion that he had seen the accused persons first time in PS after they were falsely implicated in the present case. He further deposed that his statement was recorded in the PS and in his presence, statement of no other witnesses was recorded.
25. This witness was cross examined by Ld. counsel for accused Ravi Prakash wherein he stated that he started from the PS along with police officials at about 2.42pm and this information was received by HC FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 15/19 Prem vide DD no. 37 and he informed them immediately to reach the spot i.e. B-60, Sheikh Sarai. He further deposed that HC Prem Prakash informed the senior police official about the incident and he further deposed that he does not remember how many police officials were entered into the house of B-60 and how many police officials remained outside the house. SHO of PS malviya nagar at that time came with other 6-7 police officials namely SI Sudhir Sharma (he does not remember the name of other police officials) after 15-20 minutes. He further deposed that he received injury during the span of 20-25 minutes, during which he remained at the spot and they were taken to AIIMS Hospital immediately thereafter by staff vehicle and they reached the hospital after about half an hour and remained at the hospital for about 50 minutes. Thereafter, they came to the PS and found many other persons along with four accused persons present in the court. He further deposed that a crowd had gathered out side the PS and they got to know about the name of the accused persons after their arrest and he cannot tell the time of arrest of the accused persons. He admitted that the accused persons were not arrested in his presence. Again said the accused persons were arrested by the IO however, he does not remember the time of arrest. He admitted that the names and addresses of the accused persons were inquired by the IO and that is how he got to know about their names and addresses. He further identified all the accused persons present in the court and their names are Kishan, Sanjeev and Ravi (witness has pointed out towards the accused persons while disclosing their names). He further deposed that he cannot tell whether an Auto driver who was trying to take his auto was also attacked by the mob and he cannot tell whether the Auto driver was also restrained from taking the auto by the police officials. He denied the suggestion that the auto was being driven by accused Ravi and FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 16/19 when he was trying to take the auto he was apprehended. He further denied the suggestion that the accused Ravi was apprehended as he was a resident of jagdamba camp. He voluntarily stated that the accused Ravi was a part of the mob of pelting stone which were being pelted by various persons forming the part of mob however, the four accused persons present in the court were in the forefront. He denied the suggestion that the accused persons were not present at the spot or that the mob pelted stones after lathi charge by police. He admitted that lathi charge was resorted to by the police party. He denied the suggestion that the accused Ravi was later on arrested after he left his auto at the spot or that he identified all the accused persons at the behest of IO.
26. PW-10 Rajbir Singh, Record clerk was examined on 04.07.2014 and deposed that he had brought the MLC record prepared in the year 2001 which has been destroyed by the order of Medical Superintendent, AIIMS vide order no. F-418/12/Hospital MR dated 06.11.2012. The certified copy of the said order has been brought by the witness same is taken on judicial record. However, he identified the handwriting and signature of Dr. Sudershan and Dr. Jagdish Kumar and Nandish Kumar who had prepared the MLC bearing no. 66839 dated 25.07.2001, MLC no. 66847 dated 25.07.2001 and MLC no. 66890 dated 25.07.2001 and MLC no. 66891 and MLC no. 66892 dated 25.07.2001 vide Ex. PW-10/A to PW-10/E all bearing the signature of Dr. Sudershan and Dr. Jagdish Kumar and Dr. Nandish Kumar at point A respectively.
27. This witness was not cross examined by the accused despite opportunity given.
28. Apart from ten witnesses, no other witness was examined by the prosecution. Despite repeated opportunities given, IO has not been FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 17/19 examined by the prosecution. Hence, PE was ordered to be closed on 10.09.2014. The statement of accused persons under section 313 r/w section 281 Cr.P.C was recorded on 20.10.2014 in which they stated that they have been falsely implicated in the present case and they do not want to lead defence evidence.
29. Final arguments were advanced by Ld. Counsel for accused persons and Ld. APP for state. Heard.
Reasons for Decision
30. In the present matter, prosecution has examined ten witnesses. In the present matter, all the witnesses are police officials. PW-3 Ct. Rajender Singh being the injured was examined but he has not identified all the accused persons and another injured/PW-8 Ct. Surender Singh has also turned hostile. Other injured persons namely PW-5 HC Rakesh Kumar and PW-7 HC Prahlad Singh have been examined by prosecution. However, no incriminating evidence qua accused persons are found. Apart from these witnesses, PW-1 SI Pradeep Dawar, PW-4 ASI Prem Singh, PW-6 W/HC Harriet and PW-9 Vijay Pratap have been examined who deposed the sequence of events leading to the incident.
31. Further, in the present matter all three doctors namely Dudershan, Jagdish Kumar and Nandish have expired who prepared the MLCs bearing no. 66839, 66847, 66890, 66891 and 66892 of the above said injured persons. Further, in order to prove the record of MLCs prosecution has examined Record clerk namely Rajbir Singh as PW-10 who deposed that MLC record prepared in the year 2001 has been destroyed by the order of Medical Superintendent, AIIMS and accordingly, MLCs do not stand proved.
FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 18/19
32. Apart from ten witnesses, prosecution has not examined any other witness. None of public witness including the IO have been examined in the present matter. It is settled law that non examination of IO can be fatal to the case of the prosecution and hence, the accused persons namely Kishan Singh, Ravi Prakash, Sanjeev Kumar and Anita are required to be given benefit of doubt and are hereby acquitted of the offences charged u/s 143/147/149/186/353/332/34 IPC.
Previous bail bond in compliance of section 437-A Cr.P.C. to remain in force for a period of 6 month from today. File be consigned to record room.
Announced in the Court (CHETNA SINGH) on 07.01.2015 MM-02(SD)/ 07.01.2015
Certified that this judgment contains 19 pages and each page bears my signatures.
(CHETNA SINGH) MM-02(SD)/ 07.01.2015 FIR No. 599/01 State Vs Kishan Singh & Ors. Pages 19/19