Delhi District Court
State vs 1. Munnavar S/O Sh. Md. Salim on 5 March, 2020
IN THE COURT OF SH. RAGHUBIR SINGH
ADDL. SESSIONS JUDGE-02 (NORTH EAST)
KARKARDOOMA COURTS : DELHI
SESSIONS CASE No. 363/19
FIR No. 357/15
PS. New Usmanpur.
U/s. 307/34 IPC & 27 Arms Act
Instituted on 04.10.2019
Decided on 05.03.2020
Final Order Acquitted
State Vs 1. Munnavar S/o Sh. Md. Salim
R/o. E-2/20, Gali No.3, 3rd Pusta, Jagjit Nagar, Delhi.
2. Dilshad S/o. Sh. Habib
R/o. E-5, Gali No.1, 3rd Pusta, Jagjit Nagar, Delhi.
JUDGMENT
1. Brief facts of the present case are to the effect that on 28.03.2015 at about 8.30 PM, complainant Rahul (PW1) along with his friend Vipin (PW2) was sitting in front of House No. A-161, Gali No.2, 2 nd Pusta, New Usmanpur, Delhi. At about 8.45 PM, Dilshad (who used to work in Saleem Hotel, 3rd Pusta) along with Munnavar came on the motorcycle and started firing gun shots upon them. Both of them tried to escape and ran away from there and in the meantime, one gun shot FIR No. 357/15 State Vs. Munnavar & Anr. page 3 of 3 hit the abdomen of complainant Rahul. Thereafter, both Dilshad and Munnavar fled away from there.
2. After completion of the investigation, the police filed final report U/s.173 Cr.P.C for the offence punishable under section 307/34 IPC & 27/54/59 Arms Act.
3. Charge for the offence u/s.307/34 IPC was framed against both accused persons and a separate charge for the offence u/s 27 Arms Act was framed against accused Dilshad on 16.01.2020 to which they pleaded not guilty and claimed trial.
4. Complainant himself and his companion Sh.Vipin have been examined as PW1 and PW2 respectively as on this day. Both of them have completely turned hostile and have not supported the prosecution version even to the slightest extent as against the accused persons. They have categorically deposed that they cannot tell as to who had fired shot upon them. Even after being cross examined on behalf of the State by Ld. Addl. PP, nothing incriminating could be brought out from the mouth of these star witnesses. The testimony of these witnesses has caused an unrepairable dent to the prosecution version and even the testimony of the remaining witnesses who are yet to be examined won't be able to render any help to support the prosecution version in any FIR No. 357/15 State Vs. Munnavar & Anr. page 3 of 3 sense in proving the case against the accused persons. Thus, the prosecution case is bound to fail in all eventualities and it would have been a futile exercise to continue with the trial of the matter any further. Accordingly, vide separate order of this day, the PE has been closed and SA dispensed with. The accused persons deserve acquittal of the charges. Ordered accordingly.
File be consigned to the Record Room.
Announced in the open court (Raghubir Singh)
as on 05.03.2020 Addl. Sessions Judge-02, North East Distt.
Karkardooma Courts, Delhi
FIR No. 357/15 State Vs. Munnavar & Anr. page 3 of 3