Delhi District Court
State vs Prayagdeep on 29 April, 2025
S.C. No. 30/2023 "State Vs. Prayagdeep & Ors."
IN THE COURT OF SH. GAUTAM MANAN
ADDITIONAL SESSIONS JUDGE- 09
WEST, TIS HAZARI COURTS, DELHI
In the matter of:
SC No. 30/2023
CNR No. DLWT01-000392-2023
FIR No. 211/2017
Police Station Nihal Vihar
Under Section 308/323/506/34 & 174-
A IPC
State
Versus
1. Prayag Deep
S/o. Sh. Attar Singh
R/o. 31, Village Ranhola,
Nihal Vihar, New Delhi.
2. Kushal
S/o. Sh. Rahtash Kumar
R/o. H.No. 307, Village Ranhola,
Nihal Vihar, Delhi.
3. Deepak
S/o. Prem Singh
R/o. Village Ranhola,
New Delhi. ...Accused Persons
Date of Institution 13.01.2023
Date of Arguments 29.04.2025
Date of Judgment 29.04.2025
Decision Acquitted
JUDGMENT
1. Accused persons are facing trial on allegations that they in furtherance of their common intention along with co-
Judgment Page 1 of 13S.C. No. 30/2023 "State Vs. Prayagdeep & Ors."
accused Satish @ Dholu (proclaimed offender) criminally intimidated the complainant Neeraj, Koshan Kumar, B.D. Pandey and other injured persons and caused injuries upon them with such an intention or knowledge that if by the said act, complainant and other injured would have died then the accused persons would be guilty of offence of culpable homicide not amounting to murder.
2. Accused Kushal and Deepak are also facing trial on allegations of concealing themselves from process of law. Brief Facts
3. On 23.04.2017, SI Ram Pal on receipt of DD No.51A (Ex.PX-3) reached at Radar Road, Near Bhagat Singh Park, Kunwar Singh Nagar, Delhi and came to know that injured were taken to SGM Hospital. SI Ram Pal reached SGM Hospital where he collected MLCs of injured persons namely Satender, Koshal Kumar, B.T. Pandey, Parkash Kumar and Amit and Krishna Singh. Injured persons did not give any statement on that day.
4. On 24.04.2017, complainant Neeraj Kumar Singh (PW3) came to the police station and gave his written complaint (Ex.PW3/A) relevant portion of which reads as under :
"...... I am a practicing lawyer and my personal details are provided at the end of this complaint.
My brother Pankaj Kumar Singh has contested elections for municipal Counselor from Ward No. 19-S of South Delhi Municipal Corporation, as an independent candidate, his election symbol was Gubbara (Balloon). One Judgment Page 2 of 13 S.C. No. 30/2023 "State Vs. Prayagdeep & Ors."
of the polling station for the aforesaid ward was at Government Co-Education Senior Secondary School, Ranholla which is in the adjoining vicinity of Kunwar Singh Nagar and my polling station was also in the same school. Sometime around 4'o clock (4 Pm) in the evening on 23.04.2017, I casted my vote. After casting my vote, I came out and was standing at the table of my brother's supporters/election polling volunteers near Bhagat Singh Park, Radar Road.
However, around 5.45 pm on 23.04.2017, when the polling was over around 15-16 people in four different cars (SUV's) came and started waiving their firearms, iron roads, sticks and knives. They were waiving dangerous weapons and surrounded all of us who were standing outside the aforesaid school (polling station) were our tables are put up for the help and assistance of the Voters. Since, my family has a house and I have been residing there earlier in the Kunwar Singh Nagar and still keep on regularly visiting my brother and old aged parents. The aforesaid miscreants/assailants are from nearby Ranholla village area. Thus, four of the accused persons among the assailants were clearly identified with their respective names:-
i. Satish @ Dholu S/o Rajender, R/o Village Ranholla;
ii. PrayagdeepLakra @ Parveen S/o Attar Singh, R/o Village Ranholla;
iii. Kushal @ Kitty S/o Rohtash, R/o Village Ranholla;
iv Deepak Sio Prem Singh, Rio Village Ranholla However, in total they were around 15-16 persons, I can identify others as well. if they are brought before me for the purposes of identification.
All the 15-16 persons, including aforesaid 4 persons were all armed with fire arm (revolver/Katta), Iron Rods. Knives and Bricks Judgment Page 3 of 13 S.C. No. 30/2023 "State Vs. Prayagdeep & Ors."
(bumt clay bricks). Satish Dholu and Prayagdeep Lakra Parveen. were holding fire arm (revolver/Katta). All of them surrounded us including me and started threatening and pushing us bysaying that "aaj to hum log turn logo kojaan sae maar daengae "koi nahibachayega". While saying this Satish Dholu and Prayagdeept Lakra @ Parveen were waiving their weapons and pointed towards us including me. Other persons. Kushal @ Kitty and Deepak were having iron roads in their hand and they along with others were threatening and pushing us. All of them in one tone were saying that "aaj to en sab ko jaan sae mar kar he chodaegae". They started beating our polling people mercilessly without any rhyme and reason. Kushal @ Kitty and Deepak started beating mercilessly Mr.Koshal Kumar (who is also practicing advocate), since I have called him for the documentation work, if required on the polling day. Both Kushal @ Kitty and Deepak, started hitting my friend Koshal Kumar and B.D.Pandey with Iron Rods and other fellow accused persons were pelting bricks on them. Satish Dholu and Prayagdeep Lakra @ Parveen, were holding others by pointing fire-arm towards them or else they will kill if anyone escapes or help each other, Satish Dholu and Prayagdeep Lakra @ Parveen, they were shouting and telling Kushal @ Kitty and Deepak that "mar daeenhaeaajjaan sae". Many other people including local residents as well as one passerby got injured due to the pre-planned attack done by the aforesaid group of 15-16 persons.
Since, two of the victims (Mr.Koshal Kumar and one other person) have been grievously injured, Mr.Koshal Kumar has suffered injury on head, he has vomited and fainted, due to various internal injuries. Koshal Kumar, is under constant pain and is unable to follow his ordinary pursuits. All of them were taken to 'Sanjay Gandhi Memorial Hospital, Mangolpuri, Delhi-83' on 23 04.2017 and there Judgment Page 4 of 13 S.C. No. 30/2023 "State Vs. Prayagdeep & Ors."
MLC were conducted along with other injured persons. Another advocate Mr. B. D.Pandey (B.T Pandey name mis-spelt by hospital staff) was also assaulted by iron rod on his knee and was not able to walk, was also taken to 'Sanjay Gandhi Memorial Hospital, Mangolpuri, Delhi-83, for treatment Mr. B. D.Pandey is under constant pain and is unable to follow his ordinary pursuits. Other people/local residents have also suffered injuries who all were simply standing and winding up the polling tables and voting related misc. work.
Therefore, I humbly request that immediate action may kindly be taken against all the accused persons"....
5. On the basis of the statement of complainant and MLC of injured persons, FIR was registered for offence punishable under Section 323/308/506/34 IPC.
6. Further investigation was carried out. Site plan of the place of occurrence was prepared at the instance of complainant. Statement of injured persons were recorded. Opinion on the MLCs of injured was obtained.
7. Accused persons were searched and their warrants were obtained. SI Hawa Singh got initiated proceedings under Section 82 Cr.P.C. against accused persons. Accused Prayag Deep was granted anticipatory bail. Other accused persons namely Khushal @ Kushal @ Kitty, Satish @ Dholu and Deepak were declared proclaimed offenders and Section 174-A IPC was added in the present case.
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8. Accused Khushal @ Kushal @ Kitty was arrested.
Weapon of offence could not be traced. After completion of investigation, charge sheet against accused Prayag Deep and Khushal @ Khushal @ Kitty was filed in the Court.
9. On 07.03.2024, accused Deepak was arrested. He was interrogated and he pointed out the place of occurrence. After completion of investigation, supplementary charge sheet against him was filed.
Charge
10.On 08.08.2024, charge for offence punishable under Section 308/323/506/34 IPC was framed against accused Prayag Deep, Kushal and Deepak. Additionally charge for offence punishable under Section 174-A IPC was framed against accused Kushal and Deepak. Accused persons pleaded not guilty and claimed trial. Prosecution Evidence
11.In all prosecution examined 5 witnesses. PW1 Kaushal Kumar (injured) deposed as under:-
"...I am an Advocate by profession. On 23.04.2017, I along with my friends and Advocate Neeraj Kumar were present in front of Govt. School at Kanwar Singh Nagar, Ranhola. On that day, there was an election of MCD Counsellor and polling was going on. Brother of my friend Neeraj Kumar Singh was one of the candidate in the said election.
On that day, while we were present at the aforesaid place, a mob consisting of 20-25 boys came there and were also campaigning for the elections. A scuffle took place between us and the said unknown boys. In the said scuffle me, my friends B.D. Pandey, Rakesh Krishan and Satender suffered injuries. But in the chaos, we were not able to comprehend who caused Judgment Page 6 of 13 S.C. No. 30/2023 "State Vs. Prayagdeep & Ors."
injuries to them. Neither I can identify those persons.
After some time, police came to the spot. Police recorded my statement in this regard. Later on Police arrested four boys, however, accused persons were not the same boys who were present in the crowd on that day.
12. PW-2 B.D. Pandey in his examination-in-chief deposed as under:
".....I am an Advocate by profession. On 23.04.2017, I along with my friends and Advocate Neeraj Kumar were present in front of Govt. School at Kanwar Singh Nagar, Ranhola. On that day, there was an election of MCD Counsellor and polling was going on. Brother of my friend Neeraj Kumar Singh was one of the candidate in the said election.
On that day, while we were present at the aforesaid place, a mob consisting of 20-25 boys came there and were also campaigning for the elections. A scuffle took place between us and the said unknown boys. In the said scuffle me, my friends Kaushal, Rakesh Krishan and Satender suffered injuries. But in the chaos, we were not able to comprehend who caused injuries to us. Neither I can identify those persons.
Somebody from the crowd called police. After some time, police came to the spot. Police recorded my statement in this regard. Later on Police arrested accused persons, however, accused persons arrested were not the same boys who were present in the crowd on that day and those who assaulted us......."
13. PW3 Neeraj Kumar Singh (complainant) in his testimony deposed as under:
" ....I am an Advocate by profession. On 23.04.2017, I along with my friends were present in front of Govt. School at Kanwar Judgment Page 7 of 13 S.C. No. 30/2023 "State Vs. Prayagdeep & Ors."
Singh Nagar, Ranhola. On that day, there was an election of MCD Counsellor and polling was going on. My brother was one of the candidate in the said election.
On that day, while we were present at the aforesaid place, a mob consisting of 20-25 boys came there and were also campaigning for the elections. A scuffle took place between us and the said unknown boys. In the said scuffle me, my friends Kaushal, Rakesh Krishan and Satender suffered injuries. But in the chaos, we were not able to comprehend who caused injuries to us. Neither I can identify those persons.
Somebody from the crowd called police. After some time, police came to the spot. Police recorded my statement in this regard. I filed complaint to the SHO which is Ex.PW3/A which bears my signatures at point A. Though I had named four persons amongst the persons i.e. Satish, Prayagdeep Lakra, Kushal @ Kitty and Deepak, but said persons are not amongst the assailants. I have named the said persons as somebody told me that the said persons might be the assailants.... "
14. PW-4 Dr. Vipin Dabas proved the MLC of injured Amit as Ex.PW4/A.
15. PW5 Krishna Singh in examination-in-chief deposed as under:
....On 23.04.2017, I went to Govt. School at Kanwar Singh Nagar, Ranhola for voting, as on that day, there was an election of MCD Counsellor and polling was going on. On that day, while we were present at the aforesaid place, a mob consisting of 20-25 boys came there and were also campaigning for the elections. Those boys gathered around us. A scuffle took place among unknown boys present there and some people started pelting Judgment Page 8 of 13 S.C. No. 30/2023 "State Vs. Prayagdeep & Ors."
stones. In the said pelting, I suffered injuries. There was chaos, I was not able to comprehend who created that chaos and who caused me injury. Neither I can identify those persons. We started shouting "bachao, bachao" and some other public person came to rescue us.
Somebody from the crowd called police. After some time, police came to the spot. Police recorded my statement in this regard. Somebody from the crowd called police. After some time, police came to the spot. Police recorded my statement in this regard."
16. Other injured/eye witnesses Amit and Parkash @ Rakesh were not found residing at their given addresses and despite efforts they could be served with summons.
17. Vide their statement recorded under Section 294 Cr.P.C.
accused persons admitted FIR as Ex. PX-1, certificate u/s 65B Indian Evidence Act in support of computerized record of FIR as Ex. PX-2, DD No. 51A as Ex. PX-3, MLC of injured Rakesh Kumar, Amit, Krishna Singh, Satinder and B.D Pandey as Ex. PX-4, Ex. PW-4/A, Ex. PX-5, Ex. PX-6 and Ex. PX-7 respectively. Accused persons also admitted execution and publication of process of under Section 82 Cr.P.C against all of them vide report EX.PX-8 to Ex.PX-13.
18.In their testimony complainant/PW-3 Neeraj Kumar Singh and other injured witnesses namely PW-1 Kaushal Kumar, PW-2 B.D. Pandey and PW-5 Krishna Singh failed to support the prosecution story and failed to identify accused persons as the persons involved in the incident.
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19. In cross-examination of material witnesses by Ld. Addl.
PP, nothing incriminating came against the accused persons. In absence of any incriminating evidence against the accused persons for the offences punishable under Section 308/323/506/34 IPC, recording of their statements under Section 313 Cr.P.C. was dispensed with.
20.Statement of accused Deepak & Kushal under Section 313 Cr.P.C was recorded qua offence punishable under Section 174A IPC wherein accused persons stated that they did not receive summons nor process from the Court. They stated that their complete address was not mentioned on the process.
21.I have heard Ld. Addl. PP for the State and Ld. counsel for the accused persons.
Appreciation of Evidence
22.Entire case of the prosecution hinges upon testimony of PW-3 Neeraj Kumar Singh (complainant) and eye witnesses PW-1 Kaushal Kumar, PW-2 B.D. Pandey and PW-5 Krishna Singh.
23. PW3 Neeraj Kumar Singh (complainant) deposed that 23.04.2017, while they were present at the place of incident, a mob consisting of 20-25 boys came there and were also campaigning for the elections. A scuffle took place between them and the said unknown boys. In the said scuffle he, his friends Kaushal, Rakesh Krishan and Satender suffered injuries. But in the chaos, he was not Judgment Page 10 of 13 S.C. No. 30/2023 "State Vs. Prayagdeep & Ors."
able to comprehend who caused injuries to them. Complainant failed to identify assailants and resiled from his initial complaint as Ex PW3/A.
24.Similar is the deposition of PW-1 Kaushal Kumar, PW-2 B.D. Pandey and PW-5 Krishna Singh whi in unison deposed that in the chaos, they were not able to comprehend who caused injuries to them.
25. PW1, PW-2, PW-3, and PW-5 specifically deposed that accused persons were not amongst the assailants. PW-3 Neeraj Kumar Singh (complainant) deposed that though he named four persons amongst the persons i.e. Satish, Prayagdeep Lakra, Kushal @ Kitty and Deepak, but the accused persons are not amongst the assailants. PW3 deposed that he named the accused persons as somebody told him that the accused might be the assailants. Since, PW1 and other injured witnesses did not support prosecution case, they were declared a hostile witness and were cross-examined by Ld Additional PP for State.
26.Neither complainant nor any other injured witness have supported prosecution case. They were cross-examined by Ld Additional PP on behalf of the State. During their cross-examination, all of them maintained that accused persons were not amongst the assailants and they failed to identify the accused persons in the Court. Testimony of prosecution witnesses reflects that the identity of accused persons as assailants is not established.
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27. Allegations against accused Kushal and Deepak under section 174A IPC: Both the accused persons Kushal and Deepak have stated that they were not aware about proceedings of the present case. There is no material on record which indicates that accused persons ever were served with any notice in respect of present case.
28. There is no document on record which indicates the complete residential address and permanent address of the accused persons was obtained by the Investigating Officer. Even on the process under Section 82 Cr.P.C, addresses of accused Kushal and Deepak have not been mentioned. On the process just the name of the village of accused persons has been mentioned but no house number is mentioned. No statement of any villager/ village Pradhan has been taken to establish that the accused persons were residing in the said Village. Their addresses disclosed by the accused persons have specific house numbers but the process under Section 82 Cr.P.C has not been executed on that addresses. Accordingly, in above noted facts accused persons Kushal and Deepak cannot be held guilty for offence punishable under Section 174A IPC.
Conclusion
29. In the light of testimonies of complainant and eye witnesses which are exonerating accused persons, it is held that prosecution has failed to establish charge against accused persons. Accordingly, accused persons are acquitted of the charge under Sections 308/323/506/34 IPC.
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Accused Kushal and Deepak are also acquitted for offence punishable under Section 174-A IPC. They are directed to furnish bail bonds u/s. 437-A Cr.P.C in the sum of Rs.10,000/- each with surety in the like amount. File be consigned to Record Room.
Announced in the open court on 29th April, 2025.
Digitally signedGAUTAM by GAUTAM MANAN MANAN Date: 2025.05.01 14:53:22 +0530 (Gautam Manan) Addl. Sessions Judge-09/West, Tis Hazari Courts, Delhi.
Judgment Page 13 of 13