Delhi District Court
State vs Jitender & Ors on 25 April, 2019
IN THE COURT OF Ms POOJA AGGARWAL:
METROPOLITAN MAGISTRATE-04: NORTH-WEST DISTRICT:
ROHINI DISTRICT COURTS: NEW DELHI
FIR No. 255/2010
PS Aman Vihar
State Vs Jitender & Ors
Date of Institution: 02.02.2011
Date of Judgment: 25.04.2019
JUDGMENT
(a) Serial Number of the case : 531003/2016
(b) Date of commission of offence : 17.07.2010
(c) Name of the complainant : Sh Foran Singh,
(d) Name of Accused, their : 1) Jitender, parentage & residence S/o Sh. Chander Deep Singh.
2) Rita Devi W/o.: Sh Narender Singh
3) Narender Singh S/o.: Chander Deep Singh, All R/o H No F-106, Prem Nagar-III, Delhi
(e) Offence complained of : Under Section 323/325/34 IPC
(f) Plea of Accused : Pleaded not guilty
(g) Final arguments heard on : 25.04.2019
(h) Final order : Acquittal BRIEF STATEMENT OF THE REASONS FOR THE DECISION
1) The accused Jitender, Rita Devi and Narender Singh have been sent to face trial for the commission of offences under Section 323/325/34 of the Indian Penal Code (Hereinafter referred to as 'IPC') on the allegations that 17.07.2011 at about 10.00 pm, in front of house no. F- 102, Prem Nagar-III, Delhi in the lane (gali) they had caused simple FIR No. 255/2010 PS Aman Vihar U/s 323/325/34 IPC State Vs Jitender & Ors Page No. 1 of 4 injury to Bantoo and grievous injury to Foran Singh with blunt object (iron rod) in furtherance of their common intention.
2) After completion of the investigation, chargesheet was filed in Court, cognizance of the offences was taken, the accused were admitted to bail after they entered appearance and copy of the chargesheet along with the documents were supplied to them in compliance of Section 207 of the Code of Criminal Procedure.
3) After consideration of the arguments advanced, charge were framed against the accused Jitender, Rita and Narender for the offences under Section 323/325/34 IPC to which they pleaded not guilty and claimed trial.
4) To prove its case, the prosecution examined only one witness as witnesses Foran Singh, Bintu and Ravinder remained unserved even through the office of DCP.
5) PW1 Ct Raghuvinder Singh testified as to the Duty Officer having handed to him the original tehrir and copy of FIR on 19.08.2010 for handing over to the IO upon which PW1 went to the spot and gave them to the IO and the IO also recorded the statement of PW1. He was not cross-examined on behalf of the accused despite opportunity.
6) As PW Bantu, PW Foran Singh and PW Ravinder remained unserved even through the office of DCP and the prosecution could not furnish FIR No. 255/2010 PS Aman Vihar U/s 323/325/34 IPC State Vs Jitender & Ors Page No. 2 of 4 any new address of the public witnesses, the prosecution evidence was closed on the request of the Ld APP for the State.
7) In the absence of the testimony of the complainant/injured as well as public witnesses, as nothing incriminating had come on record against any of the accused, the recording of the statement of accused was dispensed with.
8) Final arguments as advanced by Ld. APP for the State and by Ld. Counsel for the accused have been carefully considered along with the evidence on record.
9) It is a settled proposition of law that in a criminal trial, it is for the State to prove its case beyond all reasonable doubts by leading reliable, co- gent and convincing evidence and it is for the prosecution to ensure that its case is able to stand on its own legs. The prosecution cannot derive any benefit whatsoever from the weakness of the defence of the ac- cused if any. Accused is entitled to the benefit of every reasonable doubt in the prosecution version.
10) In the present case, the injured/eye-witnesses of the case have remained unserved even through the office of the DCP. The remaining witnesses are all police / medical witnesses who are formal in nature whose could have at best proved the nature of the injury if any as well as the investi- gation carried out but could not prove the manner in which the injuries were sustained by the injured not it could prove as to the identity of the FIR No. 255/2010 PS Aman Vihar U/s 323/325/34 IPC State Vs Jitender & Ors Page No. 3 of 4 perpetrators of the offence. There is no other circumstance available on record to prove that it was the accused who had inflicted any injury upon the complainant/injured and in the absence of the same, the prose- cution has failed to prove its case beyond reasonable doubt and hence accused 1) Jitender, S/o Sh. Chander Deep Singh, 2) Rita Devi, W/o.:
Sh Narender Singh and 3) Narender Singh S/o.: Chander Deep Singh, are acquitted for the offences under Section 323/325/34 IPC in FIR No. 255/2010 PS Aman Vihar.
11) The accused are directed to furnish personal bond in a sum of Rs.
20,000/- with one surety in like amount in compliance of provisions of Section 437A of the Code of Criminal Procedure and are directed to be present before the Ld. Appellate Court as and when notice is served upon them.
12) File be consigned to the Record Room after necessary compliance.
Announced in the Open Court Digitally signed by
on 25.04.2019 POOJA POOJA AGGARWAL
AGGARWAL Date: 2019.04.25
17:00:30 +0530
(POOJA AGGARWAL)
Metropolitan Magistrate-04/ North West District Rohini District Court/New Delhi Certified that this judgment contains 04 pages and each page bears my signature. POOJA Digitally signed by POOJA AGGARWAL AGGARWAL Date: 2019.04.25 17:00:51 +0530 (POOJA AGGARWAL) Metropolitan Magistrate-04/ North West District Rohini District Court/New Delhi FIR No. 255/2010 PS Aman Vihar U/s 323/325/34 IPC State Vs Jitender & Ors Page No. 4 of 4