Delhi District Court
State vs . 1. Manjeet Singh @ Tony on 14 February, 2013
IN THE COURT OF SH. RAVINDER DUDEJA: ADDITIONAL
SESSIONS JUDGE; (EAST) FTC, E-COURT :
KARKARDOOMA COURTS: DELHI.
SESSIONS CASE No. 40/12
FIR No. 97/12
U/S:302/323/34 IPC
PS: Geeta Colony
State Vs. 1. Manjeet Singh @ Tony
S/o Late Sh. Surinder Singh
R/o House No. 83A, 1st Floor,
Rani Garden, Delhi.
2. Harjeet Singh
S/o Manjeet Singh @ Tony
R/o House No. 83A, 1st Floor
Rani Garden, Delhi.
Date of Institution : 09.07.2012
Judgment reserved on : 14.02.2013
Judgment Delivered on : 14.02.2013
JUDGMENT
1. The Prosecution case in brief is that on 01.04.2012 deceased Radhey Shyam, a Vikram driver having been unable to FIR No. 97/12 Page 1 of 11 find the parking space went to the house of his sister at 83A Rani Garden at about 10.30 pm to park his Vikram. Accused Manjeet Singh & Harjeet Singh are father and son. They used to reside on the first floor of H.No.83A, Rani Garden. They prevented the deceased from parking the Vikram. Deceased informed about the same to his nephew Ravi Kumar Ratan. On hearing this Ravi Kumar Ratan alongwith his deceased uncle Radhey Shyam and his aunt Kavita Rani went at the spot i.e. near the house of the sister of the deceased. Accused Manjeet Singh came down and attacked the deceased Radhey Shyam with legs and fist blows and then called his son Harjeet who brought a baseball bat. Accused Manjeet told the accused Harjeet Singh "aaj iska kaam tamam kar dete hain taki gadi khari karne ka jhanjhat hamesha ke liye hi khatam ho jaye". Manjeet Singh caught Radhey Shyam and Harjeet gave blows to him with baseball bat. When Ravi Kumar Ratan tried to save his uncle, he was also beaten with baseball bat causing him injuries. Radhey Shyam became unconscious. He was rushed to Dr. Hedgewar Hospital where he was declared brought dead. FIR was initially registered u/s 304/323/34 IPC on the statement given by the complainant. Postmortem of the deceased was conducted. As per the postmortem report deceased sustained five external injuries. Doctor gave the opinion that injury No.1 was consistent with the fist blows and collectively all the injuries were consistent with assault. As per report the cause of death was brain compression FIR No. 97/12 Page 2 of 11 as a result of cerebral damage which was sufficient to cause death in the ordinary course of nature.
2. On 05.04.2012 accused Manjeet @ Tony was arrested. He gave disclosure statement before the police and got recovered a danda (bat) lying under the bed from his bed room. Complainant identified the said danda. During investigation section 302/323/34 IPC was added in place of section 304 IPC. On 07.04.2012 accused Harjeet Singh was also arrested. On completion of investigation chargesheet was filed against both the accused u/s 302/323/34 IPC.
3. After compliance of section 207 Cr.P.C., the case was committed to Sessions Court. Charge u/s 302/232/34 IPC was framed against accused to which they pleaded not guilty.
4. In order to prove its case, prosecution examined 20 witnesses. PW-1 is Ravi Kumar Ratan. He is the complainant. He deposed that deceased Radhey Shyam was his uncle. He was driver of Vikram Auto and that on 01.04.12 at about 10.15 pm he received a telephone call from his chachi Kavita Rani. He then came to her house. His chachi informed that due to construction work Radhey Shyam could not park his vehicle and has gone to the house of his Bua at Shakar Shambhu Gali, Rani Garden to park the auto and had asked them to bring the auto later. He FIR No. 97/12 Page 3 of 11 stated that he then went to Shankar Shambhu Gali where he found the crowd present. His uncle was lying unconscious on the road but was not bleeding. He alongwith others rushed his uncle to Hedgewar Hospital where he was declared brought dead. He further stated that police came at the hospital and took him to the police station and prepared the report and took his signatures. He further deposed that police inspected the spot and noted the number of the auto of his chacha which was standing outside their gali and not at the place where deceased was found lying. He deposed that he does not know the accused Manjeet Singh and Harjeet Singh. He stated that people of the gali were saying that a quarrel had taken place between his Chacha and accused and on that basis the names of accused were mentioned in the report. He identified his signatures on Ex.PW1/A but stated that he does not know as to what was written therein. He deposed that he had fallen in the gali due to the push given by someone and had received injuries and his blood stained T-shirt was seized by the police vide memo Ex.PW1/B. PW-1 was declared hostile and was cross examined by the Ld. APP. In the said cross examination he stated that he does not know as to whether the accused Manjeet & Harjeet did not allow his uncle Radhey Shyam to park his Vikram and made him return back after pushing him and saying ugly words. He denied that he alongwith his Chacha and Chachi went to talk to Manjeet & his son Harjeet or that hey were called down or that accused Manjeet on coming down attacked his uncle FIR No. 97/12 Page 4 of 11 Radhey Shyam and beat him with leg and fist blows or called his son with baseball bat. He denied that Manjeet Singh said "aaj iska kaam tamam kar dete hain taki gari khari karne me jhanjhat hamesha ke liye khatam ho jaye". He denied that Manjeet caught his uncle and Harjeet hit baseball bat on the head of his uncle. He denied that when he tried to save his uncle, accused Harjeet also attacked him with bat resulting in injuries to him. He denied that he stated in Ex.PW1/A that Manjeet @ Tony and his son Harjeet beat him and murdered his uncle Radhey Shyam and requested for legal action against them. He denied that police prepared the site plan on his instructions.
PW-2 is Omprakash, younger brother of deceased Radhey Shyam. He identified the body of Radhey Shyam vide his statement Ex.PW2/A and received the body after postmortem vide memo Ex.PW2/B. PW-3 is Dr. Reetesh Ranjan. He had prepared the MLC of the deceased which is Ex.PW3/A. He also proved the MLC of PW-1 Ravi which is Ex.PW3/B. PW-4 is HC Ram Pal Singh, duty officer. He recorded the FIR Ex.PW4/A. PW-5 is Mohd. Jahangir. He deposed that he had not seen any incident and does not know anything about this case. He was declared hostile and was cross examined by the Ld. APP. In the said cross examination he denied that on 01.04.2012 at about 10.30 pm he FIR No. 97/12 Page 5 of 11 saw accused Manjeet and his son Harjeet quarreling with Radhey Shyam and his nephew Ravi or that the wife of Radhey Shyam was also present there. He denied that he saw the accused Manjeet & Harjeet beating Radhey Shyam and his nephew or that Harjeet was having a base ball bat in his hand. He denied that Manjeet caught Radhey Shyam and Harjeet beat Radhey Shyam with base ball bat or that when Ravi tried to save him, Harjeet had also beaten Ravi with baseball bat.
PW-6 is Sh. Rajeev Kumar. He had identified the body.
PW-7 is Smt. Kavita, w/o Late Sh. Radhey Shyam. She deposed that on 01.04.12 she had gone to the house of her sister and that at about 2.00 am in the night she received telephonic information about the death of her husband. She then rushed back to her house. She stated that she does not know as to how her husband has died but later she came to know that her husband died because of fall from the stairs. She was also declared hostile and cross examined by the Ld. APP. In the said cross examination she stated that police did not meet her in connection with this case. She denied that on 01.04.12 her husband went to the house of her sister at 83-A Rani Garden to park Vikram but Manjeet @ Tony and his son Harjeet did not allow her husband to park his auto and abused him and manhandled him. She denied that at about 10.30 pm she alongwith her husband Ravi went to the house of Manjeet and asked Manjeet about the manhandling of her husband upon which Manjeet again started beating her husband with kick and blows. She denied that Harjeet came there with bat in his FIR No. 97/12 Page 6 of 11 hand. She denied that Manjeet asked his son to kill her husband or that Harjeet gave several blows with bat to her husband and to Ravi or that her husband became unconscious.
PW-8 is Pawan Kumar. He deposed that deceased Radhey Shyam was his Mama and that on receiving the telephonic information from his friend that his Mama had fallen down from the staircase and was lying unconscious in the gali, he rushed there but by that time his Mama had already been taken to hospital. After some time he came to know that he had expired. He stated that police once called him at police station and arrested him stating that the same had been recovered. He deposed that his statement was not recorded. PW-8 was also declared hostile by the Ld. APP. In the said cross examination he denied that on 01.04.12 at about 10.30 pm accused Manjeet & Harjeet beat his Mama Radhey Shyam due to which he died. He denied that on 05.04.2012 accused got recovered danda lying under the bed from his bed room in his presence. He identified his signatures on the seizure memo Ex.PW1/E but denied that the danda was kept in cloth pullanda and sealed in his presence.
PW-9 is Inspector Anil Kumar Bhardwaj. He is the part IO. On 26.05.12 he recorded the statement Mohit and Raman. He had also recorded the statement of Ct. Sonu, Draftsman and prepared the chargesheet.
PW-10 is Mohit. He is the son of the deceased. He deposed that he was informed by some one that his father was lying FIR No. 97/12 Page 7 of 11 unconscious near the house of his bua at Rani Garden. He immediately rushed there but his father had already been taken to the hospital. He then went to Hedgewar Hospital where the doctor declared his father dead. He deposed that he does not know the cause of his death and even does not know the accused. PW-10 was also declared hostile and cross examined by the Ld. APP. In the said cross examination he denied that he alongwith his cousin Raman reached at the house of his Bua at Rani Garden where he saw his father lying unconscious. He denied that his mother was present at the spot and was crying and saying that his father was killed by Manjeet & Harjeet. He denied that Manjeet & Harjeet were also standing at the spot or that accused Harjeet was having baseball bat in his hand. He denied that his cousin Ravi was also standing there in an injured condition.
PW-11 is Raman Kumar. He deposed that deceased Radhey Shyam was his uncle and on hearing the news he came out and somebody told him that his uncle was lying unconscious in the gali. He went there and came to know that his uncle had been rushed to Hedgewar Hospital. He went to the hospital where he came to know that his uncle Radhey Shyam was declared dead. He deposed that he does not know as to who committed the murder of his uncle. He was also declared hostile and was cross examined by the Ld. APP. In the said cross examination he denied that his uncle Radhey Shyam died in front of the house of his Bua. He denied that he on hearing the news he alongwith his cousin Mohit went at the spot and saw Radhey Shyam lying unconscious. He denied that his brother Ravi was also standing there with injuries. He denied that accused Manjeet & Harjeet were FIR No. 97/12 Page 8 of 11 standing at the spot or that Harjeet was having a baseball bat in his hand or that his aunt Kavita was crying and saying that accused Manjeet & Harjeet had killed Radhey Shyam.
PW-12 is SI Yogesh Kumar. He is the part IO. On receipt of DD No.39A Ex.PW12/A, he alongwith Karlose Topo went to Hedgewar Hospital where he collected the MLC of Radhey Shyam who was declared brought dead. There he recorded the statement of injured Ravi Kumar and sent the body to Subji Mandi Mortuary. Thereafter, Inspector Ranbir Singh Khatri came at the hospital. Then he alongwith Inspector Khatri came at the spot which was inspected by the Crime Team. He had prepared the rukka Ex.PW12/A which was sent to police station for the registration of FIR through HC Rakesh. Motorcycle and the broken flower pot were seized from the spot vide memos Ex.PW1/C & Ex.PW1/D respectively. The blood stained T-shirt of injured Ravi was seized vide Ex.PW1/B. Site plan Ex.PW12/B was prepared on the pointing out of Ravi. He had also prepared the inquest documents vide Ex.PW12/C and after postmortem handed over the body of the deceased to his relatives. On 05.04.12 he arrested accused Manjeet Singh on the basis of secret information and then at the instance of Manjeet recovered the leg of the dining table which appeared like base ball danda which was lying under the bed from the bed room of Manjeet at his instance. On 06.04.12 Inspector R.S.Khatri arrested the co-accused Harjeet on the basis of secret information from the parking of Welcome Station in his presence and gave disclosure statement Ex.PW12/I. On 11.04.12 he deposited the exhibits at FSL.
FIR No. 97/12 Page 9 of 11PW-13 is ACP Ranbir Singh Khatri. He took over the investigation on 07.04.12 and arrested the accused Harjeet.
PW-14 is Ct. Vikas from Mobile Crime Team. He took nine photographs of the spot which are Ex.PW14/A-1 to Ex.PW14/A-9.
PW-15 is HC Sonu Kaushik, Draftsman. He prepared the scaled site plan Ex.PW15/A. PW-16 is SI Naveen Kumar, Incharge Mobile Crime Team. He had inspected the scene of crime.
PW-17 is HC Amar Singh. He recorded DD No.38A Ex.PW17/A. PW-18 is Ct. Karlos Toppo. He was dropped by the Ld. APP being formal in nature.
PW-19 is HC Rakesh Kumar. He is the witness of investigation. He took rukka to the police station for getting the FIR registered.
PW-20 is Dr. Kulbhushan Goel. He conducted the postmortem of the deceased. He prepared the MLC Ex.PW20/A.
5. All the eye witnesses including injured Ravi Kumar Ratan FIR No. 97/12 Page 10 of 11 (PW-1) are completely hostile. There lengthy cross examination by the Ld. APP has not been fruitful and thus no incriminating evidence has come on record against accused which may prove the charge against them. The statements of accused were therefore dispensed with. Since there is no evidence what so ever against the accused, both of them are acquitted. Their bail bonds are cancelled. Sureties are discharged. However, they are directed to furnish bonds in the sum of Rs. 10,000/- with surety of the like amount each for a period of six months under Section 437-A Cr. PC. File be consigned to Record Room.
ANNOUNCED IN THE OPEN (RAVINDER DUDEJA)
COURT ON 14.02.2013 ASJ/FTC/E-COURT/KKD/DELHI.
FIR No. 97/12 Page 11 of 11