Document Fragment View
Fragment Information
Showing contexts for: IPC 427 in State vs . Deepak Kumar & Anr. on 16 October, 2014Matching Fragments
1. The story of the prosecution is that on 08.10.2001 at 8.00pm at Gol Chakkar, Malviya Nagar, New Delhi, falling within the jurisdiction of PS Malviya Nagar both accused persons namely Deepak Kumar and Balbeer Singh in furtherance of their common intention unlawfully restrained the complainant Pulwinder Singh and voluntarily caused simple injuries to him by fist and blows and they both also smashed the windows, pans of the bus bearing no. DL-1PB-1271 and caused damage to the bus and thereby they committed an offence punishable u/s 323/341/427/34 IPC.
2. On the basis of the said allegations and on the basis of the complaint of the complainant, an FIR bearing number 819/01 under section 323/341/427/34 IPC was lodged at Police Station Malviya Nagar.
3. After investigation, charge-sheet under section 173 Cr.P.C was filed on 06.01.2003.
4. On the basis of the charge-sheet, a charge for the offence punishable under section 323/341/427/34 IPC was framed against both the accused persons namely Deepak Kumar and Balbeer Singh and read out to the said accused persons, to which they pleaded not guilty and claimed trial on 25.03.2009.
6. Final arguments were advanced by Ld. Counsel for accused persons and Ld. APP for the state.
7. As the entire prosecution story rests on the statement of complainant being the material witness, in its absence nothing incriminating against the accused persons could be found on record by the prosecution.
8. Hence, no grounds are found to hold the accused persons guilty of the offences as charged. The accused persons namely Deepak Kumar and Balbeer Singh are hereby acquitted of the offence charged u/s 323/341/427 IPC.