State vs 1. Sanjeev Tomar, S/O Babu Singh Tomar, on 31 October, 2014

The above named accused persons were booked by SHO PS Karawal Nagar U/s 147/148/149/308/323/452/427/34 IPC and have faced trial for having committed the said offences.

2. :FACTUAL MATRIX: It is the case of the prosecution that on 06.05.2009 a PCR call vide DD No.12(A) regarding quarrel at Chauhan Pur, Sahadat Pur, Gali No.1, Near Little Star Public School, MCD Govt. School, was received in PS Karawal Nagar, and the said DD was entrusted to ASI Rajmal, who alongwith Ct. Rajesh reached to the scene of occurrence, where stones were scattered on road. The mirrors of the maruti 800 car having registration no.DL5CC5325, which was parked in front of house no.75 were broken. No eye witness was found present at the spot. In the meantime, SHO alongwith his staff and ACP Gokal Puri also reached at the spot. Local enquiry was made, which revealed that injured persons have been taken to GTB hospital. ASI Rajmal called Crime Team at the spot, which took photographs of the scene of crime. ASI deputed Ct. Rajesh at the spot with directions to preserve the scene of crime and went to GTB Hospital alongwith Ct. Anil and he collected the MLCs of injured persons namely Laxmi Chand Tomar (MLC No.A1846/ 09 result U/o blunt), Khajan Singh (MLC No.B1810/09 result U/o blunt), Fateh Singh (MLC No.A1847/09 result U/o blunt), Smt. Pushpa (MLC No.B1807/09 result U/o blunt), Satpal Tomar (MLC No.C1796/09 result U/o blunt), Kanta Devi (MLC No.1793/09 U/o Blunt) and Surender (MLC No. D546/09 result U/o blunt). ASI also collected the MLCs of injured persons namely Niranjan Singh (MLC No.B1809/09 result U/o blunt), Chaillu (MLC No.D545/09 result U/o blunt), Rattan Singh State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 3 of pages 10 Tomar (MLC No.D548/09 result U/o blunt), Harender Tomar (MLC No.D547/09 result U/o blunt), Sanjeev Tomar (MLC No. D1794/09 result U/o blunt) Smt. Dhanno Devi (MLC No. C1795/09 result U/o blunt) and Smt. Shakuntala (MLC No. C1792/09 result U/o blunt) and kept it pending. ASI Rajmal recorded the statement of injured Laxmi Chand Tomar, wherein he stated that on 06.05.2009 at about 2.00 p.m he received a phone call of one Malkhan Singh from his village Chuhan Patti, Delhi informing thereby that Shyam Sunder Goel, Suresh, Gopal Chand, Neeraj, Sunil and others had broken the lock of his land of khasra no. 398/2. At about 2.30 p.m, Sanjeev, Anil, Dheeraj, Gopal, Sunil, Pappal @ Dharam Veer, Suresh, Jogi, Upender, Mannu assembled near his house at New Chauhanpur, Karawal Nagar and they all were abusing him, Suresh and their family members in filthy language. They also uttered that they had broken the lock of his land of Chauhan Patti and now they would beat them and asked them to come outside their house. He told them that there was a marriage in their family on 07.05.2009 and 08.05.2009 and their relatives are present in their house and he asked them not to abuse them. He also told that since their cases are pending in the court and therefore they will resolve their differences in the court by lawful means. At this Neeraj and Sunil stated that he was behaving like a lawyer and they would see his advocacy. Thereafter Sunil had hit him on his head with farsa and Neeraj hit him on his head with lathi. He raised alarm, to which Surender had come out of his house and then Neeraj after snatching Farsa from Sunil, caused injury to Surender with farsa on his head with intention to kill him and Gopal caused injury to Surender with lathi. Due to this Surender fell down. In the meanwhile when his father Fateh Singh came out of the house to save them, Chhellu and Gopal caused injury to him on his State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 4 of pages 10 head with lathi and they entered in their house. When his sister Kanta objected to it, Anil caused injury to her with brick and Sunil gave lathi blows to her. In the meantime when one of his relatives namely Satpal came outside of his house, Pappal @ Dharamveer and Chellu beaten him with lathies. On hearing noise when Khazan Singh had come out of his house to save them, Anil and Praveen caused injuries to him on his head with lathi. When his cousin Pushpa came to their rescue, Dhanno and Shakuntala caught hold of her and beaten her with fists and kicks. Bhupender, Praveen, Anil, Jogi, Sunil, Neeraj, Sanjeev, Chellu, Gopal and Pappal had entered in his house and broken the glasses of window and had also damaged their Maruti 800 car having registration no.DL5CC 5325. In the process of saving them, the opposite party had also sustained injuries. In the meanwhile Rattan Singh of opposite party also come over there and beaten him, his father Fateh Singh, and his sister Kanta Devi inside their house. On the facts and circumstances, MLCs of the injured and statement of complainant FIR in the instant matter was registered U/s 147/148/149/308/452/427 IPC. Investigation of the case was assigned to Insp. C.M Meena, who during investigation inspected the scene of crime, prepared site plan of the place of occurrence and took into possession of the pieces of glass and bricks into police possession. Above said Maruti car was also taken into possession. Inspector C.M. Meena also joined injured Surender, Satpal Tomar, Pushpa, Fateh Singh, Khajan Singh and Smt. Kanta in the investigation. Their statements U/s 161 Cr.P.C were recorded. On the identification of complainant, Niranjan, Harender Tomar, Rattan Singh Tomar, Sanjeev Tomar, Smt. Dhanno Devi and Smt. Shakuntala Devi were arrested in this case. On 07.05.2009, injured Fateh Singh, Laxmi Chand Tomar, Surender Singh Tomar, Satpal Singh Tomar, Khajan Singh and Smt. Kanta Devi State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 5 of pages 10 produced their clothes having blood stained thereupon before Insp. C.M. Meena in the Police Station, which they were wearing at the time of incident. Said clothes were taken into police possession by said Inspector. On the order of court, said Maruti car was released on superdari. Accused Bhupender Singh, Suresh, Jogi, Mannu @ Manoj, Chaillu, Gopal Chand, Pappal @ Dharmbir, Parveen Kumar, Anil Kumar Sunil Kumar Tomar, got anticipatory bail from Hon'ble High Court and accordingly said Inspector after formally arresting the said accused persons in this case, released them on bail. Statement of witnesses were recorded. Result on the MLCs were collected. Thereafter, further investigation of the case was assigned to Insp. Lekh Raj Crime Branch, who inspected the spot, prepared site plan and asked the complainant to produce any independent witness but no witness could be produced. Insp. Lekh Raj interrogated the PCR staff and recorded their statements U/s 161 Cr.P.C recorded. Thereafter, on the transfer of Insp. Lekh Raj, investigation of the case was transferred to SI Sumer Singh, who after completion of investigation of case, presented the charge sheet before the court of concerned Metropolitan Magistrate.

3. After supply of copies etc, Ld.MM committed the case to the court of Sessions where after due deliberation charge charge U/s 147/148/149/308/323/452/427/34 IPC was framed against all the accused persons, to which they pleaded not guilty and claimed trial. Thereafter, the case was fixed for prosecution evidence.

4. To prove its case, the prosecution has cited as many as thirty five witnesses out of them it has examined eight witnesses i.e. PW1 Laxmi Chand Tomar, PW2 Smt. Kanta, PW3 W/ASI Jag Roshni (who proved on record copy of DD No.12A, her endorsement made on rukka and carbon copy of FIR as State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 6 of pages 10 Ex.PW3/A, Ex.PW3/B & Ex.PW3/C respectively), PW4 Fateh Singh, PW5 Satya Pal, PW6 Surender Tomar, PW7 Khazan Singh and PW8 Smt. Pushpa. Out of the above said eight witness, seven witness, except PW3 W/ASI Jag Roshni, are the star witnesses of the prosecution being complainant, injured and eye witnesses of the occurrence and none of these material witness has supported the case of the prosecution.

8. File be consigned to Record Room after completion of necessary formalities.

(Announced in Open court                                (RAKESH KUMAR) 
       st
on 31  October, 2014)                        Addl. Sessions Judge/North East,
                                                  Karkardooma Courts, Delhi 

State Vs. Sanjeev Tomar etc. (SC No.123/2012)                      Page No. 8 of pages 10

                                                PS Karawal Nagar 
                                                U/s 147/148/149/308/323/452/427/34 IPC
                                                State Vs. Sanjeev Tomar etc. 
31.10.2014

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