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It is further the case of the prosecution that all the accused in furtherance of their common intention wrongfully restrained Sh. Virender Kumar from proceeding in a direction in which he has a right to proceed.

It is further the case of the prosecution that all the accused in furtherance of their common intention committed criminal intimidation by threatening to kill Virender Kumar.

2) After investigation, charge-sheet was filed against the accused persons. The copy of charge-sheet was supplied to all accused in compliance of Section 207 Cr. P.C. Thereafter, charge was framed against all the accused under Section 323/325/341/506/34 IPC to which all accused pleaded not guilty and claimed trial.

6.3) PW-3 HC Ishwar Singh deposed that on 19.08.11, PW3 was posted at PS Ranhola as a Constable. It is further stated that on that day, on receiving State Vs. Umesh Kumar Shah & Ors FIR No. 174/11 U/s. 323/325/341/506/34 IPC 5/11 DD No. 40A, PW3 alongwith IO went to Harphool Vihar, Ganda Nala, Baprola, Delhi. It is further stated that on reaching there, they met with complainant Manoj Kumar. It is further stated that complainant's statement was recorded by IO. It is further stated that PW3 alongwith tehrir went to PS for registration of FIR. It is further stated that after registration of FIR PW3 alongwith copy of FIR and original tehrir returned to the spot and handed over original tehrir and copy of FIR to IO. It is further stated that thereafter, on 24.08.2011, PW3 alongwith IO and complainant Manoj Kumar went to H NO. 48, Jai Vihar, Baprola, Delhi. It is further stated that in abovementioned house, accused Suman Kumar, Umesh Kumar and Jitender were present. It is further stated that on the pointing out of accused Umesh, one bamboo stick was recovered. It is further stated that pointing out memo is already Ex. PW1/H. It is further stated that the weapon of offence i.e. bamboo stick was put in a white cloth and sealed with the seal of DS. It is further stated that accused Suman Kumar, Umesh Kumar and Jitender were arrested vide memo already Ex. PW1/B, PW1/C and PW1/D. It is further stated that personal search of accused Jitender, Umesh and Suman Kumar was conducted in his presence which is already Ex. PW1/G, PW1/F and PW1/E. It is further stated that disclosure statement of accused Umesh Kumar was recorded vide memo Ex. PW3/A. It is further stated that accused persons were medically examined and thereafter were put in lockup. It is further stated that accused persons namely Suman Kumar and Jitender are present in the court today (correctly identified by the witness). Accused Umesh Kumar has already expired. 6.4) PW-4 Retd. SI Balraj deposed that on 19.08.11, PW4 was posted at PS Ranhola as a Head Constable. It is further stated that on that day, PW4 received DD No. 40A, vide PW4 was informed about the present incident. It is further stated that thereafter PW4 along with Ct. Ishwar Singh reached the spot i.e. Harphool Vihar, Ganda Nala, Baprola, Delhi. It is further stated that State Vs. Umesh Kumar Shah & Ors FIR No. 174/11 U/s. 323/325/341/506/34 IPC 6/11 on reaching there, they got to know that the injured persons were already taken to SGM Hospital. It is further stated that thereafter, they reached the hospital and collected the MLCs of the victims Manoj Kumar and Virender and got to know that the victim Manoj Kumar had already left the hospital after treatment and met the victim Virender who refused to give his statement in the hospital. It is further stated that thereafter, on 24.08.2011, PW4 and Ct. Ishwar reached at the spot and PW4 recorded the statement of victim Manoj Kumar and prepared the tehrir which is already Ex. PW1/A and sent Ct. Ishwar alongwith tehrir to PS for registration of FIR. It is further stated that after registration of FIR he alongwith copy of FIR and original tehrir returned to the spot and handed over original tehrir and copy of FIR to PW4. It is further stated that thereafter, PW4 alongwith Ct. Ishwar and complainant Manoj Kumar went to H NO. 48, Jai Vihar, Baprola, Delhi. In above mentioned house, accused Suman Kumar, Umesh Kumar and Jitender were present. On the pointing out of accused Umesh, one bamboo stick was recovered. Pointing out memo is already Ex. PW1/H. The weapon of offence i.e. bamboo stick was put in a white cloth and sealed with the seal of DS. Accused Suman Kumar, Umesh Kumar and Jitender were arrested vide memo already Ex. PW1/B, PW1/C and PW1/D. Personal search of accused Jitender, Umesh and Suman Kumar was conducted in his presence which is already Ex. PW1/G, PW1/F and PW1/E. Disclosure statement of accused Umesh Kumar was recorded vide memo already Ex. PW3/A. Accused persons were medically examined and thereafter were put in lockup. Accused person Jitender is present in the court today (witness correctly identified accused Jitender). Accused Umesh Kumar has already expired. PW4 prepared the site plan at the instance of complainant Manoj Kumar which is Ex. PW4/A. During investigation PW4 obtained final opinion of Doctor on the MLC of victim Virender and the doctor opined the nature of injury as grievous and State Vs. Umesh Kumar Shah & Ors FIR No. 174/11 U/s. 323/325/341/506/34 IPC 7/11 therefore PW4 added section 325 of IPC in the present case. 6.5) PW-5 SI Balwan Singh deposed that on 18.10.2012, PW5 was posted at PS Ranhola, Delhi as HC and the investigation was market to PW5 and during investigation on the very same day accused Hullash Shah came to PS as PW5 called him and on his arrival at about 01:00 PM, PW5 made a formal arrest of the accused Vide memo Ex. PW-5/A and conducted his personal search vide memo Ex. PW-5/B and he furnished the bond and same are accepted Ex. PW-5/C and recorded his discloure statement Ex. PW-5/D and he join the investigation. It is further stated that PW5 prepared chargesheet in the present matter and submitted before the court and statement of witness were recorded in the present matter.

13. No explanation has been furnished by accused persons U/s 313 of State Vs. Umesh Kumar Shah & Ors FIR No. 174/11 U/s. 323/325/341/506/34 IPC 10/11 CrPC. No defence evidence has been led by accused persons. The whole case of accused perons rest upon lacunae to be found in the case of prosecution. Perusal of the testimonies and medical documents clearly point towards the guilt of accused persons. Ex. PW1/H i.e. document qua recovery of danda has also become relevant U/s 27 of Evidence Act.

14. In conclusion, the accused Jitender, Suman Kumar and Hulhas Shah stand convicted of charged offences U/s 323/325/341/506/34 of IPC.

ANKIT KARAN DigitallySINGH
                                                                   signed by ANKIT KARAN

                                      SINGH                Date: 2026.01.29 17:32:02 +0530


Announced in the open court             (ANKIT KARAN SINGH)
on 29.01.2026                            JMIC-08,West District,
                                         Tis Hazari Courts, Delhi.




State Vs. Umesh Kumar Shah & Ors   FIR No. 174/11     U/s. 323/325/341/506/34 IPC        11/11