Document Fragment View

Matching Fragments

4. Based on said statement, FIR in question was registered and investigation ensued.

State Vs. Anuj Prasar (SC NO. 526/2022) Page 2 of 14

5. Investigation was marked to SI Nand Kishore, who recorded statements of witnesses, prepared site plan, collected medical record of victim / complainant, seized blood stained shirt of complainant, prepared memos and deposited the case property which included shirt of complainant in police station by sealing it with the seal of 'MKK'. Further investigation was carried out by SI Prem Singh, who obtained sanction under Section 195 Cr.PC and added Section 333 IPC. Thereafter, he filed chargesheet in the Court.

28. Besides above public witnesses, prosecution examined two police witnesses viz., PW3- Inspector Prem Singh & PW4- Inspector Nand Kishore. Both of them investigated the matter at different stages, during investigation.

State Vs. Anuj Prasar (SC NO. 526/2022) Page 9 of 14

29. So far as PW3- Inspector Prem Singh was concerned, he had simply obtained complaint u/sec. 195 CrPC, from concerned authority and thereafter, had added sec. 333 IPC. Later on, he filed charge-sheet in the court. His investigation, was therefore limited to that extent only. He was not cross-examined with regard to the said investigation part and therefore, he was able to prove the facts, mentioned by him in his testimony, through his ocular version. I believed the said version to be trustworthy and reliable.

State Vs. Anuj Prasar (SC NO. 526/2022) Page 13 of 14

41. Further, it was proved beyond reasonable doubt that on the above mentioned day, time and place, accused had beaten the above mentioned public servant, who was discharging his official duty of driving bus in question. The said beatings, resulted in causing grievous hurt to the said driver, as per medical report Ex.PA-7. Therefore, accused committed offence punishable u/sec. 333 IPC.

42. Lastly, it was also proved beyond reasonable doubt that on the above mentioned day, time and place, accused abused and assaulted driver of bus in question, who was driving public bus and was a public servant and therefore, prevented him from exercising his duties as public servant. Therefore, accused committed offence punishable u/sec. 353 IPC.

43. Accused is therefore, convicted for offence punishable U/Sec.186/333/353 IPC.

Announced in the Open Court Today.

[PRASHANT SHARMA] ASJ-02, South-East/Saket/Delhi 06.10.2023