State (Nct of Delhi) v. Sanjeev Hans & Ors

SANGITA DHINGRA SEHGAL, J MARCH 29, 2019 SU

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgement Reserved On: March 12th 2019 Judgement Pronounced On:29th March, 2019 + CRL. L. P. 564/2015 STATE (NCT OF DELHI) ..... Petitioner Through: Mr.G.M. Farooqui, APP for State with SI Prabhakaran, PS Dabri versus SANJEEV HANS & ORS ..... Respondents Through: Ms.Astha,Adv. CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL 1. By this petition under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter as 'Cr.P.C'), the petitioner/State seeks leave to appeal against the judgment dated 11.02.2015 passed by the learned Additional Sessions Judge-03, Dwarka Courts, Delhi whereby the respondents (1)Sanjeev Hans, (2)Sunil Jain, (3)Rohit and (4)Pankaj were acquitted of the charge under Sections 304/34, 325/34, 323/34 and 308 of the Indian Penal Code, 1860 (hereinafter as 'IPC') in Sessions Case No. 21/2012 in FIR No. 519/2006, PS Dabri. 2. Brief facts of the case are as under:- "1. The case of the prosecution as per statement dated 24.05.2006 (Ex.PW4/A) of complainant Satyender Prasad (PW4) is that he was residing alongwith his family at House No.RZ-111-A, Gali No. 8, Kailash Puri Extension, New Delhi, and was doing the job of waste paper. Alongwith him, son of his "sala" (brother in law) Niranjan S/o Ishwar Prasad (PW3) and "sala" (brother in law) Arun Prasad S/o Jattu Mahto (PW14) of his (complainant) brother were also residing. In the night (of 23.05.2006) at about 10.00 pm, his son Mritunjay Kumar (PW1) was settling the accounts of labourers. He (complainant) heard noise outside the house, then he alongwith his son Rajiv Kumar (deceased), Niranjan Prasad and Arun Prasad came out. Four boys namely (1) Sanjeev Hans S/o Sh.Charanjeet Hans, (2)Hardeep (Proclaimed offender) S/o Sh.Charanjeet R/o RZB-47, Gali No. 8, Kailash Puri Exten., New Delhi, (3) Sunil Jain S/o Sh.Subhash Chand R/o RZ-57-B, Gali No. 10, Kailash Puri, and (4) Rohit S/o Sh.Jagdish R/o RZ-32, Gali No. 8, Kailash Puri Extn., New Delhi, came there armed with lathies and dandas. They stated that today four boys including your (Mritunjay) brother alongwith one girl were taking liquor in the plot adjoining their house and that they (assailants) will not leave them (victims). While stating this, Sanjeev hit on the head of his son Rajiv Kumar with danda, as a result of which his son sat there only. Thereafter Sunil hit him (Rajiv) with danda and Hardeep (proclaimed offender) and Rohit had hit Arun Prasad and Niranjan Prasad with dandas. Large number of people gathered and they (assailants) absconded. Complainant further stated that he knew all the boys very well. He further stated that PCR got them admitted in the DDU Hospital and his son Rajiv Kumar was taken by his other son Mritunjay to Safdarjung Hospital. 2. As per the rukka, on receiving call vide DD No. 88B and 90B, the present case FIR No. 519/2006 was registered under Section 308/34 IPC against the accused persons. Statement of witnesses were recorded. After conclusion of evidence, charge sheet for the offence under Sections 323/325/308/304/34 IPC was filed against all the five accused persons." 3. Vide order dated 30.05.2006 the charge for the offences punishable under Sections 304/308/325/323/34 IPC was framed against aforesaid accused persons, to which they pleaded not guilty and claimed trial. Vide order dated 10.02.2010, accused Hardeep was declared proclaimed offender. 4. To bring home the guilt of the respondents, the prosecution has examined 18 witnesses in all. Statement of the respondents were recorded under Section 313 of Cr.P.C. wherein they denied the charges framed against them and claimed to be falsely implicated in the case. They had further claimed that, the deceased/Rajiv had died due to the own act of the appellants. Accused Pankaj while taking the plea of alibi had stated that he was not present in Delhi at the time of the incident, and that IO and the complainant have falsely implicated him in the present case. Acc