ANITA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) BY way of Crl.Rev.P. Nos. 696/2010, 715/2010 and 716/2010 the Petitioners/accused persons pray that the charges under Section 302/341/34 IPC framed qua them be quashed. However, by way of Crl. Rev. P. Nos. 788/2010 and 481/2010, the complainant prays that directions be passed for framing of additional charge under Section 149 IPC in addition to the charges already framed against the accused persons in Case FIR No. 239/2009 registered at PS Harsh Vihar, Delhi.

(2.) BRIEFLY, the facts giving rise to the present petitions are that on 19 th December, 2009, FIR No. 239/2009 was got registered by Complainant Atul Sharma against Ram Niwas Sharma, Saroj, Hari Dutt Sharma @ Hari Om, Brijesh Kumar, Anita, Yashoda Devi, Ashish Bardwaj and Raju. The Complainant alleged that on 19th December, 2009 at about 9:30 a.m. he along with his younger brother Sachin was carrying a gas cylinder on motorcycle bearing No. DL-13SC-7648 from his house. When they reached in front of C-1/716, Gali No. 25(house of Hari Om @ Hari Dutt) somebody threw one brick on him from the house of Hari Om, however the same hit the tank of his motorcycle. When the complainant looked upwards, Ram Niwas and his wife Saroj Sharma were stating that "tu to bach gaya, lekin teri motorcycle ka nuksan ker hi diya". Atul Sharma further stated that due to the said instance, he got scared and ran away a short distance. His aunt (bua) Maya Devi came there and asked them as to why they were beating her nephew. On this Hari Om said that her nephew was saved but she should be taught a lesson. During this time, Hari Oms wife Yashoda along with her niece, the daughters of Brijesh, came there and caught hold of Maya Devi. Brijesh, Hari Dutt and Ram Niwas started hitting Maya Devi with bricks. Their sons Ashish and Raju started abusing and hitting Maya Devi with slaps and fists. Maya Devi started bleeding from her head and became unconscious. Somebody called the PCR, which took Maya Devi to GTB hospital. On this statement of Complaint Atul Sharma, case under Section 341/427/308/341 IPC was registered. On 22nd December, 2009 Maya Devi expired. Thereafter, Sections 302/149 IPC were added in the FIR. Learned Additional Sessions Judge after hearing counsels for the parties at length framed charges under Sections 341/302/34 IPC against all the accused persons. A separate charge for offences punishable under Sections 307/34 IPC was framed against accused Ram Niwas and Saroj.

(3.) LEARNED APP for the State contends that the petitions filed by both the complainant and the accused persons are liable to be dismissed. It is sated that the complainant in his complaint has clearly stated and defined the role of each of the accused person. Accused Anita along with accused Yashoda caught hold of the deceased Maya Devi while Brijesh along with Ram Niwas attacked her with bricks. LEARNED APP further states that the order on charge is an elaborate order wherein learned Additional Sessions Judge has clearly dealt with each and every argument raised by both the accused persons and the Complainant. The present case is at the stage of evidence and no interference of this court is called for as there is no illegality in the impugned order. The contention of learned counsel for complainant that the learned Additional Sessions Judge has erred in invoking Section 34 IPC instead of Section 149 IPC is meritless as though common intention can be inferred, there is no evidence of common object. Thus, the present petitions are liable to be dismissed. 5. I have heard learned counsel for the parties.