STATE Vs. KAMLESH BAHADUR

JUDGEMENT

(1.) The present Criminal appeal is filed under Sec. 378(1) Cr.P.C. to impugn the judgment dtd. 25/3/2019 passed by the Court of Dr. Shahabuddin, Additional Sessions Judge/Special Judge (NDPS), West District, Tis Hazari Courts, Delhi in SC no. 58241/2016 arising out of FIR bearing no.0197/2016 registered under Sec. 308 IPC at P.S. Kirti Nagar whereby the respondents were ordered to be acquitted for the offences punishable under Sec. 308 IPC.

(2.) As per the prosecution, ASI Rakesh on 8/4/2016, after receipt of DD no.17A reached at Acharya Bhikshu Hospital where injured/Sushila Devi was found to be under treatment vide MLC bearing no.12687 E.No. 38080/2016. Thereafter, the statement of the complainant/ Sushila Devi was recorded, wherein she stated that on 8/4/2016, she had asked Anita who is her neighbour to keep the garbage aside on which Anita picked up the garbage in her hand and made a gesture of throwing it towards jhuggi of complainant/ Sushila Devi and said 'I will throw it into your house". In the meantime kamlesh Bahadur/respondent who is the husband of Anita gave a blow by danda on the head of complainant/ Sushila Devi and she sutained injuries on arm and hand. The Complainant/ Sushila Devi was taken to Acharya Bhikshu Hospital. The Investigating Officer, after conclusion of the investigation filed the charge-sheet for the offence punishable under Sec. 308 IPC. The Trial Court of Sh. Rakesh Kumar-I, ASJ, Special Judge (NDPS), West District, Tis Hazari Courts, Delhi vide order dtd. 21/8/2017 framed the charge for the offence punishable under Sec. 308 IPC against the respondent to which he pleaded not guilty and claimed trial. The prosecution had examined 08 witnesses including the injured/Sushila Devi as PW-2 and the doctor as PW-5. The statement of the respondent was recorded under Sec. 313 Cr.P.C on 20/3/2019 wherein he pleaded false implication and denied the incriminating evidence against him. The respondent preferred to lead defence evidence and accordingly, DW-1/ R.P Singh and DW-2 i.e respondent himself ( under Sec. 315 Cr.P.C) got examined.

(3.) The Trial Court of Dr. Shahabuddin, Additional Sessions Judge/Special Judge (NDPS), West District, Tis Hazari Courts, Delhi vide judgment 25/3/2019 opined that the respondent is entitled for the benefit of doubt and accordingly the respondent was ordered to be acquitted. The relevant part of the judgment dtd. 25/3/2019 is reproduced as under:-