SINGHASAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) On 26th February, 2008, an information was received in the Police Control Room with respect to quarrel over teasing of a girl, in Gali No.3, Swaroop Nagar, Mukundkam Extension. The information when conveyed to Police Station Swaroop Nagar was recorded vide DD No.45B and Head Constable Naresh Kumar was informed about it on telephone. On the said date, Seema Devi, Sangeeta Devi, Devender Kumar and Anand Kumar were taken to Babu Jagjivan Ram Hospital in injured condition, by PCR officials.

(2.) When Head Constable Naresh Kumar reached the spot, he came to know that the injured had been taken to Hospital. On reaching the Hospital, he came to know that the injured Seema Devi, Anand Kumar and Devender Kumar had left the Hospital after taking treatment whereas Sangeeta Devi had been declared unfit for statement on her MLC. She had been sent to the Trauma Centre Hospital, Civil Lines. The Head Constable obtained the MLCs and reached the Trauma Centre, where Sangeeta Devi was still unfit for statement. No eyewitness, according to Head Constable Naresh Kumar, met him either in the Hospital or in the Trauma Centre. When Head Constable Naresh Kumar went to Hospital on 1st March, 2008, Satish, husband of Sangeeta Devi, was present there and his statement was recorded by him. The complainant told him that on 26th February, 2008, his daughter aged about 13 years, when she came home, complained to him that a boy named Kallu who was previously known to her and was employed in the bakery of Singhasan in Swaroop Nagar, Mukundkam Extension had teased her. Thereupon, the complainant accompanied by Anand Kumar, Devender Kumar, Seema Devi and his wife Sangeeta Devi reached the bakery of Singhasan, in order to make Kallu see reason and not to tease her daughter in future. When they enquired in this regard, Singhasan who was the owner of the bakery as well as Munna and Kallu became angry and started quarrelling with them and giving beatings to them. Singhasan gave a blow on the head of his wife Sangeeta Devi using an iron rod for the purpose whereas Muna gave a danda blow on the head of Devender Kumar, as well as on the other parts. Kallu gave danda blow to his relative Anand Kumar and Seema Devi. Smt. Kiran, wife of Singhasan, also reached, in the meanwhile, and tried to intervene in the matter but she fell down during scuffle.

(3.) The case of the prosecution is that during the course of investigation, the appellant Singhasan got recovered an iron rod from his bakery whereas the other appellants got recovered one danda each from the said bakery. All the appellants were charge-sheeted under Section 308 of IPC read with Section 34 thereof.