STATE Vs. SANJAY & ORS

JUDGEMENT

(1.) Having heard learned counsel for the State, we are not inclined to interfere with the judgment of acquittal. The case of the prosecution is substantially predicated on the testimony of Ashok Kumar (PW4), the complainant, whose version is ambivalent and does not inspire confidence and suffers from uncertainty and contrariety. As per the version given by Ashok Kumar (PW4), he was a property dealer and had entered into an agreement for purchase of plot no. 104/14 admeasuring 50 square yards at Sant Nagar for Rs.4,70,000/-. On 25th June, 2007, at about 10.30 a.m., on being called, PW-4 proclaims that he had gone to the residence of the respondent-accused Pankaj Tyagi with Rs.1,00,000/- in cash, two General Power of Attornies and two photographs. The reason was that the sale document was to be registered. Noticeably, Ashok Kumar (PW4) has not referred to any witness from his side or purchase and preparation of stamp papers/documents required for registry of sale papers.

(2.) Ashok Kumar (PW4) alleges that he sat in a Zen car in which Pankaj Tyagi, other respondents-accused Vikas Tyagi, Rohit and Sanjay were sitting. The car was driven to thokar no. 5 and 6 via Yamuna Pushta, and deliberately taken to a secluded place at Kharanja, near a tubewell. Why and for what reasons, Ashok Kumar (PW4) did not protested and allowed himself to be driven to a secluded place, is not stated and indicated. PW-4 alleges that at the said location, where no one was present, Pankaj Tyagi had tried to strangulate him, while Vikas Tyagi had caught hold of his hands. PW-4 had raised an alarm and had kicked the window of the car. Rohit at that time had closed the window of the car. Ashok Kumar (PW4) asserts that two phawra dandas, which were lying in the car, were taken out by Pankaj Tyagi and Vikas Tyagi and they had given him a beating. The place where the said dandas were purportedly kept in the car was not stated. Pankaj Tyagi had then snatched the polythene bag containing Rs.1 lac, two General Power of Attornies and two photographs from PW4. Pankaj Tyagi whereupon had asked Rohit to drive the car at a high speed and throw out PW-4 from the running car, so that PW4 would suffer injuries and die, yet the occurrence would appear and look like an accident. Rohit did as suggested and Pankaj Tyagi and Vikas Tyagi with the help of Sanjay had thrown Ashok Kumar (PW4) on the road from the running car. Ashok Kumar (PW4) became unconscious and only after regaining consciousness informed the police at number 100. At the same very time, the car in question was intercepted by a PCR van near Libas Pur bus stand. Ashok Kumar (PW4) was taken in a police vehicle and on the way near Hiranki Burari Pushta crossing, two of the respondents, namely, Vikas Tyagi and Sanjay were found to be standing and were detained. PW4 with the police team then proceeded to bus stand at Libas Pur, where the PCR officers had already apprehended Pankaj Tyagi and Rohit in the Zen car. Pankaj Tyagi and Rohit had produced Rs.90,000/- in cash, two General Power of Attornies and two photographs, which were seized vide recovery memo Ex.PW3/A. To us, this version by PW4 has several aspects which are apparently implausible or questionable. As noticed by us, there are gaps.

(3.) In the cross-examination, Ashok Kumar (PW4) had accepted that he had entered into two transactions with Pankaj Tyagi; one for sale and another for purchase of a plot. Thus business transactions inter-se were accepted. Certain notices, allegedly written by the advocate of Ashok Kumar (PW4), were produced and confronted to Ashok Kumar (PW4). PW4 had accepted that he had filed a suit with regard to the property in question, which was subsequently settled and the case was withdrawn. The said suit was filed by the same advocate, who had issued these notices. In his crossexamination, Ashok Kumar (PW4) has stated that he was pushed out of the car at about 11.30 a.m., and had remained unconscious for some time. He had made the call to the police after 15-20 minutes of regaining consciousness and the police had come to the spot after 10- 15 minutes.