Interim Order 31

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC 365/2023
STATE VS. RAHUL
FIR NO.151/2023
PS: SOUTH CAMPUS
ORDER ON CHARGE
1. Vide this order, I shall decide the aspect of charge.
2. It is argued by the respective Ld. Defence Counsels
that no case is made out against any of the accused persons for
the offences alleged against them. It is argued that the present
chargesheet has been filed on the basis of the disclosure
statement. There are major contradictions in the statement of Ms.
Harshita recorded under S. 161 Cr.P.C. and S. 164 Cr.P.C. The
weapon of offence has been planted upon accused Rahul. The
weapon of offence was used by CCL ‘AN’ and not by any of the
accused persons charge-sheeted in the present court. It is prayed
that all the accused persons be discharged from all the offences.
3. Per contra, it is argued by ld. Addl. PP for the State
that after the incident dated 11.06.2023 regarding some quarrel
inside and outside Aryabhatt College, the accused persons were
annoyed with deceased Nikhil and wanted to teach him lesson
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PS: SOUTH CAMPUS
and take revenge of the incident dated 11.06.2023. All the
accused persons alongwith CCL ‘AN’ and CCL ‘AJ’ hatched
criminal conspiracy to commit murder of Nikhil. They in
furtherance of their criminal conspiracy prepared forged ID card
of Harun and both the CCLs as they were not students of
Aryabhatt College. They in furtherance of the criminal
conspiracy committed murder of Nikhil on 18.06.2023 outside
Aryabhatt College. It is further submitted that as per the CCTV
footage, many of the accused persons are seen fleeing from the
spot. Ms. Harshita who was present with the deceased at the
time of incident and is an eye witness to the incident has
disclosed the name of accused persons and also identified them.
It is submitted that charge for the offence under S. 120B/302/34
IPC is made out against all the accused persons. It is submitted
that since accused Rahul and Raj Singh alongwith Harun and
both CCLs prepared forged ID cards of Harun and both CCLs,
offence under S. 419/468/471/120B/34 IPC is made out against
these accused persons. It is further submitted that the knife which
was used in the commission of the offence was purchased by
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STATE VS. RAHUL
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PS: SOUTH CAMPUS
accused Rahul and handed over to CCL ‘AN’, hence, offence
under S. 25 Arms Act is made out against accused Rahul. It is
prayed that the charges be framed accordingly.
4. Heard, ld. Addl. PP for the State and ld. defence
counsels and perused the complete chargesheet.
5. The case of prosecution is that on 18.06.2023, PCR
call vide GD No. 16A was received by ASI Surender. On receipt
of the said call, he alongwith Ct. Tong Singh reached Charak
Palika Hospital, where they came to know that patient namely
Nikhil S/o Sanjay aged 19 years was brought 'declared dead' with
alleged history of stab injury at Aryabhatt College (hereinafter
referred to as College) Gate on 18.06.2023. The injury around 8 x
6 x 4 cm present 5 cm lateral to sternum 3rd and 4th ICS region
mentioned. The matter was reported to the senior officials. On
the instructions of senior officials, Ct. Satender was sent for
protecting the place of incident i.e. Gate of the College, Benito
Marg. On the basis of GD No. 16-A, FIR u/s 302/34 was lodged
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FIR NO.151/2023
PS: SOUTH CAMPUS
against unknown persons. The further investigation was taken up
by SHO/Insp. Naresh Kumar.
5.1. As per the investigation, CCTV cameras installed at
Benito Marg and at the College were checked and the CCTV
footages were analyzed. As per the CCTV footage, few boys
were seen running away on bike and scooty. During
investigation, friend of deceased Nikhil namely Harshita @
Harshu alongwith other persons namely Anjali, Himanshu,
Faizan, Chattar Singh and Vinay were examined. These persons
were friends of Nikhil and they were present with him at the time
of incident and took him to Charak Palika Hospital.
5.2. Ms. Harshita is stated to be the eye-witness of the
incident. Her statement u/s 164 Cr.P.C. was got recorded. She in
her statement u/s 164 Cr.P.C. stated that :
“She was known to Nikhil for the last two
years. Nikhil was studying in South Campus
Aryabhatt College. On 11.06.2023, they both went
to the College. After entering the college, at
around 11-11:30 am, she, Nikhil, Virat, Anju,
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Akash, Goli, Monish and their other friends were
sitting in the canteen. There was a lot of noise in
the canteen as many people were playing games
and enjoying. Their professor asked them to leave
from there. They sat in the ground. There Vishal,
brother of Bunty came near them and told them
that few people have beaten his younger brother
Bunty. He asked them to accompany him to know
the reason for the same. When they went outside
the college to talk to the people who had beaten
Bunty, around 2-3 people were standing there
whom she does not know. In the meantime,
somebody threw brick from the backside which hit
one boy due to which he suffered injury. Nikhil
pushed the person who had thrown the brick.
Then, quarrel took place between the boys who
were standing there. She took Nikhil away from
the place of incident. Then, they sat in the park
near the college. Then, Dhruv and Sachin reached
there and the quarrel was sought out. Then
everybody went back to their respective houses.
That on the next day i.e. 18.06.2023, there
was exam at the College. Due to the same, they
did not get entry in the college and they sat in the
park near the college. She and Nikhil were
walking ahead while their friends were following
them. In the meantime, 4-5 boys came in front of
her and Nikhil and started beating Nikhil. One of
the said boys was wearing black T-shirt and black
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band in his hand. He pushed her. His name is
Harun. As soon as he pushed her, she took out the
cover from his face and saw his face. One of the
boys shouted “Rahul maar isko, ye college ka
hero banta hai”. Then, she saw that one of the
boys stabbed Nikhil in his chest. Then, one of the
boys shouted “Rahul, Harun aur Anas bhaag
yaha se”. Then, the said boys ran away on the
scooty and motorcycles which were parked
nearby. The number of one of the scooty is
“0105” and it was white color Jupiter. She
further stated that the person who had stabbed
Nikhil, his name is Anas as the other boys were
calling him by the said name during the incident.”
6. It is stated in the chargesheet that during
investigation, on analysis of the CCTV footages, unknown scooty
no. DL-4SDF-2053 was found registered in the name of Seema.
On inquiry, Seema disclosed that she had given her scooty to her
sister Rehana and is being used by Harun S/o Rehana. Harun was
interrogated, who admitted the commission of the offence and
further disclosed that on 18.06.2023, he at the instance of his
friend Rahul went to the College on the scooty with Rahul.
Alongwith them, their friends Raj, Yash, CCL ‘AJ’ & CCL ‘AN’
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also went to the College. They had fight with Nikhil and during
the said fight / quarrel CCL ‘AN’ stabbed Nikhil with the knife.
Thereafter, all these named accused persons were interrogated
and arrested. At the instance of accused Harun, the scooty No.
DL-4SDF-2053 and wrist band was seized.
7. At the instance of accused Harun, Rahul was
interrogated who disclosed about the incident and narrated the
incident dated 11.06.2023. He further stated that they came to
know that the person who had beaten Anshu on 11.06.2023 is
Nikhil who is the student of SOL at the College. They planned to
teach him lesson on 18.06.2023. Talim, Raj and David who are
their friends in the college were also involved in the planning. He
further disclosed that he alongwith Raj made fake SOL Admit
Card for CCL ‘AJ’, CCL ‘AN’ and Harun by editing SOL student
cards from their mobile phones as Harun, CCL ‘AJ’ & CCL ‘AN’
were outsider and there could be problem in their entry in the
college. CCL ‘AJ’ was apprehended and produced before the
concerned JJB. At the instance of CCL ‘AJ’, the clothes which
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he was wearing on the date of incident were seized. At the
instance of the accused persons, accused Yash was interrogated
and apprehended. His disclosure statement was recorded.
8. All the accused persons refused for their TIP. It is
alleged in the chargesheet that it is the accused Rahul who gave
the knife to CCL ‘AN’. At the instance of CCL, the clothes which
he was wearing on the date of incident, his mobile phone, the
buttondar knife / weapon of offence and the scooty DL 4X CS
0105 white TVS Jupiter were seized.
9. The CDR alongwith location chart of all the accused
persons was obtained. From the mobile of accused Rahul and Raj
Singh in the file manager, fake admit cards of Harun, CCL ‘AJ’
& CCL ‘AN’ were found. They had deleted the same from their
Whatsapp. Screenshot prints of these fake admit cards were
verified from Dy. Director, School of Open Learning, South Moti
Bagh and were found to be fake. The name and photograph on
the admit card of Harun and Rahul were also found to have been
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PS: SOUTH CAMPUS
made by editing the admit card.
10. On the basis of above discussion, it is evident that all
the accused persons hatched criminal conspiracy between
11.06.2023 to 18.06.2023 to take revenge from Nikhil about the
incident of quarrel dated 11.06.2023. Accused Rahul and Raj
Singh alongwith co-accused Harun and both CCL ‘AJ’ and ‘AN’
in furtherance of their criminal conspiracy, since Harun and both
CCL were not students of Aryabhatt College, prepared their fake
ID cards for facilitating their entry in the college for commission
of the offence. All the accused persons alongwith both CCL on
18.06.2023 committed murder of Nikhil outside Aryabhatt
College, Benito Marg, New Delhi by stabbing him with knife.
The weapon of offence i.e. the knife was handed over by accused
Rahul to CCL AN which was used for the commission of the
offence and was lateron recovered at the instance of CCL ‘AN’
alongwith other case property. Both CCL ‘AN’ and ‘AJ’ are
facing trial before the concerned JJB.
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FIR NO.151/2023
PS: SOUTH CAMPUS
11. On the basis of material available on record, prima
facie offence under S. 120B/302/34 IPC is made out against all
the accused persons. Further prima facie offence under S.
419/468/471/120B/34 IPC is made out against accused Rahul,
Raj Singh and Harun. Prima facie offence under S. 25 Arms Act
is made out against accused Rahul.
(KIRAN GUPTA)
Addl. Sessions Judge-04
Patiala House Courts
New Delhi/17.05.2024
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