Order 20

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF HARVINDER SINGH,
ADDITIONAL SESSIONS JUDGE (FTC),
SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI
JUDGMENT
CASE NO.01
SC No.184/2019
FIR No.191/2014
PS – Harsh Vihar
State Vs. Sharda & Ors.
CNR No.DLSH01-002368-2019
(a) SC number of case 184/2019
(b) Date of offence(s) 04.05.2014
(c) Complainant Birjesh S/o Sh. Inder Jeet R/o H.
No.240, Gali No.6, Band Gali,
Mandoli Chungi, Mandoli
Extension, Delhi.
(d) Accused person(s) (1) Sharda W/o Sh. Aashish Barwa,
(2) Akash S/o Sh. Aashish Barwa
and ;
(3) Komal W/o Sh. Akash
All three R/o H.No.42, Gali No.6,
Band Gali, Mandoli Chungi,
Mandoli Extension, Delhi – 110
093.
(e) Offence(s) punishable
under Section
308, 323 and 341 of The Indian
Penal Code, 1860 all read with
Section 34 of The Indian Penal
Code, 1860
(f) Plea of the accused Pleaded not guilty
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person(s)
(g) Final Order Convicted
(h) Date of institution 02.02.2016
(i) Date when judgment
was reserved
Not reserved
(j) Date of judgment 14.09.2026
CASE NO.02
SC No.210/2023
FIR No.326/2014
PS – Harsh Vihar
State Vs. Inderjeet & Anr.
CNR No.DLSH01-004354-2023
(a) SC number of case 210/2023
(b) Date of offence(s) 04.05.2014
(c) Complainant Sharda W/o Sh. Aashish Barwa R/o
H.No.42, Gali No.6, Band Gali,
Mandoli Chungi, Mandoli
Extension, Delhi – 110 093.
(d) Accused person(s) (1) Inderjeet S/o Sh. Ram Lal and ;
(2) Smt. Brijesh W/o Sh. Inderjeet
Both R/o H.No.232, Gali No.7,
Near Koyle Ki Taal, Mandoli
Vistar, Delhi – 110 093.
(e) Offence(s) punishable
under Section
323, 341, 506 of The Indian Penal
Code, 1860 all read with Section 34
of The Indian Penal Code, 1860
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(f) Plea of the accused
person(s)
Pleaded not guilty
(g) Final Order Convicted
(h) Date of institution 08.09.2017
(i) Date when judgment
was reserved
Not reserved
(j) Date of judgment 14.09.2026
INTRODUCTION : -
1. Vide this common judgment, this Court shall decide
trial of above two matter as they have arisen out of same
transaction. The trial of first case is for offences punishable under
Section 308, 323 and 341 of The Indian Penal Code, 1860
(
hereinafter referred to as IPC) all read with Section 34 of IPC
against accused persons Sharda, Akash and Komal which has
culminated from final report/charge-sheet filed by investigating
agency after conclusion of investigation of FIR registered on
statement of complainant Birjesh of said matter. The
allegations/charges leveled in the charge-sheet against accused
persons Sharda, Akash and Komal are that on 04.05.2014 at about
10:30 am at H.No.240, Gali No.6, Mandoli, Delhi, accused
persons in furtherance of their common intention wrongfully
restrained Inderjeet from proceeding in direction he had right to
proceed, caused injuries upon head of Inderjeet with danda, upon
head of Kajal with rod and upon person of Brijesh with other
beatings. According to final report/charge-sheet of said matter,
accused persons Sharda, Akash and Komal have committed
offences punishable under Section 308, 323 and 341 of IPC all
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read with Section 34 IPC. The trial of second case is for offences
punishable under Section 323, 341, 506 of IPC all read with
Section 34 of IPC against accused persons Inderjeet and Birjesh
which has culminated from final report/charge-sheet filed by
investigating agency after conclusion of investigation of FIR
registered on statement of complainant Sharda of said matter. The
allegations/charges leveled in the charge-sheet against accused
persons Inderjeet and Birjesh are that on 04.05.2014 at about
10:30 pm at H.No.42, Gali No.6, Mandoli Extension, Delhi, they
in furtherance of their common intention wrongfully restrained
complainant Sharda & her son, voluntarily caused simple injuries
upon them and threatened to kill them. According to final
report/charge-sheet of said matter, accused persons Inderjeet and
Birjesh have committed offences punishable under Section 323,
341, 506 of IPC all read with Section 34 of IPC.
MISCELLANEOUS PROCEEDINGS
2. Charge-sheets were filed by investigating agency
after conclusion of investigation of both cases before Court of
concerned Ld. MM. Cognizance was taken by Ld. MM
concerned in both matters. After supplying complete copies of
challans/final reports, matters were committed to Court of
Sessions as the case no.01 was session triable case and second
case was committed to Court of sessions to be tried together with
same. Charge(s) for offence(s) punishable under Section 308, 323
and 341 of IPC all read with Section 34 IPC was/were framed
against accused Sharda, Akash and Komal on 10.04.2019 to
which they pleaded not guilty and claimed trial and charge(s) for
offence(s) punishable under Section 323, 341, 506 of IPC all read
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with Section 34 of IPC was/were framed against accused Inderjeet
and Birjesh on 03.08.2022 to which they pleaded not guilty and
claimed trial. Thereafter, both matters were fixed for prosecution
evidence.
PROSECUTION EVIDENCE OF CASE NO.01
3.1 To bring home conviction of accused persons Sharda,
Akash and Komal in case no.01, prosecution has examined 06
witnesses. The gist of deposition of PW1 Smt. Brijesh is that they
were residing as tenant at 1st Floor of a house of Gali No.5,
Mandoli Extension. Accused persons were also residing on same
floor in another two room-set. On 04.05.2014 at about 10:30 am,
when she was washing blanket in veranda, niece Jyoti of accused
Sharda came there for washing utensils. On noting dirty water
coming towards her, she objected, but Jyoti continued washing
utensils and started arguing with her. On hearing arguments,
accused Sharda also came there. She along-with Jyoti started
quarreling with her. In the meantime, accused Akash also came
there. Her husband Inderjeet asked accused Akash not to
intervene in matter of ladies, but he brought an iron-rod. Sharda
also brought one danda. Accused Akash gave blows of iron-rod
upon head of her husband. Accused Sharda also tried to hit danda
upon her head, but she managed to save herself and danda hit
upon head of her daughter Kajal. In the meantime, accused
Komal also came, caught hold of her hairs and threw her upon
ground. She became unconscious. On seeing this, her daughter
Deepali dialed 100 number. She regained her consciousness at
GTB Hospital. Police recorded her statement Ex.PW1/A. She
along-with her husband and other relatives went to PS. Police
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made inquiries from her and prepared site plan Ex.PW1/B at her
instance. She was examined and discharged.
3.2 PW2 Kajal in gist has deposed that on 04.05.2014,
they were residing at 242, Gali No.6, Mandoli, Delhi and at about
10:30 am, her mother Smt. Brijesh was washing clothes at
common area called as chowk. It used to be used by other tenants
also. She was cleaning floor with help of a wiper. At same time,
Sharda’s niece started cleaning utensils there and further started
accusing them of making it dirty. On this, an argument started
between them. On hearing arguments, accused Akash came and
started shouting upon them. On hearing voice of Akash, her
father also came out. Accused Akash pushed her father due to
which he fell down on the floor. Accused Akash started grappling
with her father. In the meantime, accused Sharda and her
daughter-in-law Komal (accused herein) started giving beatings to
her mother. Thereafter, accused Akash brought one danda and hit
it upon head of her father due to which her father sustained head
injury. She tried to save her mother from accused persons. She
was attacked upon her head with an iron-rod by accused Sharda.
Accused Sharda pulled her hairs and threw her upon floor. Her
sister Deepali informed police. Police arrived at the spot and took
all injured persons to hospital. Her statement Ex.PW2/A was
recorded by police. Police seized her top of lemon colour Ex.P1
vide memo Ex.PW2/B. She correctly identified iron-rod Ex.P2
and wooden danda Ex.P3 used by accused persons in the incident.
She also correctly identified accused persons in the Court. She
was examined and discharged.
3.3 PW3 ASI Gayasuddin Khan in gist has deposed that
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on 24.08.2015, further investigation was marked to him. He
checked the file and found nothing remained to be investigated,
therefore, he prepared charge-sheet and submitted in Court. He
was examined and discharged.
3.4 PW3 Inderjeet Chauhan (inadvertently examined as
PW3) in gist has deposed that on 04.05.2014, he was present at
his house and was doing stitching work. At about 10:30 am, his
wife Brijesh was washing blanket at chowk (common area) and
his daughter Kajal was cleaning chowk with a wiper. Accused
persons were residing as tenant opposite to his house. Some
quarrel started between Jyoti, accused Sharda and his wife. On
hearing noise, accused Akash also came and started quarrel with
his wife & daughter. He also came out from his house, tried to
pacify the quarrel, but, Akash pushed him with hand due to which
he fell on staircase. Some conversation took place between him
and accused Akash. Accused Akash gave injury upon his head
with stick/danda of wiper. In the meantime, accused Sharda gave
injuries upon head of his daughter Kajal with iron-rod. His wife
tried to save them from accused persons, but accused Sharda
pushed his wife on surface, sat up on her breast holding her hair
and gave leg and fist blows. His elder daughter Deepali called at
100 number. Police came at the spot and took him to hospital for
medical examination. They went to PS. Police recorded
statement of his wife and registered case against accused persons.
Police also recorded his statement. Police seized his blood
stained clothes i.e. white colour baniyan Ex.P4 vide memo
Ex.PW3/A. He correctly identified accused persons in the Court.
He was examined and discharged.
State Vs. Sharda & Ors.
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3.5 PW4 HC Bikram Singh (then Constable), PW5 SI
Darshan Lal (then ASI) and PW6 Woman HC Priyanka (then
Constable) in gist have deposed that on 04.05.2014, PW5
received D.D.No.13A regarding quarrel on which PW5 along-
with PW4 went to the spot i.e. H.No.42, Gali No.6, Mandoli
Vistar, Delhi. They came to know, it is quarrel between two
neighbours. They also came to know that injured persons have
been shifted to GTB Hospital by PCR. Thereafter, they reached at
GTB Hospital and met injured persons there. PW5 collected
MLCs of injured persons namely Inderjeet, Smt. Brijesh & Kajal.
PW5 recorded statement of injured Smt. Brijesh, made
endorsement upon said statement and handed over it to PW4 to
take it to PS for registration of FIR. PW4 went to PS Harsh
Vihar, got FIR registered, came back to hospital along-with PW6
and handed over copy of FIR & original Tehrir to PW5. PW5
interrogated accused Sharda and Akash at hospital. PW5 arrested
accused Sharda through PW6 vide memo Ex.PW5/B, got her
searched through PW6 in separate room vide memo Ex.PW5/C
and recorded her disclosure statement in presence of PW6 vide
memo Ex.PW5/D. PW5 arrested accused Akash vide memo
Ex.PW4/A, search him personally vide memo Ex.PW4/B and
recorded his disclosure statement Ex.PW4/C. Thereafter, they
along-with complainant Smt. Brijesh, injured Inderjeet & Kajal,
accused Sharda & Akash went to place of incident. PW6
recovered an iron-rod at instance of accused Sharda beneath an
iron box and seized it vide memo Ex.PW5/E. PW5 also
recovered bomboo stick/danda at instance of accused Akash from
beneath the bed and seized it vide memo Ex.PW4/D. Injured
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Kajal handed over one bloodstained top to PW5 which he kept in
a white cloth, converted it into a pullanda, sealed it with seal of
‘DL’ and seized it vide Ex.PW2/B. Injured Inderjeet also handed
over one bloodstained banyan to PW5, he kept it in a white cloth,
converted it into a pullanda, sealed it with seal of ‘DL’ and seized
it vide memo Ex.PW3/A. Thereafter, PW5 prepared site plan
Ex.PW1/B at instance of complainant Smt. Brijesh. Thereafter,
they along-with accused persons came to PS, case properties were
deposited in malkhana and accused persons were lodged in police
lockup after medical examination. PW5 recorded statements of
witnesses in this regard. On next day, accused Sharda and Akash
were produced before Court and were sent to JC. During
investigation, PW5 obtained result upon MLCs of injured persons
from hospital. Doctor opined nature of injuries upon MLCs of all
injured persons as simple. On 04.05.2014, accused Sharda was
also admitted in GTB Hospital. After getting result upon MLC,
she approached PS for registration of FIR regarding injuries
sustained by him. PW5 recorded her statement, prepared
endorsement/Tehrir and got registered FIR against complainant
Smt. Brijesh and Inderjeet, however, investigation of said case
was conducted by some other IO. During investigation of present
matter, PW5 received information that accused Komal has
surrendered in Court. PW5 arrested accused Komal vide memo
Ex.PW5/F after permission of concerned Court. On 06.01.2015,
PW5 was transferred from PS Harsh Vihar, therefore, he handed
over case file of present case to MHC(R) of PS Harsh Vihar.
They identified case properties one bloodstained top of lemon
colour Ex.P1, iron-rod Ex.P2, wooden danda Ex.P3 and
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bloodstained banyan Ex.P4 in evidence. They were examined and
discharged.
ADMISSION-DENIAL OF DOCUMENTS OF CASE NO.01
4. Admission-denial of documents under Section 294 of
The Code of Criminal Procedure, 1973 (
hereinafter referred to as
Cr. P.C.)/330 of The Bharatiya Nagarik Suraksha Sanhita, 2023
(
hereinafter referred to as 'BNSS') was done in case no.01 on
20.10.2023. The accused persons of case no.01 admitted
genuineness and correctness of FIR No.191/2014 of PS Harsh
Vihar, same was accordingly given Ex.P4 (inadvertently given
Ex.P4), D.D.No.13A dated 04.05.2014, same was accordingly
given Ex.P5, D.D.No.14A dated 04.05.2014, same was
accordingly given Ex.P6, D.D.No.15A dated 04.05.2014, same
was accordingly given Ex.P7, MLC bearing no.1666/14 of injured
Brijesh, same was accordingly given Ex.P8, MLC bearing
no.1564/14 of injured Kajol, same was accordingly given Ex.P9
and MLC bearing no.1665/14 of injured Inderjeet, same was
accordingly given Ex.P10 and further name of witnesses
regarding them were dropped from the list of witnesses.
PROSECUTION EVIDENCE OF CASE NO.02
5.1 To bring home conviction of accused persons
Inderjeet and Birjesh in case no.02, prosecution has examined 05
witnesses. The gist of deposition of PW2 Sharda is that on
04.05.2000, she was residing at H.No. 42, Gali No.6, Mandoli
Extension, Delhi – 110 092. On that day at about 10:00 – 10:30
am, accused persons namely Indrajeet and Brijesh were having
altercation and quarrel with some third person at beda/chowk
outside their house. Accused persons were quarreling with each
State Vs. Sharda & Ors.
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other in loud noise. On hearing same, she came out from her
house and tried to pacify the matter, but accused persons and said
third person started manhandling her. On hearing noise, her elder
son Akash came out from their house. On seeing her son Akash,
accused Indrajeet rushed towards him, caught hold of him and
pushed him towards wall due to which head of Akash struck
against the wall. Akash sustained injury upon his head and blood
started oozing out from his head. In the meantime, Kajal and
Deepali also came out. They intervened in the matter. Her son
Akash dialed at 100 number. After about 20 – 25 minutes, police
came at the spot. Police took her and her son Akash to GTB
Hospital whereas accused persons and third person were with
police. She saw accused persons and Kajal at GTB Hospital.
After medical examination, doctor advised them major treatment
for her son, a hefty amount was demanded for it, but they were
not in position to bear same. She took back her son to home.
Thereafter, police called them at PS. She came to know that
accused persons have lodged complaint against them. She and
her son were sent to jail. After 13 – 14 days, she was released on
bail. On 29.07.2014, made complaint Ex.PW1/A to police against
accused persons. Akash was treated at GTB Hospital after
release. She correctly identified accused persons in the Court.
She was examined and discharged.
5.2 PW1 SI Darshan Lal has proved and exhibited
complaint of complainant Sharda as Ex.PW1/A and Rukka
Ex.PW1/B prepared upon same in his evidence. He was
examined and discharged.
5.3 PW3 Akash in gist has deposed that on 04.05.2014,
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he was present at his rented accommodation at H.No.42, Gali
No.6, Mandoli Extension, Harsh Vihar, Delhi. At about 10:30 am,
he heard some noise of quarrel. On same, he came out of his
room. He saw accused persons along-with their third associate
quarreling with his mother. On seeing him, accused Inderjeet
caught hold of him and thrashed him with the wall due to which
he sustained injury upon his head. He started shouting. In the
meantime, Kajal and Deepa also came and intervened.
Thereafter, quarrel/manhandling took place between all of them.
His mother Sharda sustained injury upon her body in said fight.
Both parties dialed at 100 number. PCR van came at the spot. He
and his mother were taken to GTB Hospital for treatment. Since,
they were not having money for treatment, therefore, they came
back home. On same day in the evening, they came to know that
FIR has been registered against them. After arrest, he and his
mother were sent to JC. After being released on bail, he received
treatment for injuries sustained by him in the incident. After
release, his mother gave complaint to PS against accused persons.
Police recorded his statement Ex.PW3/X. He was examined and
discharged.
5.4 PW4 ASI Birender in gist has deposed that on
12.09.2016, investigation of present case was marked to him. He
perused the file and on 14.07.2017, he served notice Ex.PW4/A
upon accused Inderjeet. He arrested accused Inderjeet vide memo
Ex.PW4/B, arrested accused Brijesh vide memo Ex.PW4/C,
searched accused Inderjeet vide memo Ex.PW4/D, got searched
accused Brijesh vide memo Ex.PW4/E, recorded disclosure
statement of accused Brijesh vide Ex.PW4/F and disclosure
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statement of accused Inderjeet vide Ex.PW4/G. Thereafter,
accused persons were released on bail. After completion of
investigation, he prepared charge-sheet and filed it in the Court.
He was examined and discharged.
5.5 PW5 Inspector Prateek Saxena in gist has deposed
that in July, 2014, he was posted as Sub-Inspector at PS Harsh
Vihar. On 29.07.2014, investigation of present case was marked
to him. He went through case file. Thereafter, he visited the spot
of incident at Gali No.6, Mandoli Extension where he met with
injured Akash. He prepared site plan Ex.PW5/A at instance of
Akash. He recorded statement of Akash Ex.PW3/X regarding
same. On 01.08.2014, he was transferred from PS Harsh Vihar,
therefore, he handed over case file to MHC(R) of PS on directions
of the then SHO. He was examined and discharged.
ADMISSION-DENIAL OF DOCUMENTS OF CASE NO.02
6. Admission-denial of documents under Section 294 of
Cr. P.C./330 of BNSS was done in case no.02 on 20.10.2023. The
accused persons of case no.02 admitted genuineness and
correctness of FIR No.326/2014 of PS Harsh Vihar, same was
accordingly given Ex.P1, D.D.No.13A dated 04.05.2014, same
was accordingly given Ex.P2, D.D.No.14A dated 04.05.2014,
same was accordingly given Ex.P3, D.D.No.15A dated
04.05.2014, same was accordingly given Ex.P4 and MLC bearing
no.1648/14 of injured Akash, same was accordingly given Ex.P5
and further witnesses regarding them were dropped from list of
witnesses.
STATEMENT OF ACCUSED OF CASE NO.01
7. After completion of prosecution evidence, statements
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of accused persons Sharda, Akash and Komal in case no.01 were
recorded under Section 351 of BNSS. Incriminating evidence
was put to accused persons Sharda, Akash and Komal. Accused
persons Sharda, Akash and Komal denied all the allegations.
They stated that false case has been registered against them. They
are innocent. The witnesses have falsely deposed against them.
Accused persons opted not to lead evidence in their defence and
thereafter, case no.01 was fixed for final arguments.
STATEMENT OF ACCUSED OF CASE NO.02
8. After completion of prosecution evidence, statements
of accused persons Inderjeet and Birjesh in case no.02 were
recorded under Section 351 of The Bharatiya Nagarik Suraksha
Sanhita, 2023 (
hereinafter referred to as 'BNSS'). Incriminating
evidence was put to accused persons Inderjeet and Birjesh.
Accused persons Inderjeet and Birjesh denied all the allegations.
They stated that false case has been registered against them. They
are innocent. The witnesses have falsely deposed against them.
IO has done tainted investigation and arrested them without any
fault on their part. Accused persons opted not to lead evidence in
their defence and thereafter, case no.02 was also fixed for final
arguments.
ARGUMENTS/SUBMISSIONS/CONTENTIONS
9.1 The final arguments of prosecution and accused side
of both matters were jointly heard.
9.2 In gist, the submissions/contentions of accused side
of case no.01 are that Inderjeet and Brijesh were quarreling with
one third person on the date and time of the incident, accused
Sharda & Akash intervened to pacify them and they were
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attacked. Accused Sharda, Akash and Komal have not inflicted
any injuries upon person of Inderjeet & Brijesh, instead Inderjeet
& Brijesh suffered injuries at the hands of third person with
whom they were quarreling at that time. There are material
contradictions between statements of witnesses in their case as to
who was holding which weapon and even nature of weapon from
iron-rod to handle of wiper changed from the date of registration
of case to the stage of deposition before Court. There are no
allegations against accused Komal. The recoveries of weapons of
offence and clothes of complainant side have been falsely planted.
There is no independent witness of those recoveries. No
independent witness has supported the case of complainants of
their case. Even Deepali who is stated to have witnessed the
incident has not been examined in this case. In fact, it is Inderjeet
and Brijesh who have inflicted injuries upon them without any
reason. The delay in registration of their complaint/FIR happened
because they had to file application under Section 156 (3) of Cr.
P.C., though it was registered by police on its own after filing of
their application under Section 156 (3) Cr. P.C. It is
submitted/contended that other side is the aggressor, therefore,
should be held guilty and they should be acquitted in this matter.
9.3 Per contra, the submissions/contentions of the
accused side of case no.02 are that Sharda and Akash have not
received any injury in the incident. Kajal received around seven
stitches because of injuries inflicted by other side. Sharda, Akash
& Komal were the aggressors. FIR lodged against them has been
lodged only as an afterthought after passage of around two
months. No third person could be established to be involved in
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the incident. Case of other side that they had no finances for
treatment of Akash, therefore, left GTB Hospital without
treatment, got treated him later on is without any force as no
expenses were required for treatment at GTB Hospital being
government hospital. It is the submissions/contentions of accused
side of case no.02 that other side was aggressor, they are victim of
injuries inflicted by them, therefore, other side should be held
guilty and they should be acquitted.
9.4 Submissions of both side considered. Records of
both matters perused.
APPRECIATION OF FACTS/CONTENTIONS/ANALYSIS &
FINDINGS
10.1 In these matters, the first information of the incident
was received at PS in the form of D.D.No.13A dated 04.05.2014
of PS Harsh Vihar at about 10:35 am regarding quarrel at the spot
of incident. The same was assigned to PW5 of case no.01 who
along-with PW4 of said case went to the spot at H.No.42, Gali
No.4, Mandoli Vistar, Delhi. They came to know that injured
persons have already been shifted to GTB Hospital by PCR van.
They then went to GTB Hospital where PW5 of case no.01
collected MLCs of injured persons Inderjeet, Brijesh and Kajal of
case no.01. PW5 of case no.01 recorded statement of injured
Brijesh in said case, prepared Rukka and got recorded FIR by
sending it to PS through PW4 of said case. PW5 of case no.01
has deposed that injured persons of other side (of case no.02) did
not provide their statement. PW5 of case no.01 arrested accused
Sharda and Akash of said case after receipt of copy of FIR from
PW4 of said case and on reaching of Woman Ct. Priyanka with
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him. Accused Sharda and Akash were sent to JC after other
investigations. The case no.02 was registered on statement of
Sharda after more than two months of the incident wherein the
incident was alleged to have happened at given place, time & date
in somewhat different manner than the manner stated by
complainants of case no.01. The said case was first investigated
by PW5 of said case. He prepared site plan of the spot of incident
and recorded statement of Akash. Thereafter, PW4 of said case
took over investigation, he collected MLC of Akash, arrested
Brijesh & Inderjeet and after completion of investigation, filed
charge-sheet in said case. There is no dispute from both side that
incident happened on 04.05.2014 at about 10:30 am at
building/H.No.42, Gali No.4, Mandoli Vistar, Delhi. The
deposition of complainant side of case no.01 is that Brijesh was
washing blanket at common place, Jyoti niece of Sharda came
there for washing utensils, dirty water started coming towards her,
on same she objected and arguments started between them. On
hearing same, Sharda came out of her house and started
quarreling with her along-with Jyoti. In the meantime, Akash also
came out and Inderjeet who had also come over there asked
Akash not to intervene in matter of ladies. Akash brought an iron-
rod and Sharda brought one danda. Blows of iron-rod and danda
were given upon Brijesh and Inderjeet. Kajal was also hit in the
process. In the meantime Komal also came, caught hold of hairs
of Brijesh and threw her upon ground. Deepali dialed at 100
number on which police reached there. On the other hand, the
deposition of complainant side of case no.02 is that Inderjeet and
Brijesh were having altercation at given common place with some
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third person, they started quarreling with said person and on
hearing same, Sharda came out of her house, tried to pacify them,
but they along-with third person started manhandling her. Akash
and Inderjeet also came out. Akash was pushed by Inderjeet
towards wall due to which his head struck against the wall. In the
meantime, Kajal and Deepali also came out and intervened in the
matter. Akash dialed at 100 number on which police reached
there. It is noted that though complainants of case no.02 have
deposed that there was one third person with whom Inderjeet and
Brijesh were having arguments, injuries were suffered by
Inderjeet and Brijesh due to beatings given by third person, they
only tried to pacify them, they were also given beatings by
Inderjeet, Brijesh & third person, but neither the name nor the
identity of said third person is disclosed by complainants of case
no.02. The investigating agency has also not found involvement
of any third person as is clear from final report filed in case no.02.
It appears that story of involvement of one third person was
introduced by complainants of case no.02 as an afterthought to
explain the injuries of Inderjeet and Brijesh. Their FIR was
registered after more than two months of the incident and till then,
they knew that they would be facing prosecution for offence
punishable under Section 308 IPC also qua injuries sustained by
Kajal in the incident. So, the case of complainants of case no.02
that some other third person was involved in the incident and he
inflicted injuries upon person of Inderjeet and Brijesh is totally
unacceptable and needs to be rejected. Now, having concluded
same, if given circumstances of these cases are considered, it is
clear that incident started due to minor arguments/quarrel between
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ladies of both side i.e. Brijesh of one side and Sharda along-with
her niece Jyoti on other side due to washing of blanket and
utensils at the common place. Inderjeet, Akash and Komal
thereafter participated in the incident. It then became free fight
between both side. No side attacked the other in
premeditated/preplanned manner. It is a case where minor
incident of quarrel between ladies of both side as to usage of
common place escalated into fight between both side and in
process, dandas, iron-rod/wiper handle were also used. In such
cases of free fight, no side could be termed as aggressor and other
side to be pure victim or having acted only in self-defence. The
case of accused side of case no.01 that injuries upon Inderjeet &
Brijesh were inflicted by one third person is not acceptable as has
been discussed above. The case of accused side of case no.02 that
Sharda & Akash have not suffered any injuries at their hands is
also not acceptable since swelling and tenderness at right frontal
area and bruise at left fore arm were noted at the time of
preparation of MLC Ex.P5 of Akash on the day of incident itself
which supports deposition of complainant side of case no.02 that
Akash was pushed towards wall by Inderjeet, in process, his head
struck against the wall. The case of accused side of case no.01
that accused Komal was not at all involved in the incident is also
not acceptable as her role has been clearly spelt out in the
deposition of PW1 Brijesh of case no.01. The
contradictions/shortcomings pointed out as to weapons of offence
i.e. dandas, iron-rod, wiper etc. and further regarding recoveries
are immaterial once the incident is deposed to have happened by
both side. In the considered opinion of this Court, accused
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persons of both side are liable to be held guilty for injuries
inflicted to the other side in a free fight which emanated from
quarrel/manhandling of ladies of both side on issue of use of
common place.
10.2 Now, coming to injuries suffered by Inderjeet,
Brijesh and Kajal in case no.01, Brijesh suffered tenderness over
her left hand and wrist as per her MLC Ex.P8. Kajal suffered a
lacerated wound of around 5 x 7 cm at left frontal region as per
her MLC Ex.P9. Inderjeet suffered lacerated wounds at frontal
aspect of skull measuring 4 x 0.5 cm and 2 x 0.5 cm as per his
MLC Ex.P10. The injuries of Inderjeet, Brijesh and Kajal were
opined as simple by concerned doctors. Accused Sharda, Akash
and Komal of case no.01 have been charged for offence
punishable under Section 308 IPC for injury suffered by Kajal as
noted above. Injury of Kajal has also been declared to be simple
in nature by concerned doctor. The weapons of
offence/instruments/objects are deposed/recovered as bamboo
stick of around three feet and iron-rod/pipe of wiper of around 1½
feet. Given the nature of injury upon person of Kajal and nature
of objects/weapons used in commission of said injury, it could not
be said that they were inflicted by accused Sharda, Akash and
Komal with intention or knowledge to cause culpable homicide of
Kajal as no such intention or knowledge to cause culpable
homicide of Kajal could be inferred on their part from overall
facts of case no.01. Hence, in the considered opinion of this case,
the case no.01 qua injury inflicted upon person of Kajal would
also fall within realm of Section 323 IPC instead of 308 IPC.
Since, offence punishable under Section 323 IPC is the species of
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same genus as is the offence punishable under Section 308 IPC
with which accused persons Sharda, Akash and Komal were
charged in case no.01 for injury upon the person of Kajal and
further since offence punishable under Section 323 IPC is minor
offence to offence punishable under Section 308 IPC, therefore,
accused persons Sharda, Akash and Komal of case no.01 could be
safely held guilty and convicted for offence punishable under
Section 323 IPC qua injury inflicted upon Kajal though they were
not charged for the same. They are also liable to be held guilty
for offence punishable under Section 323 IPC for simple injuries
inflicted upon the persons of Inderjeet and Brijesh for which they
were charged in this matter. Since, there is no deposition of PW1,
PW2 & PW3 in case no.01 that they were restrained from
proceeding in any direction by any of the accused Sharda, Akash
& Komal, therefore, they are liable to be acquitted for offence
punishable under Section 341 IPC. Accordingly, in view of the
above discussions, accused persons Sharda, Akash and Komal are
liable to be held guilty for offence punishable under Section 323
IPC read with Section 34 IPC for the injuries inflicted upon
person of Inderjeet, Brijesh & Kajal, however, they are liable to
be acquitted for offences punishable under Section 308 IPC and
341 IPC.
10.3 Now, coming to the injuries suffered by PW3/Akash
of case no.02, he has suffered swelling and tenderness at right
frontal area and bruise over his left fore arm as per his MLC
Ex.P5. It was also declared simple in nature by concerned doctor.
PW2/Sharda of case no.02 has also deposed that Inderjeet and
Brijesh manhandled her and gave beatings to her. Same would
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also fall within realm of hurt and being punishable under Section
323 IPC. Accused Inderjeet and Brijesh are therefore also liable
to be held guilty for offence punishable under Section 323 IPC
read with Section 34 IPC for the injuries caused to Sharda and
Akash. There is no deposition of PW2/Sharda and PW3/Akash in
case no.02 that they were not allowed to proceed in any direction
by accused Inderjeet and Brijesh and that they were threatened by
any of them with any consequence, therefore, they are liable to be
acquitted for offences punishable under Section 341/506 IPC.
Accordingly, accused Inderjeet and Brijesh are also held guilty
for offence punishable under Section 323 IPC read with Section
34 IPC and they stands acquitted offences punishable under
Section 341/506 IPC.
10.4 It is noteworthy that though technically both side are
liable to be held guilty for offence punishable under Section 323
IPC read with Section 34 IPC, however, injuries inflicted by
accused side of case no.01 are for more severe than the injuries
inflicted by other side.
11. In view of above discussions, accused persons
namely Sharda, Akash and Komal stands convicted for offence
punishable under Section 323 IPC read with Section 34 IPC and
stands acquitted for offences punishable under Section 308/341
IPC read with Section 34 IPC in case no.01. Accused persons
namely Inderjeet and Brijesh stands convicted for offence
punishable under Section 323 IPC read with Section 34 IPC and
stands acquitted for offences punishable under Section 341/506
IPC read with Section 34 IPC in case no.02.
12. Copies of this common judgment be placed in both
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case files.
Announced in open Court
on September 14, 2026.
(HARVINDER SINGH)
ASJ (FTC)/Shahdara,
KKD/Delhi/14.09.2026
Compliance Sheet of directions of “Suhas Chakma Vs. Union of
India & Ors.”
1. Free legal aid is available for pursuing remedies before higher
Courts.
2. The concerned authorities which could be contacted for free
legal aid are : -
(a) Secretary, DLSA, Shahdara District, Karkardooma Courts,
Delhi ;
(b) Sh. Tarun Gautam, Deputy Legal Aid Defence Counsel
(attached to this Court), Mobile Nos.9953666379 and
9810395864.
Note : Tabulate in compliance of “Manojbhai Jethabhai Parmar
Vs. State of Gujarat” attached.
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