Interim Order 6

Order Details: COPY OF ORDER
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SC 315/2023
STATE Vs. BABBU KHAN AND ORS
FIR 507/2023
PS Welcome
08.11.2024
Video Conferencing Link of the Court is operative and functional.
Present: Mr. Pradeep Kumar, Ld. Addl. PP for the State.
Sh. Manish Bhadauria, Ld. Amicus Curiae for both the
accused.
Accused Babbu Khan and Pawan Thakur produced from JC.
Arguments on point of charge heard at length.
ORDER ON CHARGE
1. It is argued by Ld. Amicus Curiae that accused have been
falsely implicated in the present case by police officials merely to solve the
case. It is stated that no evidence in the form of any CCTV footage has been
placed on record to prove the presence of accused persons at the scene of
crime or their committing the alleged offence. It is further stated that the
case of prosecution is solely based on the statement of one alleged child eye
witness who is an interested witness and falsely introduced by the police
officials/IO to falsely implicate the present accused persons. Accordingly,
accused persons deserve to be discharged from the case.
2. Per contra, it is argued by Ld. Addl PP for the State that there
is sufficient material available on record to charge the accused persons for
the offence punishable under Section 302/34 IPC. He reiterated the contents
of chargehseet in support of his arguments.
3. Submissions heard. Record perused.
4. This Court has gone through the statement of witnesses
particularly the statement of eye witness Faizan who specifically stated
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about the presence of accused persons at the spot as well as their attacking
the complainant by stabbing thereby causing his death. The case of
prosecution is largely based on circumstantial evidence. The statements of
witnesses and other material create a chain of events which
prima facie lead
to the alleged role of accused persons committing murder of victim in
furtherance of their common intention. The manner of commission of
murder of victim is
prima facie corroborated by the statement of eye witness
and allegedly recovered weapons of offence.
Though the present case is based upon circumstantial
evidence and last seen theory, the same, in the opinion of this Court is
sufficient to raise grave suspicion upon the accused for committing the
alleged offence. The FSL report has also supported the case of prosecution.
Further, the argument of false implication can only be considered
during trial at the touchstone of testimony of witnesses.
5. Considering the material available on record, statements of
witnesses, postmortem report and FSL report, a fit case to charge accused
persons for the offence punishable under Section 302/34 IPC is made out.
Accordingly, charge for the said offence is framed and explained to both the
accused in vernacular to which they pleaded not guilty and claimed trial.
6. Issue summons to witnesses mentioned at Sl. No. 1, 2, 7, 8 , 9,
PS Satender Dev Sharma alongwith MHC(M) for next date of hearing.
7. Put up for PE on 31.01.2025.
(ARVIND BANSAL)
ASJ-05, Shahdara, Karkardooma,
Delhi-08.11.2024
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