Full Order Text
Order 4 · 27 Mar 2024 · CNR DLSH010070852023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: -1- SC 335/2023 STATE Vs. FAHEEM AND ORS FIR 350/2023 PS Jyoti Nagar 27.03.2024 Video Conferencing Link of the Court is operative and functional. Present: Mr. Pradeep Kumar, Ld. Addl. PP for the State. Sh. Dev Pratap, Ld. Counsel for accused Faheem. Accused Ashraf @ Bittu in person on bail. Accused Faheem produced from JC. On being asked, it is stated by accused Ashraf @ Bittu that he is not in a position to engage services of any Counsel and requested the Court to provide a Counsel to him on expense of State. At this stage, Sh. Deepak Thukral Mob. No. 9891657761 Enrl. No. D/1476/2007 is appointed as Amicus Curie to represent accused Ashraf @ Bittu in the present case. Professional fees of Ld. Amicus Curie shall be determined at the end of trial of the case. Matter is fixed for consideration on charge. It is stated by Ld. Defence Counsels that they have no objection (without prejudice to their rights and contentions in the trial) if charge for the offences as disclosed in the chargesheet is framed against both the accused. It is however, argued that accused persons have been falsely implicated in the present case. Submission heard. Record perused. ORDER ON CHARGE 1. It is observed that there are categorical allegations against both the accused by name that they quarreled with injured/victim Mukkaram and during said quarrel Ashraf @ Bittu caught hold of injured and accused Faheem stabbed on his chest using a knife. Court has also -- 1 of 2 -- -2- perused the MLC of victim/injured Mukarram., wherein injury was mentioned as “5 X 2 cm incised wound on lower part of sternum extending upto xipohid region”. Further, the CCTV footage of incident and weapon of offence stand recovered. 4. Considering the statements of complainant Akram victim Mukarram, the MLC of victim/injured Mukkram and documents annexed with the present challan, prima facie case to frame charge against the accused under Section 307/34 IPC is made out against both the accused. Accordingly, charge has been framed against both the accused to which they pleaded not guilty and claimed trial. 5. Issue summons to witnesses mentioned at Sl. No. 1, 2 & Duty Officer alongwith MHC(M) for 02.07.2024. Also put up for admission/denial of documents qua witnesses mentioned at Sl. No. 5 and 13 for date fixed. 6. Order be given dasti to Ld. Amicus Curiae, as prayed. (ARVIND BANSAL) ASJ-05, Shahdara, Karkardooma, Delhi-27.03.2024 -- 2 of 2 --