Delhi High Court
State Of Nct Of Delhi vs Farukh @ Koyal & Anr on 1 September, 2014
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 389/2014
STATE OF NCT OF DELHI ..... Petitioner
Represented by: Mr.Lovkesh Sawhney, APP for
the State.
versus
FARUKH @ KOYAL & ANR ..... Respondents
Represented by: None.
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 01.09.2014
Crl.M.A.No.9833/2014 (Delay)
For the reasons stated in the application the delay of 69 days in filing
the leave petition is condoned.
CRL.L.P. 389/2014
1. The State seeks leave to appeal against the judgment dated December
12, 2013 acquitting the respondents Farukh @ Koyal and Danish for the
offence punishable under Section 302/34 IPC for allegedly committing the
murder of one Sonu in furtherance to their common intention along with
their co-accused Rizwan (PO) and 'S', a juvenile.
2. The case of the prosecution is that an information was received at
about 11.30 PM on February 04, 2009 recorded vide DD No.45/A at Police
Station Shahdara that "at 749/1 Rehman Building, West Rohtash Ngar, Delhi
teen aadmiyon ne mere bhai ko ghar me ghus kar chaaku maar diya hai".
On reaching the spot the police found that the injured had been removed to
GTB Hospital where he was declared brought dead.
3. Statement of Sunil, the brother of the deceased, who claimed himself
to be an eye witness was recorded vide Ex.PW-1/A wherein he stated that he
used to run a Pan Shop in front of J & K ATM at main Babarpur Road. At
about 10.45 PM on February 04, 2009 he and his brother Kamal were
present when their other brother Sonu came there and asked them to close
the shop. In the meantime, three boys namely Rizwan, Danish and 'S' came
there. Danish demanded two cigarettes on credit to which Sunil refused.
Sonu again asked him to close down the shop due to which Danish and his
associates got annoyed and Danish gave a slap to Sunil. When Sonu
questioned his behaviour Danish and Rizwan caught hold of him and 'S'
inflicted two stabs wounds on his body. On the disclosure statement of
Danish, Farukh @ Koyal was also found to be involved in the murder of
Sonu.
4. The prosecution case rests on the ocular testimony of Sunil, PW-1,
Suresh Kumar, PW-2 and Kamal, PW-3. The learned Trial Court after a
detailed discussion discarded the testimony of the three witnesses as not
being reliable for the reasons:
i. though the eye witnesses stated that they had seen the incident
however, in the MLC neither the manner of incident nor the names of
the assailants were told to the doctor;
ii. though Sunil and Kamal had taken the injured to the hospital
however, their blood stained clothes were not seized;
iii. as per the cross-examination of all theses witnesses there was
variation in the time when they reached the hospital, when their
statements were recorded and how they went to the hospital;
iv. despite the fact that there was an ATM just opposite the Pan shop
where the incident took place, the security guard was not made a
witness;
v. further Farukh @ Koyal was arrested on the basis of the disclosure of
co-accused however, none of the eye witnesses say about the presence
of Farukh @ Koyal and thus there is no evidence against him;
vi. though the case of the eye witnesses is that two stab wounds were
given however, as per the post-mortem report three stab wounds were
found;
vii. though the blood stained earth control was recovered, however, when
the specimen was opened in the Court no blood was found on it;
viii. the origin of the crime itself is doubtful because as per the DD
No.45A the incident in question took place at the home because the
information was as "at 749/1 Rehman Building, West Rohtash Ngar,
Delhi teen aadmiyon ne mere bhai ko ghar me ghus kar chaaku maar
diya hai";
ix. admittedly, Danish had sustained injuries and was admitted to the
GTB Hospital by the police officials, however, there is no explanation
to the injuries to Danish. Neither his medical was proved by the
prosecution nor were the police officials who got Danish admitted in
the hospital examined, and
x. there was delay in lodging the FIR.
5. Considering the material improvements, the fact that the place of
occurrence is doubtful, though the case of the prosecution witnesses that
there were three accused but actually four accused were arrested, no role
was attributed to the respondent No.1 Farukh @ Koyal, and injuries to
Danish were not explained which fact was duly concealed by the
prosecution as neither his MLC nor the witnesses who got him admitted
were examined, we are of the considered opinion that the view taken by the
learned Trial Court is a plausible view and thus the same does not warrant
interference.
6. Petition is dismissed.
PRADEEP NANDRAJOG, J.
MUKTA GUPTA, J.
SEPTEMBER 01, 2014
'vn'
