Delhi High Court
Aman @ Kale vs State Of Nct Of Delhi on 29 April, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 25th February, 2019
Decided on : 29th April, 2019
+ CRL.A. 915/2018
AMAN @ KALE ....Appellant
Represented by: Mr. Ravinder Kumar Yadav
and Mr. Vinayak Sharma,
Advocates
versus
STATE OF NCT OF DELHI .....Respondent
Represented by: Ms. Meenakshi Chauhan, APP
for the State with SI
Dharmendra Kumar, PS
Mandir Marg
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
1. By the present appeal, Aman @ Kale challenges the impugned
judgment dated 30th July 2018 convicting him for the offence punishable
under Section 307 IPC in FIR No. 216/2013 registered at PS Mandir Marg
and the order on sentence dated 1st August 2018 directing him to undergo
rigorous imprisonment for a period of two years and to pay a fine of
₹2,000/- and in default to undergo simple imprisonment for a period of two
months.
2. Learned counsel for the appellant contends that there are various
inconsistencies in the statements made by injured/ complainant Aman before
the court and the Juvenile Justice Board. Moreover, the injury inflicted by
the Appellant to the injured/complainant were not on vital organs. Hence
his conviction is liable to be set aside.
3. Per contra, Learned APP for the State submits that that the impugned
judgment and the order on sentence suffers from no illegality.
4. Process of law was set into motion on the intervening night of 18/19th
October 2013 at 12:15 A.M. when information was received from near
Delhi Heart Hospital, R.K. Road, Balmiki Mandir about a knife injury to the
brother of the caller. Aforesaid information was recorded vide DD No. 4A
(Ex. PW-1/C) and was assigned to SI Mantosh. He along with Ct. Sunny
reached at the Delhi Heart and Lung Institute, Panchkuian Road where the
injured person was admitted. He collected the MLC of the injured Aman and
recorded his statement wherein he stated that in the intervening night of
18/19th October 2013, he along with his cousin brother Akshay went to
Valmiki Basti Mandir Marg, Panchkuian road on his Activa Scooty bearing
No. DL-10-SG-0828, at around 11:00 pm to watch the fair. When they were
starting their Scooty to go back to their home from the fair, their neighbour
Kale @ Aman came there immediately and started pushing him. He took out
a knife and stabbed him in the right armpit. In the meantime, 'C' also came
and stabbed him in the chest. One other boy namely 'S' also stabbed him in
his stomach. When his brother Akshay tried to intervene to save, they
pushed him and manhandled him as well. On the previous day accused
persons had fought with them at B block on the occasion of Valmiki Jayanti
and threatened them. On the basis of the aforesaid statement (Ex.PW-3/A),
FIR No. 216/2013 (Ex.PW-1/A) was registered for offence punishable under
Section 307 IPC at PS Mandir Marg.
5. In the meantime, the parents of the injured/complainant came and
took him to Sir Ganga Ram Hospital. Thereafter the Investigating Officer
went to the place of incident and searched for the accused persons but no
one was traceable. He prepared the site plan vide Ex.PW-11/B at the
instance of Akshay, cousin brother of the injured/complainant. He recorded
the statement of Akshay and Rahul at Sir Ganga Ram Hospital. On 19th
October 2013, Akshay handed over the clothes of the injured/complainant
which were seized vide seizure memo Ex.PW-11/C. On 31st October 2013,
Aman @ Kale surrendered himself in the police station. He was arrested
vide arrest memo Ex.PW-3/B in the presence of the injured/complainant.
His personal search was done vide Ex.PW-8/A and his disclosure statement
was recorded vide Ex.PW-8/B wherein he disclosed that he could get
recovered the weapon of offence i.e. the knife which was recovered at his
instance. On 1st November 2013 Aman @ Kale pointed out the place of
occurrence vide pointing out memo Ex.PW-8/C. The other two co-accused,
namely 'C' and 'S' surrendered before the Juvenile Justice Board and they
were sent to observation home. On completion of investigation, charge sheet
was filed. Charge was framed vide order dated 5th June 2015 for offence
punishable under Section 307 IPC.
6. Aman (PW-3), complainant deposed in sync with his statement made
to the police. He further stated that the police had called him 8-10 days after
the incident in Police Station Mandir Marg where Aman @ Kale was
arrested in his presence. He remained admitted in the hospital for one
month. In his cross-examination he stated that he knew Aman @ Kale prior
to the incident as he was a resident of the same locality. He further stated
that one day prior to the incident an altercation had taken place between
Aman @ Kale and him but the same was not reported to the police. He
further stated that his statement was also recorded before the Juvenile Justice
Board with respect to this incident. He also stated that two photographs of
his, in injured condition were taken by the investigating officer in the Police
Station. He further admitted that he took the treatment from different
hospitals after the incident which fact stands corroborated by the medical
documents from different hospital exhibited by the prosecution. He did not
remember who removed him to the hospital
7. Aman was examined as PW-2 before the Juvenile Justice Board
wherein he stated that on the intervening night of 18th/19th October 2013 he
had gone to attend the function of Balmiki Jayanti at Mandir Marg. As soon
as he started the engine of his car 'C' and 'S' caught hold of his hand and
Aman @ Kale attacked him with a knife. Aman @ Kale had given him a
knife blow on his chest, stomach and near his heart. Blood was oozing out of
his body. He travelled some distance after which he fainted. He called his
brother Akshay who had accompanied him to the function of Balmiki
Jayanti who then took him to the hospital. In his cross-examination he stated
that the incident took place where the program was going on and 'S' and 'C'
had not inflicted any injury on him.
8. Rahul (PW-6) stated that on the intervening night of 17 th/18th October
2013 between 10:00 to 11:00 P.M. his vehicle was stuck at Mandir Marg
opposite Delhi Heart and Lung Institute. Balmiki Mela was going on over
there because of which it was very crowded. The complainant/injured Aman
came to him and informed him that he had sustained injuries. He noticed
blood oozing out from the left side near arm. He stopped a passerby bike and
took him to Delhi Heart and Lung Institute. In his cross-examination he
denied giving any statement to the police and also denied witnessing the
abovementioned incident.
9. Akshay (PW-10), cousin brother of Aman stated that no incident had
taken place before him with his cousin Aman. He did not know how Aman
sustained injuries and who caused these injuries.
10. Dr. Hitesh Chauhan (PW-2), Private Practitioner stated that on 18th
October 2013 he was working as a Resident (Cardiology) at Delhi Heart &
Lung Institute and on that day, he examined Aman who was brought in
casualty by Rahul. Aman was bleeding from knife stab wounds mid
clavicular line, parasternal region and 12 cm right to umbilicus region along
with some wounds on chest. He opined the injuries as dangerous in nature
and caused by a knife vide the MLC Ex.PW-2/A. Aman was referred to
higher centre for further intervention and management on the same day vide
Ex.PW-2/B.
11. Dr. Sanjay Solanki (PW-4), Senior CMO, Sir Ganga Ram Hospital
stated that on 19th October 2013 Aman was brought to the hospital from
Delhi Heart and Lung Institute for treatment. He handed over the casualty
assessment sheet (Ex.PW-4/A) and emergency treatment record (Ex.PW-
4/B) of the patient to the police.
12. Roshan Lal (DW-1), Judicial Assistant, Juvenile Justice Board-II
produced the certified copy of statement of the complainant/injured Aman
recorded on 18th March 2014 vide Ex.DW-1/A and statement recorded on 4th
April 2014 Ex.DW-1/B.
13. Aman @ Kale in his statement recorded under Section 313 Cr.P.C.
stated that he did not make any disclosure statement to the police and his
signatures were obtained on a blank sheet by the police.
14. Learned counsel for the appellant has sought to highlight the
contradictions between the statement of the injured victim Aman made
before the Court and before the Juvenile Justice Board. As noted above, in
his deposition before the Court as well as before the Juvenile Justice Board,
the role assigned to Aman @ Kale is of attacking with knife. The only
difference in the two statements is that he deposed that after Aman @ Kale
stabbed him even 'C' and 'S' stabbed him in the stomach whereas before the
Juvenile Justice Board he stated that 'C' and 'S' had only caught hold of his
hand and Aman @ Kale attacked him with a knife. There is no
contradiction in the statements to the extent that Aman @ Kale attacked him
with the knife.
15. Since there is no contradiction in the two statements in so far as the
role of Aman @ Kale is concerned and the version of the victim Aman is
corroborated by the injuries caused to him which have been opined to be
dangerous in nature, this Court finds no infirmity in the impugned judgment
of conviction or the order on sentence. Appeal is accordingly dismissed.
16. Since the sentence of the appellant was suspended pending hearing of
the appeal, the appellant would surrender to custody to undergo the
remaining sentence. His bail bond and surety bond are cancelled.
17. Copy of this order be sent to Superintendent Central Jail Tihar for
updation of the Jail record.
18. TCR be returned.
(MUKTA GUPTA)
APRIL 29, 2019 JUDGE
'vj/rk'
