Session Case No. – 74/2012
DELHI DISTRICT COURT
Date of Judgement: 25th February 2014
Bench: Hon’ble Vinay Kumar Khanna J.
Relevant Acts/Sections:
- Section 437 Cr. P.C. (When bail may be taken in case of non-bailable offence)
Branch: Forensic Physics
Backstory
On 20th August 2010. At around 11:15 P.M., Duty Officer, Police Station Jamia Nagar recorded in the daily diary no. 46-A, that “Shaheen Bagh, Okhla Thokar no. 8, near Kalindi Kunk, labor pathar uttar rahi hai, eka admi dab gaya hai.” SI Satish Kumar, Constable Sanjay reached the spot where they found a loaded Tata 407 Tempo, bearing registration no. DL-1-LG-6096 was tugged in a sewer hole and stone slabs and wooden supports found in broken condition. SI Satish Kumar met complainant Saindar Sagar, he was working as a driver of Tata 407 Tempo bearing registration no. UP-13-T-1590. Saindar Sagar (complainant) stated that, on 20th August 2010, at around 08:30 P.M., he had brought his marble stone loaded vehicle to Shaheen Bagh from Kavita Marble, Noida. Along with him there was one more vehicle Tata 407 Tempo, bearing registration no. DL-1-LG-6096 driven by Dhramveer Singh (deceased). The vehicle stopped near a plot, a wheel of tempo was tugged in a pit of sewer and as a result, the tempo touched a Santro Car parked on the side of the lane. Rashid Miya went to inform Maaz Ahmed, owner of the Santro Car bearing registration no. DL-3-CAB-1942, the owner came there, saw the condition of the car, and started beating Sainder Sagar and Dhramveer. The Santro car owner called 4-5 boys, and they started beating him. One person took out wooden support affixed in the Tata 407 tempo and hit on the shoulder of Dharmveer, the same person out of anger, hit another support due to which affixed support was removed and the stones fell over on Dhramveer. Sainder Sagar got some injuries on his hand and chest. The stones were removed by the people and took Dhramveer to the hospital. Sainder Sagar stated that the incident occurred because of the removal of the support attached to the stones. Based on the statement, the FIR was registered.
On the way to the hospital, Dhramveer died, and the dead body was sent to AIIMS Hospital.
On 11th November 2010, Maaz Ahmed (accused) was formally arrested, and Test Identification Proceeding (TIP) was conducted at Tihar Jail, witness Sainder Sagar failed to identify Maaz Ahmed. The Santro car bearing registration no. DL-3-CAB-1942, was dented and painted and IO seized the car and sent it to FSL, Rohini for an expert opinion.
Postmortem Report
On 21st August 2010, Dr. Subhash Chandra conducted the post-mortem of Dhramveer dead body and opined in the report that the cause of death was because of Haemorrhagic Shock because of abnormal injury caused by blunt force or surface. All injuries were antemortem.
Forensic Report
On 15th April 2011, Sh. S. S. Badwal, Senior Scientific Officer (Physics), examined a black color Santro Car bearing registration no. DL-3-CAB-1942, and opined in his report that “the black color Santro Car marked examined physically by using chemical reagent to find out its original color on its right-side rear door, and found that fresh paint was used in the area under the reference”.
Judgement
Accused Maaz Ahmed and Parvez Alam are hereby acquitted from the charges, as the prosecution has failed to establish the charges against the accused persons. The accused persons shall furnish bonds in the sum of Rs. 20,000/-, each with one surety under Section 437-A Cr. P.C.