State vs Chhote Lal Anr on 9 July, 2026

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    Delhi District Court

    State vs Chhote Lal Anr on 9 July, 2026

                                             IN THE COURT OF JMFC-05,
                                         WEST, TIS HAZARI COURTS, DELHI
                                        Presided over by- Sh. Ankur Panghal, DJS
    
    
                           Cr. Case No. -: 9208/2018
                           CNR No. -: DLWT020042722015
                           FIR No. -: 585/2014
                           Police Station -: Anand Parbat
                           Section(s) -: 324/341/34 IPC
    
    
                           In the matter of -
                           STATE
                                                             VS.
                           (1) CHHOTE LAL
                           S/o Mohan Lal
                           R/o G-217, Gayatri Colony,
                           Punjabi Basti, Baljeet Nagar,
                           Anand Parbat, Delhi.
    
                           (2) REENA
                           W/o Pappu
                           R/o G-218, Gayatri Colony,
                           Punjabi Basti, Baljeet Nagar,
                           Anand Parbat, Delhi.
                                                                                   .... Accused Persons
    
                           1.    Name of Complainant             :-    Annu
                           2.     Name of Accused                :-    (1) Chhote Lal
                                  Persons                              (2) Reena
                           3.    Offence complained of           :-    324/341/34 IPC
                                 or proved
                           4.    Plea of accused persons         :-    Not Guilty
                           5.    Date of Commission of           :-    18.11.2014
                                 offence
              Digitally
    
    
                           6.    Date of Filing of case          :-    11.08.2015
              signed by
              ANKUR
    ANKUR     PANGHAL
    PANGHAL   Date:
              2026.07.09
              16:34:04
              +0530
    
    
    
                            Cr. Case No. 9208/18   State vs. Chhote Lal and Anr.        Page 1 of 46
     7.     Date of Reserving Order         :-    06.07.2026
    8.     Date of Pronouncement           :-    09.07.2026
    9.     Final Order                     :-    (1) Chhote Lal:
                                                 Acquitted
                                                 (2) Reena:
                                                 Acquitted
    
    Argued by -: Ms. Arunima Goel, Ld. APP for the State.
                 Sh. S.N. Thakur, Ld. Counsel for the accused
                 persons.
                                  JUDGMENT
    

    BRIEF STATEMENT OF REASONS FOR THE DECISION
    FACTUAL MATRIX

    1. Briefly stated, the case of the prosecution against the
    accused persons is that the complainant namely Annu resides at
    G- 218, Gaytri Colony, Punjabi Basti, Baljeet Nagar, Anand
    Parbat. It is further case of prosecution that on 18.11.2014 at
    about 8:00 PM, accused person namely Reena was abusing
    neighbour of complainant namely Rajdhari and the complainant
    asked accused Reena why she was abusing him, upon which she
    started speaking abusively to complainant and began hurling
    abuses. It is further alleged that when the complainant asked
    accused Reena not to use abusive language, she started scuffling
    with the complainant and in the meantime, accused Reena’s
    husband, Chhote Lal (accused herein), also arrived. It is further
    alleged that accused Reena caught hold of the complainant, and
    accused Chhote Lal inflicted injuries on both hands of the
    complainant with some sharp object. Mother, Savitri Devi, and
    neighbour, Rajdhari, of complainant intervened and rescued her.
    Someone called at number 100, and the PCR vehicle took the Digitally signed
    ANKUR by ANKUR
    PANGHAL
    PANGHAL Date: 2026.07.09
    16:34:09 +0530

    SPONSORED

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 2 of 46
    complainant to the hospital. As such it is alleged that the accused
    persons namely Chhote Lal and Reena have committed the
    offences punishable under sections 324/341/34 of The Indian
    Penal Code
    , 1860 (hereinafter referred as IPC). Thereafter, a
    chargesheet was filed against the accused persons after
    completion of investigation on 11.08.2015 for the offences
    punishable U/s 324/341/34 of IPC.

    APPEARANCE OF ACCUSED PERSONS

    2. Accused persons namely Chhote Lal and Reena
    entered appearance before the court. In terms of section 207 of
    the Code of Criminal Procedure, 1973 (hereinafter, “CrPC“), the
    accused persons were supplied the copy of the chargesheet as
    well as documents relied upon in the same.

    3. On a finding a prima facie case against the accused
    persons, a charge was framed for the offences punishable U/s
    324/341/34 of IPC against the accused persons namely Chhote
    Lal and Reena on 03.08.2018. The accused persons pleaded not
    guilty and claimed trial.

    PROSECUTION EVIDENCE

    4. During the trial, prosecution led the following oral
    and documentary evidence against the accused persons to
    prove its case beyond reasonable doubt: –

    ORAL EVIDENCE

    PW1 :- Annu (Complainant)
    PW2 :- Savitri Devi (Eye Witness and mother of
    complainant)
    PW3 :- W/HC Snehlata (Accompanied Ist IO to the
    spot)
    PW4 :- Rajdhari (Eye Witness and neighbour of
    complainant)
    ANKUR Digitally signed by
    ANKUR PANGHAL

    PANGHAL Date: 2026.07.09 16:34:18
    +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 3 of 46
    PW5 :- SI Vidhyakar Pathak (Ist IO)
    PW6 :- ASI Balram (IInd IO)
    PW7 :- ASI Ramesh Chand (Accompanied Ist IO to
    the spot)
    PW8 :- Dr. Saurabh Jain (To prove MLC of
    complainant)

    DOCUMENTARY EVIDENCE

    Ex. PW1/A :- Statement of complainant recorded by
    police officials
    Ex. PW1/B :- Arrest memo of accused Chhote Lal
    Ex. PW1/C :- Arrest memo of accused Reena
    Ex. PW5/A :- Rukka
    Ex. PW5/B :- Site Plan
    Ex. PW8/A :- MLC No. 6871 dated 18.11.2014 of
    complainant

    ADMITTED DOCUMENTS (under S. 294 CrPC)

    Ex. AD-1 :- Registration of FIR along with certificate
    U/s 65 B of The Indian Evidence Act,
    1872
    without admitting the contents
    Ex. AD-2 :- Endorsement on rukka
    Ex. AD-3 :- DD No. 28A dated 18.11.2014 PS Anand
    Parbat

    5. Ms. Annu (PW-1) is the complainant in the present
    case. She took the stand to depose that on 18.11.2014 at about
    8:00. P.M., accused Reena was abusing someone and she asked
    her not to abuse. PW1 further deposed that upon this, accused
    Reena started abusing her and when she resisted her, accused
    Reena started beating her. PW1 further deposed that in the
    meantime, husband of accused Reena, i.e., accused Chhote Lal
    also reached there. PW1 further deposed that thereafter, accused
    Reena caught hold of her and accused Chhote Lal hit on her
    Digitally
    signed by
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09
    16:34:25
    +0530 Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 4 of 46
    hands with one sharp edged object. PW1 further deposed that her
    mother Savitri Devi and neighbour Rajdhari came to rescue her.
    PW1 further deposed that thereafter, she became semi-
    unconscious. PW1 further deposed that thereafter, somebody
    called at number 100 and police officials reached at the spot and
    took her to hospital. PW1 further deposed that police official
    recorded her statement Ex. PW1/A and on the same day, accused
    Chhote Lal was arrested by police officials vide arrest memo Ex.
    PW1/B. PW1 further deposed that on the next day, i.e.,
    19.11.2014, accused Reena was arrested vide arrest memo Ex.

    PW1/C. The complainant has correctly identified both the
    accused persons in the Court.

    5.1. PW1 was cross-examined by the Ld. APP for
    the State, after seeking permission from the Court, wherein she
    admitted the fact that IO prepared site plan at her instance. PW1
    also admitted the fact that the incident took place in front of
    Jhuggi No. G-218, Gayatri Colony, Anand Parbat, Delhi. PW1
    denied the suggestion that accused Chhote Lal is not husband of
    accused Reena and he is a relative of accused Reena. PW1
    further denied the suggestion that accused Chhote Lal used to
    live with accused Reena and this is the only reason why she
    thought that accused Chhote Lal is the husband of accused
    Reena. PW1 also admitted the fact that accused Reena was
    abusing her neighbour namely Rajdhari.

    5.2. In cross-examination by the Ld. Counsel for
    the accused persons, Ms. Annu (PW 1) deposed that she does not
    remember the exact date month and year of incident today. PW1
    further deposed that she can write her name, however she did not Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date: 2026.07.09
    16:34:32 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 5 of 46
    go to the school. PW1 further deposed that the incident happened
    in the night but she does not remember the exact time. PW1
    further deposed that she was sweeper in the Acharya Bhikshu
    Hospital at that time. PW1 further deposed that on that day she
    had taken leave. PW1 further deposed that attendance of her duty
    was maintained in the hospital. PW1 further deposed that on the
    date of her cross-examination, she cannot bring the duty register
    of that day. PW1 denied the suggestion that she was not working
    in the hospital at that time and she used to drive rikshaw in Karol
    Bagh at that time. PW1 further deposed that she had driven e-
    rikshaw for two years prior to the incident. PW1 further deposed
    that she does not remember the exact years. PW1 further deposed
    that she used to reside in Gali no. 20, Baljeet Nagar on rent and
    her mother used to reside in neighbourhood. PW1 further
    deposed that at that time her children used to reside with her
    husband in the neighbourhood as there was a matrimonial dispute
    between her and her husband. PW1 further deposed that she had
    purchased property from accused Reena, however she did not
    hand over the property, grabbed her money and beaten her again
    also. PW1 further deposed that house of Rajdhari was at a
    distance of 100 meter from her residence. PW1 further denied the
    suggestion that house of Rajdhari was at a distance of 5 km from
    her residence. PW1 further deposed that the house of Rajdhari
    was in troli basti gyatri basti.

    5.3. PW1 in her cross-examination further
    deposed that she reached at the house of Rajdhari between 08:30-
    09:00 PM on the date of incident. PW1 further deposed that she
    was going to meet her children. PW1 further denied the
    Digitally

    suggestion that her husband and children were residing in the
    signed by
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 6 of 46
    16:34:39
    +0530
    house of accused Reena. PW1 further denied the suggestion that
    at that time her husband was in jail. PW1 further denied the
    suggestion that accused Reena was looking after her children as
    her husband was in jail or that she had quarrelled with Reena due
    to this reason. PW1 further deposed that there were several
    public persons at the place of incident during the quarrel. PW1
    further deposed that she had not seen the weapon, however she
    lost her consciousness. PW1 voluntarily deposed that it was
    night. PW1 further deposed that public persons were present
    nearby at the time of incident but nobody help her. She
    voluntarily deposed that people were afraid of the accused. PW1
    denied the suggestion that she inflicted injuries herself to falsely
    implicate Reena as there was a dispute between Reena and her
    husband. PW1 further deposed that she does not remember the
    time when she gained her consciousness in the hospital. PW1
    further deposed that injuries inflicted to her were sustained at the
    T-point in the Gali (presently closed). PW1 further deposed that
    she does not know who had called 100 number. PW1 further
    denied the suggestion that she came from Karol Bagh side, while
    shouting that “Reena mai tume barbad kr dungi tum ne mera
    jeevan barbad kiya had” and inflicted injury upon her and ran
    towards Ramjas Gate. PW1 further deposed that she does not
    know who took her to the hospital. PW1 further deposed that
    when she gained her consciousness her mother was with her
    along-with Rajdhari. PW1 further deposed that she was
    discharged from the hospital with in one hour but she does not
    remember as to where she had gone first time. PW1 further
    deposed that she does not remember the exact time. PW1 further
    deposed that police recorded her statement at the hospital. PW1 Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL Date: 2026.07.09
    16:34:46 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 7 of 46
    further deposed that police did not record statement of any
    person in the hospital in her presence. PW1 also denied the
    suggestion that she is deposing falsely to implicate the accused.

    6. Savitri Devi (PW 2) is the eye witness and mother of
    complainant who took the stand to depose that in the year 2014,
    accused Reena was abusing someone and her daughter Annu
    heard the voice and went outside and asked accused not to abuse
    anybody. PW2 further deposed that upon this, accused Reena
    started abusing her daughter and when her daughter tried to stop
    her, accused Reena started beating her. PW2 further deposed that
    she was inside her house at that time, and on hearing voice of
    screaming, she went outside. PW2 further deposed that she saw
    that her daughter Annu was caught hold by accused Reena and
    accused Chhote Lal hit on the hand of her daughter with some
    sharp object. PW2 further deposed that thereafter, she tried to
    rescue her daughter from the clutches of accused persons. PW2
    further deposed that her daughter Annu became semi
    unconscious and somebody called at number 100. PW2 further
    deposed that police official came and took her daughter to
    Bhikshu Hospital. PW2 further deposed that her daughter was
    given treatment in the hospital and police officials recorded her
    statement as well as of her daughter. The witness has identified
    both accused persons namely Reena and Chhote Lal in Court.
    PW2 further deposed that her daughter Annu had shown the
    place of incident to police officials.

    6.1. Savitri Devi (PW 2) was cross-examined by
    the Ld. Counsel for the accused persons, wherein she has
    deposed that she does not remember the date month and year of
    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date: 2026.07.09
    16:34:53 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 8 of 46
    the incident. PW2 further deposed that the incident happened at
    08:00 P.M. and Reena was quarrelling with someone, when
    Annu reached there from her residence. PW2 further deposed
    that she used to reside in the neighbourhood of Annu. PW2
    further deposed that Reena had assaulted Annu from iron hook.
    PW2 further deposed that Chhote Lal had caught hold Annu.
    PW2 further deposed that she reached at the spot along with
    Annu. PW2 further deposed that there were several public
    persons present at the spot but they were in favour of accused
    persons. PW2 further deposed that after the incident Annu ran
    into the Gali and she went behind Annu and called at 100 number
    after seeing blood. PW2 further deposed that police reached there
    after some time and police met her on the road. PW2 further
    deposed that she had also brought Annu with her. PW2 further
    deposed that Annu was unconscious for some time. PW2
    admitted the fact that there was some property dispute between
    Annu and Reena. PW2 further deposed that husband of Annu
    was not residing with her at the time of incident. PW2 further
    deposed that Annu was not driving E-rickshaw for lively hood on
    the day of incident. PW2 further deposed that Annu used to drive
    earlier. PW2 admitted the fact that Annu used to reside at the
    Gali no. 20 near Baljeet Nagar. PW2 further deposed that she
    along with Annu and Rajdhari went to the hospital along with
    police officials. PW2 further deposed that she, Annu and
    Rajdhari returned to their respective houses from the hospital
    with in one hour of admission. PW2 further deposed that police
    recorded her statement as well as statements of Annu and
    Rajdhari at the hospital. PW2 further deposed that she does not
    remember if she went to the PS at any point of time. PW2 further
    ANKUR
    Digitally signed by
    ANKUR PANGHAL

    PANGHAL Date: 2026.07.09
    16:35:00 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 9 of 46
    deposed that police visited their house after the day of incident.
    PW2 denied the suggestion that Annu had falsely implicated
    accused Reena and her husband or that Annu had inflicted injury
    on herself. PW2 also denied the suggestion that she is deposing
    falsely.

    7. W/HC Snehlata (PW 3) was examined in chief on
    19.11.2022 wherein she sated on oath that on 19.11.2014, she
    was posted as W/Ct at PS Anand Parbat and on that day, she
    joined the investigation of the present case along with SI
    Vidhyakar Pathak. PW3 further deposed that they went to
    Gayatri Colony where the complainant Annu met them. PW3
    further deposed that on the instance of complainant Annu and
    after inquiry, a person namely Reena was arrested by the IO.
    PW3 further deposed that IO prepared the arrest memo Ex.
    PW1/C in her presence as well as in the presence of complainant
    Annu. The witness has correctly identified the accused Reena in
    Court and further deposed that IO recorded her statement.

    7.1. In cross-examination, W/HC Snehlata (PW 3)
    deposed that the DD entry might have been made IO/SI
    Vidhyakar Pathak. PW3 further deposed that she does not know
    about the DD entry and they went to Gayatri Colony on the
    motorcycle of IO/ SI Vidyakar Pathak. PW3 further deposed that
    as far as she remembers, complainant met them and no other
    person apart from public persons was present there. PW3 further
    deposed that IO requested the public persons to join the
    investigation but none of them agreed and went away by stating
    some reasons. PW3 further deposed that she does not remember
    for how much time they remained at the spot. PW3 further
    Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL Date: 2026.07.09
    16:35:07 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 10 of 46
    deposed that the arrest memo Ex. PW1/C was prepared at the
    spot by the IO. PW3 further deposed that she does not know
    whether IO had obtained the signature of accused on arrest
    memo. PW3 further deposed that she does not remember the
    exact time when the arrest memo was prepared. PW3 further
    deposed that IO recorded her statement at the spot only. PW3
    admitted the fact that Gayatri Colony is the public residential
    area. PW3 denied the suggestion that accused is falsely
    implicated in present case or that no document was prepared in
    her presence or that she is deposing falsely.

    8. Rajdhari (PW 4) took the stand to depose that on
    18.11.2014 at about 8:00 PM, accused Reena was abusing him by
    standing outside her house and meanwhile, one lady namely
    Annu came there and asked accused Reena not to abuse. PW4
    further deposed that on hearing this, accused Reena started
    abusing Annu and thereafter, heated arguments took place
    between accused Reena and Annu and altercation started between
    them. PW4 further deposed that Annu was carrying some
    documents in her hand and accused Reena was trying to snatch
    those documents. PW4 further deposed that meanwhile, accused
    Chhote Lal reached there. PW4 further deposed that thereafter,
    accused Reena caught hold of Annu and accused Chhote Lal hit
    one sharp edged thing on the hand of Annu. PW4 further deposed
    that blood started oozing out from the hand of Annu. PW4
    further deposed that accused Chhote Lal snatched the documents
    from Annu. PW4 further deposed that they tried to save Annu
    from the clutches of accused persons and on seeing the blood,
    both accused persons flee from there. PW4 further deposed that
    Digitally

    somebody called at number 100. PW4 further deposed that police
    signed by
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09
    16:35:16
    +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 11 of 46
    officials reached at the spot and took injured to hospital in the
    PCR vehicle. PW4 further deposed that he also accompanied
    Annu to hospital. PW4 further deposed that police officials
    reached at the hospital and when he told the facts to the police
    officials, police official scolded him and told him that how do he
    knows about the incident. PW4 further deposed that in this
    regard, IO recorded his statement. The witness has correctly
    identified both accused persons in the Court.

    8.1. Rajdhari (PW 4) was cross-examined by the
    Ld. Counsel for the accused persons wherein he deposed that he
    knows Annu from the past 15-20 years as she is his neighbour.

    PW4 admitted the fact that accused Reena is also her neighbour.
    PW4 further deposed that the incident happened on 18.11.2014.
    PW4 further deposed that accused Reena and Annu are not
    relatives. PW4 further deposed that there is one dispute with
    regard to property between accused Reena and Annu. PW4
    further deposed that there is no case /litigation pending in any
    Court between accused Reena and Annu as per his knowledge.
    PW4 further deposed that he does not know why accused Reena
    started abusing him on 18.11.2014. PW4 further deposed that he
    had quarrel with accused Reena time and again prior to this
    incident. PW4 further deposed that he had filed complaint against
    accused Reena with regard to the quarrel prior to this incident.
    PW4 further deposed that he does not know the FIR number of
    the case which was filed by him against accused Reena. PW4
    further deposed that as far as he knows Annu was carrying
    General Power of Attorney of one property. PW4 further deposed
    that he cannot tell whose GPA it was. PW4 further deposed that
    Digitally
    signed by

    the incident happened in Gali in front of the houses and the
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09
    16:35:21
    +0530
    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 12 of 46
    neighbours gathered at the spot after the incident. PW4 further
    deposed that no such incident had happened between accused
    Reena and Annu prior to this incident. PW4 further deposed that
    he does not know who had called at number 100. PW4 further
    deposed that police officials reached at the spot after half an
    hour. PW4 further deposed that he does not know whose
    statement was recorded at the spot by the police officials. PW4
    further deposed that police officials remained at the spot for
    about 10 minutes and his statement was recorded by police
    officials in the hospital. PW4 denied the suggestion that no such
    incident had happened before him. PW4 further denied the
    suggestion that he is deposing falsely at the instance of the IO.

    9. SI Vidhyakar Pathak (PW 5) took the stand to
    depose that on 18.11.2014, he was posted at PS Anand Parbat as
    SI and he received DD no. 28A. PW5 further deposed that
    thereafter, he along with Ct. Ramesh went to the spot i.e.,
    Punjabi Basti, where he came to know that injured was taken to
    the hospital by PCR Van. PW5 further deposed that he received
    information from the DO that injured was taken to Acharya
    Bhikshu Hospital, Moti Nagar. PW5 further deposed that
    thereafter, he went to Acharya Bhikshu Hospital. PW5 further
    deposed that injured Annu was undergoing treatment there. PW5
    further deposed that thereafter, he received MLC of injured Annu
    and recorded her statement Ex. PW1/A. PW5 further deposed
    that he prepared rukka Ex. PW5/A and handed over the rukka to
    Ct. Ramesh for registration of FIR. PW5 further deposed that
    accordingly, he went to the PS and got the FIR registered and
    returned to the spot. PW5 further deposed that he had already
    Digitally
    signed by

    reached at the spot and injured also came there. PW5 further
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09
    16:35:28
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 13 of 46
    deposed that he prepared site plan Ex. PW5/B at the instance of
    injured Annu. PW5 further deposed that he arrested accused
    Chhote Lal at the instance of Annu vide memo Ex. PW1/B and
    accused Chhote Lal was given police bail. PW5 further deposed
    that on next day, accused Reena was arrested vide memo Ex.
    PW1/C and she was also released on police bail. PW5 further
    deposed that thereafter, further investigation was marked to HC
    Balram and he handed over the case file to MHC(r). The witness
    has correctly identified both accused persons in the Court and
    further deposed that he had recorded the statement of witnesses.

    9.1. SI Vidhyakar Pathak (PW 5) was cross-

    examined by the Ld. Counsel for the accused persons wherein he
    has deposed that the DD no. was received by him at about 08:15
    PM and he reached at the spot at about 08:30 PM. PW5 further
    deposed that he reached at hospital about 09:15 PM and
    statement of complainant Annu was recorded at about 09:30 PM,
    while she was undergoing treatment. PW5 further deposed that
    complainant Annu had come to the spot (her house) on her own
    and met him there. PW5 further deposed that the incident
    happened in front of the house of complainant Annu. PW5
    further deposed that the distance between complainant and
    accused is about 40 meters. PW5 further deposed that no public
    witness was present there. PW5 further deposed that nothing
    sharp edged weapon was recovered during investigation. PW5
    denied the suggestion that there was previous enmity between
    complainant and accused persons and complainant had inflicted
    injury upon her voluntarily to falsely implicate the accused
    persons. PW5 further denied the suggestion that no such incident
    as alleged had happened. PW5 further denied the suggestion that
    Digitally
    signed by
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 14 of 46
    16:35:35
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    he did not conduct fair investigation or that accused persons are
    falsely implicated in the present case.

    10. ASI Balram (PW6) is the second IO in present case
    and he took the stand to depose that on 25.12.2014, he was
    posted at PS Anand Parbat as HC and on that day, he received
    case file of the present case from MHC(r) at instruction of SHO
    concerned. He further deposed that he had gone through the case
    file and investigation was almost complete. PW6 further deposed
    that he has prepared charge sheet and filed in the court.

    10.1. ASI Balram (PW6) was cross-examined by
    the Ld. Counsel for the accused persons wherein he admitted the
    fact that he did not do any investigation in present case. PW6
    further deposed that he was beat officer of the area belonging to
    the parties, so he knew them but during investigation and he did
    not interact with them. PW6 further deposed that accused and
    complainant were neighbours, but he does not remember the
    exact distance between their house. PW6 denied the suggestion
    that he is deposing falsely.

    11. ASI Ramesh Chand (PW7) took the stand to depose
    that on 18.11.2014, he was posted at PS Anand Parbat as Ct. and
    on that day, he was working on night emergency duty with SI
    Vidhyakar Pathak. PW7 further deposed that thereafter, one PCR
    call received by IO and he along with him went to the spot i.e.,
    Punjabi Basti. PW7 further deposed that there they came to know
    that injured was taken to the hospital by PCR Van to Acharya
    Bhikshu Hospital. PW7 further deposed that thereafter, they went
    to Acharya Bhikshu Hospital and injured Annu was undergoing
    treatment there. PW7 further deposed that IO recorded her Digitally signed by
    ANKUR ANKUR PANGHAL

    PANGHAL Date: 2026.07.09
    16:35:42 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 15 of 46
    statement Ex. PW1/A. PW7 further deposed that IO prepared
    rukka and handed over the rukka to him for registration of FIR.

    PW7 further deposed that accordingly, he went to the PS and got
    the FIR registered and returned to the spot. PW7 further deposed
    that IO had already reached at the spot and injured also came
    there. PW7 further deposed that he prepared site plan Ex. PW5/B
    at the instance of injured Annu. PW7 further deposed that IO
    arrested accused Chhote Lal at the instance of Annu vide memo
    Ex. PW1/B and accused Chhote Lal was given police bail. PW7
    further deposed that thereafter they returned to the PS. The
    witness has correctly identified accused Chhote Lal in the court
    and further deposed that he had not seen accused Reena.

    11.1. ASI Ramesh Chand (PW7) was cross-

    examined by the Ld. Counsel for the accused persons wherein he
    has deposed that the DD no. was received at about 08:15 PM and
    they reached at the spot at about 08:30 PM. PW7 further deposed
    that they reached at the spot where the quarrel had happened,
    however he does not know whose house was in-front of the spot.
    PW7 further deposed that they directly went to the hospital and
    might have reached there in 10-15 minutes. PW7 further deposed
    that complainant had given her statement to the IO in his
    presence after they reached there. PW7 further deposed that
    complainant had also mentioned the name of Reena as culprit
    during investigation. PW7 further deposed that he does not
    remember as to the details of injuries sustained by complainant.
    PW7 further deposed that he went to the PS along-with the rukka
    between 09:00-09:30 P.M. PW7 further deposed that DO had
    registered the FIR within 30 minutes past 10:00 P.M. PW7
    Digitally
    signed by

    further deposed that complainant was present at the spot when he
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09
    16:35:49
    +0530 Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 16 of 46
    returned to the spot from PS. PW7 further deposed that he does
    not remember the house number of complainant. PW7 further
    deposed that complainant along-with her mother was present in
    the hospital when, they reached there first time. PW7 further
    deposed that at the spot Annu along-with her mother and IO was
    found. PW7 further deposed that no public persons had joined the
    investigation at the spot. PW7 further deposed that he cannot say
    if the house of Annu was not present near the spot. PW7 denied
    the suggestion that complainant Annu did not meet him at the
    spot when he returned there from PS. PW7 also denied the
    suggestion that he is deposing falsely.

    12. Dr. Saurabh Jain (PW8) took the stand to depose
    that in the year 2014, he was working as a CMO, Casualty
    Medical Officer in Acharya Shri Bikshu Govt. Hospital and on
    18.11.2014 at about 8.42 PM, he medically examined the patient
    Annu vide MLC No. 6871 Ex. PW 8/A.

    12.1. Dr. Saurabh Jain (PW8) was cross-examined
    by the Ld. Counsel for the accused persons wherein he admitted
    the fact he prepared the MLC as well as the fact that the injury
    which was suffered by complainant can occur by self-
    implication.

    STATEMENT OF ACCUSED PERSONS

    13. Thereafter, in order to allow the accused persons to
    personally explain the incriminating circumstances appearing in
    evidence against them, the statement of accused was recorded
    without oath on 18.12.2025 under section 313 CrPC. Accused
    persons stated that they are innocent and they have been falsely

    ANKUR
    Digitally
    signed by
    ANKUR
    PANGHAL
    implicated in present case. The accused persons further submitted
    PANGHAL Date:

    2026.07.09
    16:35:56
    +0530
    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 17 of 46
    that they want to lead defence evidence and the matter was fixed
    for defence evidence.

    DEFENCE EVIDENCE

    14. During the trial, accused persons led the following
    oral evidence, in their defence: –

    ORAL EVIDENCE

    DW1 :- Reena (Accused no. 2)
    DW2 :- Chhote Lal (Accused no. 1)
    DW3 :- Anita (Eye Witness)

    15. During the course of trial DW1 Reena was
    examined on 19.01.2026, who is accused no. 2. In her
    examination in chief, she has stated on oath that complainant
    along with her husband and child used to reside on rent in the
    accommodation provided by her. DW1 further deposed that after
    2-3 months, complainant had a fight with her husband and during
    the fight she hit herself with a knife on her head and sent her
    husband to jail. DW1 further deposed that after three days of
    husband Rakesh going to jail, complainant contracted a second
    marriage with a person namely Titu. DW1 further deposed that
    after marriage complainant used to beat her children badly
    therefore, she asked complainant to vacate her room. DW1
    further deposed that complainant was not vacating the room and
    was fighting with her, therefore, she called on 100 number. DW1
    further deposed that after the call, police official namely Rajeev
    Jha came at the spot and she informed the police official
    regarding the entire matter. DW1 further deposed that the police
    official told her to give 2-3 days to the complainant to vacate the Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date: 2026.07.09
    16:36:04 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 18 of 46
    room. DW1 further deposed that thereafter she received a
    message from husband of the complainant Rakesh from jail, who
    requested her to let his children stay in the accommodation and
    told her that he will take the children the moment he is released
    from jail. DW1 further deposed that thereafter she called police
    official Rajeev Jha and he got the room vacated from
    complainant and her husband. DW1 further deposed that the
    police official Rajeev Jha handed over the children of the
    complainant to her and told her that she should keep the children
    with her till the time husband of the complainant Rakesh is
    released from jail. DW1 further deposed that the complainant
    after leaving the rented accommodation used to frequently visit
    in her neighbourhood but complainant used to not visit her
    children. DW1 further deposed that after few days, accused
    Rakesh got released from jail and took his children along with
    him. DW1 further deposed that in November, 2014, she does not
    remember the exact date, she had a quarrel with Babita regarding
    the space in the lane. DW1 further deposed that thereafter Babita
    called Annu. DW1 further deposed that Annu came along with
    three four of her associates and they entered her house and broke
    her belongings including TV, fridge. DW1 further deposed that
    complainant Annu was fully intoxicated at that time and she then
    took a blade and started inflicting injuries upon herself with the
    same. DW1 further deposed that thereafter Annu and her
    associates ran from the spot. DW1 further deposed that she called
    on 100 number and a police official namely Pathak came at the
    spot. DW1 further deposed that police officials took photographs
    and video of her house and took her to PS. DW1 further deposed
    Digitally
    signed by
    ANKUR
    that at PS he made her sit for some time and also called
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09
    16:36:10
    +0530 Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 19 of 46
    complainant Annu. DW1 further deposed that the police officials
    made them settle the matter and told complainant Annu not to
    visit her house. DW1 further deposed that after sometime, she
    received a notice and then she got to know about the present
    case. DW1 further deposed that the present case has been filed
    falsely against her.

    15.1. Reena (DW1) was cross-examined by Ld.
    APP for the state wherein she has deposed that she does not have
    the documents of tenancy between her and complainant Annu or
    her husband. DW1 voluntarily stated that they did not enter into
    written rent agreement. DW1 further deposed that she does not
    have any proof of second marriage of the complainant. DW1
    voluntarily deposed that her neighbour namely Anita can also
    depose regarding the same. DW1 further deposed that she does
    not have any documentary proof or proof of any kind to show
    that complainant Annu used to beat her children and she had kept
    children of complainant with her for some time. DW1 further
    deposed that she does not have the record of the 100 number call
    made by her on the day of incident. DW1 further deposed that
    she did not give any written complaint against complainant and
    her associates for entering her house and breaking her
    belongings. DW1 denied the suggestion that she does not have
    the record of 100 number call and she did not give written
    complaint as no incident as stated by her took place. DW1 further
    denied the suggestion that she does not remember the date of
    incident as she is deposing falsely. DW1 further deposed that she
    had a dispute regarding property with Babita which has been
    Digitally
    recently disposed of by the SDM Court and on the day of
    signed by
    ANKUR

    incident also she was having fight due to the same dispute. DW1
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 20 of 46
    further deposed that she does not know the name of the
    associates who accompanied Annu on the day of incident. DW1
    further deposed that she does not have the photographs and video
    of the belongings broken by complainant and her associates.
    DW1 voluntarily deposed that however one of the neighbours
    namely Anita can depose regarding the same. DW1 further
    deposed that she does not have any proof to show that
    complainant Annu was in intoxicated state. DW1 further denied
    the suggestion that Annu and her associates had not come to her
    house and broke her belongings and therefore she does not have
    the photographs and videos of the same. DW1further denied the
    suggestion that complainant was not in intoxicated state and
    therefore the said intoxication has also not come in the MLC.
    DW1further denied the suggestion that the complainant had not
    inflicted injury upon herself. DW1further denied the suggestion
    that on 18.11.2014 at about 08:00 PM she was abusing someone
    when complainant asked her not to abuse. DW1further denied the
    suggestion that she had abused the complainant and given her
    beating. DW1further denied the suggestion that she caught hold
    of the complainant and her husband inflicted injury upon the
    hands of the complainant with a sharp-edged weapon.
    DW1further denied the suggestion that accused Chote Lal is her
    husband. DW1 further deposed that the said accused is her
    neighbour. DW1further denied the suggestion that police
    officials had come on the spot and took the complainant for her
    medical. DW1 also denied the suggestion that she is deposing
    falsely.

    16. Chhote Lal (DW2) is accused no. 1 and he was

    ANKUR
    Digitally
    signed by
    ANKUR
    PANGHAL
    examined on 19.01.2026. In his examination in chief, he has
    PANGHAL Date:

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    +0530
    stated on oath that on the day of incident he was not present at
    the spot, rather was at his place of work at B.K. Enterprises,
    Naraina. DW2 further deposed that he came back at his house at
    about 09:15 PM, after which police officials came and took him
    to PS. DW2 further deposed that he does not have any concern
    with the present matter and he has been falsely implicated by the
    complainant as he used to reside in the neighbourhood and was
    friends with accused Reena.

    16.1. Chhote Lal (DW2) was cross-examined by
    Ld. APP for the state wherein he has deposed that he does not
    have any proof to show his presence at B.K. Enterprises, Nariana
    on the day and time of incident. DW2 denied the suggestion that
    on 18.11.2014 at about 08:00 PM accused Reena was abusing
    someone and when complainant asked her not to abuse, she
    started abusing the complainant and gave her beating. DW2
    further denied the suggestion that accused Reena caught hold of
    the complainant and he inflicted injury upon the hands of the
    complainant with a sharp-edged weapon. DW2 further denied the
    suggestion that he is deposing falsely regarding his presence at
    factory and therefore he does not have any proof regarding the
    same. DW2 also denied the suggestion that he is deposing
    falsely.

    17. Anita (DW3) is alleged to be an eye witness and she
    was examined on 12.02.2026. In her examination in chief, she
    has stated on oath that she is residing at H. No. G-219, Gayatri
    Colony, Punjabi Basti, Baljeet Nagar, Anand Parbat, Delhi and
    besides the house of accused. DW3 further deposed that on
    18.11.2014, at about 8 P.M. she was standing at the gate of her
    Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL Date: 2026.07.09
    16:36:32 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 22 of 46
    house and at that time accused Reena and one other person
    namely Babita was quarrelling. DW3 further deposed that Babita
    was loudly telling her husband that “Annu ko bulao”. DW3
    further deposed that after some time Annu along with four other
    unknown persons reached there and they entered in the room of
    accused Reena for breaking the house articles. DW3 further
    deposed that after some time complainant Annu cried and said
    that today, she will implicate Reena in a false case. DW3 further
    deposed that thereafter complainant Annu gave cut, with a blade,
    on the upper part of both hands. DW3 further deposed that
    thereafter Complainant Annu ran way shouting from there. DW3
    further deposed that she does not know after that what happened.

    17.1. Anita (DW3) was cross-examined by Ld. APP
    for the state wherein she has deposed that she is not sure whether
    the date of incident was 18 but year was 2014. DW3 further
    deposed that she also does not know the month of the year 2014
    when incident happened. DW3 further deposed that she is
    residing along with her family members i.e., her husband and
    three children, at G-219, Gayatri Colony, Punjabi Basti, Baljeet
    Nagar, Anand Parbat, Delhi since 2007. DW3 further deposed
    that accused Reena along with her family members was residing
    at G-218, Gayatri Colony, Punjabi Basti, Baljeet Nagar, Anand
    Parbat, Delhi prior to her. DW3 admitted the fact that she and her
    husband have cordial relationship with accused persons and she
    also talks with accused persons. DW3 further deposed that Annu
    came along with four other persons in sound condition. DW3
    further deposed that she does not know whether Annu was in
    drunk condition or not. DW3 further deposed that she did not file
    Digitally

    any complaint or call on 100 number when Annu came along-
    signed by
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09
    16:36:37

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 23 of 46
    +0530
    with 4 other unknown persons and entered the house of accused
    Reena. DW3 further deposed that she did not see Annu breaking
    the house articles. DW3 further deposed that she only heard noise
    of the same. DW3 further deposed that she does not know
    whether Babita is related to complainant Annu or not. DW3
    further deposed that complainant had cut her hand with the blade
    in her presence. DW3 further deposed that the complainant was
    standing outside the house of accused Reena at the time of
    injuring herself with the blade. DW3 further deposed that she
    was standing at the door of her house at that time. DW3 further
    deposed that she did not take complainant Annu to the hospital as
    after cutting herself with blade complainant ran from the spot.
    DW3 denied the suggestion that on 18.11.2014 at about 08:00
    PM Annu along-with 4 other unknown persons had entered the
    house of the accused. DW3 admitted the fact that she does not
    have any documentary proof to show that complainant had
    entered the house of the accused and broken her house articles.
    DW3 further denied the suggestion that Annu had not cut herself
    with the blade rather accused Reena gave her beating and
    accused Chhote Lal had hit Annu with the sharp-edged object.
    DW3 voluntarily deposed that accused Chhote Lal was not
    present at the spot. DW3 also denied the suggestion that she is
    deposing falsely at the instance of accused Reena.

    18. On 26.02.2025 defence evidence was closed on the
    joint statement of accused persons and the matter was fixed for
    final arguments.

    Digitally signed
    by ANKUR
    PANGHAL

    ANKUR Date:

    PANGHAL 2026.07.09
    16:36:43
    +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 24 of 46
    ARGUMENTS

    19. I have heard the Ld. APP for the state and Ld.
    counsel for the accused persons at length. I have also given my
    thoughtful consideration of the material appearing on record.

    20. It is argued by Ld. APP for the state that all the
    ingredients of the offence are fulfilled in the present case. She
    has argued that complainant has deposed in her testimony the
    correct date and time of incident and has also deposed that when
    she was being beaten by accused Reena, the accused Chhote Lal
    caught hold of complainant and hit her hand with a sharp-edged
    weapon. It is further argued that the testimony of complainant
    has been corroborated by PW2/Savitri Devi as well as
    PW4/Rajdhari, who are public witnesses. She has further argued
    that the injuries received by the complainant have been duly
    proved from the MLC of complainant Ex. PW8/A. Further
    reliance has been placed upon the judgment titled State of UP vs
    Naresh
    , 2011 SC and it has been submitted that in the said
    judgment
    it was held that the statement of injured witness is of
    great value as the said witness will not want to let actual person
    go unpunished, merely to implicate a third person. Further, the
    other evidence on record has corroborated the version of the
    eyewitness and the offences are proved beyond any doubt. As
    such, it is prayed that the accused persons be punished for the
    said offences.

    21. Per contra, Ld. counsel for the accused persons has
    argued that the state has failed to establish its case beyond
    reasonable doubt. It is argued that in the brief facts mentioned in
    chargesheet, it has been mentioned that the DD No. 28A was Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL Date: 2026.07.09
    16:36:52 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 25 of 46
    received on 11.08.2014, whereas the date of incident is
    18.11.2024. It is further argued that the said DD No. 28 A
    mentions that incident took place at Jhuggi No. C-218, Punjabi
    Basti, Anand Parbat and perusal of site plan reveals that C-218
    has not been mentioned in the same. It is further argued that the
    addresses of all three public witnesses, examined by the
    prosecution, are completely different and are not in vicinity of
    each other. It is further argued that there are material
    contradictions in the testimonies of the eye witnesses and the
    complainant regarding the role played by both accused persons.
    It is further argued that the complainant has stated in her cross-
    examination that she has reached the house of Rajdhari in
    between 08:30 -09:00 PM, whereas the incident is alleged to
    have taken place at about 08:00 PM. It is further argued that no
    public persons were examined as witness by the prosecution,
    despite they being present at the spot. It is further argued that
    PW4/Rajdhari has deposed that accused Reena was abusing him,
    while standing outside her house, whereas other alleged eye
    witnesses including the complainant have deposed that accused
    Reena went to the house of PW4/Rajdhari. It is further argued
    that PW4/Rajdhari has deposed about property dispute between
    accused Reena and complainant. It is further argued that the
    witnesses are interested witnesses and accused persons have been
    falsely implicated in present case. It is further argued that the
    injury received by the complainant is a self-inflicted injury. Ld.
    Counsel has submitted that there are contradictions in the
    testimony of the eye-witnesses. It is argued that prosecution has
    failed to discharge the burden cast upon it. As such, it is prayed

    Digitally
    that accused persons be acquitted for the said offences.

              signed by
              ANKUR
    ANKUR     PANGHAL
    PANGHAL   Date:
              2026.07.09
              16:36:59
              +0530         Cr. Case No. 9208/18   State vs. Chhote Lal and Anr.   Page 26 of 46
     INGRIDIENTS OF THE OFFENCE
    
    

    22. The accused persons have been charged for the
    offences of voluntarily causing hurt by dangerous weapons or
    means (S. 324 IPC) and wrongful restraint (S. 341 IPC). In order
    to bring home the guilt of the accused, the prosecution has to
    prove that the accused person voluntarily caused simple hurt, as
    per Section 319 IPC, to the victim, by dangerous weapons or
    means. Similarly, offence under Section 341 IPC is proved by
    establishing that the accused person voluntarily obstructed the
    victim from proceeding in a direction in which the victim had a
    right to proceed. The twin conditions of prearranged plan and
    active participation are to be proved in order to fasten vicarious
    liability on the accused persons by virtue of Section 34 of the
    IPC.

    23. It would be appropriate to reproduce sections 319,
    324, 339, 341 & 34 of IPC, which are as follows:

    “319. Hurt –Whoever causes bodily pain, disease or infirmity to
    any person is said to cause hurt.

    324. Voluntarily causing hurt by dangerous weapons or means–
    Whoever, except in the case provided for by section 334,
    voluntarily causes hurt by means of any instrument for shooting,
    stabbing or cutting, or any instrument which, used as a weapon
    of offence, is likely to cause death, or by means of fire or any
    heated substance, or by means of any poison or any corrosive
    substance, or by means of any explosive substance or by means
    of any substance which it is deleterious to the human body to
    inhale, to swallow, or to receive into the blood, or by means of
    any animal, shall be punished with imprisonment of either
    description for a term which may extend to three years, or with
    fine, or with both.

    339. Wrongful restraint –Whoever voluntarily obstructs any
    person so as to prevent that person from proceeding in any
    direction in which that person has a right to proceed, is said
    wrongfully to restrain that person. Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date: 2026.07.09
    16:37:06 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 27 of 46
    Exception –The obstruction of a private way over land or water
    which a person in good faith believes himself to have a lawful
    right to obstruct, is not an offence within the meaning of this
    section.

    341. Punishment for wrongful restraint –Whoever wrongfully
    restrains any person shall be punished with simple imprisonment
    for a term which may extend to one month, or with fine which
    may extend to five hundred rupees, or with both.

    34. Acts done by several persons in furtherance of common
    intention –When a criminal act is done by several persons in
    furtherance of the common intention of all, each of such persons
    is liable for that act in the same manner as if it were done by him
    alone.”

    24. In order to prove the offences punishable under
    section 324 IPC, the prosecution has to prove beyond reasonable
    doubt, the following mandatory ingredients, viz.,

    i. Hurt: The accused should have caused bodily
    pain, disease or infirmity to any person;
    ii. Voluntary act: The hurt should have been caused
    voluntarily by the accused i.e., with the intention
    or knowledge that the accused by his/her act will
    cause hurt to any person;

    iii. By use of dangerous weapons or means: The hurt
    must have been caused by means of any
    instrument for shooting, stabbing or cutting, or
    any instrument which, used as a weapon of
    offence, is likely to cause death, or by means of
    fire or any heated substance, or by means of any
    poison or any corrosive substance, or by means
    of any explosive substance or by means of any
    substance which it is deleterious to the human
    body to inhale, to swallow, or to receive into the
    blood, or by means of any animal; and
    Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL Date: 2026.07.09
    16:37:12 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 28 of 46
    iv. Hurt not caused on provocation: The hurt must
    not be caused by the accused on grave and
    sudden provocation, so as to fall within the ambit
    of section 334 IPC.

    25. In order to prove the offences punishable under
    section 341 IPC, the prosecution has to prove beyond reasonable
    doubt, the following mandatory ingredients, viz.,

    i. Obstruction: The act must obstruct any person;
    ii. Prevention of movement: The obstruction must
    prevent that person from proceeding in any
    direction;

    iii. No legal justification: The obstructed person
    must have a right to proceed in that direction;
    and
    iv. Voluntary act: The obstruction must have been
    caused voluntarily.

    26. Section 34 IPC provides exception to the general
    rule that no man can be held responsible for an independent act
    and wrong committed by another. It lays down the principle of
    joint liability in the doing of a criminal act. The essence of that
    liability is to be found in the existence of common intention,
    emanating from the accused leading to the doing of a criminal act
    in furtherance of such intention. It deals with doing of separate
    acts, similar or adverse by several persons, if all are done in
    furtherance of common intention, each person is liable for the
    result thereof as if he had done the act himself. The soul of
    Section 34 IPC is the joint liability of doing a criminal act. This
    section only provides a rule of evidence and does not create a Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL Date: 2026.07.09
    16:37:20 +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 29 of 46
    substantive offence. Two elements are necessary to fulfil the
    requirement of Section 34 IPC. One is that the person must be
    present on the scene of occurrence and the second is that there
    must be a prior concert or a pre- arranged plan. Unless these two
    conditions are fulfilled, a person cannot be held guilty of an
    offence by operation of Section 34 IPC.

    27. Needless to mention, in criminal law, the burden of
    proof on the prosecution is that of beyond reasonable doubt. The
    presumption of the innocence of the accused has to be rebutted
    by the prosecution by reducing cogent evidence that point
    towards the guilt of accused. The evidence in the present case is
    to be weighed keeping in view the above legal standards.
    POINTS FOR DETERMINATION

    28. I have carefully gone through all the records at hand
    and testimony of the witnesses. After perusal, this court is of the
    opinion that the points for determination in the present case are:

    I. Whether on 18.11.2014 at about 08:00 PM in
    front of Jhuggi No. G-218, Gaytri Colony, Anand
    Parbat, Delhi the accused persons, in furtherance of
    their common intention, voluntarily caused simple hurt
    to the complainant namely Annu, by a sharp-edged
    weapon and thereby committed an offence punishable
    U/s 324/34 of The Indian Penal Code, 1860.
    II. Whether on 18.11.2014 at about 08:00 PM in
    front of Jhuggi No. G-218, Gaytri Colony, Anand
    Parbat, Delhi the accused persons, in furtherance of
    their common intention, wrongfully retrained the
    complainant namely Annu and thereby committed an
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 30 of 46
    offence punishable U/s 341/34 of The Indian Penal
    Code
    , 1860.

    ANALYSIS AND FINDINGS

    29. Events leading to incident – The case of the
    prosecution is that on 18.11.2014 at about 8:00 PM, accused
    person namely Reena was abusing neighbour of complainant
    namely Rajdhari and the complainant asked accused Reena why
    she was abusing him, upon which she started speaking abusively
    to complainant and began hurling abuses. This event led to the
    present incident.

    30. Evidence of injured witness – The prosecution in
    order to prove its case has examined the complainant namely
    Annu as PW-1, who is the star witness of the prosecution. This it
    becomes important here to discuss the lens with which the
    testimony of injured witness is to be evaluated. Reliance in this
    regard is placed on decision of Hon’ble Apex Court in Balu
    Sudam Khalde and Anr. vs. The State of Maharashtra
    (2023)
    SCC Online SC 355 where it was observed as follows:

    “26. When the evidence of an injured eye-witness is to be
    appreciated, the undernoted legal principles enunciated by the
    Courts are required to be kept in mind:

    (a) The presence of an injured eye-witness at the time and place
    of the occurrence cannot be doubted unless there are material
    contradictions in his deposition.

    (b) Unless, it is otherwise established by the evidence, it must be
    believed that an injured witness would not allow the real culprits
    to escape and falsely implicate the accused.

    (c) The evidence of injured witness has greater evidentiary value
    and unless compelling reasons exist, their statements are not to
    be discarded lightly.

    (d) The evidence of injured witness cannot be doubted on
    account of some embellishment in natural conduct or minor
    contradictions.

    (e) If there be any exaggeration or immaterial embellishments in
    the evidence of an injured witness, then such contradiction,
    exaggeration or embellishment should be discarded from the Digitally signed

    evidence of injured, but not the whole evidence. ANKUR
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 31 of 46

    (f) The broad substratum of the prosecution version must be
    taken into consideration and discrepancies which normally creep
    due to loss of memory with passage of time should be discarded.

    27. In assessing the value of the evidence of the eyewitnesses,
    two principal considerations are whether, in the circumstances
    of the case, it is possible to believe their presence at the scene of
    occurrence or in such situations as would make it possible for
    them to witness the facts deposed to by them and secondly,
    whether there is anything inherently improbable or unreliable in
    their evidence. In respect of both these considerations,
    circumstances either elicited from those witnesses themselves or
    established by other evidence tending to improbabilise their
    presence or to discredit the veracity of their statements, will
    have a bearing upon the value which a Court would attach to
    their evidence. Although in cases where the plea of the accused
    is a mere denial, the evidence of the prosecution witnesses has
    to be examined on its own merits, where the accused raise a
    definite plea or put forward a positive case which is inconsistent
    with that of the prosecution, the nature of such plea or case and
    the probabilities in respect of it will also have to be taken into
    account while assessing the value of the prosecution evidence.”

    30.1. Furthermore, In Bhag Singh v. State of
    Punjab
    (1997) 7 SCC 712, the Hon’ble Apex Court has observed
    as under:

    “10. It is a general handicap attached to all eyewitnesses, if they
    fail to speak with precision their evidence would be assailed as
    vague and evasive, on the contrary if they speak to all the events
    very well and correctly their evidence becomes vulnerable to be
    attacked as tutored. Both approaches are dogmatic and fraught
    with lack of pragmatism. The testimony of a witness should be
    viewed from broad angles. It should not be weighed in golden
    scales, but with cogent standards. In a particular case an
    eyewitness may be able to narrate the incident with all details
    without mistake if the occurrence had made an imprint on the
    canvas of his mind in the sequence in which it occurred. He may
    be a person whose capacity for absorption and retention of
    events is stronger than another person. It should be remembered
    that what he witnessed was not something that happens usually
    but a very exceptional one so far as he is concerned. If he
    reproduces it in the same sequence as it registered in his mind
    the testimony cannot be dubbed as artificial on that score alone.”

    Given the fact that each witness has a different perception of

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    facts, natural variations in their versions are bound to appear. As
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 32 of 46
    such, it is in this light that the evidence of injured witnesses is to
    be examined.

    30.2. Furthermore, in Neeraj Sharma v. State of
    Chhattisgarh
    [2024] 1 S.C.R. 40: 2024 INSC 6 the Hon’ble
    Supreme Court of India while discussing the importance of
    testimony of injured witness has held that the importance of
    injured witness in a criminal trial cannot be over stated. Unless
    there are compelling circumstances or evidence placed by the
    defence to doubt such a witness, this has to be accepted as
    extremely valuable evidence in a criminal trial.

    31. Contradictions and Inconsistencies – It has been
    argued by the Ld. Counsel for accused persons that there are
    material contradictions in the testimony of complainant and other
    public witnesses. Thus, it becomes pertinent to discuss the law
    regarding appreciation of evidence of a witness in case there are
    contradictions or inconsistencies in the testimony of the said
    witness. The Hon’ble Apex Court has pointed out in a catena of
    judgments that minor inconsistencies not going to the root of the
    matter, are of no consequence. In Brahm Swaroop vs. State of UP
    (2011) 6 SCC 288, it was observed, inter alia, as under –

    “32. It is a settled legal proposition that while appreciating the
    evidence of a witness, minor discrepancies on trivial matters,
    which do not affect the core of the prosecution’s case, may not
    prompt the Court to reject the evidence in its entirety. “Irrelevant
    details which do not in any way corrode the credibility of a
    witness cannot be labelled as omissions or contradictions.”
    Difference in some minor detail, which does not otherwise
    affect the core of the prosecution case, even if present, would
    not itself prompt the court to reject the evidence on minor
    variations and discrepancies. After exercising care and caution
    and sifting through the evidence to separate truth from untruth,
    exaggeration and improvements, the court comes to a conclusion
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    as to whether the residuary evidence is sufficient to convict the
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    the heart of the matter and shake the basic version of the
    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 33 of 46
    prosecution witness. As the mental capabilities of a human
    being cannot be expected to be attuned to absorb all the details,
    minor discrepancies are bound to occur in the statements of
    witnesses. (See: State of UP vs. MK Anthony (1985) 1 SCC
    505, State of Rajasthan vs. Om Prakash
    (2007) 12 SCC 381,
    State vs. Saravanan (2008) 17 SCC 587 and Prithu vs. State of
    HP (2009) 11 SCC 588)”

    31.1. Furthermore, the Hon’ble Supreme Court
    while dealing with the reliability of testimony of an injured
    witness in light of contradictions and discrepancies in State of
    U.P. v. Naresh
    , (2011) 4 SCC 324, has observed as under –

    “27. The evidence of an injured witness must be given due
    weightage being a stamped witness, thus, his presence cannot be
    doubted. His statement is generally considered to be very
    reliable and it is unlikely that he has spared the actual assailant
    in order to falsely implicate someone else. The testimony of an
    injured witness has its own relevancy and efficacy as he has
    sustained injuries at the time and place of occurrence and this
    lends support to his testimony that he was present during the
    occurrence. Thus, the testimony of an injured witness is
    accorded a special status in law. The witness would not like or
    want to let his actual assailant go unpunished merely to
    implicate a third person falsely for the commission of the
    offence. Thus, the evidence of the injured witness should be
    relied upon unless there are grounds for the rejection of his
    evidence on the basis of major contradictions and discrepancies
    therein. (Vide Jarnail Singh v. State of Punjab [(2009) 9 SCC
    719 : (2010) 1 SCC (Cri) 107] , Balraje v. State of Maharashtra
    [(2010) 6 SCC 673 : (2010) 3 SCC (Cri) 211] and Abdul Sayeed
    v. State of M.P. [(2010) 10 SCC 259 : (2010) 3 SCC (Cri) 1262]
    )”

    31.2. Furthermore, the Hon’ble Supreme Court
    Birbal Nath v. The State of Rajasthan & Ors [2023] 14 S.C.R.
    85: 2023 INSC 957, has observed as under –

    “… In Rammi v. State of M.P. (1999) 8 SCC 649, this
    Court had held as under:

    “24. When an eyewitness is examined at length it is quite
    possible for him to make some discrepancies. No true
    witness can possibly escape from making some discrepant
    details. Perhaps an untrue witness who is well tutored can
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    successfully make his testimony totally non-discrepant.
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    But courts should bear in mind that it is only when
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 34 of 46
    incompatible with the credibility of his version that the
    court is justified in jettisoning his evidence. But too
    serious a view to be adopted on mere variations falling in
    the narration of an incident (either as between the
    evidence of two witnesses or as between two statements of
    the same witness) is an unrealistic approach for judicial
    scrutiny.”

    31.3. The three judges Bench of Hon’ble Supreme
    Court of India on 09th January, 2025 in a case titled as Goverdhan
    & Anr. v. State of Chhattisgarh (Criminal Appeal No. 116 of
    2011) [2025] 1 S.C.R. 657: 2025 INSC 47 has held that:

    53. To the same effect it was also observed in Appabhai v. State
    of Gujarat
    (1988) Supp SCC 241 as follows:

    “13. … The court while appreciating the evidence must
    not attach undue importance to minor discrepancies. The
    discrepancies which do not shake the basic version of the
    prosecution case may be discarded. The discrepancies
    which are due to normal errors of perception or
    observation should not be given importance. The errors
    due to lapse of memory may be given due allowance. The
    court by calling into aid its vast experience of men and
    matters in different cases must evaluate the entire material
    on record by excluding the exaggerated version given by
    any witness. When a doubt arises in respect of certain
    facts alleged by such witness, the proper course is to
    ignore that fact only unless it goes into the root of the
    matter so as to demolish the entire prosecution story. The
    witnesses nowadays go on adding embellishments to their
    version perhaps for the fear of their testimony being
    rejected by the court. The courts, however, should not
    disbelieve the evidence of such witnesses altogether if
    they are otherwise trustworthy. Jaganmohan Reddy, J.
    speaking for this Court in Sohrab v. State of M.P. [(1972)
    3 SCC 751 : 1972 SCC (Cri) 819] observed : [SCC p. 756,
    para 8 : SCC (Cri) p. 824, para 8]…”

    31.4. The Hon’ble High Court of Delhi very
    recently on 31st October, 2025 in the case titled State vs. Ram
    Swaroop & Ors.
    in CRL.A. 969/2002 held that:

    14. Reference in this context can also be made to another
    judgment in State of U.P. V. Naresh and Ors. 2011 AD (SC) 20
    wherein it was observed in the following words: ANKUR
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 35 of 46
    “The evidence of an injured witness must be given due
    weightage being a stamped witness, thus, his presence
    cannot be doubted. His statement is generally
    considered to be very reliable and it is unlikely that he
    has spared the actual assailant in order to falsely
    implicate someone else. The testimony of an injured
    witness has its own relevancy and efficacy as he has
    sustained injuries at the time and place of occurrence
    and this lends support to his testimony that he was
    present during the occurrence. Thus, the testimony of
    an injured witness is accorded a special status in law.

    The witness would not like or want to let his actual
    assailant go unpunished merely to implicit a third
    person falsely for the commission of the offence. Thus,
    the evidence of the injured witness should be relied
    upon unless there were grounds for the rejection of his
    evidence on the basis of major contradictions and
    discrepancies therein.”

    15. The discrepancies/contradictions/improvements which are
    not material cannot discredit the testimony of an injured witness
    as was observed in the case titled as Vinod Tyagi & Ors. Vs.
    State
    2013 IV AD (Delhi) 145.

    16. Human memory has its own peculiar limitations of retaining,
    recapitulating, narrating and reiterating etc. It varies from person
    to person, event to event and from time to time etc. A person
    may very meticulously and vividly remember certain events,
    occurrences, persons or acts depending upon his own capacity,
    the importance attached to the persons, events, time, places, etc.
    Those very aspects may be too trivial for another person and
    therefore, little or no memory would be there. It is common that
    narration of events, etc. varies not only from person to person
    but the same person may not be able to recall and reiterate a
    particular thing/event, person/incident with the same precision
    and chronological order as was the first or the previous narrative
    was. This does not mean that the person was not privy to the
    event narrated, as long as the essential aspect remains intact and
    alive. A slip here or there or mix up about certain aspects would
    not rob the strength of the narration as long as the inference and
    impact of the narrative remains unadulterated and unaltered.

    17. The discrepancies/inconsistencies etc. are required to
    evaluated in the real world in real life situations, where minor
    and trivial ones are to be ignored. A mix up in the face and
    name, some minor mix up in chronological narrative, time gap,
    exact timings which document prepared, where and signed by
    whom first, so on and so forth are not potent enough to uproot
    the testimony of a witness, if the soul of the narrative remains
    intact. In this context reference can be made to the judgment
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 36 of 46
    State of Rajasthan Vs. Smt. Kalki & Anr reported in 1981 SCC
    (2) 752, it was held as under:

    “In the depositions of witnesses there are always some
    normal discrepancies however honest and truthful they
    may be. These discrepancies are due to normal errors of
    observation, normal errors of memory due to lapse of
    time, due to mental disposition such as shock and horror at
    the time of the occurrence, and the like. Material
    discrepancies are those which are not normal, and not
    expected of a normal person.”

    In Narayan Chetanram Chaudhary & Anr Vs. State of
    Maharashtra (Crl.A. 25-26/2000), the Apex Court held as
    under:

    “Only such omissions which amount to contradiction in
    material particulars can be used to discredit the testimony
    of the witness. The omission in the police statement by
    itself would not necessarily render the testimony of
    witness unreliable. When the version given by the witness
    in the Court is different in material particulars from that
    disclosed in his earlier statements, the case of the
    prosecution becomes doubtful and not otherwise. Minor
    contradictions are bound to appear in the statements of
    truthful witnesses as memory sometimes plays false and
    the sense of observation differ from person to person. The
    omissions in the earlier statement if found to be of trivial
    details, as in the present case, the same would not cause
    any dent in the testimony of PW.2. Even if there is
    contradiction of statement of a witness on any material
    point, that is no ground to reject the whole of the
    testimony of such witness. There is bound to be some
    discrepancies between the narrations of different witnesses
    when they speak on details, and unless the contradictions
    are of a material dimension, the same should not be used
    to jettison the evidence in its entirety. Incidentally,
    corroboration of evidence with mathematical niceties
    cannot be expected in criminal cases. Minor
    embellishment, there may be, but variations by reason
    therefore should not render the evidence of eye witnesses
    unbelievable. Trivial discrepancies ought not to obliterate
    otherwise acceptable evidence.”

    32. In the light of the aforesaid principles, the facts of the
    present case may be considered. Entire oral and documentary
    evidence led by the prosecution, in light of the settled principles

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    of criminal jurisprudence, has been carefully appreciated. It is
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    pertinent to note that the prosecution case rests substantially upon
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 37 of 46
    the testimonies of PW1 Annu, PW2 Savitri Devi and PW4
    Rajdhari. No independent public witness has been examined
    despite repeated assertions by the prosecution witnesses
    themselves that several public persons were present at the spot at
    the time of the alleged occurrence. PW1 categorically deposed
    that several public persons were present nearby during the
    quarrel. PW2 also admitted that several public persons were
    present at the spot. PW4 similarly stated that neighbours gathered
    at the place of occurrence. However, admittedly, no independent
    resident or neighbour from the locality was joined in the
    investigation or examined before the Court. PW5 and PW7
    further admitted that no public person joined the investigation.
    The site plan Ex. PW5/B also shows that the place of incident is
    a public place. It becomes pertinent here to discuss illustration

    (g) of section 114 of The Indian Evidence Act, 1872 that the
    Court may presume that evidence which could be and is not
    produced would, if produced, be unfavourable to the person who
    withholds it. The failure of the investigating agency to associate
    any independent witness assumes significance particularly
    because the alleged incident took place in a densely populated
    residential locality at about 8:00 PM. Such omission creates an
    adverse inference against the prosecution case, especially when
    the prosecution version is already suffering from material
    discrepancies.

    33. Though the prosecution has examined the complainant
    as an injured witness and has also examined two purported eye
    witnesses, namely PW2 Savitri Devi and PW4 Rajdhari, yet the
    evidence brought on record does not inspire the degree of
    confidence required for recording a conviction in a criminal trial.
    Digitally
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 38 of 46
    The testimony of PW1 Annu itself suffers from substantial
    inconsistencies regarding the place and manner of occurrence. As
    per the prosecution story, the incident occurred when PW1
    objected to accused Reena abusing PW4 Rajdhari. However,
    PW1 in her cross-examination stated that she reached the house
    of Rajdhari between 08:30 PM to 09:00 PM, whereas the incident
    is alleged to have occurred at about 08:00 PM. This contradiction
    is not a minor discrepancy relating to lapse of memory but
    directly affects the very presence of the complainant at the
    alleged place and time of occurrence. The prosecution has
    offered no explanation whatsoever regarding this inconsistency.
    Further, the testimonies of PW1, PW2 and PW4 materially
    contradict each other regarding the role attributed to each
    accused person. PW1 specifically alleged that accused Reena
    caught hold of her and accused Chhote Lal assaulted her with a
    sharp-edged object. However, PW2 gave an altogether different
    version by stating that accused Reena assaulted Annu with an
    iron hook and accused Chhote Lal merely caught hold of Annu.
    Thus, according to PW2, the actual assault was committed by
    accused Reena and not by accused Chhote Lal. This
    contradiction goes to the core of the prosecution case because the
    identity of the assailant and the overt act attributed to each
    accused is a foundational fact required to establish guilt under
    Section 324 IPC. Such contradictory versions regarding the
    actual perpetrator render the prosecution story doubtful and
    unreliable.

    34. Similarly, PW4 Rajdhari introduced yet another version
    by stating that accused Reena caught hold of Annu while accused
    Chhote Lal hit her with a sharp-edged object and additionally
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    snatched certain documents from her possession. The allegation
    regarding snatching of documents does not find mention either in
    the complaint Ex. PW1/A or in the testimony of PW1 or PW2.
    This is a material improvement made by PW4 during trial. Such
    inconsistencies regarding the genesis of incident assume
    importance because they affect the credibility of the prosecution
    witnesses and indicate embellishments in the prosecution
    version.

    35. Weapon of Offence: – The prosecution case also suffers
    from serious infirmities regarding the alleged weapon of offence.
    The prosecution alleges commission of offence under Section
    324
    IPC by use of a sharp-edged weapon. However, admittedly,
    no weapon whatsoever was recovered during investigation. PW5
    specifically admitted in his cross-examination that no sharp-
    edged weapon was recovered. Neither the nature of the alleged
    weapon nor its description has come consistently in evidence.
    PW1 herself admitted that she had not seen the weapon allegedly
    used and thereafter became unconscious. PW2 described the
    weapon as an “iron hook”, whereas PW1 and PW4 referred
    merely to a “sharp-edged object/thing”. However, the MLC Ex.
    PW8/A of the complainant mentions the kind of weapon as
    sharp. Such inconsistent descriptions create serious doubt
    regarding the actual manner in which injuries were caused.

    36. Medical Evidence – The version of the injured
    person is supported by medical evidence on record. The MLC of
    injured Ex. PW8/A has been proved by PW8, who has executed
    the same. Perusal of MLC reveals that a contused lacerated
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    wound of 7-8 cm on right arm and 04 contused lacerated wounds
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 40 of 46
    of 3-4 cm each on left arm has been mentioned on it. Further, the
    nature of injury mentioned is simple and the kind of weapon used
    is mentioned as sharp.

    36.1. The medical evidence also does not
    conclusively support the prosecution version. Though the MLC
    Ex. PW8/A proves the existence of injuries on the person of
    complainant, PW8 Dr. Saurabh Jain categorically admitted
    during cross-examination that the injuries sustained by the
    complainant could be self-inflicted. Thus, the medical evidence
    does not rule out the defence version. It is settled law that where
    medical evidence permits two possible views and the ocular
    evidence itself is shaky and inconsistent, the benefit of doubt
    must necessarily go to the accused, as held in Krishnegowda &
    Ors. v. State of Karnataka by Arkalgud Police
    [2017] 4 S.C.R.
    934 (p. 30).

    37. Official witnesses – The police officials examined
    by the prosecution include the first responders, the officials who
    investigated the case and other formal witnesses. These witnesses
    have deposed about the events that unfolded pursuant to the
    incident. PW3/W/HC Snehlata is the police official who
    accompanied the IO/PW5 SI Vidhyakar Pathak to the spot. The
    role of the witness is that she accompanied the IO to the spot and
    has deposed about the arrest of accused Reena, preparation of her
    arrest memo Ex. PW1/C and recording of her statement by the
    IO.

    37.1. PW5/SI Vidhyakar Pathak is the first IO in
    present case and he has deposed about receiving the MLC of
    injured, recording of statement of complainant Ex. PW1/A,
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    preparation of rukka Ex. PW5/A, manner of registration of FIR,
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    preparation of site plan Ex. PW5/B at the instance of
    complainant, arrest of accused persons, their release on police
    bail and recording of statements of witnesses. PW6/ASI Balram
    is the second IO in present case and he has deposed about filing
    of chargesheet in the court.

    37.2. PW7/ASI Ramesh Chand accompanied first
    IO to the spot and he has deposed regarding going to hospital
    along with the IO, recording of statement of complainant by the
    IO, manner of registration of FIR by him, preparation of site plan
    by the IO, the arrest of accused Chhote Lal and his subsequent
    release on police bail. The police witnesses are only relevant to
    prove the investigation conducted after the incident. The version
    of these witnesses generally corroborates the claims of the public
    witness. The fact that they have deposed differently about certain
    facts cannot be a ground to disbelieve the whole case of the
    prosecution.

    38. Defence of accused – The defence has consistently
    projected a case of false implication arising out of prior disputes
    between the parties. Significantly, the existence of prior property
    dispute between complainant and accused Reena has been
    admitted not only by the defence witnesses but also by
    prosecution witnesses themselves. PW1 admitted that she had
    purchased property from accused Reena and alleged that accused
    Reena neither handed over possession nor returned the money.

    PW2 also admitted existence of property dispute between Annu
    and Reena. PW4 similarly admitted a property dispute between
    them and further admitted that he himself had previous quarrels
    with accused Reena and had earlier filed complaints against her.
    Digitally

    Thus, admitted prior animosity between parties furnishes a strong
    signed by
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    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 42 of 46
    motive for false implication and therefore the testimonies of such
    interested witnesses required cautious scrutiny and independent
    corroboration, which is conspicuously absent in the present case.

    38.1. The defence evidence, though not required to
    be proved beyond reasonable doubt, has further succeeded in
    probabilising the defence version. DW3 Anita, an alleged
    neighbour residing adjacent to accused Reena, deposed that
    complainant Annu had arrived along with several persons and
    later inflicted injuries upon herself with a blade while threatening
    to falsely implicate accused Reena. Though the testimony of
    DW3 may not be wholly free from doubt, it nevertheless acquires
    significance because it finds partial corroboration from the
    medical testimony of PW8 that the injuries could be self-
    inflicted. It is a settled principle that the defence is only required
    to create a reasonable probability in favour of the accused and
    not to establish its case beyond all doubt.

    39. Furthermore, to constitute wrongful restraint, the
    prosecution was required to prove voluntary obstruction
    preventing the complainant from proceeding in a direction in
    which she had a legal right to proceed. However, there is
    absolutely no specific evidence on record showing that the
    complainant was obstructed or prevented from proceeding in any
    particular direction. The prosecution witnesses merely alleged
    scuffle and assault. Even if the entire prosecution version is
    accepted at face value, the evidence does not disclose the specific
    ingredient of “wrongful restraint” as contemplated under Section
    339
    IPC. Mere catching hold of a person during a quarrel,
    without evidence of intentional obstruction of movement, would
    Digitally
    signed by
    not ipso facto satisfy the legal ingredients of Section 341 IPC.
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09
    16:39:04
    +0530
    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 43 of 46

    40. Regarding Section 34 IPC, it is observed that the
    provision makes a person jointly acting in concert with others,
    and in furtherance of their common intent, liable for any act done
    by any person involved in the offence. The Hon’ble Apex Court,
    in Abdul Sayeed vs. State of MP (2010) 10 SCC 259 has
    highlighted the ingredients of the provision, inter alia, as under –

    “49. Section 34 IPC carves out an exception from general law
    that a person is responsible for his own act, as it provides that a
    person can also be held vicariously responsible for the act of
    others if he has the “common intention” to commit the offence.
    The phrase “common intention” implies a prearranged plan and
    acting in concert pursuant to the plan. Thus, the common
    intention must be there prior to the commission of the offence in
    point of time. The common intention to bring about a particular
    result may also well develop on the spot as between a number of
    persons, with reference to the facts of the case and
    circumstances existing thereto. The common intention under
    Section 34 IPC is to be understood in a different sense from the
    “same intention” or “similar intention” or “common object”.

    The persons having similar intention which is not the result of
    the prearranged plan cannot be held guilty of the criminal act
    with the aid of Section 34 IPC. (See Mohan Singh v. State of
    Punjab
    [AIR 1963 SC 174: (1963) 1 Cri LJ 100])
    ..

    52. In Gopi Nath v. State of U.P. [(2001) 6 SCC 620] this Court
    observed as under: (SCC p. 625, para 8)
    “8. … Even the doing of separate, similar or diverse acts
    by several persons, so long as they are done in furtherance
    of a common intention, render each of such persons liable
    for the result of them all, as if he had done them himself,
    for the whole of the criminal action–be it that it was not
    overt or was only a covert act or merely an omission
    constituting an illegal omission. The section, therefore, has
    been held to be attracted even where the acts committed
    by the different confederates are different when it is
    established in one way or the other that all of them
    participated and engaged themselves in furtherance of the
    common intention which might be of a preconcerted or
    prearranged plan or one manifested or developed on the
    spur of the moment in the course of the commission of the
    offence. The common intention or the intention of the
    individual concerned in furtherance of the common
    intention could be proved either from direct evidence or
    by inference from the acts or attending circumstances of
    the case and conduct of the parties. The ultimate decision,
    Digitally signed

    ANKUR
    by ANKUR
    PANGHAL
    Date:

    PANGHAL 2026.07.09
    at any rate, would invariably depend upon the inferences
    16:39:11
    +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 44 of 46
    deducible from the circumstances of each case.” (emphasis
    supplied)

    40.1. In view of the above observations, the
    evidence on record is to be evaluated. The prosecution witnesses
    themselves are inconsistent regarding the role of each accused.

    PW1 attributed assault to accused Chhote Lal whereas PW2
    attributed assault to accused Reena and PW4 has given a mixed
    version. In such circumstances, the existence of any common
    intention becomes highly doubtful. Mere presence at the spot or
    simultaneous participation in a quarrel is insufficient to infer
    common intention unless cogent evidence establishes prior
    concert or meeting of minds. The prosecution has failed to
    produce any such evidence. The material on record is sufficient
    to conclude that the accused persons acted in concert to attack the
    injured person/complainant. On the basis of the above, this Court
    has no hesitation to hold that the prosecution has not been able to
    prove its case beyond reasonable doubt qua the offences with
    which the accused persons have been charged with.
    CONCLUSION

    41. In view of the above discussion, the inevitable
    conclusion is that the prosecution has failed to prove the
    ingredients of the offences beyond any iota of doubt. The
    contradictions noted hereinabove are not trivial discrepancies
    arising out of normal errors of observation or lapse of memory.
    Rather, they pertain to the genesis of occurrence, identity of
    assailant, nature of weapon used, manner of incident and specific
    role of each accused person. This Court hold that the required
    Digitally
    signed by
    threshold has not been met by the prosecution and it has not been
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.07.09
    16:39:17
    able to successfully prove that the accused persons have
    +0530

    Cr. Case No. 9208/18 State vs. Chhote Lal and Anr. Page 45 of 46
    committed the offences under Section 324/341/34 IPC. The
    accused persons have been successful in punching holes on
    material aspects in the case set up by the prosecution.

    42. Resultantly, the accused persons namely 1.
    CHHOTE LAL S/o Mohan Lal and 2. REENA W/o Pappu are
    entitled to benefit of doubt and are hereby found not guilty. The
    accused persons namely 1. CHHOTE LAL S/o Mohan Lal and 2.
    REENA W/o Pappu are accordingly ACQUITTED of the
    offences punishable under sections 324/341/34 of the Indian
    Penal Code, 1860.

    43. Case property, if any, be disposed off as per law if
    not already done.

    44. File be consigned to record room, after due
    compliance.

    Announced in open court on 09.07.2026 in the presence of the accused persons.
    The judgment contains 46 pages and each page have been signed by the undersigned.

    Digitally signed by

                                                           ANKUR           ANKUR PANGHAL
    
                                                           PANGHAL         Date: 2026.07.09
                                                                           16:39:25 +0530
    
                                                          (ANKUR PANGHAL)
                                                         JMFC-05, West District,
                                                         Tis Hazari Courts, Delhi
                                                                     09/07/2026
    
    
    
    
     Cr. Case No. 9208/18        State vs. Chhote Lal and Anr.         Page 46 of 46
     



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