State vs Ashok Kumar Dass Etc. 3 on 15 July, 2026

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    Delhi District Court

    State vs Ashok Kumar Dass Etc. 3 on 15 July, 2026

             IN THE COURT OF MS. POOJA TALWAR,
                ADDITIONAL SESSIONS JUDGE (FTC)-01
              WEST DISTRICT, TIS HAZARI COURT, DELHI
    
    In the matter of:
    
    STATE
    
    Vs.
    
    Ashok Kumar Dass & Ors.                                     FIR No.1017/15
                                                                PS:Nihal Vihar
    
                                   JUDGMENT
    

    1. Sl. no. of case Sessions Case No. 57702/16

    2. CNR no. DLWT010019392016

    SPONSORED

    3. Date of Institution 05.01.2016

    4. Date of Commission of 13.10.2015
    offence

    5. Name of the accused 1. Ashok Kumar Dass
    S/o Natwar Dass
    R/o H. No.RGB-292, DDA Flats,
    Raghubir Nagar, New Delhi

    2. Krishan Pal Singh
    S/o Rajbir Singh
    R/o H. No.H-2/A-91, Kanwar
    Singh Nagar, Nihal Vihar,
    Nangloi, New Delhi

    3. Bhagwan Singh @ Fauji
    S/o Sukhbir Singh
    R/o H. No.H-2/58, Kanwar Singh
    Nagar, Nihal Vihar, Nangloi,
    New Delhi POOJA
    TALWAR
    Digitally signed by
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 1/52 POOJA TALWAR
    Date: 2026.07.15
    13:11:30 +0530

    4. Pradeep Tyagi
    S/o Satpal Tyagi
    R/o H. No.H-2/57, Kanwar Singh
    Nagar, Nihal Vihar, Nangloi,
    New Delhi

    6. Offence Complained of Section 452/34 IPC, Section
    308
    /34 IPC, Section 427/34 IPC,
    Section 506/34 IPC and Section
    379
    /34 IPC

    7. Plea of accused Pleaded not guilty

    8. Date of reserving the 10.07.2026
    judgment

    9. Final order Convicted under Section 452/34
    IPC, Section 308/34 IPC, Section
    427
    /34 IPC, Section 506/34 IPC

    10. Date of such judgment 15.07.2026

    Case of the prosecution

    1. Story of the prosecution is that on 13.10.2015 ASI
    Jai Bhagwan alongwith Ct. Surender on receipt of DD no.56A
    went to the spot i.e. H-2/86, Kanwar Singh Nagar, Nihal Vihar,
    Nangloi, New Delhi where they were informed that injured was
    taken to hospital. Photographs of the spot were taken. He also
    collected the MLC of the injured/complainant Pradeep Kumar
    and recorded his statement. Injured stated that about one year
    ago, he borrowed some money from one Bhagwan Singh @ Fauji
    and gave his property papers to him as security. When he asked
    for returning his papers he was abused. Two days prior to the
    incident when he went to take his property papers back, wife of
    Bhagwan Singh @ Fauji abused him and threatened him to
    implicate him in a false case. On 13.10.2015 at about 7.15 PM Digitally
    signed by

    when the injured was in his office and counting the cash, POOJA
    POOJA
    TALWAR
    TALWAR Date:

    2026.07.15
    Bhagwan Singh @ Fauji alongwith his brother-in-law K.P. Singh 13:11:40
    +0530

    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 2/52
    and his associates Pradeep Tyagi and Ashok Kumar Dass came to
    his office alongwith iron rod, swords etc. They started
    vandalizing his office and breaking glasses of the doors.
    Bhagwan Singh hit his head with iron rod and gave him kick
    blows. Pradeep Tyagi and K.P. Singh hit on his stomach with
    sword. They snatched Rs.35,000/- which he was counting and
    threatened to kill him. They also broke the glasses of his car
    which was parked outside. His neighbour took him to the
    hospital.

    2. On 14.10.2015 at the pointing out of injured,
    accused Ashok Kumar Dass and K.P. Singh were apprehended.
    They disclosed that at the instance of accused Bhagwan Singh, in
    order to teach a lesson to Pradeep Kumar they went to the office
    of injured.

    3. Accused Bhagwan Singh @ Fauji was arrested on
    16.12.2015 and accused Pradeep Tyagi surrendered on
    21.12.2015 in the court of Ld. MM.

    Charge

    4. Charge was framed against all the accused persons
    under Section 452/34 IPC, Section 308/34 IPC, Section 427/34
    IPC, Section 506/34 IPC and Section 379/34 IPC.

    Prosecution evidence
    POOJA

    5. In order to prove its case prosecution examined TALWAR
    following witnesses:- Digitally signed by
    POOJA TALWAR
    Date: 2026.07.15
    13:11:50 +0530

    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 3/52
    Material/public witnesses:

    (i) PW1: Manoj deposed that:

    “I am doing private job as teacher. On 13.10.2015, I was
    going to my plot at Gali No. 3 which is situated at Kunwar Singh
    Nagar, Nangloi from my residential house which is situated at 25
    foota Road, Kunwar Singh Nagar. Nangloi as construction work
    was going on at the said plot. At about 07.30 pm, when I reached
    in between 25 foota road and gali no.3 in front of the office of
    Sonu Gulia builders, quarrel was going on. I saw that 5-6 persons
    were beating Sonu. The said office is of Sonu who was beaten by
    the said 5-6 persons. I knew two of them by their names and their
    names were Bhagwan Singh Choudhary @Fauji and K.P. I do
    not know his full name but he was known in the locality by the
    name of K.P. Out of the said 5-6 persons, three were having
    sword in their hands and remaining were having danda and rods
    in their hands. The said Bhagwan Singh Choudhary, K.P. and the
    third one whose name I do not know, were having sword in their
    hands/All hands. All of the said 5-6 persons were beating Sonu. I
    intervened and 8-10 public persons also came there and they with
    my help rescued Sonu from them. When we rescued Sonu from
    them, the said Bhagwan Singh Choudhary broke the mirror/glass
    of the driver side of one Swift car which was standing there. I do
    not know as to whom the said swift car belongs. All the said 5-6
    persons abused Sonu and threatened him that ” ab ki baar to tu
    bach gaya agli baar nahi bachega”.

    Out of the said persons who were beating Sonu, one Fauji
    @ Bhagwan Singh and K.P. are present in the court today. ”

    POOJA
    TALWAR
    Digitally signed
    by POOJA
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 4/52 TALWAR
    Date: 2026.07.15
    13:12:07 +0530

    (ii) PW2: Praveen deposed that:

    “Incident was of 13th day, year 2015 but I do not
    remember the month of incident. On the date of incident at about
    07.30 pm, I was present in my office at H-3, Kunwar Singh
    Nagar, Nangloi, Delhi. I had received a phone call of my friend
    Peeku and he told to me that “tere bhai ( jiska naam Sonu @
    Pradeep hai) ko kuch log maar rahe hain”. He also told me the
    name of two assailants as Fauji and his brother in law (Sala). He
    did not tell me the name of brother in law of Fauji. I at once
    reached at the office of my brother Sonu at H-2/86, Kunwar
    Singh Nagar, Nangloi, Delhi. When I reached there, I saw that
    my brother Sonu was lying on the street and Fauji, his brother-in-
    law but I do not know his name, Pradeep Tyagi and one Dass but
    I do not know his full name and others were beating my brother.
    The said persons who were beating my brother Sonu were having
    sword, danda and rod in their hands. cannot tell as to who
    amongst them was having sword, danda and rod in their hands as
    I was busy in rescuing my brother Sonu. I rescued my brother
    from the clutches of accused persons. The accused persons also
    broken the glasses of swift car bearing no. DL—-6749 of my
    brother Sonu. The accused persons also threatened to kill my
    brother Sonu. I can identify the accused persons if shown to me.

    (At this stage, the witness correctly identified all the
    accused persons present in the court by pointing out finger
    towards them. The witness also identified the brother in law of
    accused Fauji namely Kishan Pal and accused Ashok Kumar
    Dass by pointing towards them. Witness states that Ashok Kumar
    Dass was the said above mentioned Dass). I can identify other
    POOJA
    persons who gave beating my brother Sonu if shown to me. TALWAR
    Digitally signed
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 5/52 by POOJA
    TALWAR
    Date: 2026.07.15
    13:12:14 +0530
    (At this stage, Ld. APP wants to ask a leading question with
    respect to the date of incident.

    Heard. Allowed.

    Q: Is it correct that the date of incident is 13.10.2015?
    A: Yes, it is correct.”

    (iii) PW3: Pradeep Kumar deposed that:

    ” I am doing a business of building material and also a
    property dealer I am running property dealing business at the
    ground floor of my above mentioned house in the name of
    Guliya Property. I had given Rs.4,00,000/- without interest to one
    Lala namely Gupta but his full name I do not remember as he
    was in need of money to construct his house. The said Lala @
    Gupta was residing in our colony at H-2 Block. The said Lala @
    Gupta had given the documents relating to his property as
    security and Bhagwan Singh Chaudhary, (accused present today
    in the court, correctly identified) kept the said papers with him
    by saying that he will be responsible for the money and said
    “paise mai dilwa doonga”. I gave this money to Lala @ Gupta
    one year prior to the incident. Bhagwan Singh Chaudhary
    assured me so many times that he will get my money recovered
    from Lala Gupta but not even a single penny vas paid 8-9 months
    prior to the incident I went to my village to see my wife and
    when I came back, I came to know that accused Bhagwan Singh
    Chaudhary had purchased the said plot of which the documents
    were kept as security with Bhagwan Singh Chaudhary. (Bhagwan
    Singh Chaudhary ne vo plot jiske kagaj security ke roop me
    Bhagwan Singh ne apne pass rakhe the, ko Lala @ Gupta se
    khareed liya or Lala @ Gupta ko plot se bhaga diya). I after POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 6/52 Digitally signed
    by POOJA
    TALWAR
    Date: 2026.07.15
    13:12:19 +0530
    hearing this went to Bhagwan Singh Chaudhary and demanded
    the documents of the property, which was purchased by
    Bhagwan Singh Chaudhary from Lala @ Gupta and he assured
    me that I will get my money soon. I visited Bhagwan Singh
    Chaudhary so many times and in this process I wasted my one
    year but my money was not recovered.) Whenever, I demanded
    my money from Bhagwan Singh Chaudahry, The abused me.
    Two days prior to the incident, I went to the house of Bhagwan
    Singh Chaudahry. for the demand of my money and to have a
    word with him, where I met his wife, whose name I came to
    know as Smt. Devendri Devi. When I asked about Bhagwan
    Singh Chaudhary she abused me and she told me “mai tujhe
    jhoote case me faswa doongi”. When I left the house of Bhagwan
    Singh, his wife made a call at 100 number and a false FIR was
    registered against me on 11.10.2015.

    On 13.10.2015, at about 7.15 PM, I was present in my
    office which is known as Guliya Properties. H-2/86, Kunwar
    Singh Nagar, Nangloi, Delhi- 41 and doing some accounts work
    and also counting the money, then Bhagwan Singh @ Fauji, his
    Sala K.P.. Pradeep Tyagi and Ashok Dass forcibly entered in my
    office and started beating me. They had also broken the glasses
    of my office and they had also broken the door of my office. The
    said Bhagwan Singh @Fauji was saying to me that “aaj tuje
    kaagaj or paise mangne ka hisab dete hain”. The said Pradeep,
    KP Singh was having sword in their hand. Bhagwan Singh @
    Fauji was having rod in his hand and he gave rod blow on my
    head. Pradeep Tyagi poked the sword in my feet. KP Singh, put
    sword on my stomach and said “aaj tere se achi tarah se hisab
    POOJA
    kitab karte hain, bahut din ho gaya”. Bhagwan Singh @ Fauji TALWAR
    Digitally signed
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 7/52 by POOJA
    TALWAR
    Date: 2026.07.15
    13:12:25 +0530
    took out Rs.35,000/- from my pocket. After that they took me out
    from my office and again started beating me on the road by
    making me down on the road. They also threatened me to kill
    They had also broken the glasses of my Swift Car, which was
    parked outside my said office. My neighborer Sh. Manoj & my
    brother Praveen and 50-60 other persons came there and rescued
    me from the accused persons. My friend Doctor Sangwan came
    to the spot and he took me to the hospital. In the hospital police
    official/IO came and they recorded my statement which is
    exhibited as Ex.PW3/A, which bears my signature at point A. All
    the incident was captured in the CCTV footage which were
    installed inside my office and outside my office. A CD was office
    A prepared out of the CCTV footage and CD, pen drive, hard
    disc (jisme recording hoti hai), connecting wire were handed
    over to the IO and IO took them into their possession vide
    seizure memo Ex.PW3/B and Ex.PW3/C, both these documents
    bear my signature at point A. IO of the present case also prepared
    site plan of the spot at my instance and the same is exhibited as
    Ex.PW3/D, which bears my signature at point A. Police officials
    also seized my said car.

    The said persons namely Bhagwan Singh @ Fauji. K P
    Singh. Pradeep Tyagi and Ashok Kumar Dass, are accused
    present today in the court. (witness correctly identified all the
    accused persons). I also handed over one document relating to
    CD. I can identify the case property, if shown to me.

    At this stage, MHC(M) produced a polythene in sealed
    condition with the seal of SBH and the same is opened.
    Polythene is found containing another polythene, which is POOJA
    containing a blood stained pant & shirt. Pant is having cut marks TALWAR
    Digitally signed
    by POOJA
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 8/52 TALWAR
    Date: 2026.07.15
    13:13:01 +0530
    on the front portion. The pant and shirt are shown to the witness,
    who correctly identified the same. The clothes are exhibited as
    Ex.PI (collectively).

    MHC(M) also produced a small carton, which is
    containing the pieces of glass and some piece are tinted with
    black colour, which are shown to the witness, who identified the
    same as were the smashed pieces of his office. The pieces are
    exhibited as Ex.P-2 collectively.

    At this stage MHC(M) has produced one sealed envelope
    having particulars of the case and has the seal of FSL DOC. The
    seal is somewhat broken and envelope is opened. From the
    envelope, one DVD having the particulars of the FSL Report
    number is taken out. DVD is played on the laptop brought by the
    IO.

    After playing the second video from the said DVD and
    after showing to the witness, witness states that footage is of his
    office but he failed to recognize the persons seen in the said
    footage as the footage is dark and the same is black and white. In
    the footage, seven persons are seen out of which six persons are
    assaulting the seventh person seen in the footage.

    One person who is assaulting is carrying a danda and he
    give blow with the said danda on the body of the said seventh
    person. One another person is also seen carrying a sword in his
    hand and he is seen trying to assault the said seventh person but
    he was intervened by one of the other six persons. It is also seen
    that the seventh person is constantly beaten by the all six
    persons. After sometime the assault stopped. After sometime,
    two ladies and two children are seen coming in the office.

    POOJA
    Ans. I am present in the video and I am being assaulted by the TALWAR
    Digitally signed
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 9/52 by POOJA
    TALWAR
    Date: 2026.07.15
    13:13:08 +0530
    other persons seen in the video. However, I am not able to see
    the persons who were assaulting.

    Court observation: The footage is black and white due to
    which the same is not clear.

    At this stage, witness is also shown the seven still images
    taken from the abovesaid footage. Same is also in black and
    white and witness cannot not identify the persons seen in the
    image. The photographs are marked as Mark PX-1(colly).

    At this stage, 10 colour photographs of the office of the
    witness and his car has shown to him. Witness identifies his
    office and car but he states that he does not know who has
    damaged the car as he was taken to hospital after being assaulted
    by the accused persons.

    At this stage, Ld. Addl. PP seeks permission to cross
    examine the witness as he is not telling the complete facts.
    Heard. Allowed. XXXXX by Ld. Addl. PP for the state.

    The accused persons may have damaged my car but I
    cannot say the same with certainty as car was outside.

    At this stage, the witness is shown the photographs of the
    car, he admits that the said car was released to him on superdari.
    The photographs of the car is Ex.P-1(colly). These photographs
    were taken in the PS at the time when the car was released to me.
    cannot produce the said car as it is already sold, however, the
    identity of the car is not disputed by the accused persons.”

    (iv) PW4: Ravi Kumar deposed that :

    “On 13.10.2015, I was present in the office of Pradeep
    Gulia. Pradeep Gulia, was counting some cash. After sometime, POOJA
    at about 7.15/7.20 PM, Bhagwan Singh, KP Singh, Pradeep
    TALWAR
    Digitally signed
    by POOJA
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 10/52 TALWAR
    Date: 2026.07.15
    13:13:15 +0530
    Kumar and Ashok Dass, who are present in the court today,
    reached there while ransacking the office of Pradeep Kumar
    Gulia. Accused Bhagwan Singh Chaudhary caught hold Pradeep
    Kumar Gulia and all the accused persons gave beatings to him
    and thereafter, they dragged out Pradeep Kumar Gulia. On the
    road, Pradeep Kumar Gulia was again beaten up by the accused
    persons and their other associates. I could not save Pradeep
    Kumar Gulia from the clutches of accused persons as I was bare
    foot in the office of Pradeep Kumar Gulia, where the broken
    pieces of glasses of office was lying. At the time of incident,
    accused Bhagwan Singh Chaudhary @ Fauji and accused
    Pradeep were carrying swords, accused KP Singh was having
    iron rod and the other accused were having dandas. Accused
    Bhagwan Singh snatched the cash which was having in the hand
    of Pradeep Gulia.”

    Formal Witnesses:

    (i) PW12: Arvinder Singh deposed that on 16.10.2015, ASI Jai
    Bhagwan, IO of case FIR No.1017/15 PS Nihal Vihar called him and
    requested him to do mechanical inspection of a car bearing
    registration no.DL4CAS6749 make Maruti Swift VDI. He reached at
    PS Nihal Vihar where he mechanically inspected the afore-said
    vehicle and prepared his detailed report Ex.PW-12/A bearing his
    signature at point A and seal at point B.

    (ii) PW13: Dr. Gopal Sharma deposed that on 13.10.2015 he was on
    duty and at about 9.15 p.m one patient Shri Pradeep Kumar son of
    Shri Mahavir male 26 years was brought by his cousin. He examined POOJA
    TALWAR
    the afore-said patient and prepared his detailed MLC which is
    Digitally signed
    by POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 11/52
    Date: 2026.07.15
    13:13:56 +0530
    Ex.PW-13/A bearing his signatures at point A and his seal at point B.
    He also gave the nature of injuries as grievous which is at point C as
    there were blunt injuries on the chest with bony creptius plus
    (underline fractures in ribs). According to nature of injury, the
    weapons of offence were lathi, sword and sharp object as there were
    multiple blunt injuries on chest, abdomen and head of the patient.

    The information about the preparation of MLC was given to IO
    ASI Jai Bhagwan of PS Nihal Vihar vide DD no. 29A.

    (iii) PW15: Ajay Kumar deposed that on 24.05.2016 three parcels
    duly sealed with the seal of JB were received in Computer forensic
    unit from physics division of FSL Rohini. He checked the aforesaid
    parcels, the first parcel contained one digital hard disc drive, the
    same was marked as HDD1. The second parcel contained DVD of
    Writex of 4.7 GB capacity and same was marked as DVD1. The third
    parcel contained a DVR. He digitally analyzed the said drive and
    hard disc. He retrieved the data from Ex.HDD1 and enclosed the
    same in pen drive and the same was marked PD1. The folder
    containing all the files was given the name of “DATA OF HDD1”.
    He also digitally analyzed the DVD1 and retrieved the data and
    enclosed the same in pen drive marked PD1. The folder containing
    all the files was given the name “DATA OF DVD1”.

    After retrieval of data, the pen drives were forwarded to
    physics division of FSL Rohini for further examination. He also
    forwarded the exhibits to Physics Division of FSL Rohini. He
    prepared report in this regard as Ex.PW15/A running into two
    POOJA
    pages both bearing his signatures at point A. TALWAR
    Digitally signed
    by POOJA
    TALWAR
    Date: 2026.07.15
    13:14:02 +0530
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 12/52

    (iv) PW16: Dr. V. Lakshmi Narasimhan deposed that on 25.10.2016
    one sealed envelop was received in Physics Division of FSL Rohini
    through computer Forensics Unit of FSL Rohini. The said sealed
    envelop was sealed with the seal of DOC FSL. The said envelop was
    marked to him. He checked the said envelop. The seal of same was
    intact. He opened the said envelop and upon opening the same one
    pendrive Ex.PD1 was found. The said pendrive was of make sandisk
    of 16 GB capacity containing two folders namely “Data of DVD1
    and “Data of HDD1”. He examined the aforesaid folders and the
    video files in “Data of DVD1” were found similar to the video files
    in “Data of HDD1”. The exhibits were sealed back with the seal of
    VLN FSL Delhi. He prepared detailed report in this regard.
    Ex.PW16/A bearing his signatures at point A on both pages.

    Witnesses of Investigation:

    (i) PW5: Ct. Ramesh Kumar deposed that on 21.12.2015, he was
    on emergency duty at PS from 08.00 am to 08.00 pm. On that
    day, he alongwith SI Jai Bhagwan came at Tis Hazari Court as on
    that day, the accused Pradeep Tyagi, surrendered before the court.

    The accused was interrogated with the permission of court vide
    the disclosure statement Ex.PW5/A bearing his signatures at
    point A. The accused was arrested and personally searched vide
    personal search memo Ex.PW5/B bearing his signatures at point
    A. The PC remand against the accused Pradeep Tyagi was
    obtained and he was taken to SGM Hospital for his medical
    examination. The accused Pradeep Tyagi led them to the place of
    occurrence vide pointing out memo Ex.PW5/C bearing his
    signatures at point A. The accused also led them towards Sukhi
    Nehar to get recover the weapon of offence but same could not POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 13/52 Digitally signed
    by POOJA
    TALWAR
    Date: 2026.07.15
    13:14:10 +0530
    be recovered from there.

    (ii) PW6: ASI Badlu Ram deposed that on 13.10.2015 he was on
    duty as DO from 4 PM till 12 midnight. At about 7.39 PM, he
    received a PCR call regarding quarreling and snatching of cash of
    Rs.5,00,000/- from House no.H-2, Kawar Singh Nagar, Nangloi,
    Delhi. He made entry in Rojnamcha against DD no.29A vide
    Ex.PW6/A. The information regarding the above mentioned
    incident was given to ASI Jai Bhagwan through telephone. At
    about 11.00 PM he received a telephone call from Satya Bhama
    Hospital of Doctor Gopal Sharma, regarding admitting one
    injured namely Pardeep S/o Sh. Mahabir R/o H-2/86, Kawar
    Singh Nagar, Nangloi, Delhi, by the neighbour of injured namely
    Ravi vide MLC no.1126/2016. In this regard, he made entry in
    Rojnamcha vide DD no.36A, vide Ex.PW6/B. The information
    regarding the above mentioned DD no.36A was given to ASI Jai
    Bhagwan through telephone.

    At about, 11.55 PM, Ct. Surender came at PS with a rukka
    which was sent by ASI Jai Bhagwan. On the basis of rukka, he
    got registered the present case through computer operator vide
    computer generated copy of FIR Ex.PW6/C, bears his signatures
    at point A. He endorsed the rukka vide Ex.PW6/D, bearing his
    signatures at point A. The rukka and copy of FIR were handed
    over to Ct. Surender to dispatch the same to ASI Jai Bhagwan. A
    certificate under Section 65B of Indian Evidence Act was also
    issued regarding FIR vide Ex.PW6/E,bearing his signatures at
    point A.
    POOJA
    TALWAR
    Digitally signed
    by POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 14/52 Date: 2026.07.15
    13:14:21 +0530

    (iii) PW7: HC Sunil Kumar deposed that on 16.12.15 ASI Jai
    Bhagwan intimated that the accused persons Krishan Pal Singh
    and Bhagwan Dass @ Fauji would surrender before the court.
    Accordingly, the above mentioned accused persons, surrendered
    before the court. They were interrogated by ASI Jai Bhagwan
    vide disclosure statement of accused Bhagwan Singh @ Fauji
    Ex.PW7/A bearing his signatures at point A. The accused persons
    were arrested and personally searched vide memos Ex.PW7/B to
    PW7/B-3 bearing his signatures at point A. One day PC remand
    against the accused persons was obtained to recover the weapon
    of offence. In pursuance to their disclosure statements, accused
    persons led them to Sukhi Nehar, Kamruddin Nagar, near bushes.
    However, the weapon of offence could not be recovered. From
    there accused Bhagwan Singh @ Fauji led them to his house to
    recover the weapon of offence. However, there also the weapon
    could not be recovered. The accused persons also pointed out the
    place of offence vide pointing out memo Ex.PW7/C bearing his
    signatures at point A.

    (iv) PW8: ASI Surender Singh deposed that on 13.10.2015
    information about DD No.29A regarding quarrel was given to
    IOASI Jai Bhagwan by the DO. On receiving the said
    information, he alongwith ASI Jai Bhagwan went to the spot i.e.
    Kanwar Singh Nagar. At the spot, we found that the main gate of
    the office of property dealer had already been smashed. The car
    which was found parked near the office, was also found in
    damaged condition. The above mentioned office was belonged to
    Sh. Pradeep. ASI Jai Bhagwan took the photographs of the spot
    from different angles. Some public persons were present at the POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 15/52 Digitally signed
    by POOJA
    TALWAR
    Date: 2026.07.15
    13:14:27 +0530
    spot and through them, they came to know that the injured had
    already been shifted to unknown hospital. At the spot, ASI Jai
    Bhagwan received the telephone call of DO to the effect that the
    injured Mahavir was admitted in Satyabhama hospital. On
    receiving the said information, he alongwith ASI Jai Bhagwan
    went to hospital. From Satyabhama Hospital, ASI Jai Bhagwan
    collected the MLC No.1126/15 of injured Pradeep, S/o Sh.
    Mahavir. The injured Pradeep was fit for giving the statement
    and therefore, ASI Jai Bhagwan met with him. Injured Pradeep
    narrated the incident which was reduced into writing by ASI Jai
    Bhagwan. IO ASI Jai Bhagwan prepared a rukka which was
    handed over to him for getting the case registered at PS Nihal
    Vihar. After having got the case registered, he returned at the spot
    with rukka and copy of FIR which were handed over to ASI Jai
    Bhagwan who had already reached there from hospital. They
    tried to trace out any eye witness. However, no eye witness was
    found there. The exhibits were lifted from the spot i.e. the broken
    pieces of gate, blood stained earth vide seizure memo pertaining
    to broken pieces of glass Ex.PW8/A bearing his signatures at
    point A. On asking of Ld. Addl. PP for the State he stated that he
    did not remember the number but the car was of white color.

    The exhibits which were collected from the spot were
    deposited in the maalkhana at PS. He identified broken pieces of
    glass Ex.P2. He did not know as to whether the above mentioned
    car was taken into possession or not.

    (v) PW9: Ct. Rakesh deposed that on 02.12.2015, upon the
    POOJA
    instructions of the IO, he collected three exhibits sealed parcels TALWAR
    sealed with the seal of JB and one blank hard disk from the MHC(M) Digitally signed
    by POOJA
    TALWAR
    Date: 2026.07.15
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 16/52 13:14:33 +0530
    vide RC no.212/21/15 and went to FSL Rohini. He deposited the said
    parcels/exhibits in the FSL. He handed over the receipt/
    acknowledgment to the MHC(M). During his custody, he did not
    tamper with the case property.

    (vi) PW10: Ct. Amit Kumar deposed that on 14.10.2015, he
    alongwith ASI Jai Bhagwan went to the spot i.e. H2/86, Kunwar
    Singh Nagar. Complainant Pradeep met them there. He pointed out
    towards the spot. IO prepared site plan at his instance and made
    enquiry there. IO made further enquiries from the complainant who
    stated that one accused namely Ashok Kumar Das was involved in
    the incident and he was standing in front of H2/58, Kunwar Singh
    Nagar. Thereafter, they accompanied the complainant, who pointed
    out towards the accused and IO arrested him. IO made inquiries from
    the accused. Thereafter, accused was taken to the hospital for medical
    examination. Accused was produced before the concerned Ld. MM.
    As Duty MM was not present, so accused was taken to Saket Courts
    complex before the concerned Duty MM. Thereafter, accused was
    sent to JC.

    Site plan is Ex.PW-3/D. He put his signatures at point A on
    disclosure statement of accused Ashok Kumar Das Ex.PW-10/A, at
    point A on arrest memo Ex.PW-10/B, at point A on personal search
    memo Ex.PW-10/C, at point A on the pointing out memo of spot by
    the accused is Ex.PW-10/D. He also put his signatures at point A on
    seizure memo of pullanda and four photographs Mark A-1 to A-4 and
    the same is Ex.PW-10/E.

    (vii) PW11: HC Harish Chander deposed that on 14.10.2015 he was POOJA
    working as MHC(M). On that day, IO/ASI Jai Bhagwan of case FIR TALWAR
    Digitally signed
    by POOJA
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 17/52 TALWAR
    Date: 2026.07.15
    13:14:39 +0530
    no.1017/15 PS Nihal Vihar deposited personal search articles of
    accused Ashok Kumar Das and he made entry in this regard in
    register no.19 at serial no.1509. Copy of the said entry is
    Ex.PW-11/A. IO also deposited some broken pieces of glass which
    he lifted from the spot and he made entry in this regard at serial
    no.1509 in register no.19 from point X to X. Copy of the said entry is
    Ex.PW-11/B. IO deposited one car bearing registration no.DL 4CAS
    6749 and he made entry at serial no.1509 in register no.19 from point
    Y to Y. Copy of the said entry is Ex.PW-11/C.
    On 16.10.2015, IO ASI Jai Bhagwan deposited one sealed
    pullanda duly sealed with the seal of SBH and he made entry in this
    regard at serial no.1514 in register no.19. Copy of said entry is
    Ex.PW-11/D (OSR) from point Y1 to Y1.

    On 04.11.2015, IO ASI Jai Bhagwan deposited one pullanda
    containing CD duly sealed with the seal of JB and I made relevant in
    register no.19 vide seal no.1555. Copy of the same is Ex.PW-11/E
    from point Y2 to Y2. IO also deposited one DVR containing wire and
    hard disc in sealed pullanda sealed with the seal of JB and he made
    entry in register no.19 vide seal no.1555. Copy of the same is
    Ex.PW-11/F from point Y3 to Y3.

    On 02.12.2015, the afore-said four sealed parcels were sent to
    FSL through Ct. Rakesh Kumar vide RC no.212/21/15 and copy of
    the said RC is Ex.PW-11/G bearing his signatures at point A and the
    signature of Ct. Rakesh Kumar at point B. Ct. Rakesh Kumar handed
    acknowledgment of case acceptance and copy of the said document is
    Ex.PW-11/H bearing the signature of Ct. Rakesh Kumar at point A.
    He mentioned relevant entry in register no.19 for further steps taken
    for the aforesaid case properties. These notings are at point Y4 to Y4,
    POOJA
    Y5 to Y5, Y6 to Y6, Y7 to Y7 and Y8 to Y8 on the afore-said TALWAR
    Digitally signed
    by POOJA
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 18/52 TALWAR
    Date: 2026.07.15
    13:14:46 +0530
    documents, all bearing his signatures at points A.

    (viii) PW14: ACP Devender Kumar deposed that on 10.12.2015 upon
    the request of IO he handed over print out of PCR forms relevant to
    this case along with certificate u/s 65B of Indian Evidence Act. The
    same are Ex.PW-14/A, PW-14/B and PW-14/C bearing his signatures
    at point A.

    (ix) PW17: SI Jai Bhagwan deposed that:

    “On 13.10.2015 I was posted at PS Nihal Vihar as SI. On that
    day I was on emergency duty from 8.00 pm to 8.00 am. I received
    DD no.29A at about 7.39 pm. The same is already Ex.PW6/A bearing
    my signatures at point A. I alongwith Ct. Surender went to H-2/86
    Kanwar Singh Nagar.

    When we reached the spot we found that the glass of the
    window of the Swift car bearing no. DL4CAS6749 white colour
    were smashed. We also found that the tinted glass of the main gate of
    the office of the property dealer were also smashed, however, we did
    not find the complainant there. We came to know that the
    owner/injured Pradeep was taken to unknown hospital.

    I was telephonically informed by the DO vide DD no.36A is
    already Ex.PW6/B (bearing my signatures at point A) that the injured
    has been taken to Satya Bhama Hospital, Nangloi. I alongwith Ct.
    Surender went to Satyabhama Hospital. There we collected MLC
    no.1126/15 of injured Pradeep was received and the injured was
    found to be under treatment and was fit for statement. The MLC
    no.1126/15 was found to be incomplete.

    Statement of injured Pradeep was recorded at 11.10 pm. At
    POOJA
    11.40 pm I sent Ct. Surender to the PS with the rukka for registration TALWAR
    Digitally signed
    by POOJA
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 19/52 TALWAR
    Date: 2026.07.15
    13:14:53 +0530
    of the FIR. I came back to the spot. At around 1.00 Ct. Surender
    reached the spot with the copy of FIR. The spot was inspected.

    The Swift car was seized vide memo already Ex.PW8/B
    bearing my signature at point B. The exhibits i.e. the broken pieces
    of tinted glass of the office gate were lifted vide memo already
    Ex.PW8/A bearing my signature at point B.
    Statement of Ct. Surender was recorded vide already
    Ex.PW8/DX bearing my signature at point A. I deposited the broken
    pieces of glass lifted from the spot alongwith the car in the
    malkhana. I called the private photographer. I clicked the
    photographs of the spot including the office and car clicked through
    the private photographer. 10 photographs are collectively
    Ex.PW17/B. On 14.10.2015 at 10.00 am I alongwith Ct. Amit
    reached the place of incident. While we were making enquiries, we
    met the injured. At his instance, site plan already Ex.PW3/D was
    prepared bearing my signatures at point B. At H. no.S-2/58 Kanwar
    Singh Nagar accused Ashok Kumar Dass was standing and at
    pointing out of injured Pradeep Kumar he was interrogated. He made
    a disclosure statement already Ex.PW10/A bearing my signature at
    point B. A pointing out memo already Ex.PW10/D was prepared at
    the instance of accused Ashok Kumar the same bears my signatures
    at point B. He was arrested vide memo already Ex.PW10/B bearing
    my signature at point B. His personal search was carried out vide
    memo already Ex.PW10/C bearing my signature at point B. Accused
    was then taken to SGM hospital for his medical examination.

    He was medically examined. He was produced before the
    court from there he was remanded to JC. The articles recovered
    POOJA
    during his personal search were deposited in the malkhana. TALWAR
    Statement of Ct. Amit was recorded u/s 161 CrP.C. Same is
    Digitally signed
    by POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 20/52 Date: 2026.07.15
    13:15:00 +0530
    Ex.PW17/A bearing my signature at point A.
    On 15.10.2015 MLC of the injured already Ex.PW13/A was
    deposited in Satyabhama hospital for opinion where the doctor
    opined the injury to be grievous. On 16.10.2015 I alongwith Ct. Amit
    reached Satyabhama Hospital. There the doctor handed over me four
    photographs of the injured alongwith his pant and shirt and sample
    seal SBH of the hospital which were seized vide seizure memo
    already Ex.PW10/E bearing my signature at point B. The same were
    deposited in the malkhana. On the same day mechanical inspection
    of the Swift car was got done through a Mechanical Expert.
    Mechanical Inspection Report is already Ex.PW12/A bearing my
    signature at point B. I also recorded statement of Mechanical Expert
    Harvinder Singh. On 01.11.2015 statement of public witness Manoj
    Kumar and Praveen was recorded. On 03.11.2015 Notice u/s 91
    CrP.C was given to the complainant/injured Pradeep Kumar for
    giving the CCTV footage and DVR. On 04.11.2015 complainant
    Pradeep Kumar went to the PS and handed over one Writex DVD.
    The seizure memo of the said DVD is already Ex.PW3/B bearing my
    signature at point B. He also produced DVR connecting wire and
    Hard Disk vide seizure memo already Ex.PW3/C bearing my
    signatures at point C. On 05.11.2015 statement of public witness
    Ravi Ex.PW17/C was recorded bearing my signatures at point A. I
    tried to search the remaining three accused persons but they could
    not be found. On 23.11.2015 I got the NBWs of the remaining three
    accused persons issued from the court. On 02.12.2015 Ct. Rakesh
    deposited the exhibits in the FSL. Statement of HC Harish who was
    the MHCM was recorded vide memo Ex. PW17/D bearing my POOJA
    signatures at point A. Statement of Ct. Rakesh Ex.PW17/E was TALWAR
    recorded vide memo Ex.PW17/E bearing my signatures at point A. Digitally signed
    by POOJA
    TALWAR
    Date: 2026.07.15
    13:15:07 +0530
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 21/52
    On 16.12.2015 accused Bhagwan Singh and Krishan Pal Singh
    surrendered before the court. I alongwith Ct. Udham Singh and HC
    Sunil reached the court and interrogated both the accused persons.
    Disclosure statement of accused Bhagwan Singh was recorded vide
    memo already Ex.PW7/A bearing my signatures at point B. He was
    arrested vide memo already Ex.PW7/B1 bearing my signatures at
    point B. His personal search was carried out vide memo already
    Ex.PW7/B2 bearing my signatures at point B.
    Accused Kishan Pal Singh was arrested vide memo already
    Ex.PW7/B bearing my signatures at point B. His personal search was
    carried out vide memo already Ex.PW7/B3 bearing my signatures at
    point B. On 17.12.2015 one day PC remand of both the accused was
    taken. Effort was made to recover the weapons of offence i.e. the
    sword and the rod but the same could not be recovered. Both the
    accused persons pointed out to the place of incident. Pointing out
    memo already Ex.PW7/C bearing my signature at point B was
    prepared. Both the accused persons were taken for medical
    examination and were sent to JC.

    On 18.12.2015 proceedings u/s 82 CrP.C were got initiated
    against accused Pradeep Tyagi.

    On 21.12.2015 accused Pradeep Tyagi surrendered before the
    court. He was interrogated. His disclosure statement already
    Ex.PW5/A bearing my signatures at point B was recorded. He was
    arrested vide memo Ex.PW17/F bearing my signatures at point B.
    His personal search was carried out vide memo already Ex.PW5/B
    bearing my signatures at point B. On 21.12.2015 one day PC remand
    of accused was taken and pointing out memo already Ex.PW5/C
    bearing my signatures at point B was prepared. Effort was made to
    POOJA
    recover the weapons of offence i.e. the sword and the rod but the TALWAR
    Digitally signed
    by POOJA
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 22/52 TALWAR
    Date: 2026.07.15
    13:15:23 +0530
    same could not be recovered. On the next day medical examination
    of accused was got conducted and he was sent to JC. All the accused
    persons are present in the court today and correctly identified by the
    witness. I can identify the case property if shown to me.

    At this stage, it is submitted by the counsels for all the accused
    persons that the case property has already been identified in the
    testimony of other witness hence the same may not be got identified
    by the IO. After consultation with the senior officials, chargesheet
    was prepared and filed before the court.”

    Statement of accused persons under Section 313 CrPC.

    (i) Accused Pradeep Tyagi stated that this is a false case against him.

    (ii) Accused Ashok Kumar Dass stated that it is a false case. The
    present case is counter blast to the FIR No.1012/2015, which was
    registered one day prior to i.e 12-10-2015 u/s 509 IPC against the
    complainant of the present FIR namely Pradeep Kumar @ Sonu on
    the basis of complaint of Smt. Devendri wife of his co-accused
    namely Bhagwan Singh and sister of co-accused K.P. Singh in the
    above-mentioned FIR. The complainant of the present case was
    aware that all the accused persons were good friends. On 13-10-2015
    at about 7 – 7.30 P.M., he was present at the house of Bhagwan
    Singh, at that time Bhagwan Singh and his wife was not present
    meanwhile two police officers reached at his house and apprehended
    him and brought him at the house of the injured/complainant, where
    the IO of the present case already present and they handed over to
    him to the IO where injured/complainant was also present and he
    identified him as one of the friends of the Bhagwan Singh thereafter
    IO of the present case at the instance of the injured/complainant POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 23/52 Digitally signed
    by POOJA
    TALWAR
    Date: 2026.07.15
    13:15:30 +0530
    falsely implicated him in the present case.

    (iii)Accused Bhagwan Singh stated that it is a false case. The present
    case is counter blast to the FIR No.1012/2015, which was registered
    one day prior to i.e. 12-10-2015 u/s 509 IPC against the complainant
    Pradeep Kumar @ Sonu on the basis of complaint of Smt. Devendri
    wife of Bhagwan Singh/Accused and sister of accused K.P. Singh in
    the above-mentioned FIR.

    (iv) Accused Krishan Pal Singh stated that this is a false case. He
    was falsely implicated in this case because his real sister namely
    Devendri lodged an FIR vide FIR No.1012/2015, PS – Nihal Vihar
    against me, only because he has been falsely implicated in this case.
    Moreover he was not present on 13-10-2015 in Delhi, on that day he
    was in Jwala Ji (Holi place, Himachal) being Ist navratra and reached
    village-Kalai, PS-Hardua Ganj, U.P. and on 15-10-2015 his mother
    was expired at village-Kalai.

    Defence Evidence:

    6. Accused Pradeep Tyagi, Bhagwan Singh and Krishan
    Pal Singh produced following witnesses in their defence.

    (i) DW-1 Sh. Narender Singh deposed that:

    “On 12.10.2015 at about 5.00 am I alongwith K.P Singh and
    Dharmender R/o H. no.G-5, Budh Vihar, Phase-II, Delhi rushed to
    Jawalaji (Himachal Temple) on my personal car four wheeler bearing
    no. DL-4CAM-6918 and there we reached at temple at about 4.00
    pm on the same day and we stayed in the temple (room of Pujari Ji)
    and after Darshan on 14.10.2015 came back to H-82 Kunwar Singh POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 24/52 Digitally signed
    by POOJA
    TALWAR
    Date: 2026.07.15
    13:15:38 +0530
    Nagar, Gali no.10, Nangloi, Delhi. In Jawala Ji one photograph
    captured by us (objected to by Ld. Substitute Addl. PP as to the mode
    of proof). Today I brought the photograph captured there at Jawala Ji
    Temple. The same is Mark DW-1/A.

    (ii) DW-2 Ms. Mini, Ahlmad in the court of Ms. Komal Garg, Ld.
    JMFC-03, West, Tis Hazari Courts, Delhi produced the original file
    of case FIR No.1012/15 PS Nihal Vihar, U/s 509 IPC, St Vs. Pradeep
    Kumar @ Sonu. The complaint filed by Smt. Devendri Devi w/o
    Bhagwan Singh R/o H-Z/58 Kunwar Singh Nagar, Nangloi, Delhi.

    The original rukka alongwith FIR is Ex. DW2/A.

    (iii) DW3: Sh. Rajiv Tyagi:

    “I am the witness on the behalf of accused Pradeep Tyagi. On
    the date of the incident i.e. 13.10.2015 at the time of the incident
    around 7.15 pm the accused Pradeep Tyagi was at my residence since
    it was the first day of “Navratri” and the accused and my family
    share cordial relations in the neighbourhood and we were having
    Pooja at my residence uptill around 8.30 pm. After the registration of
    the FIR, when I got to know that the accused Pradeep Tyagi had
    surrendered in the present FIR thereafter me and my wife Smt.
    Poonam Tyagi met the IO In-charge in the present FIR and informed
    him that on the date and time of the incident the accused Pradeep
    Tyagi was at my residence and hence he was not at the place of the
    incident. I was informed by the IO that at that time my statement was
    not required and hence not recorded by the IO and I was told that
    when it would be required in the investigation, I would be called by
    him.”

    POOJA
    TALWAR
    Digitally signed
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 25/52 by POOJA
    TALWAR
    Date: 2026.07.15
    13:15:46 +0530

    (iv) DW4: Smt. Poonam Tyagi deposed that:

    “I am the witness on the behalf of accused Pradeep Tyagi. On
    the date of the incident ie. 13.10.2015 at the time of the incident
    around 7.15 pm, the accused Pradeep Tyagi was at my residence.
    Since it was the first day of “Navratri” and the accused and my
    family share cordial relations being residing in the neighbourhood
    and we were having “Pooja” at my residence uptil around 8.30 pm.
    After the registration of the FIR when I got to know that the accused
    Pradeep Tyagi had surrendered in the present FIR, thereafter I and
    my husband Sh. Rajiv Tyagi met the IO, In-charge in the present FIR
    and informed him that on the date and time of the incident the
    accused Pradeep Tyagi was available at my residence and hence he
    was not present at the place of the incident. I was informed by the IO
    that at that time my statement was not required and when it would be
    required in the investigation, he would be calling us.”

    Arguments on behalf of the State

    7. Ld. Addl. PP for the State argued that there is
    sufficient evidence on record against the accused persons to
    connect them with the offence. All the witnesses of prosecution
    have fully supported its story. Accused persons deserve to the
    convicted.

    Arguments on behalf of accused

    (i) Ld. counsel for accused Ashok Kumar argued that he has been
    falsely implicated being close friend of Bhagwan Singh whose
    wife had got an FIR registered against the complainant. PW1
    Manoj could not identify the accused as he was not present at the
    place of incident. He had no role to play in the commission of
    POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 26/52 Digitally signed by
    POOJA TALWAR
    Date: 2026.07.15
    13:15:54 +0530
    offence. He deserves to be acquitted.

    (ii) It is argued on behalf of accused Krishan Pal and Bhagwan
    Singh that they have been falsely implicated in order to take
    revenge by the complainant as wife of accused Bhagwan Singh
    who is also the sister of Krishan Pal got an FIR under Section
    354
    IPC registered against the complainant. There are
    discrepancies in the statements of all the prosecution witnesses.
    Testimony of complainant is untrustworthy as he has given
    contradictory statements. He categorically admitted in his cross-
    examination that he had not seen the person who had hit him and
    that he was informed the name of the perpetrator by one Ravi.
    The entire investigation is tainted. No weapon of offence could
    be recovered despite taking the accused persons on remand. All
    the other witnesses examined by the prosecution are interested
    witnesses who have been brought in the witness box as an after
    thought. There are several discrepancies in the versions of all the
    four witnesses. The benefit of doubt accrues in favour of accused
    persons. They deserve to be acquitted.

    (iii) It is argued on behalf of accused Pradeep Tyagi that he is
    implicated in the present case as he is friends with accused
    Bhagwan Singh and K.P. Singh. In order to seek revenge from
    Bhagwan Singh as his wife got a case registered against the
    complainant and wife of Pradeep Tyagi is a witness in the said
    FIR, he has been implicated. Defence witnesses examined on
    behalf of accused Pradeep Tyagi proved on record that he was
    present in their house at the relevant time. PW1 Manoj did not
    POOJA
    identify the accused. The complainant categorically stated that he TALWAR
    Digitally signed
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 27/52 by POOJA
    TALWAR
    Date: 2026.07.15
    13:15:58 +0530
    did not see who caused injuries to him. No independent witness
    has been examined despite the complainant claiming that around
    40 to 50 people gathered outside his office. The accused is
    innocent. He deserves to be acquitted.

    8. I have heard the arguments advanced by all
    concerned and have perused the records including documents
    relied upon by the prosecution carefully.
    Analysis of Law:

    Section 452. House-trespass alter preparation for hurt,
    assault or wrongful restraint.–Whoever commits house-trespass,
    having made preparation for causing hurt to any person or for
    assaulting any person, or for wrongfully restraining any person,
    or for putting and person in fear of hurt, or of assault, or of
    wrongful restraint, shall be punished with imprisonment of either
    description for a term which may extend to seven years, and shall
    also be liable to fine.

    425. Mischief.–Whoever with intent to cause, or knowing that
    he is likely to cause, wrongful loss or damage to the public or to
    any person, causes the destruction of any property, or any such
    change in any property or in the situation thereof as destroys or
    diminishes its value or utility, or affects it injuriously, commits
    “mischief”

    Criminal intimidation is defined under Section 503
    IPC, punishment for which is defined under Section 506 IPC.

    503. Criminal intimidation.–Whoever threatens another with
    any injury to his person, reputation or property, or to the person
    POOJA
    or reputation of any one in whom that person is interested, with TALWAR

    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 28/52 Digitally signed
    by POOJA
    TALWAR
    Date: 2026.07.15
    13:16:04 +0530
    intent to cause alarm to that person, or to cause that person to do
    any act which he is not legally bound to do, or to omit to do any
    act which that person is legally entitled to do, as the means of
    avoiding the execution of such threat, commits criminal
    intimidation.

    Theft is defined under Section 378 IPC, punishment
    for which is defined under Section 379 IPC.

    378. Theft.–Whoever, intending to take dishonestly any
    movable property out of the possession of any person without
    that person’s consent, moves that property in order to such
    taking, is said to commit theft.

    Explanation 1.–A thing so long as it is attached to the earth, not
    being movable property, is not the subject of theft; but it
    becomes capable of being the subject of theft as soon as it is
    severed from the earth.

    Explanation 2.–A moving effected by the same act which
    effects the severance may be a theft.

    Explanation 3.–A person is said to cause a thing to move by
    removing an obstacle which prevented it from moving or by
    separating it from any other thing, as well as by actually moving
    it.

    Explanation 4.–A person, who by any means causes an animal
    to move, is said to move that animal, and to move everything
    which, in consequence of the motion so caused, is moved by that
    animal.

    Explanation 5.–The consent mentioned in the definition may be
    express or implied, and may be given either by the person in
    POOJA
    possession, or by any person having for that purpose authority TALWAR
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    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 29/52 by POOJA
    TALWAR
    Date: 2026.07.15
    13:16:10 +0530
    either express or implied.

    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 substantive offence. Two elements are necessary to fulfill 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.

    Common intention implies a pre-arranged plan and
    acting in concert pursuance to that plan. Common intention
    comes into being prior to the commission of act in point of time
    which need not be a long gap.

    Observation of the Court

    9. Proceedings in the present case were initiated on
    receipt of DD no.56A pursuant to which ASI Jai Bhagwan
    reached the place of incident. The victim was already taken to POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 30/52
    Digitally signed by
    POOJA TALWAR
    Date: 2026.07.15
    13:16:16 +0530
    hospital. He obtained MLC of the victim on which alleged
    history of assault by group of people with lathi, sword and sharp
    object was mentioned by the doctor. In his statement victim
    Pradeep Kumar has stated that on 13.10.2015 around 7.15 pm
    one Bhagwan Singh @ Fauji, K.P. Singh, Pradeep Tyagi and
    Ashok Kumar Dass reached his office with weapons. They all
    assaulted him with the said weapons and threatened him. They
    vandalized his office and damaged his swift car. All the aforesaid
    persons forcfully entered his office and assaulted him and in the
    said process they also took away Rs.35,000/- cash from his
    office.

    10. On the aforesaid complaint, charge under Section
    452
    /34, 427/34, 308/34, 506/34 & 379/34 IPC was framed
    against the accused persons.

    11. Prosecution examined PW3 Pradeep Kumar, victim
    as the star witness who deposed that he had a quarrel with
    Bhagwan Singh Chaudhary over some money/property papers.
    Two days prior to the incident, he visited house of Bhagwan
    Singh Chaudhary to demand money where he met the wife of
    accused Bhagwan Singh who got a false FIR registered against
    him on 11.10.2015.

    12. On 13.10.2015 around 7.15 pm while he was in his
    office accused Bhagwan Singh alongwith his brother-in-law K.P.
    Singh, Pradeep Tyagi and Ashok Dass forcibly entered his office
    and started beating him. They damaged the things lying in the
    office alongwith the glass of his car. Bhagwan Singh Chaudhary
    POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 31/52
    Digitally signed
    by POOJA
    TALWAR
    Date: 2026.07.15
    13:16:22 +0530
    gave him a rod blow on his head, Pradeep Tyagi poked the sword
    in his feet, K.P. Singh threatened him by putting the sword on his
    stomach. Bhagwan Singh @ Fauji took out Rs.35,000/- from his
    pocket. When his neighbour Manoj and brother Praveen came to
    his rescue the accused persons fled.

    13. PW1 Manoj who as per the victim came to his
    rescue deposed that on 13.10.2015 at about 7.30 pm when he
    reached in front of t he office of victim he saw 5-6 persons were
    beating him. He identified accused Bhagwan Singh Chaudhary
    and K.P. by name. All the assailants had swords, danda and rods
    in their hands. Accused Bhagwan Singh, K.P and third one whose
    name he did not know had swords in their hands. He rescued the
    victim from the clutches of the accused persons. While leaving
    Bhagwan Singh Chaudhary broke the glass of the swift car.

    14. Brother of victim PW2 Praveen deposed that on
    13.10.2015 around 7.30 pm he received a phone call from his
    friend who informed him that his brother was being assaulted by
    few men. He informed him about the name of two assailants
    Fauji and his brother-in-law. When he reached the spot his
    brother was lying on the street and Fauji, his brother-in-law,
    Pradeep Tyagi and one Dass were beating his brother. They all
    had swords, danda and rods in their hands. He rescued his brother
    from the clutches of accused persons, who fled from there
    threatening his brother and breaking the glass of swift car.

    15. Besides these three witnesses prosecution also relied
    POOJA
    upon testimony of PW4 Ravi who deposed that on 13.10.2015 he TALWAR
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    TALWAR
    Date: 2026.07.15
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    was present in the office of the victim who was counting cash.
    Around 7.15 pm accused Bhagwan Singh, K.P. Pradeep Kumar
    and Ashok Dass reached there and started ransacking the office.
    They assaulted victim Pradeep Kumar. They were carrying
    swords, iron rods and dandas. Accused Bhagwan Singh snatched
    cash from the hand of victim.

    16. In order to connect accused persons with the offence
    prosecution is first and foremost required to prove their presence
    at the place of incident.

    17. PW1 complainant in his examination in chief
    categorically deposed about presence of all the aforesaid four
    accused persons and correctly identified them in court.

    18. Complainant claimed to have handed over CCTV
    footage where the alleged incident was recorded to the IO. The
    DVD containing the CCTV footage was played in court.

    19. Upon seeing the footage victim identified himself in
    the video but stated that he is unable to see the persons who were
    assaulting him. He identified the photographs of his ransacked
    office but stated that he cannot say who damaged his office and
    car as he was taken to the hospital.

    20. In his cross-examination he stated that ” I cannot say
    whether I was hit on the head from front or from behind. I could
    not see who had hit me as there were many people present there. POOJA
    TALWAR
    He further deposed that “I had given the statement on my own on
    Digitally signed
    by POOJA
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 33/52
    TALWAR
    Date: 2026.07.15
    13:16:34 +0530
    the previous dates and not what the IO had told me. He also
    deposed: Q.How many times your statement is recorded in the
    court? (question disallowed as it is a matter of record).

    I was may to read my statement before deposing in court.
    IO made me read my statement. I had given the statement on my
    own on the previous dates and not what the IO had told me. IO
    had made me read my previous statement. I was made to read the
    statement which was already written by the IO and got signed by
    me when I was visited the PS. I was informed by the people from
    the colony that the accused persons present in the court today
    had assaulted me. I had myself identified the accused and not on
    instance of any other person. One of the person who informed
    me that the accused persons had assaulted me was Ravi. I
    identified the accused persons as informed to me by Ravi. I
    already knew the accused persons prior to the incident. ”

    21. He further deposed “Since the assailants broke the
    glass of the door and light hence I do not know who entered my
    office. It is correct that I cannot say who assaulted me.”

    22. In his cross-examination by Ld. Addl. PP he
    admitted that he had a prior dispute with accused Bhagwan Singh
    Chaudhary as he was not returning property papers.

    23. PW3 in his cross-examination categorically deposed
    that he was informed about the presence of accused persons by
    one Ravi.

    POOJA
    TALWAR
    Digitally signed
    by POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 34/52 Date: 2026.07.15
    13:16:40 +0530

    24. Now this Ravi entered the witness box as PW4 and
    identified all the four accused persons correctly. His testimony
    could not be impeached on the aspect of presence of accused
    persons at the place of incident. No motive of false implication
    by Ravi could be brought on record by accused persons.

    25. Besides PW4 Ravi, PW3 mentioned about presence
    of PW1 Manoj and his brother PW2 Praveen. PW1 Manoj
    identified Bhagwan Singh Chaudhary and K.P. He could not
    identify accused Pradeep Tyagi and Ashok Kumar and explained
    that since several persons were present there hence he could not
    identify them due to lapse of time.

    26. PW2 Praveen correctly identified all the accused
    persons and proved their presence at the place of incident.

    27. In cross-examination of all the four aforesaid
    witnesses, none of the accused took a plea of alibi. In cross-
    examination of PW1 Manoj no plea of alibi or non presence of
    accused Ashok Kumar, Bhagwan Singh and K.P. was taken. No
    cross-examination of this witness was done on behalf of Pradeep
    Tyagi.

    28. In cross-examination of PW2 none of the accused
    took plea of alibi or their non presence at the place of incident at
    the relevant time. The only suggestion is given with respect to
    prior registration of FIR by wife of accused Bhagwan Chaudhary
    against the victim and non presence of PW2 at the place of POOJA
    incident. TALWAR
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    POOJA TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 35/52 Date: 2026.07.15
    13:16:45 +0530

    29. Similarly even to PW4 Ravi no suggestion with
    respect to non presence of accused persons at the place of
    incident is given and only non presence of the witness at the
    place of incident has been suggested.

    30. Accused K.P Singh and Pradeep Tyagi produced
    witnesses in their defence taking the plea of alibi for the first
    time.

    31. DW1 Narender Singh entered the witness box on
    behalf of accused K.P. Singh and deposed that on 12.10.2015 he
    alongwith K.P. Singh and one Dharmender went to Jwalaji
    Himachal Pradesh and returned back on 14.10.2015. In order to
    corroborate his version he filed one photograph showing himself
    with the accused.

    32. Neither the negative of the aforesaid photograph was
    placed on record nor any date is mentioned on the same to
    substantiate the plea of alibi on the relevant date.

    33. Accused Pradeep Tyagi produced one Rajeev Tyagi
    and his wife Poonam Tyagi who deposed that the accused was at
    their residence at the relevant time. Their testimony would not be
    of much relevance as this plea was not taken at the time of cross-
    examination of the witnesses who deposed in respect to presence
    of accused at the place of incident. The aforesaid plea hence
    appears to be an after thought.

    POOJA
    TALWAR
    Digitally signed
    by POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 36/52 Date: 2026.07.15
    13:16:52 +0530

    34. Accused Bhagwan Singh Chaudhary called for the
    record of the previously filed FIR by his wife against the
    complainant.

    35. In the light of evidence as led by prosecution and
    accused persons I proceed to decide the charges levelled against
    the accused persons.

    36. The accused persons have firstly been charged under
    Section 452/34 IPC for committing house trespass after having
    made preparations for causing hurt to the complainant.

    37. Testimony of complainant coupled with the
    deposition of PW1 Manoj, PW2 Parveen and PW4 Ravi would
    be relevant.

    38. All the aforesaid witnesses i.e. PW1, PW2 and PW4
    have been argued to be interested witnesses as PW1 and PW4
    had cordial relations with the complainant and PW2 is the cousin
    of the complainant.

    39. The law relating to testimony of interested witness
    has been settled by the Hon’ble Supreme Court through various
    pronouncements. The Apex court in Masalti Vs. State of U.P.
    (AIR 1965 SC 202) observed as under:

    “14. But it would, we think, be unreasonable to contend
    that evidence given by witnesses should be discarded only on the
    ground that it is evidence of partisan or interested witnesses. … POOJA
    The mechanical rejection of such evidence on the sole ground TALWAR
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    Date: 2026.07.15
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    that it is partisan would invariably lead to failure of justice. No
    hard-and-fast rule can be laid down as to how much evidence
    should be appreciated. Judicial approach has to be cautious in
    dealing with such evidence; but the plea that such evidence
    should be rejected because it is partisan cannot be accepted as
    correct.”

    40. In the light of the law as laid down by the Hon’ble
    Apex court the testimony of aforesaid three witnesses would be
    scanned. PW1 Manoj and PW2 Parveen claimed themselves to
    have reached the place of incident while the complainant was
    being assaulted. As per PW1 Manoj he could identify Bhagwan
    Singh Chaudhary and K.P. but could not identify Pradeep Tyagi
    and Ashok Kumar.

    41. This witness was extensively cross-examined and
    denied the suggestion given by the Ld. Defence counsel that he
    had some business relations with the complainant. On the aspect
    of presence of accused Bhagwan Singh and K.P. Singh at the
    place of incident at the relevant time stood unimpeached.

    42. PW2 is the cousin of complainant, only for the fact
    that he was related to the complainant would not make his
    testimony unworthy of credit, being interested witness. This
    witness identified all accused persons correctly and categorically
    deposed with respect to assault to his brother by the accused
    persons. His testimony on material aspect could not be
    impeached.

    POOJA
    TALWAR
    Digitally signed
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 38/52
    by POOJA
    TALWAR
    Date: 2026.07.15
    13:17:06 +0530

    43. PW4 Ravi proved the presence of all the accused
    persons and also identified them. His presence alongwith the
    complainant appeared in testimony of complainant PW3 as well
    as in the cross-examination of PW2 Praveen who deposed “Sh.
    Ravi was present in the office of my brother when I reached the
    spot.” There are few discrepancies in his deposition however on
    the material aspect his testimony stands unimpeached.

    44. At this stage, it would also pertinent to scrutinize the
    testimony of complainant who categorically proved presence of
    all the accused persons and having been assaulted at their hands
    in his examination in chief which was recorded in the year 2016.
    However once he re-appeared in the witness box after 9 years i.e.
    2025 he failed to identify the accused persons in the footage
    handed over by him to the IO.

    45. It would not be out of place to mention here that
    there is court observation on footage that the same is dark.

    46. In his cross-examination he stated that he could not
    see who had hit him on his head as there were many people
    present there. He conceded to the suggestion given by the Ld.
    Defence counsel that he had read his statement before deposing
    in court. However he explained that he gave the statement on his
    own on the previous dates and not what the IO had asked him to
    say. He also stated that he had himself identified the accused
    persons as his assailants and not at the instance of anyone else.

    POOJA
    TALWAR
    Digitally signed
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 39/52 by POOJA
    TALWAR
    Date: 2026.07.15
    13:17:13 +0530

    47. This witness though gave some misleading
    statements during his cross-examination, however on reading his
    examination in chief recorded in the year 2016 alongwith his
    cross-examination recorded in the year 2025 it cannot be said that
    the two are contrary or that the benefit of his statement accrues in
    favour of the accused.

    48. It is settled law as reiterated by the Hon’ble Supreme
    Court in catena of judgments that in case the witness resiles from
    his previous statement when called upon for cross-examination
    after a lapse of considerable time his prior testimony has to be
    scrutinized minutely and not rejected out-rightly when read
    alongwith his subsequent testimony exonerating the accused
    persons.

    49. It has been held by Hon’ble High Court of Delhi in
    case titled Deepak Vs. State Crl. A. 149/2000 decided on
    03.12.2013 that: “Simply because in the cross-examination, the
    witness turned hostile and did not implicate the accused, the
    version given in the examination-in-chief recorded on oath on a
    prior date cannot be disbelieved and discarded. The law is now
    well settled that merely the witness is declared hostile, whole of
    his evidence is not liable to be thrown away. In Crl.A.No.
    432/2010, ‘Naresh Kumar vs. State‘ decided on 04.09.2013, this
    Court observed:

    “18. 1991 Cr.L.J. 2653 (1), Khujji alias Surendra Tiwari V. State
    of M.P
    is a direct authority on the point in hand. In that case also,
    examination-in-chief of the witness was recorded on 16.11.76, POOJA
    TALWAR
    when he identified all the assailants by name. His cross-

    Digitally signed by
    POOJA TALWAR
    Date: 2026.07.15

    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 40/52 13:17:21 +0530
    examination commenced on 15.12.76. In that cross-examination,
    he stated that since the accused had their backs towards him,
    therefore, he count not see their faces. On the basis of that
    statement, it was submitted that evidence regarding identity of
    the accused was rendered highly doubtful and it would be
    hazardous to convict the appellant solely on the basis of
    identification of such a wavering witness. Hon’ble High Court
    came to the conclusion, which was up held by Hon’ble Apex
    Court that during one month period that elapsed since the
    recording of his examination-in-chief, something transpired
    which made him shift his evidence on the question of identity to
    help the appellant. His statement in cross-examination on the
    question of identification of the appellant and his companion is a
    clear attempt to wriggle out of what he had stated earlier in his
    examination-in-chief. As such, it was observed that there was no
    material contradiction to doubt his testimony. It was further
    observed that evidence of declared hostile is not wholly effaced
    from record and that part of evidence, which is otherwise
    acceptable, can be acted upon. Reliance was placed on well
    settled decisions of Hon’ble Supreme Court-Bhagwan Singh v.
    State of Haryans, (1976) 2 SCR 921 : Air 1976 SC 202; Rabinder
    Kumar Dev v. State of Orissa
    , (1976) 4 SCC 233: AIR 1977 SC
    170 and Sayed Akbar v. State of Karnataka, (1980) 1 SCR 95:

    AIR 1979 SC 1848-Where it was held that the evidence of a
    prosecution witness cannot be rejected in toto merely because the
    prosecution chose to treat him as hostile and cross-examined
    him. The evidence of such witness cannot be treated as effaced
    or washed off the record altogether but the same can be accepted
    POOJA
    to the extent their version is found to be dependable on a careful TALWAR
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    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 41/52 by POOJA
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    Date: 2026.07.15
    13:19:29 +0530
    scrutiny thereof.

    19. Substantially, similar view was taken in 2009 (XI) AD
    SC 125 Alagarsamy& Ors. Vs. State by Deputy Superintendent
    of Police. In that case also, the witness was declared hostile at
    the fag end of his cross-examination. The examination-in-chief
    of witness was recorded on 02.04.01 and on the same day he was
    cross-examined by three defence counsels. Then only later on, on
    26.06.01, when he was recalled, he was treated as hostile
    witness. Hon’ble High Court commented that witness was tried
    to be won over, after his cross-examination and this comment
    was approved by Hon’ble Apex Court and it was observed that
    law is not well settled that merely because witness is declared as
    hostile witness, whole of his evidence is not liable to be thrown
    away. Reference was made to Syed Akbar Vs. State of Karnatka,
    1980 (1) SCC 30, Rabindera Kumar Dey vs. State of Orissa,
    1976 (4) SCC 233 and Bhagwan Singh Vs. State of Haryana,
    1976 (1) SCC 389.”

    50. Complainant deposed with respect to the presence of
    accused at the place of incident and also correctly identified them
    in court. Some changes in the statement are natural as human
    memory tends to fade with passage of time. In this case the gap is
    of over 9 years.

    51. Interestingly when the complainant conceded to hte
    suggestion of Ld. PP that he voluntarily gave previous
    statements, the defence counsel suggested that complainant was
    not in fit state of mind. Complainant was sane when he failed to
    POOJA
    identify accused persons in footage but when he supported the TALWAR
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    by POOJA
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 42/52 TALWAR
    Date: 2026.07.15
    13:19:35 +0530
    story of prosecution he suddenly becomes insane.

    52. All the aforesaid witnesses deposed with respect to
    ransacking of the office of complainant and damaging his swift
    car. Damage to the car is further proved through the testimony of
    PW12 Sh. Arvinder Singh who carried out mechanical inspection
    of the car and prepared his report Ex.PW12/A.

    53. Further it is also argued that weapon of offence
    could not be recovered. In so far as this argument is concerned,
    the law relating to non recovery of weapon of offence is no more
    res-integra. Non recovery of weapon of offence is not fatal to a
    prosecution’s case. Hon’ble Apex Court vide its various
    pronouncements held that recovering the crime weapon is not a
    sine qua non for conviction.

    54. Reliance is placed on Umar Mohd. Vs. State of
    Rajasthan (SC) 2008 (1) RCR (Criminal) 574 wherein it is held
    that:

    “We also do not find any force in the submission of the
    learned counsel that the weapons of offences were not recovered.
    In any event, non- recovery of incriminating material from the
    accused cannot be a ground to exonerate them of the charges
    when the eye-witnesses examined by the prosecution are found
    to be trustworthy.

    35. In Krishna Mochi & Ors. v. State of Bihar [(2002) 6 SCC
    81], this Court held :

    “It has been then submitted on behalf of the appellants that POOJA
    TALWAR
    nothing incriminating could be recovered from them, which goes
    Digitally signed
    by POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 43/52
    Date: 2026.07.15
    13:19:41 +0530
    to show that they had no complicity with the crime. In my view,
    recovery of no incriminating material from the accused cannot
    alone be taken as a ground to exonerate them from the charges,
    more so when their participation in the crime is unfolded in
    ocular account of the occurrence given by the witnesses, whose
    evidence has been found by me to be unimpeachable.”

    55. In order to prove offence under Section 452/34 IPC
    prosecution is required to prove that the accused persons entered
    the property of the complainant with an intent to cause him hurt.

    56. As has been discussed in preceding paragraphs
    presence of accused persons at the place of incident stands
    proved through the testimony of PW1, PW2, PW3 and PW4. All
    these witnesses have corroborated the testimony of each other on
    the aspect of accused persons carrying iron rods, swords and
    dandas.

    57. PW13 Dr. Gopal Sharma proved injuries on the
    person of PW3 complainant stating that he suffered grievous
    injuries and had fractured ribs.

    58. Now the injuries sustained by the complainant can
    by no stretch of imagination be self inflicted.

    59. The accused persons could not prove their plea of
    alibi or adduce any evidence in defence to cast a dent in the story
    of the prosecution. The only defence taken by all the accused POOJA
    persons is prior registration of FIR by wife of accused Bhagwan TALWAR
    Digitally signed
    by POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 44/52
    Date: 2026.07.15
    13:19:59 +0530
    Singh. Interestingly the suggestion given to PW3 complainant is
    that there was no prior dispute between the parties. In case there
    was no dispute then how the FIR was got registered against the
    complainant stands unexplained.

    60. Presence of accused persons at the relevant time is
    proved through the testimony of all the four star witnesses of the
    prosecution. Injury caused on the person of complainant is
    proved through MLC. The opinion of the doctor with respect to
    the weapon allegedly used by the accused persons as stated by
    the witnesses to cause injury to the complainant is relevant.
    Damage to the car and vandalizing of office of complainant too is
    proved through the testimony of prosecution witnesses.

    61. All the ingredients required for the offence of house
    breaking are proved on record. In view of the same, offence
    under Section 452/34 IPC stands proved.

    62. Accused persons have further been charged under
    Section 427/34 IPC for damaging the swift car of the
    complainant and smashing the window panes of his office.

    63. As discussed above presence of accused persons at
    the place of incident at the relevant time stands proved. PW12
    Arvinder Singh who inspected the swift car of the complainant
    vide his report Ex.PW12/A mentioned about the damage caused
    to the car.

    POOJA
    TALWAR
    Digitally signed
    by POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 45/52 Date: 2026.07.15
    13:20:10 +0530

    64. Damage caused to the car by the accused persons
    surfaced in the testimony of PW1, PW2, PW3 and PW4 which
    could not be impeached despite extensive cross-examination.
    Damage caused to the window panes of the office of the accused
    appeared in the testimony of PW1, PW2, PW3 and PW4
    alongwith witnesses to investigation PW8 ASI Surender Singh
    who was the first one to reach the spot post the incident
    alongwith ASI Jai Bhagwan. He categorically deposed “At the
    spot we found the main gate of the property dealer had already
    been smashed. The car which was found parked near the office
    was also found in damaged condition. Even the photographs
    were clicked from different angles by ASI Jai Bhagwan ”

    65. Testimony of ASI Surender is corroborated with the
    testimony of ASI Jai Bhagwan.

    66. On reading the testimony of all the aforesaid
    witnesses it stands proved that damage to the car and office was
    caused by the accused persons and hence they are liable under
    Section 427/34 IPC.

    67. Accused persons have also been charged under
    Section 506/34 IPC for threatening to kill the complainant.

    68. It is deposed by PW2 Parveen ” The accused persons
    also threatened to kill my brother Sonu.” No suggestion is given
    to this witness refuting the allegations. His testimony on this
    aspect remains unrebutted and uncontroverted.

    POOJA
    TALWAR
    Digitally signed by
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 46/52 POOJA TALWAR
    Date: 2026.07.15
    13:20:16 +0530

    69. PW3 the complainant deposed “They also
    threatened to kill me”. Not a single suggestion is given to this
    witness on the aforesaid aspect. Accordingly even the testimony
    of the complainant on intimidation by the accused persons stands
    unrebutted and uncontroverted.

    70. In view of the statement of two crucial witnesses
    allegations of intimidation against the accused persons stands
    proved.

    71. Accused have further been charged under Section
    379
    /34 IPC for intentionally committing theft of cash of
    Rs.35,000/- from the possession of complainant.

    72. PW3 Complainant deposed that “Bhagwan Singh @
    Fauji took out Rs.35,000/- from my pocket.” In his cross-
    examination he stated “I was counting cash when few people
    reached my office and I thought that the cash was away taken by
    them, however when I returned from the hospital I was informed
    by the munshi that the cash had fallen down.”

    73. Besides this witness PW4 testified that “Accused
    Bhagwan Singh snatched the cash which was in the hand of
    Pradeep Gulia.” In his cross-examination he stated ” I cannot say
    how much cash was in the hands of Pradeep Gulia.”

    74. No other substantive evidence has been brought on
    record to prove that the complainant had Rs.35,000/- in his hands POOJA
    which was taken by accused Bhagwan Singh. Moreover the TALWAR
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    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 47/52 Date: 2026.07.15
    13:20:30 +0530
    complainant himself later admitted that he made this allegation
    under a misunderstanding that the cash has been taken by the
    accused but his Munshi later informed him that the cash was in
    the office itself.

    75. Even PW4 Ravi could not reveal the actual amount
    which was taken by the accused Bhagwan Singh.

    76. The munshi who was allegedly present in the office
    as per the complainant has not been brought in the witness box.

    77. The evidence as led by the prosecution does not
    prove the charged offence beyond reasonable doubt. Hence the
    benefit of same accrues in favour of accused persons.

    78. Accused persons have also been charged under
    Section 308/34 IPC for causing injuries to complainant Pradeep
    Kumar on his head and other parts of the body with iron rod and
    sword intending and with knowledge that the act could have
    caused his death.

    79. As has been discussed in preceding paragraphs,
    presence of all the accused persons is proved at the place of
    incident.

    80. MLC of complainant PW3 Pradeep Kumar
    Ex.PW13/A mentioned that the injuries sustained by him were
    grievous in nature with multiple blunt injury on chest, abdomen POOJA
    TALWAR
    etc. Even as per the testimony of the witness PW3 was hit with
    Digitally signed
    by POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 48/52
    Date: 2026.07.15
    13:20:59 +0530
    lathi, sword and sharp object.

    81. Though the injuries sustained by Pradeep Kumar are
    grievous in nature, however premeditation and intention to cause
    injury is the deciding factor to prove the offence under Section
    308
    IPC.

    82. Section 308 IPC applies when the act was dangerous
    and could cause death, but there wasn’t a definite intention to kill.

    83. In analyising the elements required for conviction
    under Section 308 IPC the presence of knowledge is critical.
    These elements can be inferred from the nature of the act, the
    severity of injuries and the circumstances under which the act
    occurred.

    84. Nature and extent of injury is crucial evidence but
    the mental state is paramount.

    85. Besides the ocular testimony of injured PW3
    Pradeep Kumar, testimony of Dr. Gopal Sharma PW13 would be
    relevant. Prosecution examined Dr. Gopal Sharma PW13 who
    deposed that patient Pradeep Kumar sustained multiple blunt
    injuries on chest with bony Creptius plus (underline fractures in
    ribs). The same could have been caused with lathi, sword and
    sharp object.

    86. From the aforesaid observation of the doctor in the MLC POOJA
    TALWAR
    fractures in the ribs and injury on the abdomen and head stands
    Digitally signed
    by POOJA
    TALWAR
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 49/52 Date:

    2026.07.15
    13:21:04 +0530

    proved. It has come in the testimony of all the witnesses that the
    accused persons had swords, rods etc. in their hands and that the
    complainant was assaulted with the same.

    87. Coming equipped with swords, rods etc. and assaulting
    the complainant on delicate organs such as chest, head and abdomen
    clearly prove their intent and knowledge to cause such injury which
    is sufficient to prove offence under Section 308/34 IPC.

    88. Reliance is also placed upon the judgment of Hon’ble
    High Court of Delhi in State (G.N.C.T.) of Delhi Vs. Mohit Kumar
    Pronounced
    on:23rd August, 2024 CRL.A. 541/2009 wherein it has
    been held that:

    “308. Attempt to commit culpable homicide.–Whoever does
    any act with such intention or knowledge and under such
    circumstances that, if he by that act caused death, he would be guilty
    of culpable homicide not amounting to murder, shall be punished
    with imprisonment of either description for a term which may extend
    to three years, or with fine, or with both; and, if hurt is caused to any
    person by such act, shall be punished with imprisonment of either
    description for a term which may extend to seven years, or with fine,
    or with both.”

    15. Thus, it emerges that the main element of an offence under
    section 308 IPC, 1860 is the knowledge and intention to cause such
    injury which would be likely to cause death and if such death is
    caused the offender would be liable for the offence of committing
    culpable homicide not amounting to murder. Apex court in the case
    of Sunil Kumar vs. NCT of Delhi, 1998 8 SCC 557 emphasised that
    POOJA
    the court has to see whether the act irrespective of its result, was TALWAR
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    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 50/52 TALWAR
    Date: 2026.07.15
    13:21:11 +0530
    done with the intention or knowledge and under circumstances
    mentioned in Section 308 IPC, 1860.

    16. In Narinder Kaur Oberoi v. State 2015 SCC Online Del. 7864,
    Coordinate Bench of this Court observed that the facts and
    circumstances of each case need to be considered to ascertain
    whether the accused had the requisite intention or knowledge. The
    factors that may be relevant to ascertain the element of “intention or
    knowledge” could be the nature of weapon used, the intention
    expressed by the accused at the time of act, the motive for
    commission of offence, the nature and size of injuries, parts of the
    body of the victim selected for causing the injuries and severity of
    blow and blows.

    17. The Supreme Court, in the case of Roop Chand @ Lala vs. State
    (NCT) of Delhi
    bearing Criminal Appeal No. 2204 Of 2010 decided
    on 22.09.2020, held that the nature of the attack and the intent or
    knowledge that the actions of the accused were likely to cause death
    must be established. The severity of the injuries inflicted was also
    held as another significant aspect.

    18. Thus, to meet the threshold for Section 308 IPC, it has to be
    clearly established that there existed an intent/knowledge to cause
    death though the nature of injuries may also be material to ascertain
    the requisite mens rea.

    89. MLC PW13/A would reveal that injuries were also
    caused on the head of PW3 Pradeep Kumar hitting the head with
    an iron rod proves the knowledge on the part of the accused that
    the same could cause death. POOJA
    TALWAR
    Digitally signed
    by POOJA
    TALWAR
    Date: 2026.07.15
    13:21:17 +0530
    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 51/52

    90. In view of aforesaid discussion, offence under
    Section 308/34 IPC stands proved.

    Conclusion:

    91. In view of aforesaid findings, prosecution succeeded
    in proving the guilt of the accused persons beyond reasonable
    doubt. Accused Ashok Kumar Dass, Krishan Pal Singh, Bhagwan
    Singh @ Fauji and Pradeep Tyagi are convicted for commission
    of offence under Section 452/34 IPC, Section 308/34 IPC,
    Section 427/34 IPC, Section 506/34 IPC and are acquitted for
    offence under Section 379/34 IPC.

    POOJA
    Announced in the open court (POOJA TALWAR) TALWAR
    on 15.07.2026 ASJ(FTC)-01/West District,
    Tis Hazari Court, Delhi Digitally signed by
    POOJA TALWAR
    Date: 2026.07.15
    13:21:24 +0530

    FIR no.1017/15 St. Vs.Ashok Kumar Dass & ors. 52/52



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