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IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Surender @ Tannu @ Tanva – Petitioner
Vs.
State of NCT of Delhi – Respondent
Crl. Rev. Pet. No. 197 of 2018, Crl. M. (Bail) No. 339 of 2018
Decided On : 13-06-2022
Indian Penal Code, 1860 - Section 302/34 – Code of Criminal Procedure, 1973 - Sections 161, 173, 227 and 228 - Offence of murder - Seeking setting aside of Supplementary Chargesheet - Complainant stated that his brother now deceased, got into a fight with some boys from their locality a few days before incident. It is stated that deceased was returning to his house and he went to a cemented water tank near - Complainant, along with his neighbour, had gone to a temple at Ali Village where accused was present, who told complainant that he was going towards his home and if anyone from complainant’s jhuggi tried to stop him, he would not leave them. When accused went towards he started abusing deceased complainant, his mother, father and sister came out of their house - Accused with an intention to kill, stabbed de0ceased in chest and neck and ran away from spot - As per requirement of Section 227 and 228, learned Judge shall consider whether “sufficient grounds” exist or not and such consideration shall be supported by material on record. (Para 39)
Finding of the Court:
Judge need not be satisfied on question of whether trial, when conducted, will lead to conviction or acquittal of accused, but consideration needs to be whether accused is to be sent for trial at first instance or not, based on the material on record - Investigation into offence and elaborate appreciation of evidence is not required, and is rather discouraged, at stage of framing of charges and only the material prima facie establishing a case against or in favour of accused is what is significant - Requirement of Section 227 and 228 - Evidence and other material on record. However, apart from statements made by mother and sister of deceased, there was admittedly no other incriminating evidence found against the petitioner - Such limited material was not sufficient to even prima facie make out a case against petitioner, also in light of fact that same material was available at the time of filing first Chargesheet charges were framed after 2 years of incident and statements of family members of deceased - Court finds that Supplementary Charge-sheet filed at a subsequent stage after alleged further investigation, was not filed after having been found any fresh material or evidence neither was further investigation proper and in accordance with law nor the Supplementary Charge-sheet is sustainable in the eyes of law.
Result: Petition is allowed.
JUDGMENT :
Chandra Dhari Singh, J.
1. The instant petition had been converted from a Criminal Writ Petition to a Criminal Revision Petition vide order of a coordinate bench of this Court dated 26th February, 2018, and had been filed on behalf of the petitioner seeking setting aside of Supplementary Chargesheet dated 8th August, 2016 filed in FIR No. 635/2014 registered at Police Station Sarita Vihar and of charges framed against the petitioner vide order dated 5th September, 2017 under Section 302/34 of the Indian Penal Code, 1860 (hereinafter “IPC”) in Sessions Case No. 2712/2016 pending before learned Additional Sessions Judge-03, South-East, Saket Courts, New Delhi.
BACKGROUND
2. A brief background of the case reveals that an FIR was lodged by the complainant, Ram Babu, wherein he stated that his brother, Raja Babu, now deceased, got into a fight with some boys from their locality and from Ali Vihar a few days before the incident. It is stated that on 23rd September, 2014, at around 10 pm, the deceased was returning to his house and he went to a cemented water tank near his jhuggi. The complainant, alongwith his neighbour, had gone to a temple at Ali Village where accused Vijay @ Mandi was present, who told the complainant that he was going towards his home and if anyone from the complainant’s jhuggi tried to stop him, he would not leave them. When accused Vijay @ Mandi went towards the jhuggi he started abusing the deceased whereupon the complainant, his mother, father and sister came out of their house. They found that accused Vijay @ Mandi was hitting the deceased and when the complainant tried to stop the accused from hitting the deceased, the accused Vijay @ Mandi pushed him.
3. It is stated in the FIR that accused Vijay @ Mandi, with an intention to kill, stabbed the deceased, Raja Babu, in the chest and neck and ran away from the spot. Consequently, DD No. 82B was recorded in Sarita Vihar Police Station, with regard to the injury to the deceased caused due to a knife stabbing at Jhuggi No. 472, New Priyanka Camp, Madanpur, Khadar, Sarita Vihar and the FIR No. 635/2014 was lodged under Section 302 of the IPC against the accused.
4. The accused Vijay @ Mandi was arrested and presented before the Juvenile Justice Board, since, he was under the age of 18 years, and he confessed to the concerned Inspector that he stabbed the deceased. Statements of the family members of the deceased as well as other witnesses were recorded. As per the statement of the mother na dthe sister of the deceased, the petitioner herein was involved in the commission and murder of the deceased. It was stated by mother of the deceased that the petitioner and accused Aamin were holding the deceased when accused Vijay @ Mandi stabbed him in the chest. A Chargesheet dated 6th December, 2014 was filed before the Juvenile Justice Board and the main accused Vijay @ Mandi was released on bail by the Juvenile Justice Board.
5. Thereafter, an application for further investigation was moved by the complainant before the learned Metropolitan Magistrate for monitoring of investigation and the same was allowed with the directions to the Investigating Officer to submit a Status Report. The Investigating Officer, vide order dated 27th April, 2016, was directed to file a further report and on 31st August, 2015, the Investigating Officer filed a Supplementary Chargesheet dated 8th August, 2016, under Section 173 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C”).
6. Vide order dated 31st August, 2016, the learned Metropolitan Magistrate issued summons to the petitioner before the Court on 8th September, 2016 and on the said date the petitioner was taken into judicial custody. Subsequently, charges were framed by the learned Additional Sessions Judge on 5th September, 2017 against the petitioner under Section 302/34 of the IPC.
7. The petitioner is before this Court assailing the order dated 5th September, 2017 as well as the Supplementary Chargesheet dated 8th A
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