Court drops Sec 308 against 5 accused of hitting man with revolver butt

By Atul Krishan
New Delhi, April 2 A Delhi court has dropped the charge of attempt to commit culpable homicide levelled against five persons for beating a man with the revolver butt, noting that the injury might not have been caused with the butt of revolver, and there was nothing on record to show that the accused had the intention to cause any injury to him.

The FIR was filed against five persons under sections 341, 323, 308, 427, 34 of the IPC for allegedly beating a man with the butt of revolver.

The court also dropped charges punishable under sections 427 and 506 noting the victim was not threatened, and there was no supplementary statement of the victim.

"In view of the fact that there was a fracture on the face (sinus) of the complainant, which amounts to grievous injury, accordingly prima facie an offence under section 325 IPC is made out against the accused," the court noted.

On December 15, 2017, Rajesh Taneja, the complainant was on his way home from work on his car when he was stopped by two persons moving on a bike.

Taneja was hit on his left eye by one of the accused with the butt of the revolver.

In the meantime, three more individuals, namely Tarun Sharma a.k.a. Monu, Raja a.k.a. Bodhi and an unidentified person also reached there.

All the five dragged the man out of his car and brutally thrashed him. The man suffered injuries while the accused fled from the spot.

Later, on the basis of the statement of the victim, an FIR under sections 341, 323, 308, 427 of the IPC was lodged.

The police arrested the accused. The doctor at Sehgal Hospital termed the injuries of the complainant as grievous.

The police filed a chargesheet under sections 341, 323, 308, 427, 506 and 34 of IPC.

Later, a supplementary chargesheet regarding the CCTV footage of the incident was also filed. However, the FSL did not find any footage on the date of the incident.

Deepak Sharma, the counsel appearing for the accused argued that prima facie no crime was made out of his clients and they are liable to be discharged.

Sharma pointed out that no offence punishable under section 308 of the IPC was made out.

The court also noted that Ashmeet Singh refused to undergo the test identification parade but the police did not get his identity.

"It was a single blow on his face. The victim might have got fracture on his sinus when he was being attacked after being pulled out of the car. Therefore, it is clear on record that there is nothing on record that the accused had the intention or knowledge to cause any injury to the complainant which would have been sufficient to cause death in the ordinary course of nature. The injuries on the head of the injured do not make a case under section 308 IPC. All other sections can be tried by the court of Magistrate," the court noted while dropping the charges.

The accused will now face charges punishable under sections 323, 341, 325 and 34 of the IPC.

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