Additional Sessions Judge Virender Bhat let off Delhi resident Rambir of the charges of making an attempt to commit culpable homicide not amounting to murder, observing that the alleged victims have stated that "they had not seen the accused" giving them blows.
"Hence, it is seen that the two material witnesses of the prosecution (injured Rajesh and Manoj)... Have not supported the case. Both of them stated that they had not seen the accused Rambir giving a danda blow on the head. There is no other eye witness to the incident cited by the prosecution.
"The other witnesses cited in the charge sheet are the doctors, who had treated injured in the hospital and police officials, who were associated with the investigation of the case. None of them can throw any light upon the circumstances, in which the incident took place and who were the assailants," the court noted, while freeing Rambir.
According to the police, on November 12 last year when complainant Rajesh was returning home on his motorcycle, he saw traffic jam near Najafgarh in West Delhi. He stopped there and went ahead to look for the reason for the jam.
He found one of his co-villagers Manoj was present there and his clothes had been torn, it said.
The prosecution further stated that several villagers were present at the spot and were raising slogans against BSES as they were annoyed by the frequent power cuts in the area.
It said on seeing his friend there, Rajesh tried to convince the villagers to let the traffic ply but they got angry and some of them beat him up also.
"Since nothing incriminating has come against the accused in the deposition of material witnesses of the prosecution..., Rambir is hereby acquitted," the court said.
