A Delhi court has acquitted two persons in an attempt to commit culpable homicide of a man by hitting him on his head with an iron pipe and rod as the complainant and the lone eye-witness to the crime refused to support the prosecution case.
The prosecution charges against the two accused, Veerpal and Gangaram, were that they had in turn hit the complainant with an iron pipe and a rod on his head following an altercation over some issues.
The prosecution examined six witnesses to prove the case.
Except the complainant and the eyewitnesses, all the other were formal witnesses.
“The eyewitness of the case has stated that he had not seen anyone assaulting Satish, the complainant. The police did not record his statement. He was declared hostile by the prosecution and cross examined by the Additional Public Prosecutor but in vain,’’ the court said.
The complainant in his cross-examination by the Additional Public Prosecutor said that as it was night, he could not identify the assailants. He was also under the influence of liquor on the date of the incident.
“In the present case, PW3 (complainant) is the star witnesses of the prosecution case. In fact he is the backbone of the prosecution case and the entire prosecution case rests upon his testimony but he has not supported the prosecution case from any corner and other prosecution witnesses are the official witnesses,” the court said.
The complainant also admitted that he had compromised the matter with both the accused persons at a village panchyat and due to that he was not deposing against them, the court noted.
