Delhi court pulls up police for several lacunae in chargesheet

NEW DELHI: A Delhi court has pulled up the police for filing a charge sheet with several lacunae in a case related to injuries received by a man.

Metropolitan magistrate Anshul Mehta said the perusal of the supplementary charge sheet revealed that one person, Kailash, was injured in the incident but the injury was inflicted upon Nandkishore and the investigating officer (IO) failed to explain who Kailash was.

The court further stated that there was a statement of the victim, Nandkishore, under section 161 (examination by police) CrPC on October 25, 2021, wherein he stated that he was allegedly hit while saving his friend, but in another statement recorded by the IO, not under section 161 CrPC, on the same date, the victim deposed that the accused allegedly attacked him with the intention of causing death.

“Both are contradictory statements. The court has failed to understand the requirement of recording two statements of the same victim on the same date and the IO has failed to give satisfactory answers of the same. IO had also failed to explain how charges under section 307 (attempt to murder) IPC or 308 (attempt to commit culpable homicide) IPC or 326 (voluntarily causing grievous hurt by dangerous weapons or means) read with 34 (common intention) IPC were not attracted in the present matter,” the court said in an order on July 21.

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