Three men, who were facing trial for trying to kill two persons by stabbing them with a knife, have been acquitted by a Delhi court which said the statements of the victims were contradictory.
The court acquitted Sonu Diwakar, Anil Kumar and Dev Giri who were accused of stabbing a paan-shop owner Pramod and his uncle Ved Nath when they asked for money for the tobacco packets which the three had purchased.
"It can be safely held that the prosecution has failed to prove its case beyond reasonable doubt against the accused persons. Hence, accused Sonu, Anil and Dev are acquitted of the charge under Sections 307/34 (attempt to murder/common intention) of the IPC," Additional Sessions Judge Hemani Malhotra said.
"Although, it is evident from testimonies of the victims that the incident of stabbing did take place, the material contradictions in their testimonies create a reasonable doubt as to the identity of the accused person who had stabbed them (victims)," the court observed while acquitting the three men.
The fourth accused, who was a minor, is being tried at a Juvenile Justice Board here.
The judge noted there was contradiction in the statements given by Pramod and Ved Nath at the time of lodging of FIR and while testifying in court, regarding who stabbed them.
While before the police, Pramod had said Sonu had stabbed him, he told the court that it was the minor boy who had attacked him, the judge said.
"In view of the inconsistent stands taken by prosecution witness 4 (Pramod) and prosecution witness 5 (Ved Nath), I am of the opinion that it is unsafe to rely upon their testimonies... their versions are absolutely inconsistent with their previous statements," the judge said.
According to the prosecution, on the night of June 26, 2012, the minor accused came to Pramod's paan-shop at New Delhi Railway Station to purchase 'Gutka' packets but he refused to pay for them and left the shop.
After 10-15 minutes, the minor returned with Sonu, Anil and Dev who got into an altercation with Pramod and his uncle following which the accused stabbed Pramod on his thighs.
When Ved Nath tried to intervene, Sonu stabbed him also, the police said, adding that both the victims were rushed to Lady Hardinge Hospital.
The police produced before the court the knife, with which the victims were allegedly stabbed, but the judge refused to accept it as evidence.
"The knife was not sent to forensic lab for testing to establish the fact that the blood stains on the knife were that of the victims.
"Since no independent evidence was led to connect the weapon of offence with the commission of offence, recovery of knife at the instance of accused does not help the case of the prosecution," the court said.
