Delhi Court frames charges against three in 2017 road rage case

However, the court discharged the accused persons of the charge of attempt to culpable homicide not amounting to murder.

Additional Sessions Judge (ASJ) Hem Raj framed charges against Mandeep Singh alias Raja,Ashmeet Singh and Tarun Sharma alias Monu.

The court held that the accused persons are liable to be charged for the commission of the offences under sections 323, 341, 325 and 34 of the IPC. They stand discharged for the offences under sections 427/506 IPC.

The judge held that no charge under sections 308 and 34 of the IPC is made out against the accused.

However, 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 IPC Section 325 was made out against the accused, the judge said.

The judge added 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 reason for such a conclusion was that the complainant raised allegations that he was hit by one person with the help of the butt of a revolver above the left eye. The complainant did not state that he was attacked repeatedly with the butt of the revolver, the court noted in the order passed on March 20.

"In fact, it appears that there was only a single blow on his face with the butt of the revolver," the judge noted.

The court pointed out that the complainant nowhere alleged that while he was being beaten by all five persons, they used any weapon upon him. There was no supplementary statement of the complainant either where he alleged the use of the weapon.

Advocate Deepak Sharma, the counsel for the accused, argued that no prima facie offence as alleged in the chargesheet, was made out against the accused persons and they are liable to be discharged. He argued further that no offence under section 308 IPC was made against the accused.

The prosecution's case is that the incident had taken place on December 15, 2017, at about 9:45 pm at Tilak Nagar Flyover in Delhi. The complainant Rajesh Taneja, at that time, was returning to his house in his car and when he reached the flyover, two men aged about 20-25 years came from the backside on a motorcycle. They stopped the motorcycle in front of the car. One of them hit Rajesh on his left eye with the butt of a revolver.

In the meantime, three more persons -- Tarun Sharma alias Monu, Raja alias Bodhi and an unknown person -- came to the spot. They all pulled Rajesh out of the car and beat him. Thereafter, they all fled away from the spot, the prosecution alleged.

On his statement, an FIR was registered and the investigation was undertaken. The accused persons were apprehended. The medical examination of the complainant was done.

Delhi Police filed the supplementary chargesheet regarding the CCTV footage of the incident. However, the Forensic Science Laboratory did not find any footage of December 15, 2017 from the DVR seized by the investigating officer (IO). (ANI)