New Delhi: A Delhi court has acquitted a Tihar Jail inmate for grievously injuring a fellow prisoner during a fight over a cell phone as the victim turned hostile.
The court freed Jagdev while co-accused Gajinder Singh was declared proclaimed offender in the case.
"In the instant case, as per the complaint, the complainant was beaten black and blue by the accused persons Jagdev and Gajinder Singh but when the complainant came to the witness box to depose, he did not depose even a single word against the accused," Metropolitan Magistrate Dhirendra Rana said.
Declaring the complainant hostile, the court said he has specifically deposed in his cross-examination that accused Jagdev alias Jagga was not involved in the alleged incident.
"In view of the aforesaid facts and circumstances of the present case and evidence brought on record, I hold that the prosecution failed in proving the offence under Section 325/34 (voluntarily causing grievous hurt with common intention) of the IPC against the accused beyond reasonable doubt. Accused is accordingly acquitted for the offences," the magistrate said.
According to the prosecution, complainant Dharam was lodged in Tihar Jail in connection with a case registered at Binda Pur Police Station.
On December 17, 2012 around 11 AM, Dharam had snatched the mobile phone from Gajinder, another inmate of his ward in the jail. Around 3 PM, when the ward was opened, he was beaten up by Gajender along with Jagdev and other inmates with iron pipes and sticks.
During the clash, Dharam suffered grievous injuries and his left leg got fractured and was taken to hospital for treatment.
A case was filed by Delhi Police head constable Raj Singh on the complaint of Dharam against Gajinder and Jagdev under sections 325 and 34 of the IPC.