Delhi District Court
State vs 1. Suraj Kumar on 15 July, 2009
IN THE COURT OF SMT. PRATIBHA RANI,
DISTRICT JUDGE-III-CUM-I/C ASJ (WEST),
TIS HAZARI COURTS, DELHI
***
SC No.164/07
State Vs 1. Suraj Kumar
S/o Sh. Mahesh Sahu
R/o B4/465, JJ Colony,
Bhalaswa Colony, Badli,
Delhi.
2. Manoj
S/o Sh. Mohan Rajbhar
R/o B4/164 JJ Colony,
Bhalaswa Colony, Badli,
Delhi.
FIR No.319/03
Under Sec.328/379/411/34 IPC
PS : RMD
Date of Institution : 10.12.2003
Arguments heard on : 10.07.09
Order pronounced on : 14.07.09
***
JUDGMENT
Accused Suraj Kumar and Manoj have been sent to face trial for the offences punishable under Sec. 328/379/41/34 IPC. In brief the case of the prosecution is that on 4.9.2003 the complainant Sh. Abdul Sattar boarded Brahmputra Mail from platform No.9, Old Delhi Railway Station for going to his native place Bhagal Pur, Bihar. When he was sitting in the general compartment, two boys aged about 20-22 years came near him 1 and started talking to him. During conversation they offered him Fruity for which he initially refused but he was made to drink the same. The train left Old Delhi Railway Station at 9.15 PM and immediately thereafter he fell unconscious. When he regained consciousness, he found himself admitted in Aligarh Hospital and his belongings were missing. He suspected that he had been given some intoxicant by those two boys in the Fruity and committed theft of his suitcase containing his clothes, old mobile, his silver chain and Rs.1500/- cash and some other articles meant for children. On the basis of this complaint made to SHO GRP, Aligarh, 'Zero' FIR was registered. Subsequently on 6.9.2003 police officials of GRP, Aligarh were present at Aligarh Junction when complainant met them. They made inquiries from him about the occurrence. When they reached near platform No.3-4, two persons were found sitting on the stairs who on seeing the police party, started moving. They were chased and apprehended and on inquiry their names were revealed as Suraj Kumar and Manoj. Accused Suraj was found in possession of one grey colour suitcase, make local and its lock was found broken. On checking it was found containing old clothes of female and children and during search of accused Manoj, from the left pocket of his pant, one silver chain weighing about one tola and Rs.400/- cash in the denomination 2 of Rs.100/- each were recovered and identified by the complainant to be belonging to him. The recovered articles were seized and accused persons were arrested. Thereafter 'Zero' FIR was sent to PS RMD where the occurrence took place. SI Ranvir Singh of PS RMD made his endorsement on the 'Zero' FIR and got the FIR No.319/03 registered. Subsequently, Delhi Police got the presence of the accused persons procured through production warrant and after interrogation, the accused persons were arrested in this case. After completion of investigation, charge sheet was filed in the Court.
2. After compliance of provisions of Sec. 207 CrPC, the case was committed to the Court of Sessions.
3. After hearing on the point of charge, both the accused were charged on 28.7.2004 for the offence punishable under Sec. 328/379/411/34 IPC to which they pleaded not guilty and claimed trial.
4. Prosecution has examined 12 witnesses in support of its case. Accused persons were also examined under Sec. 313 CrPC to enable them to explain about the evidence appearing against them. Both the accused have submitted that they were going to Bihar and when the train stopped at Aligarh, they got down to have water. The police officials of GRP apprehended them. Nothing was recovered from their possession as alleged. 3 The accused persons have not led any evidence in their defence.
5. I have heard Ld. Addl. PP for the State and Ld. counsel for the accused persons. I have also carefully gone through the record.
6. PW1 Ct. Pawan Kumar has stated that on 14.10.2003 he was working as Naib Court in the Court of Sh. Harish Dudani, MM and accused Suraj and Manoj were produced in the Court on the basis of production warrant. SI Ranvir Singh formally arrested both these accused in this case vide arrest memos Ex.PW1/A and B.
7. PW2 is Hd. Const. Prounnat Vetanmaan (HCP) Veer Pal Singh from GRP, Aligarh Junction. On 6.9.2003 he was on duty at GRP, Aligarh. He has stated that the complainant alongwith two constables came to the PS from the Hospital and handed over his statement, on the basis of which he recorded formal FIR Ex.PW2/A and prepared the brief notes of the same in GD No.27. Thereafter he handed over the copy of FIR and GD to HCP Ranbir Singh for investigation.
8. PW4 is ASI Harjender Kaur from PS RMD. She has stated that on 2.10.2003 she was working as duty officer at PS RMD. She has proved the copy of FIR as Ex.PW4/A.
9. PW6 SI Kanti Prasad, GRP, Aligarh has stated that on 6.9.2003 he was working as MHC(M) at PS GRP, Aligarh. 4 He has proved the copy of entry made at Sl. No.99 in malkhana register as Ex.PW6/A regarding deposit of case property by SI Shyam Lal Verma. He has also proved the entry Mark-X (encircled red) dated 9.10.2003 vide which he had handed over the two pullandas to SI Ranvir Singh of PS RMD, Delhi.
10. PW11 Sh. Shiv Kumar, Employee, Cenral Nazarat, Aligarh has produced the summoned record i.e. case file of CC No.119/2003, u/s 8/22 NDPS Act, PS GRP, Aligarh in sealed condition, of the Court concerned under letter Ex.PW11/A. He has proved the copy of FIR No.76/03 PS GRP, Aligarh as Ex.PW11/B.
11. PW7 Ct. Jagdish Prasad has stated that on 5.9.2003 he was posted in PS GRP, Aligrah and was present at platform No.1-2. During morning hours he saw one person lying unconscious at the platform. He took him to PS GRP, Aligarh and SI Shyam Lal Verma got that person sent to Hospital through him and Ct. Ashok. After getting him medically examined, they again brought him to PS GRP, Aligarh on 6.9.2003. That person disclosed his name as Abdul Sattar and gave his statement in writing on the basis of which case was registered.
12. PW9 Dr. L.K. Saxena, ENT Surgeon, District M.S. Hospital, Aligarh has stated that on 5.9.2003 at about 4.25 am, he examined Abdul Sattar, aged about 25 years, brought by Ct. 5 Jagdish Singh. He has proved the MLC as Ex.PW9/A. He has also stated that he opined that the patient had taken some intoxicant substance.
13. PW10 Ct. Rajinder Singh was given up by ld. Addl. PP being repetitive in nature.
14. PW5 Sh. Abdul Sattar is the complainant. He has stated that in the year 2003 he visited Delhi to the house of his uncle and on 4.9.2003 at about 9.00 PM boarded Brahmputra Mail from platform No.9, Old Delhi Railway Station for returning to his native place. When he was in the process of taking seat in the compartment, two persons came to him and asked about his destination to which he replied that he was going to his native village. They also said that they were also going to the same village. It was summer season and those two persons asked him to have some drink as it was hot. Their names were revealed as Suraj and Manoj as they were addressing to each other by name. Suraj brought three packs of Fruity and one was offered to him. Initially he declined but on being forced, he consumed that Fruity and after 10-12 minutes he felt drowsy and confused and became unconscious. On gaining consciousness he found himself admitted in Aligarh Hospital and two police officials were standing near him. He made statement Ex.PW5/A to the police. He has further stated that when he boarded the 6 train at Delhi, he was putting on a silver chain and carrying Rs.1500/- cash in the denomination of Rs.100/- each and also one attachi containing clothes and a mobile phone. From the hospital when he came to the Station alongwith the police officials, the two accused persons on seeing the police started running and at that time Suraj was carrying his attachi. The accused persons were apprehended and the attachi was seized by the police. Rs.400/- and one silver chain were also recovered from the pant pocket of accused Manoj. He has identified the case property i.e. attachi Ex.P1, clothes collectively exhibited as Ex.P2, cash of Rs.400/- as Ex.P3 and silver chain as Ex.P4 and stated that these articles belong to him.
15. During cross examination this witness has denied the suggestion that the accused persons had not served any Fruity to him or that no such incident had ever taken place or that no recovery was effected from the accused persons.
16. PW3 HCP Ranbir Singh has stated that on 6.9.2003 while he was posted at GRP, Aligarh, he alongwith SI Saras Chand, SI Shyam Lal Verma, Ct. Ram Gulam, Ct. Rajinder, Ct. Rameshwar and some other police officials was patrolling on platform No.1 to 4 at Aligarh Junction. When they reached at over bridge, eastern side on platform No.3-4, complainant of case FIR NO. NIL PS GRP, Aligarh joined them and they moved 7 towards western side of platform No.3-4. They saw two boys sitting on the stair case who, on seeing the police party, started moving. Those two boys were chased and apprehended and on inquiry their names were revealed as Suraj and Manoj. Suraj was holding attachi case in his hand and the complainant identified them to be the same boys who met him in Brahmputra Mail on 4.9.2003. The suitcase which was recovered from Suraj was checked and found containing clothes of children, monkey cap, bed sheet etc which were identified by the complainant to be belonging to him. One silver chain and Rs.400/- were also recovered from Manoj which were also identified by the complainant to be belonging to him. He has also stated that the accused persons were also arrested under Sec.21/22 NDPS Act after explaining them about the grounds of arrest.
17. PW8 Ct. Ram Avtar was also member of the police party of which PW3 was also member and has also deposed on identical lines.
18. On behalf of the State, it has been contended that complainant was resident of Bihar and had absolutely no reason to falsely implicate the accused persons. It has been contended that taking into consideration that the articles belonging to the complainant have been recovered from the possession of the accused persons and complainant was found lying unconscious 8 on the platform at Aligarh, is sufficient to establish the guilt of the accused persons beyond reasonable doubt. Hence they be convicted for the offences for which they have been charged.
19. On behalf of the accused persons, it has been contended that the evidence against the accused persons is very weak. There is no documentary evidence available on record that complainant was owning the suit case or its contents or that the silver chain recovered from accused Manoj belong to him. It is further contended that there cannot be any identification of the currency notes and no judicial TIP of the accused persons or case property has been conducted. Ld. Defence counsel has prayed for acquittal of the accused persons.
20. I have considered the rival contentions. It has come on record that the complainant was resident of Kehal Gaon, District Bhagal Pur, Bihar and he had come to Delhi only to meet his uncle and was returning to his village when the incident took place in the train. He has absolutely no motive to falsely implicate the accused persons in this case or identify the articles Ex.P1 to P4 if the same did not belong to him. As accused persons were apprehended in his presence and recoveries were also effected before him, there was no question of getting the TIP conducted in respect of the accused persons or the case property. So far as offence under Sec. 328 IPC is concerned, as per the 9 medical report Ex.PW9/A, the attending doctor has given the opinion that "he has been taken some intoxicant agent" but there is no report of his stomach wash or any other test to prove that he was given some intoxicant or stupefying object in Fruity. As per statement of PW7 Ct. Jagdish, the complainant was found lying unconscious on the platform. The complainant was travelling in a general compartment. Though it could be convenient for the accused persons to take away the luggage of the complainant but definitely from a crowded general compartment it was not possible for them to take him out in unconscious state and make him lye on the platform in full public view. So the prosecution has not been able to prove that the accused persons had administered any stupefying object to the complainant.
21. The complainant has identified the case property i.e. attachi, clothes, cash of Rs.400/- and silver chain as Ex.P1 to P4 to be belonging to him. The accused persons have not claimed the case property. Taking into consideration that the incident has taken place on the night of 4.9.2003 and recovery has been effected on 6.9.2003, i.e. within two days of committing theft and accused persons have failed to explain their possession, presumption is that accused persons are the thieves who committed theft of luggage of complainant while he was travelling in Brahmputra Mail. Hence the accused persons 10 namely Suraj Kumar and Manoj are held guilty for the offence punishable under Sec. 379/34 IPC.
22. In view of the above discussion, accused Suraj Kumar and Manoj are acquitted of the charge punishable under Sec.328/34 IPC and held guilty for the offence punishable under Sec.379/34 IPC and convicted accordingly. Announced in the open Court 14.07.2009 ( PRATIBHA RANI ) DJ-III-cum-I/c ASJ (West) Delhi 11 IN THE COURT OF SMT. PRATIBHA RANI, DISTRICT JUDGE-III-CUM-I/C ASJ (WEST), TIS HAZARI COURTS, DELHI *** SC No.164/07 State Vs 1. Suraj Kumar S/o Sh. Mahesh Sahu R/o B4/465, JJ Colony, Bhalaswa Colony, Badli, Delhi.
2. Manoj S/o Sh. Mohan Rajbhar R/o B4/164 JJ Colony, Bhalaswa Colony, Badli, Delhi.
FIR No.319/03 Under Sec.379/34 IPC PS : RMD Arguments heard on : 15.07.09 Order pronounced on : 15.07.09 *** ORDER ON SENTENCE I have heard the convicts and their counsel on the point of sentence. On behalf of convicts, it is submitted that the convicts belong to poor family and they are the only bread earners of the family. It is further submitted that they are first offenders and had already remained in custody for sufficient time in this case, hence, a lenient view may be taken.
Considering the facts and circumstances of the case 12 and the family background of the convicts, the value of the recovered articles i.e. Rs.400/-, silver chain, few old clothes and one local make attachi, the convicts are sentenced to undergo RI for six months for the offence punishable u/s 379/34 IPC. The period of detention already undergone by the convicts during investigation/trial of the case, if any, shall be set off under Sec. 428 CrPC. The case property be returned to the rightful owner/ complainant after the expiry of period of appeal, if any. The convicts be released from jail today itself, if not required in any other case. File be consigned to record room. Announced in the open Court 15.07.2009 ( PRATIBHA RANI ) DJ-III-cum-I/c ASJ (West) Delhi 13