Delhi District Court
State vs . Raju Etc// Fir No. 627/07 on 6 July, 2011
1
THE COURT OF SHRI SANJAY KUMAR,
ADDITIONAL SESSIONS JUDGE - I,
DISTRICT NORTH WEST, ROOM NO. 308,
ROHINI COURTS, DELHI
SC No. 98/2008
FIR No. 627/07
PS : Shalimar Bagh
U/s. 302/394/395/396/397/34 IPC
STATE
VERSUS
1. RAJU S/O LATE SHYAM LAL
R/O JHUGGI BHADOLA VILLAGE
NEAR AZADPUR MANDI
ADARSH NAGAR, DELHI.
2. GANGA SINGH S/O AJODHIA SINGH
R/O BHAGI RATH KI JHUGGI,
JHUGGI CLUSTER, KELA GODOWN
AA BLOCK, SHALIMAR BAGH, DELHI.
Date of Institution : 08.02.2008
Date of receipt of case in this court : 27.11.2008
Arguments heard On : 04.07.2011
Order Announced On : 06.07.2011
SHRI P.K. VERMA, APP FOR THE STATE
SHRI ASEEM BHARDWAJ, AMICUS CURIAE FOR BOTH
THE ACCUSED PERSONS
JUDGMENT
State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 2
1. The factual matrix of the case is that on 27.09.07 on receipt of information from phone number 27476063 regarding stabbing of a person, DD No. 57-B was recorded and was handed over to ASI Ram Darash who along with Ct. Raj Kumar reached the place of occurrence i.e. AG-636, Shalimar Bagh. There they came to know that injured had been removed to BJRM hospital by PCR van. Thereafter ASI Ram Darash along with Ct. Raj Kumar reached BJRM hospital and collected the MLC of unknown male aged about 25 years, who was brought dead by the doctors. DD no. 57-B was handed over to Insp. Satvir Singh Preet and investigation was taken up by him. Insp. Satvir Singh Preet after instructing ASI Ram Darash regarding preservation of dead body, reached the place of occurrence, where he met Insp. Rajneesh Parmar, Addl. SHO PS Shalimar Bagh, SI Satender Dhull, SI Yashpal, Mobile Crime Team and photographer Ct. Mahender.
2. Incharge Mobile Crime Team SI Baljit Singh inspected the spot of crime and collected exhibits which were handed over to Insp. Satvir Singh Preet, investigation officer of this case. No eye witness could be found either at the State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 3 hospital or at the place of occurrence and thereafter Insp. Satvir Singh Preet made endorsement on DD no. 57B and got a case u/s 302 IPC registered. During investigation of the case, name of the deceased was known to be Teg Singh @ Tara s/o Trilok Singh. Insp. Satvir Singh Preet seized one black colour Nokia mobile and one brown colour purse containing Rs. 75/-, few visiting cards, one small pocket telephone diary and passport size photograph of the deceased. Site plan of the place of occurrence was also prepared by Insp. Satvir Singh Preet. Dead body of deceased was got preserved at BJRM hospital through Ct. Raj Kumar and doctor handed over clothes of the deceased, Rs. 14/- and mobile charger lead to Insp. Satvir Singh Preet who seized the same. Statement of witnesses u/s 161 CrPC was also recorded.
3. Postmortem on the body of deceased was conducted on 28.09.07. During investigation witness Bhoop Singh informed the police that rickshaw dwellers accused Ganga Singh, Jeetu, Raju, Vicky and their one associate were involved in the commission of crime as they were seen running from AG Block Shalimar Bagh after the offence and State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 4 they were residing in jhuggis at AA Block, Shalimar Bagh. On 03.10.07 accused Ganga Singh, Raju and Jeetu were arrested. Accused persons made their disclosure statements and their personal search was conducted. Accused Jeetu was produced before Juvenile Justice Board. On 06.10.07 accused Vicky aged 15 years was arrested and he confessed his involvement in the present case in his disclosure statement made before the police. Accused Vicky got recovered the screw driver used by them in the commission of crime and same was seized by the investigation officer. Personal search of accused Vicky was conducted and his arrest memo was also prepared. Section 394/397/34 IPC were also added in the case.
4. During investigation, Insp. Satvir Singh Preet collected the postmortem report of the deceased wherein doctor had given the cause of death as Hemorrhagic Shock as a result of injuries to heart. Opinion regarding the weapon of offence recovered in this case, was also obtained by the investigation officer from the autopsy surgeon. Exhibits collected in this case were sent to FSL, Rohini for expert opinion. During investigation bone age estimation regarding State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 5 accused Vicky and Jeetu was conducted. School leaving certificate of accused Vicky and Jeetu were also obtained by the investigation officer and they both were found to be juvenile, hence charge sheet in their respect was filed before the Juvenile Justice Board. Statement of witnesses u/s 161 CrPC were recorded. After completion of investigation charge sheet u/s 302/394/397/34 IPC was filed against accused Raju and Ganga Singh before the court through SHO.
5. Ld. MM after compliance of section 207 Cr.PC committed the case to the court of Sessions.
6. My Ld. Predecessor vide order dt. 14.07.08 framed charge against the accused for trial of offences u/s 302/394/395/396/34 IPC to which accused pleaded not guilty and claimed trial.
7. Prosecution in support of its case examined :-
Public Witnesses :
1. PW1 Govind Singh
2. PW2 Bhoop Singh
3. PW3 Shiv Singh
4. PW4 Harish State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 6 Medical Witnesses :
1. PW8 Dr. K. Goel
2. PW9 Dr. Sardaman Singh
3. PW15 Ms. Shashi Bala Formal Police Witnesses :
1. PW6 HC Subhash
2. PW7 HC Rishi Prakash
3. PW10 SI Manohar Lal
4. PW11 SI Baljit Singh
5. PW13 Ct. Mahender Singh
6. PW14 Ct. Jitender Singh
7. PW16 HC Raj Kumar
8. PW18 ASI Rajender Singh
9. PW19 Ct. Megh Raj
10. PW20 Insp. Rajneesh Parmar Police Witnesses who remained in investigation :-
1. PW5 Ct. Mukesh
2. PW12 ASI (Retd.) Ram Darsh
3. PW17 Insp. Satinder
4. HC Sheesh Dhar
5. PW 22 Insp. Satbir Singh State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 7
7. Vide statement dt. 09.05.2011 Sh. P. K. Verma, Ld. APP for the State closed the prosecution evidence.
8. In their statements recorded u/s 313 CrPC both the accused persons claimed to be innocent and preferred not to lead any defence evidence.
9. I have heard Sh. P. K. Verma, Ld. APP for the State as well as Sh. Aseem Bhardwaj, Ld. Amicus Curiae for both the accused persons and have also perused the entire record.
10. Let me now discuss the evidence brought on record by the prosecution.
Public Witnesses :-
11. PW1 Govind Singh has deposed that on 27.09.07 at about 9.00 pm when he was present at home, he heard the noise of crying of someone and when he looked outside the window he saw some persons gathered in the back lane.
When he went in the back lane he saw one person was lying in pool of blood in injured condition having one black colour State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 8 mobile in his hand. He informed the police at no. 100 from his phone 27476063 and after some time PCR van came there and took the injured to hospital. In his cross examination by Ld. Defence Counsel he stated that he did not see the incident himself and police did not record statement of any public witness.
12. PW2 Bhoop Singh, has testified that in the year 2007, date and month he could not remember, when he was going for purchasing vegetables he saw 4-5 persons surrounding one person. Those persons ran away after hitting as due to darkness he could not identify them. This witness was declared hostile by the Ld. APP and in his cross examination by Ld. APP for State, he admitted it as correct that incident happened on 27.09.07 and when those five persons were passing from near him, he saw accused Ganga Singh, Jeetu and Raju among those five persons. He further admitted it as correct that 5th person who ran past him was Nonu, who used to roam on rickshaw of Ganga Singh near his shop. In his cross examination by Ld. Defence Counsel, he stated that the place incident took place is a crowded area.
State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 9 He denied the suggestion put to him that at the instance of investigation officer he had deposed falsely or that accused persons did not kill the deceased or that he was not present at the spot at the time of incident.
13. PW3 Shiv Singh and PW4 Harish, who are brother in law and brother of deceased respectively, identified the dead body of deceased Tara Singh on 28.09.07 in the mortuary of BJRM hospital and after postmortem, the dead body was handed over to them. They both proved their identification statement made to the police as Ex. PW3/A and Ex. PW4/A respectively.
Medical Witnesses :-
14. PW 8 Dr. K. Goel, has proved the postmortem report Ex. PW8/A prepared by Dr. Munish Wadhawan, who has left the services of the hospital. Postmortem report Ex. PW8/A explained the injuries sustained by deceased and as per the said report the cause of death was hemorrhagic shock as a result of injury to heard. He further proved the opinion Ex. PW8/B given by Dr. Munish Wadhawan regarding the weapon State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 10 of offence. In his cross examination by Ld. Defence Counsel he denied that he cannot explain the nature of injuries as mentioned in postmortem report Ex. PW8/A. Report Ex. PW8/B regarding weapon of offence does not mention any date when the same was given.
15. PW9 Dr. Sardaman Singh, has proved the MLC of deceased Ex. PW9/A which was prepared by Dr. Rupak, who was working at BJRM hospital as Jr. Resident and has since left the services of the hospital. As per the said MLC patient was brought dead.
16. PW15 Ms. Shashi Bala, from FSL Rohini proved the biological report Ex. PW15/A and serological report Ex. PW15/B prepared by her after examining the exhibits which were sent to FSL for analysis.
Police Witnesses :-
17. PW12 ASI (Retd.) Ram Darsh, first investigation officer of this case, has deposed that on receipt of DD no. 57- B Ex. PW12/A on 27.09.07 he along with Ct. Raj Kumar State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 11 reached AG-636, Shalimar Bagh, i.e. the place of incident and there he came to know that injured had been removed to BJRM hospital by the PCR. On reaching BJRM hospital, he collected the MLC of injured on which doctor had mentioned brought dead. In the meantime, SHO PS Shalimar Bagh reached at the hospital and PW12 handed over all the documents to SHO PS Shalimar Bagh. Thereafter investigation of this case was handed over to Insp. Satbir Singh Preet. Dead body was shifted to mortuary BJRM hospital through Ct. Raj Kumar. After postmortem body was handed over to its rightful claimants and doctor also handed over one sealed packet to the investigation officer which was seized vide memo Ex. PW12/C.
18. The above stated facts have been fully corroborated by PW PW16 HC Raj Kumar as well as by PW22 Insp. Satbir Singh Preet. In his cross examination by Ld. Defence Counsel, he denied the suggestion that he did not join the investigation of this case and that nothing was recovered or seized in his presence.
State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 12
19. PW17 Insp. Satinder Dhull has stated that on 27.09.07 he was posted as Division Officer as SI Police Station and on that day on receipt of information about incident of stabbing he reached AG block, Shalimar Bagh and found Ct. Mukesh present there. PCR reached the spot and removed injured to hospital. Thereafter PW22 Insp. Satbir Singh reached at the spot with his staff. Thereupon this witness has corroborated the testimony of PW22 Insp. Satbir Singh. In his cross examination he has denied all the suggestions put to him by the Ld. Defence Counsel.
20. Testimony of PW5 Ct. Mukesh remained unrebutted and he was not cross examined by the defence whereas PW21 HC Sheesh Dhar has deposed that he joined investigation of this case on 03.10.07 and was present in the proceedings of arrest of accused persons as well as recovery of weapon of offence. In his cross examination he also denied all the suggestions put to him by the Ld. Defence Counsel.
21. PW6 HC Subhash, who was working as MHC (M) at Police Station Shalimar Bagh has proved the entries made by him regarding seizure memos, deposit of pullandas, RC etc. on 28.09.07, 03.10.07, 06.10.07, 07.10.07, 24.10.07, State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 13 25.10.07, 29.10.07 and 30.10.07. PW7 HC Rishi Prakash, has proved the registration of FIR of this case Ex. PW7/A on the basis of rukka which was sent by Insp. Satbir Singh Preet through ct. Jatinder. PW10 SI Manohar Lal, proved the scaled site plan Ex. PW10/A prepared by him at the instance of PW22 Insp. Satbir Singh Preet. In his cross examination he denied the suggestion that he never visited the spot or that prepared the site plan as per wishes of investigation officer of this case.
22. PW11 SI Baljit Singh, Incharge Mobile Crime Team has deposed that on 27.09.07 on receipt of call he along with Ct. Mahender Singh, photographer and other staff reached park neark Harisons Furnishing, AG Block, Shalimar Bagh where Insp. Rajnish Parmar, Addl. SHO PS Shalimar Bagh met him and in his presence he inspected the spot and lifted two earth control samples. Scene of crime was got photographed. Blood samples from four different places were also lifted along with one pair of shoes, belonging to deceased. All the lifted articles were handed over to Insp. Satbir Singh Preet and were taken into possession vide State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 14 seizure memo Ex. PW11/A. He prepared crime team report Ex. PW11/B and handed over the same to investigation officer of the case. In his cross examination he has stated that he handed over the crime team report to investigation officer on the next day i.e. 28.09.07. He admitted it as correct that the entire crime team report was not at the spot but he volunteered to add that he recorded the full observations at the spot that are mentioned in the crime team report. He denied the suggestion that he neither visited the spot nor inspected the scene of crime or that nothing was recovered or lifted in his presence or that he prepared report Ex PW11/B while sitting in his office as per the wishes of investigation officer.
23. PW13 Ct. Mahender Singh, proved the photographs taken by him on 27.09.07 at the instance of Pw 11 SI Baljit Singh. The photographs are Ex. PX1 to PX17 and negatives of the same are Ex. PX18 to PX34. PW14 Ct. Jitender Singh, deposed that he took rukka to police station and got the FIR of this case registered. He further deposed that after registration of the case he handed over copy of FIR State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 15 and original rukka to Insp. Satbir Singh Preet. PW16 HC Raj Kumar, has deposed that on 27.09.07 on receipt of DD no. 57B he along with ASI Ram Darsh reached the spot of crime and there they came to know that injured had been removed to BJRM hospital. On reaching hospital they came to know that accused was declared brought dead. The dead body was got preserved in the mortuary and was kept there in his custody upto postmortem examination. In his cross examination he denied all the suggestions put to him by the Ld. Defence Counsel.
24. PW18 ASI Rajender Singh, has deposed that on 27.09.07 he was posted as ASI at North West Zone, PCR and on that day he was on duty from 8.00 pm to 8.00 am on PCR vehicle C-33. He further deposed that at 9.00 pm he noted down a call regarding a stabbing incident and reached the spot and removed injured to BJRM hospital. He proved the photocopy of call book Ex. PW18/A having entries of this case at point X-1, X-2, X-3, X-4 and X-5. PW19 Ct. Megh Raj, has deposed that on 28.09.07 he delivered copies of FIR of this case for delivering the same to area magistrate and senior State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 16 police officials. He has deposed that at about 01.50 am he left the police station and after delivering the copies of FIR returned back to police station. PW20 Insp. Rajneesh Parmar, has deposed that on 27.09.07 he was posted as Addl. SHO PS Shalimar Bagh and on that day at about 9.00 pm on receipt of information regarding a stabbing incident he reached spot of crime along with SI Yash Pal. Injured was lying at the spot and PCR removed him to BJRM hospital. Crime team was called and they inspected the scene of crime and took photographs. Thereafter PW22 Insp. Satbir Singh Preet, investigation officer of this case reached the spot and recorded his statement. In his cross examination he denied all the suggestions put to him by Ld. Defence Counsel.
25. PW22 Insp. Satbir Singh Preet, the investigation officer of this case, has deposed that on 27.09.11 he was posted as Insp. Investigation at PS Shalimar Bagh and on that day he was called by ACP Shalimar Bagh at BJRM Hospital. He along with Ct. Jitender reached BJRM hospital where SHO Insp. Dharmvir Dutt and PW12 ASI Ram Daras met them and handed over DD no. 57B and MLC of State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 17 unknown male who was declared brought dead by the doctors. He then directed ASI Ram Darash to get the body preserved and left for spot of crime. This fact has been corroborated by PW12 ASI (retd.) Ram Darsh. At the spot, Insp. Rajnish Parmar, SI Satender Dhull, SI Yash Pal and SI Baljeet Singh, Incharge Mobile Crime Team were already present there with Ct. Mahender.
26. The scene of crime was already inspected by them and same was also got photographed through PW13 Ct. Mahender, Photographer. This fact has been corroborated by PW20 Insp. Rajeesh Parmar, PW17 Insp. Satinder Dhull, PW11 SI Baljit Singh and PW13 Ct. Mahender Singh, photographer. Incharge Crime Team PW11 SI Baljit Singh handed over to him exhibits lifted from the spot and he seized them vide memo Ex. PW11/A. Thereafter he prepared rukka Ex. PW22/A and sent the same for registration of case through Ct. Jitender and FIR of this case was recorded. This fact has been corroborated by PW14 Ct. Jitender. He then prepared the site plan Ex. PW22/B. State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 18
27. PW22 Insp. Satbir Singh, has further deposed that PW5 Ct. Mukesh produced one Nokia mobile of black colour and a rexin purse of brown colour and informed that the said mobile was in the hand of deceased and the purse was recovered from his pocket for identity of deceased which contained Rs. 75/-, few visiting cards, one pocket phone diary and a photograph. He took these items into possession and seized them vide memo Ex. PW5/A. This fact has be corroborated by PW5 Ct. Mukesh while testifying in this case.
28. In the meantime, PW12 ASI (retd.) Ram Darsh reached there and handed over two sealed parcels to him containing clothes of deceased. He also handed over Rs. 14/- and one mobile charger which was handed over to him by the doctor. The same were taken into possession vide memo Ex. PW12/B. This fact has been fully corroborated by PW12 ASI (retd.) Ram Darsh. He has further deposed that on 28.09.07 in the noon hours, when he went to BJRM hospital, PW3 Shiv Singh and PW4 Harish met him there and he recorded their statements regarding identification of the body of deceased vide memos Ex. PW4/A and Ex. PW3/A. Thereafter he State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 19 prepared the inquest papers i.e. Application for autopsy Ex. PW22/C, brief facts. Ex. PW22/D, form 25.35 Ex. PW22/E, copy of rukka Ex. PW22/F, copy of FIR Ex. PW22/G and MLC Ex. PW9/A and handed over the same to doctor for conducting postmortem on the body of deceased. Thereafter postmortem was conducted. He recorded statement of witnesses and returned back to the police station.He has further testified that while he was going back to police station, PW2 Bhoop Singh, eye witness, met him in front of scene of crime and his statement was recorded.
29. He has further deposed that on 03.10.07 he along with SI Satinder Dhull, HC Sheesh Dhar, Ct. Mukesh, Ct. Jitender and Ct. Raminder left the police station in search of accused persons and at about 6.20 pm one secret informer met them and informed that accused Ganga Singh, Jeetu and Raju were present on a rickshaw at the corner of Prabhu Dayal Public School, Shalimar Bagh. Thereupon, he along with staff and secret informer reached near Prabhu Dayal Public School and at the instance of secret informer, all the three accused persons were apprehended. He tried to join the public persons State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 20 to join the investigation but none agreed and went away. Accused Ganga Singh was apprehended from the driving seat of the rickshaw. Accused Raju was apprehended by PW21 HC Sheesh Dhar and accused Jeetu (juvenile) was apprehended by SI Satinder Dhull, who were sitting on the rear seat of rickshaw. The fact regarding arrest of accused persons have been corroborated by PW21 HC Sheesh Dhar, PW17 Insp. Satinder Dhull and PW5 Ct. Mukesh.
30. The accused persons were arrested vide arrest memo Ex. PW17/A, Ex. PW17/B and PW17/R and their personal search was conducted vide memo Ex. PW17/C, PW17/D and PW17/T. Rickshaw was taken into possession vide Ex. PW 17/I. Disclosure statement of all three accused persons were also recorded vide Ex. PW 17/E, PW17/F and PW17/O. At the instance of accused persons, pointing out memo Ex. PW17/G, PW17/H and PW17/P were prepared. At that time, eye witness PW2 Bhoop Singh arrived there, and he identified all three accused persons and his statement was recorded. They further tried to search co-accused Vicky and Nonu but State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 21 they could not be traced. The above stated facts have also been corroborated by PW17 Insp. Satinder Dhull, PW21 HC Sheesh Dhar and PW5 Ct. Mukesh.
31. He has further deposed that on 06.10.07 he along with SI Datinder Dhull, HC Sheesh Dhar, Ct. Mukesh, Ct. Raj Kumar and Ct. Ram Kishan left the police station in search of accused persons and when they reached at phatak No. 7, Shalimar Bagh, one secret informer met them and told them that accused Vicky is in Delhi and is trying to contact his relatives and will come to his house. At about 9.20 pm on the same day at Jhuggi Cluster, AA block, Shalimar Bagh at T point on the pointing out of secret informer accused Vicky (juvenile) was apprehended by PW17 Insp. Satinder Dhull and HC Sheesh Dhar.
32. Thereafter accused Vicky was arrested vide memo Ex. PW17/Q and his personal search was conducted vide memo Ex. PW17/S. His disclosure statement Ex. PW17/J was also recorded and in pursuance of the same, accused Vicky pointed out place of occurrence vide memo Ex. PW17/K. State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 22 Thereupon accused Vicky took them near AG Block, Opposite Kothi No. 5, near Peepal ka Per, Shalimar Bagh and pointed out towards a small nala and got recovered one sharp edged weapon of offence looking like screw driver. Sketch of said weapon Ex. PW17/L was prepared and was taken into possession vide memo Ex. PW17/M. Accused Vicky also got recovered the pant worn by him at the time of commission of crime. The said pant was seized vide memo Ex. PW 17/N. Statements of witnesses were recorded and accused was produced before the Juvenile Justice Board being juvenile. The above stated facts have also been corroborated by PW17 Insp. Satinder Dhull, PW21 HC Sheesh Dhar and PW5 Ct. Mukesh.
33. He has further deposed that on 08.11.07 he along with SI Manohar Lal reached the scene of crime where he took rough notes and measurement at his instance and prepared scaled site plan Ex. PW10/A and handed over the same to him on 09.11.07. This fact has been corroborated by PW10 SI Manohar Lal. During investigation he collected the postmortem report of deceased and produced the weapon of offence before the autopsy surgeon for subsequent opinion State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 23 vide application Ex. PW22/H and doctor gave his subsequent opinion vide memo Ex. PW8/B. On 30.10.07 exhibits were sent to FSL through PW5 Ct. Mukesh. This fact has been corroborated by PW5 Ct. Mukesh.
34. He has further deposed that he collected photocopy of log book of PCR vehicle Ex. PW18/A. This fact ha been corroborated by PW18 ASI Rajender Singh. He has further deposed that he collected the photographs of scene of crime and also collected PCR form Ex. PW22/I. Thereafter statement of witnesses were recorded and after completion of investigation charge sheet was filed before the court against accused Raju and Ganga Singh. Separate charge sheet was filed against accused Vicky and Jeetu before the Juvenile Justice Board as they both were juvenile. He also identified accused Raju and Ganga Singh in the court.
35. In his cross examination PW22 Insp. Satbir Singh has stated that he had noticed the trail of blood at the spot but did not notice any blood stained foot marks at the spot. He denied the suggestion that weekly Thursday market was State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 24 going on near the spot or that the spot of crime remains crowded because of weekly market or that crime team never visited the spot on 27.09.07 or that Ct. Mukesh never joined the investigation and he has been introduced just to cover up the investigation. He also denied that Bhoop Singh PW 2 has been planted by him to falsely implicate the accused persons. He also denied the suggestion that the place of arrest of accused Ganga Singh and Raju i.e. Area near Prabhu Dayal School remains crowded or that all the documents were prepared and written in the police station on 03.10.07 or that signatures of both the accused persons were taken on blank papers and were later on converted into memos and disclosure statement or that the accused persons were lifted from their houses much prior to the date of arrest or that accused persons did not disclose name of any other co- accused. He has also denied that he did not conduct the investigation fairly and properly or that nothing was recovered from the possession or at the instance of accused or that the entire writing work was done while sitting in the police station or that the signatures of accused perons were obtained on blank papers.
State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 25
36. The testimony of PW22 Insp. Satbir Singh has been fully corroborated by PW5 Ct. Mukesh and PW17 Insp. Satinder Dhull on the aspect of investigation of the case. The fact of arrest of accused persons and recovery effected at instance of accused has further been corroborated by PW5 Ct. Mukesh, PW17 Insp. Satinder Dhull and PW21HC Sheesh Dhar.
37. The testimony of all the prosecution witnesses relied by prosecution discussed is in detail hereinabove.
38. The star witness of the prosecution is PW2 Bhoop Singh. He is the eye-witness according to prosecution case. The testimony of PW2 Bhoop Singh, eye witness reflects that he did not identify four five persons who surrounded one person when he was going to purchase vegetables from Veer Bazar. He was declared hostile as he failed to support the prosecution case and testified that he gave name of both the accused on the basis of suspicion. In the cross-examination by ld. Addl. PP he mentioned the date of incident 27.09.2007. He admitted that those five-six persons who were passing State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 26 near him were Ganga Singh, Jeetu, Raju and one Nonu. In the cross-examination by ld. counsel for accused, he admitted that his statement was recorded by police after two days of incident. This eye witness established one fact that accused Ganga Singh and Raju are the two persons among four-five persons who surrounded one person and ran away after hitting. He has not deposed in what manner accused Ganga Singh and Raju inflicted injuries to the deceased. He has categorically stated that he had given the name of both accused persons only on the basis of suspicion.
39. As per PW22 Inspector Satbir Singh Preet on 28.09.07 during the noon hours when he returned back from hospital after post mortem he met eye witness Bhoop Singh at the scene of crime i.e. AG-5, Shalimar Bagh. He has not explained how Bhoop Singh narrated the incident to him and also as to how Bhoop Singh suddenly appeared there. The manner of appearance of eye witness PW2 Bhoop Singh and his testmony before the court in contradiction to his earlier statement creates doubt about the veracity of his testimony before the court in which he named accused Raju and Ganga State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 27 Singh. Furthermore, there is no whisper of using of screw driver and snatching of Rs.2200/- along with pant and shirt by him at Veer Bazar.
40. Another witness PW1 Govind Singh examined by prosecution, was the informant who informed the police from his land line number from his house that one person was lying in a pool of blood in injured condition having one black colour mobile in his hand. In the cross-examination, he admitted that he did not see the incident.
41. As per the prosecution case, PW5 Ct. Mukesh was on patrolling duty in the area at around 9.00 p.m. and he was the first police official to reach the spot of crime. He found one person aged 25 years in the back lane of house no. 635 was lying in the pool of blood having a black colour mobile in his right hand. He picked up the mobile phone and took out the purse for checking the identity. Meanwhile, PW17 Inspector Satender Dhull also reached there and the injured boy was sent to BJRM Hospital in PCR van. As per the testimony of PW5 Ct. Mukesh Kumar, he checked the purse State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 28 and found the photograph on whose back side name of Tej Singh Adhikari was written. On 28.09.07, he handed over mobile phone and purse to IO Inspector Satbir Singh Preet. As per PW17 Satender Dhull, he made some calls from the said mobile phone. However, PW5 Ct. Mukesh and PW22 Inspector Satbir Singh Preet both are silent on this aspect. PW17 Inspector Satender Dhull also did not support the version of PW5 Ct. Mukesh regarding fixing the identity of deceased on the basis of documents which were found in the purse.
42. The important aspect when PW17 Inspector Satender Dhull came to know the mobile number, how PW5 Ct. Mukesh missed that number and also PW22 Satbir Singh Preet was also not able to know the number before seizure of the mobile phone at the spot. Although seizure memo Ex.PW5/A mentioned the mobile number which is signed by PW5 Ct. Mukesh Kumar and PW17 Inspector Satender Dhull. As per this seizure memo, photograph of the injured mentioned the name and address but how PW17 Inspector Satender Dhull deposed that after seeing the documents and State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 29 photograph, he could not establish the identity of injured. It also raised doubt about the testimony of PW5 Ct. Mukesh Kumar and PW17 Satender Dhull.
43. As per prosecution case, accused Ganga Singh and Raju were arrested on 03.10.07. At the time of arrest of these accused persons when police officials constituted the raiding party at Shalimar Bagh itself they did not call eye witness Bhoop Singh who knew the name and appearance of both accused persons as well as other associates namely Jeetu and Vicky. After about 15 days of the incident, for argument sake if Bhoop Singh was not available or they had no time. After the arrest it was incumbent for the investigation officer to subject them to TIP in which eye witness Bhoop Singh must have joined. However, no efforts was made by the investigation officer to follow the basic rule when eye witness was available all the time.
44. It is also pertinent to mention here that the amount of Rs. 2200/- and the pant and shirt which were allegedly robbed from deceased have not been recovered by the police State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 30 during investigation. The accused persons in their disclosure statements have stated that the amount of Rs. 2200/- which was robbed by them from the deceased was distributed amongst them and they had spent all that money. They have further stated that the pant and shirt, which was also robbed from the deceased, was taken by accused Nonu (not arrested). PW17 Insp. Satinder Dhull, PW21 HC Sheesh Dhar and PW22 Insp. Satbir Singh Preet (investigation officer of the case) who are the witnesses of arrest of accused persons and also witnesses of recording of disclosure statement of accused persons made no efforts to recover the robbed amount and pant and shirt robbed by them from deceased. In their respective cross examination by the Ld. Defence Counsel PW17 Insp. Satinder Dhull, PW21 HC Sheesh Dhar and PW22 Insp. Satbir Singh Preet denied the suggestion that blank papers were got signed from the accused persons and later on they were converted into disclosure statements.
45. The prosecution case in its entirety depends on only eye witness PW2 Bhoop Singh. The testimony of PW2 Bhoop Singh, eye witness is not inspiring genuineness and State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC 31 failed to pass the test of veracity. It is not safe to conclude the guilt of both accused persons on the basis of shaky and doubtful testimony of Bhoop Singh. The testimony of Bhoop Singh is creating thick clouds of doubt regarding involvement of accused Raju and Ganga Singh in the incident. Hence, both accused persons granted benefit of doubt.
46. On the basis of above observations and discussion, it has been established that prosecution has failed to prove the charge of dacoity or robbery or murder by both the accused persons by sharing common intention with other co- accused Jeetu and Vickay (juvenile) and Nonu (not arrested). Hence, accused Raju and Ganga Prasad are acquitted of the charge for the offence under section 394/395/396/302/34 IPC. File be consigned to record room after compliance of Section 437-A IPC.
Announced in the open court (SANJAY KUMAR) today i.e. 06.07.2011. ASJ-01 (NW),ROHINI COURTS: DELHI State Vs. Raju etc// FIR No. 627/07 PS : Shalimar Bagh// u/s 302/394/395/396/397/34 IPC