Delhi District Court
State vs . Jagbir Singh & Ors. on 27 March, 2015
IN THE COURT OF SH. RAJINDER KUMAR, MM03,
NORTH DISTRICT, ROHINI COURT, DELHI
STATE Vs. JAGBIR SINGH & ORS.
FIR No. 343/05
PS: JAHANGIR PURI
U/S: 379/411/420/511 IPC
Sr. no. of the case : 164/2/6
Date of commission of offence : 03.05.2005
Date of institution of the case : 05.10.2006
Name of the complainant : Sh. Avinash Tyagi
Name of accused and address : 1. Jagbir Singh
S/o Sh. Ranjeet Singh
2. Prahlad Singh
S/o Sh. Ranjeet Singh
Both R/o B42, Rana
Park, Siraspur, Delhi.
3. Dharminder Singh
Sh. Vijay Singh
R/o A7, Rana Park,
Siraspur, Delhi.
Offences complained of or proved : U/S: 379/411/420/511 IPC
Plea of the accused : Pleaded not guilty
Final order : Acquitted
Date of judgment : 27.03.2015
J U D G M E N T
1. The story of the prosecution in brief is that on 03.05.2005 at about 3.15pm at GTK Depot, Jahangir Puri, Delhi within the jurisdiction of Police Station Jahangir Puri, the accused persons in FIR No.343/05, PS Jh. Puri Page 1 of 5 furtherance of their common intention cheated or attempted to cheat other people causing them wrongful; used to fill in the empty cylinders with gas from other cylinders to sell it to other people; committed theft or attempted to commit theft of gas which they filled in empty cylinders. Further, that all the accused persons were found in possession of the cylinders in which there were gas stolen from other cylinders. According to the prosecution, accused thus committed offences punishable U/s 379/411/420/511 IPC.
2. The prima facie case was found to be made out against all the accused persons. Accordingly, charges for the offences punishable U/s 379/411/420/511 IPC were framed against them. The accusation was read over and explained to the accused persons to which they pleaded not guilty and claimed trial.
3. The prosecution got examined only two witnesses in support of its case, which are as follows:
(1) PW1 Sh. Satbir, is the Manager of the Gas Agency. (2) PW2 HC Govind, the Duty Officer.
It is pertinent to mention here that PW Sh. Vijay Garg was the material/eye witness in this case. The said witness did not turn up to the witness box to depose. However, the summons were issued to him FIR No.343/05, PS Jh. Puri Page 2 of 5 a number of times but the same were received unserved. The situation remained the same even despite service being effected through the DCP concerned.
4. Statements of the accused persons U/s 313 Cr.P.C. was recorded, in which all the incriminating evidence was put to them. Accused persons have controverted and denied the allegations leveled against them stating that they have been falsely implicated in the present case. It was stated by the accused that the complainant used to blackmail them. The accused opted not to lead defence evidence.
5. It was deposed by Sh. Satbir (PW1) that he was working as Manager with the Gas agency M/s Jahangir Puri Gas Service at A3 LSC Market, Jahangir puri since the year 1997. That he knew all the accused persons by name. That in the year 2005, on that day in the afternoon when delivery man did not come to the office for depositing the slips after supplying the gas cylinders, he made enquiries from suppliers about the accused persons. That he was informed that the police came in Ramgarh and taken away some persons. That he visited PS Jh. Puri and came to know about the theft of gas from cylinders by the accused persons. That police showed him the refill slips and he identified the same, which were taken by FIR No.343/05, PS Jh. Puri Page 3 of 5 the accused persons in the evening on the last day. That he do not know how many gas cylinders were taken by the accused persons on that day from godown for delivery against those slips. That the accused persons were found present in the office of Crime Branch, Sector18, Rohini and that prior to his visit to PS Jh. Puri he went to office of Crime Branch.
6. Sh. Satbir (PW1) did not support the story of prosecution and was crossexamined at length by APP for the state but nothing material came out of his crossexamination to support the story of prosecution. The witness even denied of the recording of his statement by the police in this case. The witness also denied the making of the statement to the police regarding the delivery of the cylinders by the accused persons.
While under crossexamination, the witness stated that he did not see the accused persons while committing theft from the gas cylinders. It was further deposed by the witness that being the Manager of the Gas Agency, he did not receive any complaint from any customer regarding the less weight of the gas cylinders supplied to them. It was admitted to be correct by the witness that Sh. Vijay Garg made telephonic call to him for blackmailing the gas cylinders and further that he was threatened by said Sh. Vijay Garg that in case FIR No.343/05, PS Jh. Puri Page 4 of 5 the cylinders were not given to him on low prices, he would lodge false complaint against him and his employees.
7. In view of the above, it is clear that the public witness i.e. Sh. Satbir (PW1) remains the only material witness for the prosecution in this case. The evidence led by the said sole material witness is not suffice to prove any of the allegations by any of the accused for the offence u/s 379/411/420/511/34 IPC. The role of the second witness HC Gobind (PW2) was limited one as he was the official, who got the FIR registered in this case.
8. In view of the above, it is clear that the prosecution has failed to prove its case against the accused persons beyond all reasonable doubts. Accordingly, taking into consideration the facts and circumstances of the case, all the accused are acquitted of the charges leveled against them.
The necessary bail/surety bonds furnished by the accused/surety in compliance of Section 437A Cr.P.C alongwith latest passport size photos and residential proof.
ANNOUNCED IN THE OPEN
COURT ON 27.03.2015 (RAJINDER KUMAR)
MM03(NORTH)/ROHINI
DELHI
FIR No.343/05, PS Jh. Puri Page 5 of 5