Delhi District Court
State vs . Anang Pal Singh on 24 January, 2011
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGE-II (NORTH-WEST): ROHINI COURTS: DELHI
Sessions Case No. 555/2006
Unique Case ID: 02401R0884492005
State Vs. Anang Pal Singh
S/o Sunder Singh
R/o House No. 169
Puth Kalan, Delhi.
FIR No. : 370/2004
Under Section : 186/353/332/307 Indian penal
Code & Sec. 61/1/14 Excise Act.
Police Station : Nangloi
Date of committal to Sessions Court : 4.7.2006
Judgment reserved on : 12.1.2011
Judgment pronounced on : 14.1.2011
JUDGMENT
Brief Facts:-
That on 1.5.2004 at 10.45 PM at Rani Khera Road near Railways Phatak, Mundka, Delhi, the accused in the present case namely Anang Pal Singh obstructed the public servants / police officials namely Ct. Rajesh and Ct. Harinder in discharge of their public functions and also assaulted them in order to deter their duty. It is also alleged that the accused had hit the motorcycle of the aforesaid police officials with his Maruti Car bearing No. DL 4CH 1056 with intention to kill them and thereafter absconded after leaving the St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 1 of 26 vehicle at the spot. The accused also found in possession of three bags of white colour and eight petties (boxes) of country made liquor in his car.
Case of prosecution in brief:-
The case of the prosecution in brief is that on 2.5.2004 on receipt of DD No. 56B SI Jagmender Singh reached at Maharaja Agarsen Hospital and found Ct. Rajesh and Ct. Harinder admitted there. He collected their MLCs dated 1.5.2004 and recorded the statement of injured Ct. Rajesh who stated that on 1.5.2004 he alongwith Ct.Harinder was on patrolling duty near Mundka and at about 10.30 PM he received a secret information that illicit liquor is being brought in Maruti Car bearing No. DL 4CH 1056 from Bahadurgarh side. On receipt of the secret information he asked three four public persons to join the raiding party but none agreed and left he place. According to the complainant Ct. Rajesh, he thereafter along with Ct. Harinder started checking of the vehicles coming from the Bahadurgarh side and after some time the Maruti Car bearing No. DL 4CH 1056 came from Bahadurgarh side and they tired to stop the car, but the driver of the said car instead of stopping the car, took turn towards Rani Khera road. According to Ct. Rajesh on seeing this, he alognwith Ct. Harinder started chasing the said car in their motorcycle and when they reached parallel to the car, they asked the driver to stop the car after disclosing their identity as police officials but the driver of the car did not stop the car and hit their motorcycle on the side twice due to which they fell down on the road and sustained injuries. According to the complainant the driver of the car thereafter St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 2 of 26 stopped the car at Railway Phatak and ran away after leaving the car at the spot and he and Ct. Harinder were taken to the Maharaja Agarsen Hospital by a public person in his car. Police went to the spot of occurrence and the investigating officer inspected the car of the accused and recovered the illicit liquor from the said car. The car and the illicit liquor recovered from the car were taken into possession by the investigating officer. FIR was got registered and accused was arrested. Samples of the liquor were sent to FSL for examination. After completing the investigation, the charge sheet was filed before the court.
CHARGE:
On the basis of the allegations made in the charge sheet, charge under Section 186/353/307 Indian Penal Code and under Section 61/1/14 of Excise Act, were settled against the accused to which the accused pleaded not guilty and claimed trial.
EVIDENCE:
In order to prove its case, the prosecution has examined as many as eight witnesses:
Eye Witness / Official Witnesses:-
PW1 HC Naresh Prasad has deposed that on 2.5.2004, he was posted at police station Nangloi as duty officer from 1:00 AM (night) to 9 AM and on that day at about 3 AM, Ct. Sanjay brought rukka sent by SI Jagmender Singh on the basis of which he recorded the present FIR copy of which is Ex.PW1/A. According to the St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 3 of 26 witness, he also made endorsement upon the rukka which is Ex.PW1/B at point 'X' to 'X'. In his cross examination by Ld. defence counsel, the witness has denied the suggestion that the rukka was not brought by Sanjay or that the FIR was not recorded at the instance of investigating officer or that the entire proceedings were carried out at the police station.
PW2 Ct. Rajesh has deposed that on 1.5.2004, he was posted at Police Station Nangloi and on that day he alongwith constable Harinder were on patrolling duty in the area. According to him, they were present at village Mundka when at about 10.30 PM, he received a secret information that illicit liquor was being brought by the accused in white Maruti Car No. DL 4CH 1056. The witness has deposed that on receipt of this information, they asked three to four passersby to join the raiding party, but none agreed and left the place. Thereafter, he alongwith constable Harinder started watching the vehicles which were coming from Bahadurgarh side and in the meantime a Maruti Car bearing No. DL 4CH 1056 came from Bahadurgarh side. According to the witness, he alonwith constable Harinder gave signal to the driver to stop the car but he did not stop the car and turned the vehicle towards Rani Khera. The witness has further deposed he along with constable Harinder starting chasing the vehicle on the motorcycle and when they reached towards parallel to the car, they asked the driver i.e. the accused Anang Pal Singh to stop the vehicle and also told him that they were police officials from police station Nangloi, but the accused Anangpal Singh, instead of stopping the car, hit him (Ct. Rajesh PW2) and Ct. Harinder with the St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 4 of 26 side of the car with the intention to kill them on which they both fell down on the road along with their motorcycle. According to PW2, after some distance the car stopped at the phatak at railway crossing and accused started running after leaving the car. The witness has further deposed that in the meantime, a vehicle coming from behind took both of them to Maharaja Agarsen Hospital as they both had received injuries on various parts of bodies and their clothes were also torn when they fell down on the road after hitting by the accused. The witness has identified his signatures on his statement Ex.PW2/A. According to him, the doctor seized their clothes. The witness has correctly identified the accused and the case property i.e. clothes Ex.P1 and P2 and the Maruti Car bearing No. DL 4CH 1056 Ex.P3.
In his cross examination by Ld. defence counsel, the witness has deposed that on the date of incident he was in plain clothes. According to him the secret information was not transmitted to any senior official nor it was taken down in writing due to paucity of time. He has deposed that he was not having any wireless set on that day and has denied the suggestion that all the officials on patrolling duty are provided with wireless sets. The witness has denied the suggestion that they were chasing a Tata 407 and met with an accident with the said vehicle or that the accused who was following Tata 407 was stopped by them and was beaten. He has further denied that suggestion that he was not on duty at the relevant time or that he was not good at driving on the date of occurrence.
PW4 Ct. Harender has deposed that on 1.5.2004 he along with Ct. Rajesh were patrolling the area of Village Mundka and at St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 5 of 26 about 10:00 PM one secret informer informed that one Maruti Car bearing registration No. DL 4CH-1056 is coming from Bhadurgarh side with liquor and on this information they requested three four passersby to join the raiding party but none agreed and left the spot without telling their names and addresses. Thereafter they started checking the vehicles from Bahadurgarh side and at about 10:30 PM one maruti car bearing the aforesaid number came. According to the witness, then both of them had made the signal to stop the car but instead of stopping the car the driver took it towards Rani Khera Mor (turning), after which they started chasing the said car but the driver of the car tried to hit his car towards their motorcycle as a result they disbalanced but they continued chasing him and when reached Rani Khera railway crossing, the fatak was found closed and there also the driver of the car had hit his car to their motorcycle as a result they both fell down on the ground and sustained injuries. According to the witness after some time another maruti car came there and the car-wala took them to Maharaja Agarsen Hospital and the driver of the offending car ran away from the spot leaving his car at railway crossing. The witness has identified the accused Anang Pal as the driver of the said offending car and who had hit his car with them with an intent to kill them. The witness has deposed that they both were admitted in the hospital and were discharged on the next day. He has further deposed that Ct. Sanjay and SHO came to the spot. He along with Ct. Rajesh came to the spot with the IO and they had shown the spot to him on which the IO prepared the site plan Mark X1. The witness has also deposed that he was called in the Tihar Jail St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 6 of 26 to participate in the TIP of accused Anang Pal, but the accused had refused to participate in the same. The photographs of Maruti Car attached with the file were shown to the witness in which the witness has identified the aforesaid maruti Car Ex.P3.
In his cross examination by Ld. defence counsel, the witness has deposed that the motorcycle was being driven by Ct.Rajesh on which they both were chasing the accused and Ct. Rajesh was having driving license. The witness has denied the suggestions that their motorcycle met with an accident that is why they fell down and sustained injuries or that the the accused had not hit them with any intent tried to kill them or that the motorcycle which was being driven by Ct. Rajesh in rash and negligent manner as a result they both fell down and sustained injuries.
PW5 SI Jagmender Singh has deposed that on 1.5.2004 he was posted at police station Nangloi and on that day on the receipt of DD No. 56B vide EX PW 5/A he along with Ct. Sanjay reached at Agarsain Hospital where they found Ct.Harender and Ct.Rajesh admitted in the Maharaja Agarsain Hospital. He recorded statement of Ct. Rajesh vide Ex.PW2/A and thereafter he along with Ct. Sanjay reached at the spot i.e. railway crossing, Rani Khera Road, Mundka where they found one maruti car bearing No. DL4CH-1506 and found that the window glasses were broken. According to the witness he thereafter inspected the said car and found eight black polythenes in the dikki and the rear seat of the car and three bags in the car. On further checking he found 24 half bottles of Mastana spiced, country spirit liquor in each black polythene pani. According to the witness, St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 7 of 26 on further checking of white color three bags, one of the bag was having 100 half bottles of the aforesaid brand and two bags were found containing 100 quarter bottles of boney scot special malted whiskey in each bag. The witness has further deposed that the black pani was marked with Serial No.1 to 8 and one half bottle was separated from each black pani as sample and they were marked with serial No. 1A to 8 A, the 100 half bottles recovered by one white colored bag was marked with serial No. 9. One half bottle was also separated as sample and same was marked the serial No. 9 A and the remaining two white colored bags were marked with serial No. 10 and 11. According to the witness, two quarter bottles were also separated from each bag and were marked with serial No. 10 A and 11 A and all the liquor was sealed with the seal of JSD. The same were also sealed with the same seal. He also filled the form M-29 at the spot which is Ex.PW5/B. According to the witness the entire case property and the aforesaid maruti car was taken into possession vide seizure memo ExPW5/C and the seal after use was handed over to Ct. Sanjay. He thereafter prepared rukka Ex.PW5/D and sent the rukka to the police station for getting the case registered through Ct. Sanjay who came back to the spot with copy of FIR Ex.PW1/A and original rukka and same were handed over to him. According to the witness he thereafter got the site photographed through photographer P.K. Madaan who handed over eight photographs to him which are Ex.PW5/E1 to Ex.PW5/E8. According to the witness he traced the address of owner of Maruti car from Traffic Line and came to know that the said car was registered in the name of one Sachin who further St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 8 of 26 sold the same to Smt.Kela Devi, sister of the accused Anang Pal. He thereafter recorded the statement of Ct.Sanjay and photographer and prepared site plan vide Ex.PW5/F at the instance of Ct.Harender and deposited the case property in the malkhana. The witness has deposed that he also received the exhibits i.e. blood stained clothes of the injured Ct. Harender and Ct. Rajesh already sealed with the seal of doctor of Maharaja Agarsen Hospital from Ct. Sanjay which was also deposited in the malkhana and its seizure memo was prepared vide Ex.PW5/G bearing his signature at point A. He tried to trace the accused who could not be traced upto 20.05.2004. According to the witness, on 21.05.2004 the accused Anang Pal had surrendered before the Ld. MM. The accused was interrogated in this case and his disclosure statement was recorded vide Ex.PW5/H and thereafter the accused was arrested in this case vide memo Ex.PW5/I and personally searched vide memo Ex.PW5/J both bearing his signature at point A and the accused was sent to judicial custody. According to the witness, the accused was put for TIP in which he had refused to participate vide Ex.PW5/K and he collected the copy of TIP and same is Ex.PW5/K. The witness has deposed that in the meantime sample were sent to Excise Laboratory through some Head Constable on 17/05/2004. The police remand of accused was taken for one day and during his police remand he took the police to the spot and pointed out the place of occurrence. According to the witness, he collected the MLC of injured and the FSL result and placed on record. He also collected the sanction from ACP Sub-division concerned vide Ex.PW5/L. The witness has correctly identified the offending vehicle St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 9 of 26 i.e. maruti car Ex.P3; 11 plastic kattas of which 8 are of black colour and three are of dirty white colour, with illegible seal which the witness has identified as his own, 8 kattas are containing 24 half bottles each, remaining 3 white coloured bag are containing 100 half bottles in one bag and 100 quarter bottles each in the remaining two kattas, as recovered from the aforesaid car, which are Ex.P4 (collectively).
In his cross examination by Ld. defence counsel, the witness has deposed that they reached at the spot at about 11:30-12 night. He prepared the seizure memo of liquor and car and prepared form M-29 at the spot initially. He has admitted that the case was got registered after the case property had been seized. He left the column of FIR blank on the seizure memo and after registration of the case the number of FIR was mentioned thereon. He prepared the site plan at about 6-7 AM on 02/05/2004 at the instance of Ct. Harender. He has denied the suggestion that he prepared the site plan at the instance of Ct. Rajesh and not at the instance of Hirender. He did not take the signature of Ct. Hirender on the site plan Ex.PW5/F. The injured Ct. Harender was discharged from the hospital in the night itself and he accompanied Ct. Sanjay at the spot where he was already present on 02/05/04 when he prepared the site plan at the instance of Ct. Hirender. According to the witness, he deposited the case property in the malkhana on 02/05/04. Ct.Sanjay returned the seal back to me on the night of 02/05/04. He has denied the suggestion that the entire recovery is planted and nothing was recovered.
St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 10 of 26 PW6 Ct. Subhash has deposed that on 21.05.04 he was posted at police station Nangloi and on that day he along with SI Jagvinder Singh were present during the investigations of this case. According to him the accused Anang Pal had surrendered before the Hon'ble Court in Tis Hazari Court, and he along with investigating officer attended the court of Sh.Paramjit Singh, Ld.MM and after taking permission from Hon'ble Court, the accused Anang Pal was arrested in this case vide memo Ex.PW5/I and personally searched vide memo Ex.PW5/J both bears his signature at point B. The witness has deposed that the accused was interrogated and he made in his disclosure statement vide Ex.PW5/H. The witness has correctly identified the accused in the court.
In his cross examination by Ld. defence counsel, the witness has deposed that his statement was recorded by the IO and his signatures was taken on three documents. He has denied the suggestion that his statement was not recorded by the investigating officer in this case.
PW8 Ct. Sanjay has deposed that on 01.05.2004 he was posted at police station Nangloi and on that day he was present on his duty and on the receipt of DD No.56B he along with SI Jagminder Singh reached at Maharaja Agarsain Hospial, Punjabi Bagh, where they collected the MLC of injured Rajesh and Harender. According to the witness the investigating officer recorded the statement of Ct.Rajesh and took two parcels from the doctor and same were handed over to IO who seized the same vide seizure memo Ex.PW5/G bearing his signature at point B. He along with IO St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 11 of 26 reached at Rani Khera Railway crossing where they found one white colored Maruti Car bearing No.DL-1CH-1056 in complete the damage condition and one motorcycle. According to the witness, the car was checked and found containing liquor, and on further checking eight polythene bag containing half bottles of liquor each, three plastic bags were found containing liquor (one was having hundred half bottles of liquor and two were having hundred quarter bottles of liquor). The polythene bags were given serial No. 1-8. According to the witness, one quarter bottle, one half bottle were separated from each bag /polythene as sample. Form M-29 was filled at the spot and the entire case property was sealed with the seal of JSD and taken into possession vide seizure memo Ex.PW5/C bearing his signature at point A and the seal after used was handed over to him. He has further deposed that the investigating officer prepared rukka and he took the same to the police station and got the case registered and came back to the spot along with copy of the FIR and original rukka and same were handed over to IO. According to the witness, the SHO, Ct. Harender and photographer came at the spot and he tried to trace the accused but he could not be found. The witness has further proved that the case property was deposited in malkhana. He has identified the accused in the court. The witness has also identified the case property i.e. liquor Ex.P4 (collectively) and the maruti car has Ex.P3.
In his cross examination by Ld. defence counsel, the witness has testified that his statement was recorded at the spot, i.e., near Rani Khera Railway Crossing. He does not remember whether the motorcycle which was found stationed at the spot was also taken St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 12 of 26 into possession or not. The witness has denied the suggestion that he did not go to the spot or that the aforesaid liquor, maruti car were not taken into possession in his presence.
Medical Evidence:-
PW3 Dr. Ashish Bansal has deposed that on 1.5.2004 two persons namely Rajesh and Harinder were brought to Maharaja Agarsen Hospital at about 11 PM with the alleged history of road traffic accident being hit by a Maruti Car. According to the witness, patient Rajesh who was suffering from multiple abrasions, right shoulder, right forearm and deep abrasions on right knee was examined by Dr. Alok and he was kept under observations and later on 2.5.2004 his injuries were opined to be between simple and grievous on the MLC Ex.PW3/A bearing the signatures of Dr. Alok.
According to the witness PW3, the other patient Harinder also suffered multiple abrasions on bilateral elbow, bilateral knee and bilateral foot and his injuries were opined to be simple on the MLC Ex.PW3/B prepared by Dr. Alok. PW3 Dr. Ashish Bansal proved the MLC and correctly identified the signatures of Dr. Alok having seen him writing and signing in the official course of his duties as he has worked with him. The witness was not cross examined by the counsel for the accused.
Public witnesses:-
PW7 P. K. Madan (photographer) has deposed that on 2.5.2004 on request of the investigating officer,he reached at the spot i.e. near Mundka Railway Station, crossing and took eight photographs of the Maruti Car and the motorcycle, from different St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 13 of 26 angles which are Ex.PW5/E-1 to Ex.PW5/E-8 and the natives are Ex.PW7/A (collectively). The witness was not cross examined by the accused.
Statement of accused & Defence Evidence:-
After completing the prosecution evidence, statement of accused under Section 313 Cr.PC was recorded putting to him all the incriminating evidence and material which the accused has denied. He has stated that he was falsely implicated by the police and the case property has been planted upon him. The accused has not examined any witness in defence.
FINDINGS:
I have gone through the statements of various witnesses and also the material placed on record. I have also considered the written synopsis/ memorandum of arguments filed on behalf of accused.
Firstly, it is evident from the testimony of injured / complainant constable Rajesh (PW2) and also from the testimony of the other injured constable Harinder (PW4) that on the date of incident i.e. on 1.5.2004, they were on patrolling duty in the area of village Mundka and had received secret information that a Maruti Car would be coming from Bahadurgarh side with illicit liquor. In this regard, both these witnesses have not placed before this court any document in the form of Duty Roaster or Roznamcha to prove that they were on duty on the said date. None of the other witnesses of the prosecution have also produced the duty roaster of the said date to St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 14 of 26 show that both the injured were on official duty.
Secondly, the case of the prosecution is that the injured PW4 Ct. Rajesh had received a secret information regarding illicit liquor being brought in a Maruti Car from Bahadurgarh side after which they asked four five passersby to join the raiding party but none agreed after which they started checking the vehicle coming from Bahadurgarh side. There is nothing to show that both these witnesses had ever passed on this secret information to their senior officers or that it was recorded anywhere. The only evidence on record is the oral testimony of the injured persons.
Thirdly, it is evident that the complaint under Section 195 Cr.PC which is Ex.PW5/2 had been filed before the Ld. ACMM on 15.7.2005 in respect of the alleged incident dated 1.5.2004, which is after a delay of about fourteen months and even in the said complaint, though it has been mentioned that Ct. Rajesh and Ct. Harinder were on duty, yet the duty roaster of the said date has not been attached.
Fourthly, it is evident that the MLCs of the both the injured have been duly proved by Dr. Ashish Bansal (PW3) who has deposed that the injured were brought to the Maharaja Agarsen hospital with alleged history of road traffic accident and both of them have suffered abrasions and the injuries have been opined as simple and both the injured were discharged after initial treatment.
Fifthly, the case of the prosecution is that the accused had run away from the spot after leaving the car near the phatak and both the injured had been taken to the hospital in a vehicle which was coming from the backside. The record reveals that the accused St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 15 of 26 refused to participate in the judicial test identification parade and the explanation given by him is that he was shown to the complainant / witnesses prior to the Judicial Test Identification parade. The accused has been correctly identified by both the injured i.e. Ct. Rajesh (PW2) and Ct. Harinder (PW4) in the court.
Sixthly, the members of the investigating team examined in the court have also duly proved that the Maruti Car bearing No. DL 4CH 1056 was found at the spot in complete damaged condition and the motorcycle was lying on the road. It has been further proved that on inspection of the said car, eight black polythene in the dikki and the rear seat of the car and three bags were found, and on further checking, 24 half bottles of Mastana spiced, country spirit liquor in each black polythene pani were found. Also, on further checking of three bags of white colour, one of the bag was having 100 half bottles of the aforesaid brand and two bags were found containing 100 quarter bottles of boney scot special malted whiskey in each bag. It is also proved that one bottle was separated from each pani as a sample and were sent to FSL for examination. Therefore, the recovery of the liquor bottles from the possession of accused Anangpal Singh has been duly proved.
Seventhly, Form 5B had been duly proved in accordance with law. Further, the FSL report has also been proved. The results of analysis have been placed on record and proved which have shown positive results for Ethyl Alcohol and it has been observed that as per the analysis the samples SZD 4923 to 4931 have been confirmed to the specifications of country made liquor as laid down under the St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 16 of 26 Delhi Excise Rules except in alcohol contents and samples SZD 4923 to 4937 are according to the specifications but diluted. Further, SZD 4932 to 4933 are of whiskey.
Eighthly, the photographer P. K. Madan has been examined as PW7 who has duly proved that on 2.5.2007 he was called at the spot where he took eight photographs which are Ex.PW5/E1 to Ex.PW5/E8, which photographs show the presence of the offending Maruti Car and also the motorcycle lying at the spot showing that road traffic accident had occurred. The defence of the accused is that he has been falsely implicated in this case and Ct.Harinder and Ct. Rajesh had received injuries in a road traffic accident with Tata 407 and the said incident has been wrongly attributed to him. However, both the injured have identified the accused as the driver of the offending vehicle and the first information to the police and to the doctor show that the injured had reported that the injures were caused to them on account of road traffic accident. Had it been the case that accused had hit them with his vehicle, the injured who are police officials would have certainly mentioned this fact in DD No. 36B and also to the doctor at the Maharaja Agarsen Hospital, which is not their case.
Ninethly, the investigations have revealed that the vehicle i.e. Maruti Car bearing No. DL 4CH 1056 was registered in the name of one Sachin and had been transferred to Smt. Kela Devi the sister of the present accused Anang Pal Singh which fact has been duly proved by SI Jagmender Singh (PW5) and has not been duly controverted.
Lastly, the bottles of liquor duly recovered at the spot and St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 17 of 26 the offending vehicle have been duly identified by the witnesses and there is no reason to doubt the recovery of the same.
FINAL FINDINGS In view of my aforesaid discussions, it is evident that the accused has been duly identified by both the injured in the court. The offending vehicle i.e. Maruti Car which is ExP3, which the accused was driving and from which car the bottles of liquor which are collectively Ex.P4 have been recovered, has also been identified by the injured. The injuries on the body of the injured i.e. Ct. Rajesh and Ct. Harinder have been found to be simple and have been duly proved by Dr. Ashish Bansal (PW3) of Maharaja Agarsen Hospital. The FSL report has also been placed on record by the investigating officer which shows that the samples taken from the bottles recovered from the spot contained alcohol in many of the bottles in utter violation of the Section 51 of the Punjab Excise Act. The prosecution has however not been able to successfully prove that the injured Ct.Rajesh and Ct. Harinder were on patrolling duty on the date of incident and under these circumstances, the provisions of Section 186/353/307 Indian Penal Code, would not apply and therefore, I hereby acquit the accused Anang Pal Singh of the offence under Section 186/353/307 Indian Penal Code.
Further, it is also proved that the accused Anang Pal Singh was driving the offending vehicle i.e. Maruti Car bearing No. DL 4CH 1056 on the date of incident which vehicle belonged to his sister Smt.Kela Devi having purchased the same from one Sachin St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 18 of 26 (registered owner) and constable Rajesh and constable Harinder who were driving the Motorcycle, hit by the same on one side as a result of which they sustained simple injuries. The fact that the accused Anang Pal Singh was driving this vehicle (Maruti Car bearing No. DL 4CH 1056) in a rash and negligent manner, has been duly proved beyond doubt and it also stands conclusively established that both the injured i.e. Ct. Rajesh and Ct. Harinder sustained simple injuries when they were hit on the side by this vehicle driven by the accused. I therefore hold that accused Anang Pal Singh guilty under Section 279/337 Indian Penal Code, for rash and negligent driving and also causing hurt simple injuries to both PW2 Ct.Rajesh and PW4 Ct. Harinder.
Further, I hold that the prosecution has been successful in proving the recovery of liquor from the vehicle driven by the accused Anang Pal Singh who fled from the spot after leaving the vehicle near the Phatak. In fact the accused Anang Pal Singh is also facing trial in two other cases under Excise Act, details of which have been placed on record by the investigating officer alongwith the charge sheet. I therefore, hold the accused Anang Pal Singh guilty for the offence under Section 61/1/14 Punjab Excise Act, and accordingly convict him for the same.
Be listed for arguments on the point of sentence on 24.1.2011.
Announced in the open court (Dr. KAMINI LAU)
Dated: 14.1.2011 ASJ (NW)-II: ROHINI
St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 19 of 26
State Vs. Anang Pal Singh
PS Nangloi
FIR 370/04
14.1.2011
Present: Addl. PP for the State.
Accused is present on bail.
Vide my separate detailed judgment, the accused Anang Pal Singh is acquitted of charges under Section 186/353/307 Indian Penal Code. However, the accused is hereby held guilty of the offence under Section 279/337 Indian Penal Code and under Section 61/1/14 Punjab Excise Act.
Be listed for arguments on the point of sentence on 24.1.2011.
(Dr. Kamini Lau) ASJ/NW-II, Rohini/14.1.2011 St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 20 of 26 State Vs. Anang Pal Singh PS Nangloi FIR 370/04 24.1.2011 Present: Addl. PP for the State.
Convict is present on bail.
Vide my detailed separate order dictated and announced in the open court, the convict is sentenced as under:
1. The convict Anangpal Singh is sentenced to Rigorous Imprisonment for the period already undergone by him (i.e. one month and nine days) with fine to the tune of Rs.1,000/- for the offence under Section 279 Indian Penal Code. In default of payment of fine the convict shall undergo Simple Imprisonment for period of two weeks.
2. Further, the convict is sentenced to Rigorous Imprisonment for the period already undergone by him (i.e. one month and nine days) with compensation to the tune of Rs.30,000/- for the offence under Section 337 Indian Penal Code to be given to both the injured/ victims namely Ct. Rajesh and Ct. Harinder proportionately (i.e. Rs.15,000/- each) as compensation under Section 357 Code of Criminal Procedure. In default of payment of compensation amount the convict shall undergo Simple Imprisonment for a period of Six Months.
3. The convict Anangpal Singh is also sentenced to Rigorous Imprisonment for the period already undergone by him (i.e. one month and nine days) with fine St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 21 of 26 to the tune of Rs.5,000/- for the offence under Section 61/1/14 of Punjab Excise Act. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
All the sentences shall run concurrently. Benefit of Section 428 Cr.P.C. shall be given to the convict for the period already undergone by him during the trial.
At this stage, the convict Anang Pal Singh has brought the compensation amount of Rs.36,000/- in the court, out of which Rs.15,000/- shall be given to the injured Ct. Harender and Ct. Rajesh each and remaining Rs.6,000/- shall be apportioned to the State.
One of the injured namely Ct.Harender No. 2148/West is present in the court pursuant to the call made from the court. Ct.Harender has been handed over his part of compensation i.e. Rs.15,000/- (rupees fifteen thousand only). The other injured namely Ct. Rajesh No.2488/PCR is reported to be out of station and is reported to be in Jaipur. Ct. Harender states that he has instructions from Ct. Rajesh to receive his part of compensation amount on his behalf. Under these circumstances, the compensation amount of Rs.15,000/- (rupees fifteen thousand only) qua the injured Ct.Rajesh No. 2488 is also handed over to Ct.Harender, against proper receipt.
Copy of the judgment and order of sentence be given to the convict free of costs.
File be consigned to Record Room.
(Dr. Kamini Lau) ASJ/NW-II, Rohini/24.1.2011 St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 22 of 26 IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS JUDGE-II (NORTH-WEST): ROHINI COURTS: DELHI Session Case No. 555/2006 Unique Case ID No.: 02401R0884492005 State: Vs. Anang Pal Singh S/o Sunder Singh R/o House No. 169, Puth Kalan, Delhi FIR No.: 370/2004 Under Section: 186/353/332/307 Indian Penal Code And 61/1/14 Excise Act Police Station: Nangloi Date of Conviction: 14.1.2011 Arguments heard on: 24.1.2011 Date of Sentence: 24.1.2011 APPEARANCE:
Present: Sh. Taufiq Ahmed, Addl. PP for the State.
Convict Anangpal Singh in person with Sh. S.K. Singh Advocate.
ORDER ON SENTENCE:
Vide my separate detailed judgment dated 14.1.2011, the accused Anangpal Singh has been held guilty of the offence under Section 279/337 Indian Penal Code and Section 61/1/14 of Punjab Excise Act and convicted him accordingly. He has been acquitted of St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 23 of 26 the charges under Section 186/353/307 Indian Penal Code.
The case of the prosecution is that on 1.5.2004 the accused Anangpal Singh obstructed the public servants/ police officials namely Ct. Rajesh and Ct. Harinder in discharge of their public functions and also assaulted them in order to deter their duty. Further, it is alleged that the accused had hit the motorcycle of the aforesaid police officials with his Maruti Car bearing No. DL-4CH- 1056 with intention to kill them and thereafter absconded after leaving the vehicle at the spot. The accused was also found in possession of three bags of white colour and eight petties (boxes) of country made liquor in his car. On the basis of the testimonies of injured Ct. Rajesh and Ct. Harinder and evidence adduced by the prosecution, this court has held the accused Anangpal Singh guilty of the offence under Sections 279/337 Indian Penal Code and Sections 61/1/14 of Punjab Excise Act and convict him accordingly. However, the accused has been acquitted of the charges under Section 186/353/307 Indian Penal Code.
I have heard arguments on the point of sentence. Ld. Counsel appearing on behalf of the convict requests that a lenient view be taken against the convict keeping in view the fact that he is the sole bread earner of his family. On the other hand, Ld. Addl. PP for the State has argued that a strict punishment be awarded to the convict keeping in view the allegations involved.
I have considered the rival contentions. The convict is aged about 42 years having a family comprising of aged widow mother, wife, one son and one daughter. He is ninth class pass and is St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 24 of 26 a driver by profession. The convict is also involved in two other cases under Excise Act bearing FIR No.88/03, under Section 61/1/14 Excise Act, Police Station Nangloi and FIR No.230/04, under Section 78/61/1/14 Excise Act, Police Station Samaypur Badli and has already remained in judicial custody for about one month and nine days. Keeping in view the fact that the convict Anangpal Singh is the sole bread earner of his family and also that he has not been convicted in any other cases so far, a lenient view is taken against him. I hereby award the following sentences to the convict:
1.The convict Anangpal Singh is sentenced to Rigorous Imprisonment for the period already undergone by him (i.e. one month and nine days) with fine to the tune of Rs.1,000/-
for the offence under Section 279 Indian Penal Code. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of two weeks.
2.Further, the convict is sentenced to Rigorous Imprisonment for the period already undergone by him (i.e. one month and nine days) with compensation to the tune of Rs.30,000/- for the offence under Section 337 Indian Penal Code to be given to both the injured/ victims namely Ct. Rajesh and Ct. Harinder proportionately (i.e. Rs.15,000/- each) as compensation under Section 357 Code of Criminal Procedure. In default of payment of compensation amount the convict shall undergo Simple Imprisonment for a period of Six Months.
3.The convict Anangpal Singh is also sentenced to Rigorous St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 25 of 26 Imprisonment for the period already undergone by him (i.e. one month and nine days) with fine to the tune of Rs.5,000/- for the offence under Section 61/1/14 of Punjab Excise Act. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
All the sentences shall run concurrently. Benefit of Section 428 Cr.P.C. shall be given to the convict for the period already undergone by him during the trial.
The convict is informed that he has a right to prefer an appeal against this judgment. He has been apprised that in case he cannot afford to engage an advocate, he can approach the Legal Aid Cell, functioning in Tihar Jail or write to the Secretary, Delhi High Court Legal Services Committee, 34-37, Lawyers Chamber Block, High Court of Delhi, New Delhi.
Copy of the judgment and order of sentence be given to the convict free of costs.
File be consigned to Record Room.
Announced in the open court (Dr. KAMINI LAU) Dated: 24.1.2011 ASJ-II(NW)/ ROHINI St. Vs. Anangpal Singh, FIR No. 370/04, PS Nangloi Page No. 26 of 26