Delhi District Court
State vs . Subhash on 26 August, 2011
IN THE COURT OF SH. DEEPAK SHERAWAT
METROPOLITAN MAGISTRATE, SOUTH DISTRICT
SAKET COURTS, NEW DELHI
FIR No. 105/2010
P.S. Malviya Nagar
U/s. 25 Arms Act
State Vs. SUBHASH
JUDGMENT :
a. Sl. No. of the case : 105/2
b. Date of Institution : 05.05.2010
c. Date of Commission of Offence : 07.03.2010
d. Name of the complainant : Ct. Ritesh Kumar, No. 1758/SD
e. Name of the accused and his : SUBHASH
parentage and address S/o Sh. Algu Yadav
R/o VPO Dumra, PS Bhoj Pur, ,
Distt. Baxar (Bihar).
f. Offence complained of : U/s. 25 Arms Act
g. Plea of the accused : Pleaded not guilty
h. Order reserved : 26.08.2011
i. Final Order : Convicted
j. Date of such order : 26.08.2011
1. The accused in this case was sent up for trial for the commission of offence U/s. 25 Arms Act.
FIR no. 105/2010 Page 1 of 9 PS Malviya Nagar
2. The facts in brief are that on 7.03.2010 while Ct. Ritesh Kumar was on patrolling duty along with Ct. Jai Kumar and reached Hitesh Mehta Park at about 2.45 pm they saw one person sitting in the park in suspicious condition and on his search one loaded country made pistol and one live cartridge were recovered from his possession so he informed the PS on which HCt. Sukhvinder came at the spot and present case FIR no. 105/2010 was got registered in PS Malviya Nagar. During the investigation site plan was prepared. Statement of witnesses were recorded. Accused was arrested and after completing the other formal investigation, the challan was presented before the court for trial.
3. A prima facie offence having been made out against the accused, charge was framed against him on 19.05.2010 u/s. 25 Arms Act to which he pleaded not guilty and claimed trial.
4. To prove its case against the accused, the prosecution has produced and examined 9 witnesses i.e. HCt. Surender Kumar as PW1, Ct. Ritesh Kumar as PW 2, HCt. Netrapal as PW3, HCt. Sudhir Kumar PW4, V R Anand as PW5, Ct. Jai Kumar as PW6, Ct. Raj Kumar as PW7, Vijay Singh as PW8 and HCt. Sukhvinder Singh as PW9.
5. PW 1 HCt. Surender Kumar has testified that on 7.03.2010 on receipt of rukka through Ct. Jai Kumar he recorded present case FIR Ex.PW1/A and put his FIR no. 105/2010 Page 2 of 9 PS Malviya Nagar endorsement on rukka vide Ex.PW1/B. Accused did not prefer to cross examine this witness.
6. PW2 Ct. Ritesh Kumar has testified that on 7.3.2010 he along with Ct. Jai Kumar were on patrolling duty and when they reached at Hitesh Mehta Park at about 2.45 pm they saw that one person was sitting in the park in suspicious condition so they reached to that person and on his cursory search one loaded country made pistol from his left dhub and one live cartridge from his right pocket of pant were recovered. He informed at PS through phone and HCt. Sukhvinder came to the spot at about 3.30 pm and they handed over the accused along with recovered country made pistol to the IO who recorded his statement Ex.PW2/A. IO made sketch of country made pistol as well as cartridge and also measured the same, total length of country made pistol was 19.5 cm, barrel was 9.5 cm and length of operative portion was 9.5 cm and butt (dasta) was 12.5 cm, total length of each cartridge was 7.7 cm. The sketch is Ex.PW2/B. He further testified that pullanda of case property was prepared, FSL form was filled and and both sealed with the seal of SS, seal after use was given to Ct. Jai Prakash. Case property was taken into possession and seized vide memo E.xPW2/C. IO prepared rukka and got the case registered through Ct. Jai Prakash. IO prepared the site plan Ex.PW2/D. The motorcycle bearing no. DL 7SAX 2496 by which accused came to the park was also seized vide memo Ex.PW2/E. Accused was arrested and his personal search was conducted vide memo Ex.PW2/F and G. IO recorded his supplementary statement and case property was deposited in the FIR no. 105/2010 Page 3 of 9 PS Malviya Nagar malkhana by the IO. Case property i.e. one country made pistol and one live cartridge and one empty cartridge were produced and identified by the witness as Ex.P1, P2 and P3 respectively.
Accused did not prefer to cross examine this witness.
7. PW3 HCt. Netrapal has testified that on 15.4.2010 he was Malkhana Moharrar and he handed over a sealed pullanda to Ct. Raj Kumar to deposit it in FSL Rohini on direction of IO/HC Sukhvinder, relevant entry in register no.21 vide RC no. 33/21 is Ex.PW3/A. Accused did not prefer to cross examine this witness.
8. PW4 HCt. Sudhir Kumar has testified that on 7.03.2010 he made DD entry no. 21B vide which Ct. Jai Kumar and Ct. Ritesh went for patrolling duty, copy of same is Ex.PW4/A and at about 3.10 pm he received call from Ct. Ritesh that they had apprehended one person having loaded katta and live cartridges and he recorded DD no. 24B, copy of which is Ex.PW4/B and he handed over copy of DD no.24B to HCt. Sukhvinder for necessary action.
Accused did not prefer to cross examine this witness.
9. PW5 V. R. Anand has testified that on 15.4.2010 he received sealed parcle with the seal of SS in his office which found containing one country made pistol .315 inch bore and two 8 mm/.315 inch cartridges same were marked as F1,A1 FIR no. 105/2010 Page 4 of 9 PS Malviya Nagar and A2 and after conducting the test he gave his report Ex.PW5/A. Accused did not prefer to cross examine this witness.
10. PW6 Ct. Jai Kumar has testified that 7.3.2010 he along with Ct. Ritesh were on petrolling and at about 2.45 pm when they reached near Hitesh Mehta Park, Malviya Nagar, they saw one person sitting in suspicious manner in the park, on which they apprehended him and on his formal search one loaded country made pistol was recovered from left dhub of his pant and one live cartridge was recovered from right pocket of his pant. Ct. Ritesh made telephone to DO at PS on which HCt. Sukhvinder reached the spot at around 3.30 pm and they handed over the accused along with country made pistol, live cartridge to him. He further testified that country made pistol was opened and one live cartridge was found loaded which was taken out. Total length of country made pistol was 19.5 cm, barrel 9.5 cm. Other parts of country made pistol was measured, there was spring dar button by which country made pistol was loaded or unloaded, dasta was made of woodstick. Sketch of country made pistol and cartridges is Ex.PW2/B, case property was kept in cloth pullinda and sealed with the seal of SS and were taken into possession vide memo Ex.PW2/C, thereafter seal was handed over to him. One motorcycle no. DL 7SAX 2496 Black color Splendour was recovered at the instance of accused which was parked outside the park, same was taken into possession vide memo Ex.PW2/E, bear my signatures at point B. IO recorded the statement of Ct. Ritesh Kr. on which he prepared rukka and got the case FIR registered through him. Accused was personally searched and FIR no. 105/2010 Page 5 of 9 PS Malviya Nagar arrested vide memo Ex.PW2/F and G. Accused was interrogated and his disclosure statement Ex.PW6/A was recorded. His statement was recorded by the IO. PW6 identified the country made pistol as Ex.P1, empty cartridge Ex.P2 and live cartridge as Ex.P3.
Accused did not prefer to cross examine this witness.
11. PW7 Ct. Raj Kumar has testified that on 15.4.2010 he took the sealed pullanda in the present case vide R/C no. 33/21 and deposited the same at FSL Rohini and received copy was handed over to MHC(M).
Accused did not prefer to cross examine this witness.
12. PW8 Vijay Singh has testified that on 10.8.2010 statement of witnesses , report of ballistics, documents of present case including seizure memo etc. were placed before him with case diary u/s. 172 Cr.P.C. and after going through the same he gave permission u/s. 39 Arms Act Ex.PW8/A. Accused did not prefer to cross examine this witness.
13. PW9 HCt. Sukhvinder Singh has testified that on 7.03.10 on receipt of DD no. 24B he reached at Hitesh Mehta Park where he met with Ct. Jai, Ct. Ritesh who handed over accused, one loaded country made pistol and one live cartridge to him. He recorded the statement of Ct. Ritesh Ex.PW2/A. Total length of katta was 19.5 cm, length nal was 9.5 cm, length of the cartridge were 2.7 from sikka side and FIR no. 105/2010 Page 6 of 9 PS Malviya Nagar remaining was 5 cm. Sketch of case property is Ex.PW2/B. Case property was sealed with the seal of SS and seized vide memo Ex.PW2/C. I prepared the tehrir Ex.PW9/A and Ct. Jai Kumar got the case registered. Motorcycle which was pointed out by accused was also seized vide memo Ex.PW2/E. Accused was arrested and his personal search was conducted vide memo Ex.PW2/F and G. He recorded disclosure statement of accused Ex.PW6/A. He also prepared site plan Ex.PW2/D. Form FSL was also filled up. Case property was also sent to FSL and chargesheet was filed. Later on FSL report was collected and sanction u/s. 39 Arms Act was also obtained and supplementary chargesheet was filed. PW9 identified the country made pistol and two cartridges Ex.P1 collectively.
Accused did not prefer to cross examine this witness.
14. After closing of prosecution evidence, statement of accused was recorded U/s 313 r/w. 281 of Code of Criminal Procedure Code, 1973. In his statement, accused denied to have committed the offence and claimed to have been falsely implicated in this case.
15. In this case, the prosecution is required to establish beyond reasonable doubt that the accused was in possession of the arms without any valid license. All the witnesses produced by the prosecution are police officials. All of them have supported the prosecution version.
FIR no. 105/2010 Page 7 of 9 PS Malviya Nagar
16. In the present case, PW1 recorded the present case FIR Ex.PW1/A and PW3 is Malkhana Moharrar who handed over the case property to Ct. Raj Kumar/PW7 for depositing the same to FSL Rohini vide R/C Ex.PW3/A and PW4 has proved the DD entry no. 21 B Ex.PW4/A vide which Ct. Ritesh/PW2 and Ct. Jai Kumar/PW6 went for patrolling and also DD no. 24 B Ex.PW4/B vide which HCt. Sukhvinder/PW9 reached the spot after registration of case FIR. PW5 is Ballistic Expert who proved his report Ex.PW5/A and PW7 deposited the case property to FSL Rohini. PW8 gave the sanction u/s. 39 Arms Act for prosecution of accused in the present case.
17. Further, PW2 and PW6 are the material witnesses of the recovery of the loaded country made pistol and live cartridge from the possession of accused and PW9 is the IO who reached the spot after recovery of buttondar knife and did all the documentary work at the spot. The testimonies of PW2 and PW6 have been well corroborated with each other in regard that the accused was apprehended by them alongwith loaded country made pistol and live cartridge so accused was arrested by PW9 after the registration of the case FIR. The evidence of the material witnesses in this case is very cogent and reliable. There is no reason whatsoever to disbelieve their versions. None of the prosecution witnesses have been cross examined by the accused to make any dent into the prosecution story and discredit their testimonies. Further accused also failed to explain why police implicated him falsely in this case. Accused has contended that all the witnesses to recovery and arrest are police officials and FIR no. 105/2010 Page 8 of 9 PS Malviya Nagar therefore their testimonies are not reliable and are not sufficient to prove his guilt. The contentions of accused are not sustainable in view of the judgment of Delhi High Court tited as Jawahar Vs. The State 2007 (4) R.C.R. (Criminal) 336 wherein it has been held that "police witnesses are equally good witnesses and equally bad witnesses as any other witness and the testimony of police witnesses cannot be rejected on the ground that they are official witnesses". This view is further supported by Judgment of Hon'ble Supreme Court titled as Rakesh Kumar Sachdeva V. State (SC) 1995 SCC (Cri.) 189. Thus, there is sufficient corroborating evidence on record which makes the prosecution story credible and trustworthy. 18 In view of above, I am of the considered opinion that prosecution has successfully been able to prove its case beyond reasonable doubt. Hence, accused Subhash is held guilty and convicted accordingly for the offence punishable u/s 25 of Arms Act.
Announced in the Open Court (DEEPAK SHERAWAT)
On this 26th Day of August, 2011 Metropolitan Magistrate
South District/Saket Courts/New Delhi
FIR no. 105/2010 Page 9 of 9
PS Malviya Nagar