Delhi District Court
Sc No.56366/16 State vs Ranjeet Singh Etc. Page No.1 Of 29 on 19 January, 2017
IN THE COURT OF SH. NARESH KUMAR MALHOTRA, ADDITIONAL
SESSIONS JUDGE05, WEST, TIS HAZARI COURTS, DELHI.
IN THE MATTER OF
SESSIONS CASE NO.56366/16
FIR NO. 219/09
P.S. Khyala
U/S 307/353/186/34 IPC and 25/27/54/59 A.Act
STATE
VERSUS
(1) RANJEET SINGH
S/O SH.NAHAR SINGH
R/O R17A, RAGHUBIR NAGAR,
NEW DELHI.
(2) PARVEEN
S/O LATE CHARAN SINGH
R/O 2/17, GUDAR BASTI, ARYA PURA,
SUBZI MANDI,
DELHI.
(3) JOGINDER @ JOGA @ VIJAY
S/O SH.FAKIR CHAND
R/O D162, DDA FLATS,
KALKAJI, NEW DELHI
ALSO AT : RZ195, GALI NO.17,
TARA APARTMENT, KALKAJI,
DELHI.
DATE OF INSTITUTION : 04.06.2010
DATE OF RESERVING THE ORDER : 18.01.2017
DATE OF DECISION : 19.01.2017
JUDGEMENT
SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.1 of 29
1. In brief the case of the prosecution is that on 31.10.2009 on receipt of DD no. 16A, SI Sita Ram alongwith Ct.Rajpal went at I108, Kirti Nagar, near Godrej Showroom, where SHO alongwith Ct.Rajesh was present. One white colour Car bearing no. DL4CH6707 was found stationed there and its front land screen and front left side window glass were found broken. Statement of Ct.Rajesh was recorded wherein he has stated that on 31.10.2009 at about 08:00 AM, he was going to his duty to PS Khyala on his motorcycle bearing no. DL4SBJ7979. At about 08:45 AM, when he reached at C Block, Raghubir Nagar, in front of "खखडडडयय", he saw one white colour Maruti Zen Car bearing no. DL 4CH6707 was found stationed in start condition. Two persons were sitting on the front seats and one person was standing by covering himself with 'Shawl', near the front door of the Car. Having suspicion, he stopped his motorcycle and the person who was wearing 'Shawl' turned around and he recognized him as Ranjeet Singh, who was wanted in murder case. Ranjeet Singh at once sat in the Car and driver of the car fled the Car. He followed the Car and then Ranjeet Singh has fired from his country made pistol. Ct.Rajesh saved himself and continued to follow the Car. When the Car crossed the PS Khyala, he asked Ct.Jai Prakash to sit on the back seat of the motorcycle and he kept on chasing the Car. The person who was sitting near the driver seat again fired second shot towards him but he managed to duck the fire. Thereafter, he gave his mobile phone to Ct.Jai Prakash and asked him to intimate the SHO and Sr.police officers. While following the Car, he met PCR officials at Maya Puri Chowk and asked them to follow SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.2 of 29 the Zen Car but the Zen Car managed to flee. He has further stated that he can identify the accused Ranjeet Singh who had fired upon him and his other associates.
2. On the statement of the complainant Ct.Rajesh, FIR no.219/09, PS Khyala, u/s 307/353/186/34 IPC and 27/54/59 A.Act IPC has been registered against the accused persons and investigation was carried out.
3. During investigation, Site plans of the places where the accused persons were allegedly fired shots and where the Car was found parked, were prepared. The Maruti Zen Car was taken into possession. Seizure memos of the Car, iron Pipe and Spectacles were prepared. During investigation, accused Ranjeet Singh was arrested on 18.03.2010. His supplementary statement was recorded. After completion of investigation, chargesheet U/s 307/353/186/34 IPC and 27/54/59 A.Act against the accused Ranjeet Singh was filed before the Court. Thereafter accused Praveen was arrested 21.05.2010 and lateron accused Joginder @ Joga was arrested on 28.02.2011 and Supplementary chargesheets were filed against them.
4. Thereafter, the case was committed to the Court of Sessions. Charge U/s 353/186/307/34 IPC was framed against the accused Ranjeet & Praveen and Charge for the offence U/s 25/27 A.Act has been framed against accused Ranjeet on 16.11.2010 by my Ld.Presiding Officer to which they pleaded not guilty and claimed trial. Thereafter, Charge for the offence punishable U/s 353/186/307/34 IPC and 174A IPC has been framed against accused Joginder @ Joga by my ld.Predecessor on 06.02.2012 to which he pleaded not guilty and claimed trial.
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5. To prove its case, the prosecution in total has examined 32 witnesses i.e. PW1 Ct.Raj Pal, PW2 HC Satyabir Singh, PW3 Ct.Anil Kumar, PW4 W/ASI Nirmala, PW5 HC Ran Singh, PW6 W/ASI Maya Devi, PW7 Ct.Rajesh Kumar, PW8 ASI Rajender Singh, PW9 SI Tarsem Kumar, PW10 SI Gurdeep Singh, PW11 HC Ajay Kumar, PW12 Shiv Chander Malhotra, PW13 Sh.Ram Swaroop, PW14 Sh.Sharad Aggarwal, PW15 HC Anil Kumar, PW16 Sh.Vijay Kumar, PW17 HC Kailash Chand Sharma, PW18 SI Hans Raj, PW19 Ct.Jai Prakash, PW20 ASI Ram Kishore, PW21 HC Mahavir Singh, PW22 Sh.Subhash Arora, PW23 HC Satbir Singh, PW24 Ct.Vikas, PW25 W/Ct.Sarita, PW26 ASI Rameshwar, PW27 ASI Yashpal, PW28 Ct.Mahavir, PW29 Insp.Raj Kumar, PW30 Ct.Vijay Kumar, PW31 Ms.Sugandha Aggarwal and PW32 SI Sita Ram.
6. PW1 Ct.Raj Pal has deposed that on 31.10.2009, on receiving DD no. 16A Ex.PW1/A, he alongwith SI Sita Ram reached at I108, Kirti Nagar, Delhi, where SHO alongwith HC Jai Prakash, Ct.Rajesh, ASI Ram Kishore of PS Kirti Nagar met them. He has further stated that IO recorded statement of Ct.Rajesh and handedover him the rukka for getting the FIR registration. He has further stated that after registration of the FIR, he came back to the spot and handedover the same to IO/SI Sita Ram. He has further stated that the Maruti Zen no. DL4CH6707 which was found on the spot was brought by him at the PS on the directions of IO. This witness has identified the photographs of Maruti Car as Mark 1 to 10. This witness was again examined on 14.05.2012 after the arrest of coaccused Joginder @ Joga @ Vijay wherein he has deposed the same facts as deposed by him on 16.12.2010 before the SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.4 of 29 Court.
7. PW2 HC Satyabir Singh has deposed that on 31.10.2009, at about 09:15 AM, he was present at Ring Road as Power21 used to base at that place, two police officials came on motorcycle namely Ct.Rajesh of PS Khyala and disclosed that one Maruti Zen of white colour no. DL 4CM6707 from which the bullet was fired on him and had taken that Zen towards Naraina side. He has further deposed that they tried to trace that white colour Zen but it could not be found. They informed in their control room regarding the abovesaid information. He has further deposed that he also received an information from the SHO of PS Khyala regarding the bullet fired from that Zen on Ct.Rajesh. He received a call at about 09:38 AM from the Control room that one Maruti Zen of white colour bearing no. DL4CM6707 having broken glasses was found at I108, Kirti Nagar, near Godrej showroom which was left by some boys. They reached at the spot and found the abovesaid Car parked there and the glasses were broken. This witness has further deposed that they came to know that 3 boys who were having revolvers had run away towards railway track. This witness has further stated that IO/ASI Ram Kishan reached at the spot and additional SHO of PS Khyala also reached there and the said car was handedover to them. This witness has identified the photographs of the Car as Mark 1 to 10. This witness was again examined on 14.05.2012 after the arrest of coaccused Joginder @ Joga @ Vijay, wherein he has deposed the same facts as deposed by him on 16.12.2010 before the Court.
8. PW3 Ct.Anil Kumar has deposed that on 31.10.2009, he alongwith the SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.5 of 29 crime team reached at the spot I.e.I108, Kirti Nagar, Delhi and on the instructions of IO, he had taken the photographs of the spot. He has further deposed that finger prints proficient Ct.Anil had taken the six chance prints from the Car no. DL4CH6707. This witness has identified the photographs of the spot as Ex.PW3/9 to Ex.PW3/16 and negatives as Ex. PW3/1 to Ex. PW3/8. This witness was again examined on 14.05.2012 after the arrest of coaccused Joginder @ Joga @ Vijay, wherein he has deposed the same facts as deposed by him on 23.04.2011 before the Court.
9. PW4 W/ASI Nirmala has proved the carbon copy of FIR as Ex.PW4/A and his endorsement on the rukka as Ex.PW4/B. He has further deposed that DD no. 18 was recorded in the roznamcha as Kaymi of the FIR which is proved as Ex.PW4/C. On receiving the information, he recorded the DD no. 16 in the roznamcha and true copy of the same is proved as Ex.PW1/A. He has also proved the DD no.12 as Ex.PW4/D. This witness was again examined on 14.05.2012 after the arrest of co accused Joginder @ Joga @ Vijay, wherein he has deposed the same facts as deposed by him on 10.08.2011 before the Court.
10.PW5 HC Ran Singh has proved the entry no. 527, recorded in register no. 19 Ex.PW5/A, regarding deposition of one Maruti Zen Car, one Iron Pipe, one Iron tool and one pair of spectacles by SI Sita Ram on 31.10.2009. He has further deposed that on 27.11.2009 the abovesaid car was released to one Sh.Dharmender Rana and entry of the same was made by him at point A on Ex.PW5/A. He has also proved the entry no. 551, recorded in register no. 19 as Ex. PW5/B regarding deposition of two number plates of the Car alongiwth the copy of SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.6 of 29 seizure memo by SI Sita Ram on 27.11.2009.
11.PW6 W/ASI Maya Devi has deposed that on 31.10.2009, at 09:42 AM, he recorded DD no. 12A, true copy of which is proved as Ex. PW6/A.
12.PW7 Ct.Rajesh has deposed that on 31.10.2009, at about 08:00 AM, he was going to PS Khyala from his residence. He was on his motorcycle no. DL4SBJ7979. At about 08:45 AM, he noticed one Maruti Zen white Colour Car bearing no. DL4CH6707 stationed at C Block, Raghuvir Nagar, near Khuddiyan (meant for keeping pigs). He has further deposed that one boy having wrapped a Shawl was standing near the said Maruti Zen Car and he could identify him as Ranjeet since he was involved in one murder case of PS Rajouri Garden. He has further stated that two other persons were also sitting in the car on the front seats and as soon as accused Ranjeet saw him on his motorcycle, he immediately sat in the same car and drove away the said car. After a little distance, accused Ranjeet fired at him from the window of the Car as he was chasing the Car on his motorcycle. He has further stated that he could save himself and that fired shot crossed above his head. He continue to chase the abovesaid Car and when the car reached near PS Khyala, one Ct.Jai Prakash who was standing at the gate of PS Khyala was asked by him to sit on his motorcycle and thereafter, they both started the chasing the abovesaid car on his motorcycle. He has further deposed that when car reached at Gaonwala Chowk, Raghubir Nagar, the boy sitting on the front seat beside the driver fired at them from the window of the Car. This fired shot was also missed and they could save themselves. Thereafter, the boys started driving the car towards ring road, although they were SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.7 of 29 chasing the same but at Ring Road, they could not find the Car and they managed to run away from there. He has further deposed that he asked Ct.Jai Prakash to inform the SHO, PS Khyala regarding the incident and he was driving the motorcycle and Ct.jai Prakash who was sitting as a pillion rider informed the SHO through telephone regarding the entire incident. This witness has further deposed that on the same Ring Road, a little distance before Maya Puri Chowk, they noticed one PCR Van and they informed the incident to the PCR officials. Thereafter, they alongwith the PCR officials made efforts to locate the abovesaid Car but they could not find it.
This witness has further deposed thereafter, after sometime, there was a PCR Call that the abovesaid Maruti Car bearing No.DL 4CH6707 was lying abandoned in the area of PS Kirti Nagar. The said call was marked to SI Sita Ram who met them on the way at Ring Road and thereafter, he alongwith Ct.Jai Prakash and SI Sita Ram reached the place where the Car was parked in the area of PS Kirti Nagar. There they found the abovesaid car near Showroom I108, Kirti Nagar and he could identify the said car which was being chased by them. He has further deposed that in the meanwhile, ASI Ram Kishore from PS Kirti Nagar also reached there. SHO of PS Khyala and crime team reached at the spot. The spot was inspected by the crime team. Finger prints were lifted from Maruti Zen Car number DL4CH6707. He has further deposed that SI Sita Ram recorded his statement which is proved as Ex.PW7/A. Rukka was prepared and same was handedover to Ct.Raj Pal for getting the case registered. This witness has proved the seizure memos of the abovesaid Car alongwith one iron pipe and one SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.8 of 29 iron tool lying in the car as Ex.PW7/B, that of one Spectacles lying inside the Car as Ex.PW7/C. He has further deposed that thereafter he alongwith Ct.Jai Prakash and SI Sita Ram went to Gaon Wala Chowk, Raghubir Nagar where IO prepared site plan Mark X at his instance. This witness has further deposed that SI Sita Ram had also prepared Site plan of the place where car number DL4CH6707 was parked in the area of Kirti Nagar which is proved as Mark X/1. On the same day, IO/SI Sita Ram prepared site plan of the place in C Block, Raghubir Nagar near Khuddi (Shelter for Pigs) where accused Ranjeet had fired on him and the same is proved as Mark X/2.
This witness has further deposed that on 18.03.2010, he alongwith ASI Shubh Ram, SI Ramesh, HC Jai Prakash, HC Ajay Kumar and Ct.Pradeep Kumar were on patrolling duty in the area of B3 Block, Raghubir Nagar. At about 05:00 PM, the secret informer met ASI Shubh Ram and informed him that one boy involved in a murder case of PS Rajouri Garden was absconding who would come from the side of Kesho Pur Depot, if efforts are made, he could be apprehended. He has further deposed that at about 05:20 PM, one boy riding a motorcycle came from the side of Kesho Pur Depot and on seeing the barricades that boy got nervous and tried to turn back his motorcycle to run away from there but his motorcycle slipped and that boy fell down alongwith the motorcycle. When he tried to apprehend him, he took out a katta from his left side and fired at him but he was escaped the shot went above his head. He has further deposed that he fell down but HC Jai Prakash and HC Ajay Kumar who were standing behind him could over power that boy was brought to Ganda Nala picket and his name was SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.9 of 29 revealed as Ranjeet.
This witness has further deposed that upon search of accused Ranjeet, nine live cartridges were recovered from right pocket of his trouser. The dessi Katta recovered from accused Ranjeet was checked and one empty cartridge was found inside the barrel of dessi Katta. The sketch of dessi Katta was prepared and same was taken into cloth parcel, sealed the same with the seal of SRC and seized by ASI Shubh Ram. The sketch of nine live cartridge was prepared, sealed it with the seal of SRC and seized by ASI Shubh Ram. Thereafter, ASI Shubh Ram recorded his statement, prepared rukka and handedover the same to HC Ajay Kumar for getting the case registered. This witness has identified the Car as Ex.P.1 and its photographs as Ex.PW3/9 to Ex.PW3/16.
13.PW8 ASI Rajender Singh has proved the computerized copy of FIR no. 264/09 U/s 379 IPC as Ex.PW8/A.
14.PW9 SI Tarsem Kumar has proved the computerized copy of FIR no. 172/09 U/s 379 IPC as Ex. PW9/A.
15.PW10 Retired SI Gurdeep Singh has deposed that on 18.03.2010, he arrested the accused Ranjeet Singh in case FIR no.45/10 PS Khyala. This witness has proved the photocopy of disclosure statement of accused Ranjeet Singh as Ex.PW10/A. He has further deposed that in the disclosure statement, accused Ranjeet Singh has disclosed about his involvement in the present case and he informed Insp.Raj Kumar about the same and he came at the spot alongwith staff and arrested the accused Ranjeet Singh in the present case. He has further deposed that he gave photocopy of the disclosure statement to the IO alongwith the SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.10 of 29 copy of FIR no. 45/10 and copy of seizure memo of country made pistol and nine live cartridges.
16.PW11 HC Ajay Kumar has deposed that on 18.03.2010, accused Ranjeet Singh was arrested in case FIR no. 45/10 of PS Khyala and he made disclosure statement in that case. This witness has proved the photocopy of disclosure statement of accused Ranjeet Singh as Ex. PW 10/A. He has further deposed that in his disclosure statement, accused Ranjeet Singh had disclosed about his involvement in the present case. SI Gurdeep informed the IO of the present case about the arrest, recovery of country made pistol, nine live cartridges and the disclosure statement of the accused. This witness has proved the seizure memo of country made pistol and 9 live cartridges as Ex.PW9/A and sketches of the same as Ex.PW11/B and Ex.PW11/C. Thereafter, Insp.Raj Kumar came at the spot and arrested the accused Ranjeet Singh in the present case. Thereafter, accused Ranjeet Singh led the police party to C Block Khuddi, where he had pointed out the same as the place from where Ct.Rajesh started following him. Thereafter, accused pointed out Gaon Wala Chowk and I Block, Kirti Nagar. This witness has proved the Pointing out memo of the said places as Ex. PW11/D. This witness has identified the case property I.e.country made pistol & one fired cartridge case as Ex.P.2 (Colly.) and nine cartridge, out of which four were live and five were test fired as Ex.P.3(Colly.).
17.PW12 Sh.Shiv Chander Malhotra has deposed that on 31.10.2009, at abut 09:40 AM, he made a call at 100 number through his land line no. 25439154 and informed that Maruti Zen Car bearing no. DL4CH6706 has been parked in front of the gate of his house by someone.
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18.PW13 Sh.Ram Swaroop Sharma has deposed that abut 45 years ago, he was washing his auto in front of his house on the road in the morning hours and saw one cycle falling on his auto and he asked what the matter is. He told him that he had been hit by one Maruti and he (this witness) saw one white colour Maruti Car going and he also heard the noise of firing. This witness has further stated that he did not notice the number of Maruti Car.
19.PW14 Sh.Sharad Aggarwal has deposed that on 12.05.2010, he accorded his consent for filing the complaint U/s 195 Cr.P.C. against accused Ranjeet Singh and the same is proved as Ex.PW14/A.
20.PW15 HC Anil Kumar has deposed that on 31.10.2009, he alongwith crime team members went to the spot at I108, Kirti Nagar in front of LIC Office and on the directions of Incharge Crime Team, he lifted six chance prints and developed the same. This witness has proved his report as Ex.PW15/A.
21.PW16 Sh.Vijay Kumar has deposed that on 26.10.2009, his car make Maruti Zen bearing no. DL8CE7051 was stolen from near his house and he lodged his complaint in this regard in PS Sabzi Mandi and FIR was also registered. He has further stated that on 31.10.2009, he received a telephonic call from PS Sabzi Mandi that his abovesaid car has been recovered in the area of PS Khyala. Thereafter, he went to PS Khyala and identified his car which was parked in the PS Khyala. The number plate of the Car had been changed and it has number as DL 4CH6707. This witness has proved the RC of the abovesaid Car as Ex.PW16/A, Superdaginama of the said Car as Ex.PW16/B and seizure memo of its forged number plate as Ex.PW16/C. SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.12 of 29
22.PW17 HC Kailash Chand Sharma has proved the computerized copy of FIR no. 45/10 U/s 186/353/307 IPC and 25/27/54/59 A.Act as Ex.PW 17/A. He has further deposed that he made an endorsement at on the rukka regarding the registration of the FIR vide DD no. 36A.
23.PW18 SI Hans Raj has deposed that on 25.02.2011, DD no.26B dt. 19.02.2011, attested copy of the same is proved as Ex. PW18/A, was received by him regarding the arrest of accused Joginder @ Joga by Spl. Staff, Central District and on the next day, he moved an application Ex.PW18/B for his production warrant which was fixed for 28.02.2011. This witness has proved the application for the arrest of accused Joginder @ Joga as Ex. PW18/C, Arrest memo of accused as Ex. PW18/D and his disclosure statement as Ex. PW18/E, his application for conducting the TIP of accused Jogender as Mark PW 18/A1. This witness has also proved the TIP proceedings of accused Joginder @ Joga as Ex.PW18/F.
24.PW19 Ct. Jai Prakash has deposed that on 31.10.2009, when he was present at the gate of PS Khyala at about 8 AM, Ct.Rajesh came there on motorcycle and he asked him to sit on his motorcycle and he droved the motorcycle. Ct. Rajesh gave him his cell phone and told him to make call to SHO and to inform him that one Ranjeet Singh is going in white colour Maruti Zen and they are chasing him and reached at Maya Puri Chowk. One PCR van was present there and Ct.Rajesh told the PCR officials about the registration number of white colour Maruti Zen i.e. DL4CH6707. When the PCR van and they started chasing the said car of the accused Ranjeet Singh, the said car disappeared due to traffic. He has further deposed that after some time, one message was SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.13 of 29 received to Ct.Rajesh that the said Maruti Zen Car is lying parked near Godrej show room near I108, Kirti Nagar. They reached there and the above mentioned car was present there near Godrej Show room. SHO alongwith staff reached at the spot. Crime team was called at the spot, who inspected the car and lifted chance prints. The car was also photographed by the Crime team photographer. IO prepared rukka on the statement of Ct.Rajesh and sent the rukka to PS Khyala through Ct. Raj Pal for getting the FIR registered. One ASI from PS Kirti Nagar was also reached at the spot. IO seized the Car. This witness was cross examined by the Ld.Addl.P.P.for the State wherein he has admitted that spectacles was also seized from the Car. This witness has identified the Car as Ex.P.1 and Spectacles as Ex.PW19/Article1.
25.PW20 ASI Ram Kishore has deposed that on 31.10.2009, on receipt of DD no.12A, Ex.PW6/A, he alongwith Ct.Pradeep reached at H.No. I 108, Kirti Nagar in front of Godrej Show Room, where one Maruti Zen Car no. DL4C6707 was found standing at the spot. He has further deposed that front wind screen and front left window screen glass of the said Zen Car was found in broken condition. Crime team was called and they inspected the spot. He has further stated that photographs of scene of crime were clicked and finger prints were lifted from the spot. Thereafter, SHO of PS Khyala alongwith staff reached to the spot and he handedover the copy of DD no.12A to SHO of PS Khyala.
26.PW21 HC Mahavir Singh has deposed that on 13.05.2010, he was working as duty officer and at about 05:20 PM, he received an information through phone by HC Yashpal regarding accused Praveen, SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.14 of 29 who was arrested by Spl.Staff in FIR no. 219/09 PS Khyala was produced in the court of Sh.Deepak Dabas, Ld.M.M. and sent to J.C.till 26.05.2010 and he recorded this information vide DD no.32A. This witness has proved the photocopy of DD no.32A as Ex.PW21/A.
27.PW22 Sh.Subhash Arora has deposed that his son Sumit Arora is having a motor parts shop in the name and title of Satguru Motors, at 6/12, Kirti Nagar, Indl.Area, Delhi. In the year 2009, he received a phone call of the police official regarding summons. This witness was declared hostile by the Ld.Addl.P.P.for the State and crossexamined by him wherein he has stated that he never saw any boys and as such he could not identify any boys and the phone no. 9212404086 does not belongs to him. In the crossexamination, he has denied the suggestions put to him by the Ld.Addl.P.P.for the State. However, he has admitted that Arora Tempo Transport, Maya Puri Road, Kirti Nagar is situated opposite I108.
28.PW23 HC Satbir Singh has deposed that on 12.05.2010, he along with HC Yashpal and Ct.Vijay were present near Rajghat at about 12:30 PM for Surag Rasani (for search). When, they were present near parking near Raj Ghat, one secret informer came and gave information to IO that in a short while at 1:00 or 1:30 PM, one Maruti Zen car will come at the parking of Gandhi Samadhi and that vehicle is a stolen vehicle and can be recovered on raid. HC Yashpal made call to Inspector, Special Staff and apprised about the secret information, who directed to conduct raid. This witness has further deposed that at about 01:10 PM/01:15 PM, one white colour Maruti Zen having no. DL8C484 came from the side of GNCT and when the car slowed down at the SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.15 of 29 speed breaker, they stopped the car. The vehicle was driven by one person, whose name was revealed as Parveen on inquiry. This witness has further deposed that the IO asked Parveen to show the document of vehicle but he failed to show IO. IO get the details of the vehicle through control room and it was revealed that actual registration number of above while colour Maruti Zen was DL8CC4846 and the same was stolen from the area of PS Keshav Puram. IO arrested the accused Parveen and conducted his personal search. IO also confirmed about the theft of vehicle Maruti Zen from PS Keshav Puram. The IO also seized the Maruti Zen car. This witness has further deposed that the accused Praveen made disclosure statement wherein he has admitted his involvement in the present case. This witness has proved the photocopy of disclosure statement as Mark PW23/A. This witness has correctly identified the accused Praveen before the court.
29.PW24 Ct.Vikas has deposed that on 21.05.2010, he accompanied SI Sita Ram to Tis Hazari Courts, where accused Praveen was produced before the concerned M.M. and after seeking permission, IO arrested the accused Praveen. This witness has proved the Arrest memo and disclosure statement of accused Praveen as Ex.PW24/A and Ex.PW 24/B. He has also proved the Pointing out memo as Ex.PW24/C regarding the place at C Block Jhuggis, where they fired upon police constable. He has further deposed that the accused pointed out the Gaon Wala Chowk where second time fire was made upon same police constable. He has further deposed that the accused Praveen has also pointed out the place in Kirti Nagar where he left the vehicle in which he was riding and escaped.
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30.PW25 W/Ct.Sarita has deposed that on 19.02.2011, at 11:45 AM, he received information from ASI Rameshwar through telephone about arrest of accused Jogender and he recorded this information in Roznamcha as DD no.26, photocopy of the same is proved as Ex.PW 25/A.
31.PW26 ASI Rameshwar has deposed that on 18.02.2011, he alongwith HC Jai Singh and Ct.Rajender were on patrolling duty and when they were present in the area of Daryaganj, one secret informer gave information to him that a person namely Joginder @ Joga who is wanted in 34 cases of different police stations and he is PO in 23 cases and he will pass from Lohe Ka Pul (iron bridge), Daryaganj. He informed Inps. Spl. Staff about the secret information and he directed him to conduct raid immediately. This witness has further deposed that at about 5 PM, they went near red light near Iron bridge, Daryaganj and at about 5.30 PM, secret informer pointed out towards a person who was coming from the side of Red Fort and was going towards Jama Masjid side and on the pointing out of secret informer, they apprehended that person, whose name was revealed as Joginder @ Joga @ Vijay on enquiry. This witness has further deposed that on interrogation, accused Jogender disclosed about his involvement in the cases of PS Khyala, Sabzi Mandi and Keshav Puram. This witness has proved the photocopies of arrest memo, personal search memo and disclosure statement of accused Joginder @ Joga as Mark PW26/A, Mark PW26/B and Mark PW26/C and Kalandra Mark PW26/D.
32.PW27 ASI Yashpal has deposed that on 12.05.2010, he along with Ct.Vijay & Ct.Satbir went to Rajghat for the purpose of surag rasani and SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.17 of 29 at about 12:30 PM, one secret informer informed him that one person will come between 01:00 PM to 01:30 PM at parking near Gandhi Smriti in a stolen car to deliver the same to someone. He had also informed Inspector Special Staff Satender Mohan, who directed him to conduct raid. This witness has further deposed that at about 1:15 PM, one white colour Zen came from the side of GNCT towards Rajghat side and the vehicle was slowed down on the speed breakers. He got the vehicle stopped and there was only one person in the car, who was driving the same. He asked him to show the documents of the car but he failed to show the same and to give any satisfactory answer. The driver of the car told his name as Parveen on inquiry. This witness has further stated that he made call to control room and it was revealed that the said Maruti Zen car was stolen car. At the time of apprehending the accused the number plate of said Maruti Zen car was reflecting the number as DL8C484, while the actual number of the car was DL8CC4846. The white colour Zen car of No. DL8CC4846 was stolen from the area of PS Keshav Puram vide FIR No. 14/10. He seized the above car while preparing seizure memo. He arrested the accused and conducted the personal search of accused. He informed brother of accused namely Manoj about his arrest. He recorded disclosure statement of accused Parveen, photocopy of which is Mark PW23/A. This witness has further deposed that during disclosure statement, the accused Parveen admitted to have committed the crime in the present case FIR with his associates and the facts disclosed by the accused were recorded by him completely, which is proved as Mark PW23/A. He gave information to the concerned Police Stations, SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.18 of 29 within the area of which the accused committed the crime with associates as per his disclosure statement.
33.PW28 Ct.Mahavir has deposed that on 28.02.2011, he participated the investigation of this case with SI Hans Raj and came to Tis Hazari Court, where accused namely Joginder @ Vijay S/o Sh.Fakir Chand produced in the concerned court in muffled face. This witness has correctly identified accused Jogender @ Vijay before the Court. This witness has further stated that after taking permission of the court, IO interrogated and arrested the accused Joginder vide Arrest Memo which is proved as Ex.PW18/D and recorded his disclosure statement which is proved as Ex.PW18/E. He has further deposed that in his disclosure statement, the accused admitted that he was driving the car in which his coaccused Ranjeet made fire upon the police official who was chasing them about 1½ years back. The accused removed the cloth from his face and despite repeated instructions by the IO, he did not muffled his face. The accused was produced before the Ld.M.M.and Ld.M.M. was apprised about the facts and circumstances of the present case and accused was sent to J.C. The IO had also moved an application for the TIP of the accused.
34.PW29 Insp.Raj Kumar has deposed that on 18.03.2010, he received information from SI Gurdeep Singh regarding arrest of accused Ranjeet Singh in FIR no. 45/10. Since the accused Ranjeet Singh was wanted in the present case FIR, therefore, he informed the SHO and on the direction of SHO, he went to Gandha Nala, HMP Block, Raghubir Nagar, Delhi. On reaching there, SI Gurdeep Singh and other police staff met him, who were apprehending accused Ranjeet Singh. SI SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.19 of 29 Gurdeep Singh told him about the disclosure statement of accused Ranjeet Singh and he collected copy of the same from SI Gurdeep Singh. This witness has further deposed that he interrogated the accused Ranjeet Singh and arrested him in the present case. This witness has proved the arrest memo of the accused Ranjeet Singh as Ex.PW29/A and his disclosure statement as Ex.PW10/A. This witness has further deposed that the accused thereafter, led the police party to C Block, Raghubir Nagar, Delhi for the purpose of pointing out and thereafter, he led them to Gaon Wala Chowk and then to I Block, Kirti Nagar, Delhi, with regard to the present case FIR and he prepared the Pointing out memo which is proved as Ex.PW11/D. This witness has further deposed that on 26.03.2010, he took sealed pullanda of country made pistol and cartridge to FSL, Rohini alongwith Ct.Virender and get the exhibits deposited at FSL. After depositing the exhibits, the acknowledgment was issued by the FSL authorities which was produced before him by Ct. Virender Singh and thereafter, the same was deposited with MHC(M). This witness has correctly identified the accused Ranjeet Singh before the Court.
35.PW30 Ct.Vijay Kumar has deposed that on 12.03.2010, he alongwith HC Yashpal and Ct. Satbir had gone to Rajghat for the purpose of Suraag Rasani. At about 12:20 PM, HC Yashpal had received a secret information that a person with stolen car will reach near parking of Gandhi Smriti, Rajghat, Delhi. At about 01:00 PM, they reached at Parking near Gandhi Smriti and after about 15 minutes, they saw a vehicle bearing number plate of DL8CC4846 and from the said number plate DL8C484 were visible and rest of the numbers were not SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.20 of 29 visible, coming from the side of Delhi Govt. Secretariat. The said vehicle took a turn near Gandhi Smriti. As the speed of the vehicle had become slow, they stopped the vehicle and saw that only one person was sitting in the said vehicle at the driver seat. HC Yashpal made enquiry from the said person and asked from him about the documents of the vehicle. The said person told his name as Praveen S/o Charan Singh but he was not able to produce any document pertaining to the Car. This witness has correctly identified the accused Praveen before the Court. This witness has further deposed that on enquiry about the number of the vehicle, the said vehicle was found stolen from the area of PS Keshav Puram. HC Yashpal seized the Car vide seizure memo and arrested the accused. The accused Praveen made a disclosure statement, copy of which is proved as marked PW23/A. This witness has proved the arrest memo, personal search memo and disclosure statement of accused Praveen as Ex.PW30/A, Ex.PW30/B, Ex.PW 30/C and seizure memo of Car as Ex.PW30/D. He has also proved the pointing out memo of the place near Keshav Puram Metro Station, from where vehicle was theft as Ex.PW30/E.
36.PW30 Ms.Sugandha Aggarwal has proved the order dt. 07.03.2011 passed by her as Ex. PW31/X, application of the IO for TIP of accused Jogender as Ex. PW31/A, TIP of accused Jogender as Ex. PW31/B and application of the IO for providing copy of the TIP proceedings as Ex.PW31/C.
37.PW32 SI Sita Ram has deposed that on 31.10.2009, at about 09:52 AM, he was present in the PS Khyala and at that point of time, duty officer of PS handedover him the copy of DD no. 16A Ex.PW1/A, for SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.21 of 29 action in the matter. Accordingly, he alongwith Ct.Rajpal proceeded for the informed place i.e. I Block, Kirti Nagar, Delhi. Ct.Rajesh and SHO of PS Khyala Insp.Randhir Singh Khatri met them there. He inquired the facts and recorded statement of Ct.Rajesh which is proved as Ex.PW7/A. He recorded rukka Ex.PW32/A and gave it to Ct.Rajpal for registration of the case, who left the spot with rukka. One Maruti Car no. DL7CH6707 was found stationed there. Crime team officials had already reached the spot in view of information given by the SHO. The car was inspected by the crime team officials. The Car was locked. Its left side window pane was got broken and then the door was opened. One rod and one wheel opening wrench and one black colour spectacles were found in the Car. He took the Car and iron rod and wrench into possession vide seizure memo which is proved as Ex.PW 7/B. He has further deposed that he took the spectacles in possession vide seizure memo which is proved as Ex.PW7/C. This witness has further deposed that he prepared site plan of the spot at the instance of Ct.Rajesh which is proved as Ex.PW32/B. Ct.Rajesh further pointed out the place by leading them to Gaon Wala Chowk, Raghubir Nagar and he prepared site plan of the spot where second shot was fired at Ct.Rajesh and the same is proved as Ex.PW32/C. This witness has further deposed that thereafter, they went to R Block, Raghubir Nagar, Delhi and at the instance of Ct.Rajesh, he prepared the site plan which is proved as Ex.PW32/D, where Car No. DL4CH6707 was stationed and when Ct.Rajesh prior to check the same, then first shot was fired on him. The seized Car was transported to PS and deposited in the malkhana.
SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.22 of 29 This witness has further deposed that on 02.11.2009, he was present at I Block, Kirti Nagar regarding investigation of this case. Shiv Chand Arora and Subhash Chand Arora met him there. He interrogated them and recorded their statements correctly. Thereafter, he went to Gaon Wala Chowk and recorded statement of TSR driver Ram Swaroop. During investigation, it was revealed that seized Car of this case was stolen car and in this regard, an FIR no. 264/09 at PS Sabzi Mandi was registered and further it was revealed that its real number was DL8CE7051. He conveyed the information in this regard to the concerned IO of PS Sabzi Mandi.
This witness has further deposed that on 27.11.2009, owner of the Car namely Vijay Kumar got the order of release of his vehicle from the Court and consequently, the vehicle was released in his favour after removing the fake number plate bearing no. DL4CH6707. He seized these (two number plates bearing no. DL4CH6707) vide seizure memo which is proved as Ex.PW16/C and deposited the same in the malkhanana. The vehicle was released to Sh.Vijay Kumar vide Superdarinama Ex. PW16/B. He has further deposed that by the order of SHO, investigation of this case was assigned to Insp.Raj Kumar on 01.02.2010. Accordingly, he handedover the record of this case to him. This witness has further deposed that on 30.04.2010, again investigation of this case was assigned to him and he took the record from Insp.Raj Kumar and found that one accused Ranjeet Singh has been arrested in this case on 18.03.2010 and was running in judicial custody. He filed chargesheet against accused Ranjeet Singh on 13.05.2010. He has further deposed that on 13.05.2010 itself, copy of SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.23 of 29 DD no. 32A regarding arrest of accused Praveen by the officials of PS Kamla Market was conveyed to him. He moved an application for TIP of accused Praveen and on 17.05.2010, TIP of accused Praveen was conducted at Tihar Jail. Witness Ct.Rajesh participated in TIP proceedings. He obtained copy of TIP and came to know that he had correctly identified accused Praveen. Carbon copy of TIP proceedings of accused Praveen is proved as Mark PW32/A. On 21.05.2010, he formally arrested accused Praveen in Tis Hazari Court on his production before the court vide Arrest Memo, which is proved as Ex.PW24/A. He recorded his disclosure statement which is proved as Ex.PW24/B. He obtained his one day police custody remand and he had pointed out the place of occurrence on 22.05.2010 by leading them at R Block, Raghubir Nagar, Gaon Wala Chowk, Raghubir Nagar and I Block, Kirti Nagar. He had prepared pointing out memo Ex.PW24/C in this regard and thereafter, he was produced before the Court and was remanded to police custody. On 28.05.2010, he submitted chargesheet against accused Praveen before the Court. This witness has further deposed that he initiated proceedings against accused Joginder @ Joga and got him declared PO on 21.10.2010 and filed chargesheet in this regard on 10.11.2010.
38.Thereafter, statements of accused U/s 313 Cr.P.C. have been recorded wherein they have stated that they are innocent and have been falsely implicated in the present case. Nothing has been recovered from them or at their instance. However they do not lead any defence evidence.
39.I have heard Sh.Absar Ahmad, ld. Counsel for accused Ranjeet Singh, Sh.S.P.Sharma, ld. Counsel for accused Parveen & Jogender and SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.24 of 29 Sh.B.B.Bhasin, Ld.Addl.P.P.for the State and have perused the record carefully.
40.It is vehemently contended by the ld.Counsels for the accused persons that all the accused persons have been falsely implicated in the present case. Accused Ranjeet Singh was shown arrested on 18.03.2010 and there were allegations that he fired towards Ct.Rajesh on 18.03.2010 and FIR no. 45/10 was registered and he has already been acquitted in that case FIR no. 45/10. There are material contradictions in the statements of the witnesses. Prosecution is not able to prove the case beyond reasonable doubt. Ct.Rajesh is not able to tell the number of motorcycle on which he was riding and going towards his duty in PS Khyala. There are also material contradictions between the statements of PW7 Ct.Rajesh and PW19 Ct.Jai Prakash. It is also contended that it is not probable that after receiving the information from Ct.Jai Prakash, no DD was registered and DD was registered on the intimation given by PW12 Sh.Shiv Chander Malhotra.
41.On the other hand, it is contended by the Ld.Addl. P.P.for the State that the prosecution has proved its case beyond reasonable doubt. It is further contended that accused Jogender has absconded himself and therefore, charge U/s 174A IPC was also framed against him. It is prayed that the accused persons be convicted.
42.In the present case, PW7 Ct.Rajesh is the star witness. As per the prosecution case, on the date of incident, he was going on his motorcycle to PS Khyala and in the meanwhile, he noticed that the accused Ranjeet Singh was standing and he fled in the Car. In the examination in chief, this witness has deposed that after a little SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.25 of 29 distance, accused Ranjeet Singh fired upon him but in the cross examination, this witness has deposed that accused Ranjeet Singh immediately escaped after firing upon him. This is material contradiction between the statement given by him as well as in his deposition. In the crossexamination, this witness has admitted that he was in police uniform and he was having pistol with him but the witness has not used the official pistil to deter the accused persons from escaping.
43.In the present case, the incident is at 08:00 AM and PW7 Ct.Rajesh has admitted that he had given his mobile phone to Ct.Jai Prakash who had informed the SHO. If the incident had taken place at 08:00AM and immediately thereafter, the intimation was given to the SHO, then why no DD was registered by the SHO concerned on the information received from ct.Jai Prakash. Thus, this belies the story put forward by the prosecution.
44.PW7 Ct.Rajesh is also not able to tell the registration number of the two wheeler on which the IO reached at the spot. It is true that in the present case, DD was registered on the statement of PW12 Sh.Shiv Chander Malhotra. No explanation has been given by the prosecution as to why no DD was registered when PW19 Ct.Jai Prakash has intimated on phone to the SHO of PS concerned about the firing of shot by accused Ranjeet Singh on them.
45.Moreover, PW19 Ct.Jai Prakash has admitted that while chasing the accused persons, PW7 Ct.Rajesh gave him his mobile phone and from the said mobile phone, he gave intimation to the SHO of PS concerned. But no steps were taken by the SHO and he reached at the spot at SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.26 of 29 about 10:00 AM, that is after a gap of two hours. Moreover, PW19 Ct.Jai Prakash is not able to tell the phone number on which he had made a call to the SHO. PW19 Ct.Jai Prakash even could not tell the registration number of the motorcycle of Ct.Rajesh. Even he is not able to tell the names of police officials, to whom he has apprised the facts. I am of the view that from the testimonies of both the witnesses, it is not proved that accused persons had fired towards them.
46.Moreover, PW13 Sh.Ram Swaroop Sharma has not supported the case of the prosecution and put a different version in his deposition. He has deposed that he saw one cycle falling on his auto and he asked what the matter is. He has further deposed that he (cyclist) told him (witness) that he had been hit by one Maruti. He has also deposed that he also heard the noise of firing. This witness has denied the suggestion put to him by the Ld.Addl.P.P.for the Stae that he saw someone firing from white colour Maruti Zen Car.
47.It is the case of the prosecution that PW12 Sh.Shiv Chander Malhotra gave intimation to the police that one Maruti Car has been parked in front of gate of his house and he informed to the police through his landline no. 25439154.
48.PW22 Sh.Subhash Arora has also not supported the case of the prosecution. He denied the suggestion of the Ld.Addl.P.P.for the State that on 31.10.2009, three boys who parked Maruti Zen Car no. DL 4CH6707 in front of I108, Kirti Nagar and they were having revolvers and wearing white colour clothes and they ran away towards Railway tack after jumping the grills.
49.In the present case, PW7 Ct.Rajesh has deposed that on 18.03.2010, SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.27 of 29 he received a secret information that accused Ranjeet Singh who is wanted in murder case will come on motorcycle with illegal weapon. The prosecution has proved on record the FIR no. 45/10 as Ex.PW 17/A. PW7 Ct.Rajesh has also deposed about the occurrence of 18.03.2010. In the present case, witness PW7 Ct.Rajesh is alleging that he knew the accused Ranjeet Singh earlier but in the same deposition, he has deposed that on 18.03.2010, accused fired upon him and when he apprehended, he disclosed his name as accused Ranjeet Singh. Thus, there is contradiction in the contents of FIR no. 219/09 and FIR no. 45/10.
50.Moreover, accused Ranjeet Singh has been acquitted in the case FIR no. 45/10 and he has also been acquitted for the offence U/s 25/27/54/59 A.Act in that case. I am of the view that in the present case, the prosecution is not able to prove that the accused persons have fired in furtherance of their common intention towards Ct.Rajesh. Thus, all the accused persons namely Ranjeet Singh, Parveen and Joginder @ Joga are hereby acquitted for the offence punishable U/s 353/186/307/34 IPC.
51.In the present case, accused Ranjeet Singh has also been chargesheeted for the offence punishable U/s 25/27/54/59 A.Act. As the accused Ranjeet Singh has already been acquitted in the case FIR no. 45/10 for the offence U/s 25/27/54/59 A.Act, he is also acquitted in the present case for the offence U/s 25/27/54/59 A.Act.
52.Accused Joginder @ Joga has also been chargesheeted for the offence U/s 174A IPC. He has been arrested on 28.02.2011 but the prosecution has not proved any proceedings U/s 82/83 Cr.P.C. initiated against the SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.28 of 29 accused Joginder @ Joga. Even order of the Ld.M.M. vide which he was declared Proclaimed Offender is also not proved in the statement of any witness. Thus, accused Joginder @ Joga is also acquitted for the offence punishable U/s 174A IPC.
Accused persons namely Ranjeet Singh and Joginder @ Joga be released immediately if they are not wanted in any other case. Accused persons are further directed to furnish bail bonds and surety bonds for a sum of Rs.10,000/each (Rupees ten thousand each) with one surety each in the like amount in view of Provisions of Section 437 A Cr.P.C.
Further it is ordered that the case property of this case, if any, be disposed of/destroyed after expiry of period of filing appeal, if any. File be consigned to record room.
ANNOUNCED IN THE OPEN COURT (NARESH KR. MALHOTRA) ON 19 th JANUARY, 2017. ADDITIONAL SESSIONS JUDGE05 (WEST) DELHI / TIS HAZARI COURTS SC No.56366/16 State Vs.Ranjeet Singh etc. Page No.29 of 29