Delhi District Court
State vs . Ramesh @ Pagal & Ors. on 16 April, 2010
1
IN THE COURT OF SH. PARAMJIT SINGH : ADDL. SESSIONS JUDGE
(NORTH-WEST)-04, ROHINI/DELHI
(Sessions Case No. : 54/09/10)
State Vs. Ramesh @ Pagal & Ors.
FIR No. : 507/06
U/s : 399/402 IPC & 25 of Arms Act
P.S : Paschim Vihar
State Vs. Ramesh @ Pagal
S/o Sh. Kanhiya Lal
R/o H.No. C-250, Chander Vihar,
Nihal Vihar,
Delhi.
Date of institution of the case - 22.07.2006
Date of pronouncement of judgment -15.04.2010
JUDGEMENT
In the present case on 03.06.2006, a secret information was received by SI Ashok Kumar, Incharge: PP Miyanwali that five persons 2 with illegal weapons would assemble at Park in front of dispensary R-Block, Jwalapuri, Delhi and on the said information, SI Ashok Kumar alongwith ASI Rajinder Singh, HC Hansraj, HC Jai Singh, HC Omkar Sharma, Ct. Suresh Kumar, Ct. Surinder, Ct. Mahavir, Ct. Kuldeep and Ct. Maha Singh went at the spot where accused Ramesh @ Pagal alongwith his co-accused Ramesh @ Manna, Chhannu & Mahender ( since convicted ) and another co-accused Gaurav ( since P.O.) were apprehended and recovery of illegal weapons was made from them. Thereafter SI Ashok Kumar prepared a rukka (Ex. PW-3/L) and sent the same through Ct. Mahavir to P.S, which led to the registration of the present case vide FIR No.- 507/06 at P.S:Paschim Vihar.
In brief, the case of the prosecution is that on 03.6.2006, at about 8:35 P.M, at DDA Park, behind MCD dispensary, R-Block Camp no.5, Jawala Puri Delhi, within the jurisdiction of P.S Paschim Vihar, accused Ramesh @ Pagal alongwith his co-accused Ramesh @ Manna, Chhannu & Mahender ( since convicted ) and another co-accused Gaurav ( since P.O.) assembled at the aforesaid park and were making preparation for the purpose of committing dacoity in the area of Sunder Enclave of P.S Paschim Vihar 3 and all of them were armed with deadly weapons i.e country made pistol, buttondar knives etc. and they were apprehended by the above named police officials. It is also stated that buttondar knives were recovered from the possession of accused Ramesh @ Pagal and accused Ramesh @ Manna, (since convicted) country made pistol and live cartridge were recovered from accused Gaurav ( since PO), an iron rod was recovered from accused Mahender ( since convicted ) and an iron cutter was recovered from the accused Chhannu ( since convicted ).
2. On the completion of the investigation, the charge sheet was filed. After committal, the arguments on the point of charge were heard and on the basis of the material on record, charge for committing the offence punishable u/s-399/402 IPC was framed against all the above named accused persons. In addition to this, charges for committing the offence punishable u/s-25 of Arms Act were also framed against the accused Gaurav, Ramesh @ Pagal & Ramesh @ Manna by the Ld. Predecessor of this court. The accused persons pleaded not guilty to the respective charges framed against them and claimed trial.
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It is pertinent to mention here that during the trial of this case, accused Ramesh @ Pagal and Gaurav absconded and they were eventually declared as " Proclaimed Offenders".
Later on, accused Ramesh @ Pagal was arrested and was produced in the court in terms of order dated 11.03.2010 of Ld. ACMM (Spl.Act), Delhi.
It is also pertinent to mention here that above named accused Ramesh @ Manna , Mahinder and Chhannu have already been convicted and sentenced vide judgment dated 08.02.2010 and order on the point of sentence dated 09.02.2010.
3. In support of its case qua accused Ramesh @ Pagal, the prosecution has examined one witness i.e PW-1A.
4. After recording of the prosecution evidence, statement of accused u/s-313 Cr. PC was recorded, wherein the accused-Ramesh @ Pagal admitted the case of the prosecution to be correct and voluntarily pleaded guilty to the offences alleged against him .
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5. I have heard the arguments put forward by ld. Addl. PP and ld. Defence counsel and have carefully gone through the record of the case. I have also carefully considered the evidence adduced by the prosecution in support of its case.
6. In the present case, the perusal of the record reveals that in view of the testimony of PW-1A ASI Rajinder Singh, the prosecution have been successful in bringing home the guilt against the accused- Ramesh @ Pagal for committing the offences punishable u/s-399/402 IPC & u/s-25 of Arms Act beyond the reasonable doubts.
PW-1A ASI Rajinder Singh deposed that on 03.06.2006, he was posted at PP Miyanwali Nagar of P.S Paschim Vihar and on that day, one secret informer came to PP and informed SI Ashok Kumar that 5 young persons who were having illegal arms would come to the DDA park R-Block at about 8:00 P.M and they would plan for dacoity in the area and SI reduced that information in writing vide DD No. 31 dated 03.06.2006 (Ex. PW-2/A) and same was informed to the SHO and Sr. Officers and as 6 per their direction, SI organized a raiding party consisting of himself, HC Hansraj, HC Jai Singh HC Omkar Sharma, Ct. Suresh Ct. Surender, Ct. Mahavir, Ct. Kuldeep, Ct. Maha Singh and himself and they left the PP Mian Wali Nagar after they were briefed by SI Ashok Kumar vide DD No. 32 dated 03.6.2006 (Ex PW-2/B) and reached R-Block in a private vehicle alongwith secret informer and parked their vehicle inside the road and SI requested 4-5 passers by to join the raiding party but none agreed and ran away from the spot without disclosing their names and address. He further deposed that thereafter Ct. Mahavir and informer were also briefed by SI Ashok Kumar and sent inside the park to give signal by flashing the torch towards the members of raiding party as and when the above said five persons gathered in the park and after hearing their conversation. PW-1A deposed that the members of raiding party were divided into four separate parties and he was leading one of the party consisting of himself and Ct. Suresh and were deputed towards north side of the park, HC Jai Singh was leading another party consisting of himself and Ct. Kuldeep and were deputed towards the south side of the park, HC Hans Raj was leading another party, consisting of himself and Ct. Surender and were deputed 7 towards the west side of the park and HC Omkar Sharma was leading other party consisting of himself and Ct. Maha Singh and were deputed towards the eastern side of the park. Thereafter at about 8:00 P.M, two persons came there and sat near the Kacha Rasta in the said park and after 10 minutes, three other persons also came in the park and they also sat beside the above said two persons and at about 8:30 P.M Ct. Mahavir signaled them by flashing the torch and they tried to surround them from all the sides and SI Ashok Kumar challenged them not to run away as they had been surrounded by the police party, but all of them tried to escape from the spot. PW-1A deposed that SI with the help of Ct. Mahavir apprehended their gang leader namely Gaurav and Ct. Mahavir informed SI Ashok Kumar that accused persons were planning to commit dacoity at Sunder Enclave and Gaurav was telling the remaining accused that he had seen the house of a person who had huge money and on his formal search one loaded country made pistol was recovered from his possession ( Accused Gaurav is PO). PW-1A also deposed that he and Ct. Surinder apprehended one another person, who disclosed his name as Ramesh Kumar @ Pagal, accused present in the court and on his formal search, one buttondar 8 knife was recovered and same was handed over to SI, who prepared the sketch ( Ex PW-3/G) of knife and on measurement, total length of knife was 23.1 cm, length of blade was 10.5 cm., handle 12.6 cm., and width of blade was 2.9 cm. and the said knife was kept in a pullanda and was sealed with the seal of AK and was taken in to possession vide seizure memo Ex. PW-3/H and pullanda was given Sr. No. 2. He further deposed that accused persons namely Ramesh @ Manna, Mahinder, Gaurav and Chhannu were also arrested and from their possession, arms/ weapons were also recovered and IO SI Ashok Kumar also prepared sketches and seizure memos in respect of the said arms/weapons and also filled FSL form,. PW-1A deposed that IO SI Ashok Kumar prepared rukka (Ex. PW-3/L) and handed over the same to Ct. Mahavir with the request that after registration of the FIR, further investigation be handed over to some other IO and accordingly, said constable went to P.S and got registered the case vide FIR No. 507/06 Ex. PW-1/A and came back at the spot alongwith second IO ASI Ram Gopal and SI Ashok Kumar handed over all the recovered weapons alongwith their sketches and recovery memos to IO-ASI Ram Gopal and he prepared the site plan on his pointing out and said site plan was Ex. 9 PW-3/M. He further deposed that thereafter, all the accused were arrested and accused Ramesh @ Pagal was arrested vide memo Ex. PW-3/U and his personal search was also conducted vide memo Ex. PW-3/V . PW-1A has also proved the buttondar knife recovered from accused Ramesh @ Pagal as Ex. P-3.
The important fact is that the aforesaid material witness i.e PW-1A ASI Rajinder Singh was cross examined on behalf of the accused Ramesh @ Pagal, but nothing material has come on record which could assail the credibility or trustworthiness of this witness or which could be of any help to the accused. In his cross examination by the ld. Defence counsel, PW-1A denied the suggestion that accused persons have not assembled at the time and place mentioned by him or that no planning for dacoity were done by them. He further denied the suggestion nothing incriminating was recovered from accused Ramesh @ Pagal . He also denied the suggestion that nothing was recovered from any accused and the alleged weapons were planted upon them after lifting from their houses. PW-1A denied the suggestion that they never visited the spot and all the writing work was done while sitting in PP Mianwali . He also denied the suggestion that he 10 was deposing falsely.
7. In the present case, in view of the testimony of PW-1A ASI Rajinder Singh , the prosecution has been successful in proving the guilt of the accused- Ramesh @ Pagal on record beyond the reasonable doubts. In addition to this, in his statement recorded u/s- 313 Cr. PC, the accused- Ramesh @ Pagal have also admitted the case of the prosecution to be correct and have voluntarily pleaded guilty to the offences alleged against him.
Hence, in view of the above and having regard to the fact and circumstances of the present case, I am of the considered opinion that the prosecution has been able to prove on record beyond the reasonable doubt that accused Ramesh @ Pagal alongwith his co-accused assembled at DDA Park, behind MCD dispensary, R-Block, Camp no.5, Jawala Puri Delhi, within the jurisdiction of P.S Paschim Vihar and were making preparation for the purpose of committing dacoity in the area of Sunder Enclave of P.S Paschim Vihar and all of them were armed with deadly weapons i.e country made pistol, buttondar knives etc. and they were apprehended and a buttondar knife was recovered from the possession of accused Ramesh 11 @ Pagal which he was possessing without any licence in violation of the notification issued by Delhi Admn. Delhi. Accordingly, I hold the accused- Ramesh @ Pagal S/o Sh. Kanhiya Lal guilty of the offences punishable u/s- 399/402 IPC & u/s- 25 of Arms Act and convict him accordingly.
Now to come up for arguments on the point of sentence on 16.04.2010.
(Announced in the open ) (Paramjit Singh)
(court on 15.04.2010) Addl. Sessions Judge
(North-West)-04
Rohini/Delhi
12
FIR No.-507/06
PS : Paschim Vihar
15.04.2010
Present: Addl.PP for the State.
Accused Ramesh @ Pagal in JC with counsel Sh. Sachin Sharma ( Amicus Curie).
Accused Ramesh @ Manna, Mahender & Chhannu have already been convicted vide judgment dated 08.02.2010 and order on the point of sentence dated 09.02.2010.
Accused Gaurav @ Golu is P.O. PW-1A ASI Rajinder Singh is present. He has been examined, cross examined and discharged.
At this stage, accused Ramesh @ Pagal submitted that he want to plead guilty to the offences alleged against him. Accordingly, the PE is closed.
Statement of accused u/s-313 Cr. PC have been recorded, wherein accused-Ramesh @ Pagal have admitted the case of the 13 -2- prosecution to be correct and have voluntarily pleaded guilty to the offences alleged against him .
Final arguments heard.
Vide separate judgment , announced in the open court, accused Ramesh @ Pagal have been convicted u/s-399/402 IPC & u/s- 25 of Arms Act.
Now to come up for arguments and order on the point of sentence on 16.04.2010, as requested.
(Paramjit Singh) ASJ (N-W)-04 Rohini/Delhi 15.04.2010 14 IN THE COURT OF SH. PARAMJIT SINGH : ADDL. SESSIONS JUDGE (NORTH-WEST)-04, ROHINI/DELHI (Sessions Case No. : 54/09/10) State Vs. Ramesh @ Pagal & Ors.
FIR No. : 507/06
U/s : 399/402 IPC & 25 of Arms Act
P.S : Paschim Vihar
ORDER ON THE POINT OF SENTENCE
In the present case, the convict-Ramesh @ Pagal have been convicted u/s- 399/402 IPC and u/s- 25 of Arms Act.
I have heard the arguments on the point of sentence put forward by Ld. Addl. PP for the state and Ld. Defence counsel for the convict.
2. It has been submitted by the Ld. Addl.PP that in view of the nature of offence, the convict does not deserve any leniency and he prays that maximum sentence prescribed by the law may be imposed upon the convict- Ramesh @ Pagal.
3. On the other hand, it has been submitted by the ld. Defence 15 counsel that the convict- Ramesh @ Pagal belong to poor family and is the sole bread earner of his family and there is none else to look after his family. He further submits that the convict is not previous convict and is having clean antecedents. Ld.defence counsel also submits that the convict- Ramesh @ Pagal have already remained in the custody for more than one year during the investigation and trial of this case and he prays that a lenient view may be taken in this case.
4. I have carefully considered the submissions made by Ld. Addl. PP and ld. Defence counsel and have carefully gone through the record of the case.
5. In the present case, the convict- Ramesh @ Pagal have been convicted u/s-399/402 IPC and u/s- 25 of Arms Act. Keeping in view the fact and circumstances of the present case and having regard to the nature of offence and family circumstances of the convict, I hereby sentence the convict- Ramesh @ Pagal to undergo imprisonment for the period for which he has already remained in custody during the investigation and trial of this 16 case u/s-399/402 IPC. Further, convict- Ramesh @ Pagal is also sentenced to undergo RI for ten months u/s- 25 of Arms Act and the said period of RI shall be set off against the period of custody i.e more than one year already undergone by him during investigation and trial of this case in terms of provisions of section-428 Cr.PC as both the sentences imposed upon convict- Ramesh @ Pagal shall run concurrently.
Conviction warrants be prepared accordingly.
Copies of the judgment and order on the point of sentence be supplied to the convict, free of cost.
File be consigned to the record room and it be re-summoned as and when accused Gaurav @ Golu, who is 'Proclaimed Offender' is re- arrested.
(Announced in the open ) (Paramjit Singh)
(Court on 16.04.2010 ) Addl. Session Judge
(North-West)-04
Rohini/Delhi
17
FIR No.-507/06
P.S.- Paschim Vihar
16.04.2010
Present: Addl.PP for the State.
Convict Ramesh @ Pagal in JC with counsel Sh. Sachin Sharma ( Amicus Curie).
Accused Ramesh @ Manna, Mahender & Chhannu have already been convicted vide judgment dated 08.02.2010 and order on the point of sentence dated 09.02.2010.
Accused Gaurav @ Golu is P.O. Arguments on the point of sentence qua convict Ramesh @ Pagal, heard.
Vide separate order on the point of sentence, announced in the open court, the convict- Ramesh @ Pagal have been sentenced to undergo imprisonment for the period for which he has already remained in custody during the investigation and trial of this case u/s-399/402 IPC. Further, convict- Ramesh @ Pagal have also been sentenced to undergo RI for ten months u/s- 25 of Arms 18 Act and the said period of RI shall be set off against the period -2- of custody i.e more than one year already undergone by him during investigation and trial of this case in terms of provisions of section-428 Cr.PC as both the sentences imposed upon convict- Ramesh @ Pagal shall run concurrently. Conviction warrants be prepared accordingly.
Copies of the judgment and order on the point of sentence be supplied to the convict, free of cost.
File be consigned to the record room and it be re-summoned as and when accused Gaurav @ Golu, who is 'Proclaimed Offender' is re-arrested.
(Announced in the open ) (Paramjit Singh)
(Court on 16.04.2010 ) Addl. Session Judge
(North-West)-04
Rohini/Delhi