Delhi District Court
State vs . (1) Ravi on 8 March, 2011
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IN THE COURT OF SHRI I. S. MEHTA, DJ-IX CUM ASJ I/C
DWARKA COURTS, NEW DELHI.
Session Case No. : 1/2011
Date of Institution : 3.1.2011
Date of Decision : 08.03.2011
State Vs. (1) Ravi
S/o Raibir Singh
R/o RZ-76, M.D Road, Gopal Nagar,
Najafgarh, New Delhi.
(2) Shanker
S/o Mohinder Pal
R/o Roshan Garden, near water tank,
Najafgarh, New Delhi.
(3) Satya (since declared P.O.)
S/o Omi
R/o Indra Market, Najafgarh, New Delhi.
(4) Sonu @ Suresh
S/o Azad Singh
R/o Village Paprawat,
P.S Najafgarh, New Delhi.
(5) Vinod @ Bhura
S/o Karan Singh
R/o RZ-22A, M.D Road, Gopal Nagar
Najafgarh, New Delhi.
FIR NO.: 95/2008
Police Station : Najafgarh
Under Section: 399/402 IPC &
25/54/59 Arms Act
For State : Sh. Devinder Kumar, Ld. Chief
Prosecutor on behalf of the State.
For Accused : Sh. Jai Singh Yadav and
Sh. Ranjit Singh. Adv. And Sh. Mohit Ramdev.
counsel for the accused persons.
SC No. 1/2011 Page 1/10
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JUDGMENT
Accused Ravi, Shankar, Satya (P.O), Sonu @ Suresh and Vinod @ Bhura are facing trial for committing offence under Section 399/402 IPC for assembling inside the cremation ground, Jhorada Road, Gopal Nagar, Najafgarh, on 15.2.2008 at about 9 to 10 pm, along with other associates, for making preparations to commit dacoity in a liquor shop, near Anaj Mandi, Delhi.
Accused Vinod @ Bhura is also facing trial for offence under Section 25/54/59 Arms Act for keeping in his possession one country made revolver along with two live cartridges.
2. Vide order dated 18.12.2010, accused Satya was declared Proclaimed Offender and the case was committed to the court of sessions by Ld. Metropolitan Magistrate.
3. Prima facie case having been made out, charge for offence under Section 399/402 IPC was framed against accused Ravi, Shankar, Sonu @ Suresh and Vinod @ Bhura and separate charge for offence under Section 25/54/59 Arms Act was framed against accused Vinod @ Bhura, to which all the accused persons pleaded not guilty and claimed trial.
4. Precisely, the brief facts stated are that on 15.2.2008, ASI Surat Singh, along with HC Dara Singh, Ct. Kalu Ram, Ct. Ashok Kumar, Ct. Hoshiar Singh, Ct. Mahavir and Ct. Tej Veer was on patrolling duty in the area. At about 8.40 pm, when they reached at Jharoda road, a secret informer informed them that 4-5 boys, armed with ammunitions, are sitting inside the cremation ground and they are planning to commit dacoity at the liquor shop situated at Anaj Mandi and if raid is conducted, they could be apprehended.
SC No. 1/2011 Page 2/10 -:3:-On receiving the said information, ASI Surat Singh, disclosed the said secret information to 4-5 passersby and requested them to join the team, but none agreed and went away without disclosing their name and address. Thereafter, ASI Surat Singh, organized a raiding party comprising of members of the patrolling team and at about 9.10 pm, the raiding party members along with the secret informer reached at the spot i.e Cremation Ground, Jhorada Road. At the spot, the secret informer pointed out towards the cremation ground and went away. Thereafter, ASI Surat Singh along with other team members entered into the cremation ground and while hiding themselves, they overheard the conversation of those miscreants who were sitting by the side of the wall of the cremation ground. Amongst those miscreants, one was saying that he came to know that there is lot of money in the liquor shop situated in the Anaj Mandi and they should go and commit dacoity there. The other miscreant amongst them, was saying that they should take care of their arms and ammunitions. On hearing this conversation, ASI Surat Singh gave signal to the raiding party members, who, immediately tried to apprehend the accused persons. On seeing the police party, all the 4-5 miscreants started running in different directions to escape but they were apprehended by the raiding party members. On interrogation, name of those boys were revealed as Vinod @ Bhura, S/O Karan Singh ; Ravi S/o Rajbir Singh ; Shankar S/o Mahinder Pal ; Satya S/o Omi and Sonu @ Suresh S/o Azad Singh.
ASI Surat Singh along with HC Dara Singh apprehended accused Vinod @ Bhura, Ct. Kalu Ram apprehended accused Ravi, Ct. Ashok apprehended accused Shankar, Ct. Tejbir apprehended accused Satya and Ct. Hoshiar Singh and Ct. Mahabir apprehended accused Sonu @ Suresh. IO interrogated all the accused persons regarding their presence at the spot, to which, they replied that they assembled there for making preparations to commit dacoity in the SC No. 1/2011 Page 3/10 -:4:- liquor shop situated at Anaj Mandi. Personal search of all the accused persons was conducted. Accused Vinod @ Bhura was found in possession of one country made revolver, which was recovered from the right dub of his pant. One iron pipe/rod was recovered from the left hand of the accused Ravi. Accused Satya and Shanker both were found in possession of one iron chain each.
The country made pistol, recovered from accused Vinod @ Bhura was opened and checked. Same was found containing two live round. ASI Surat Singh prepares the sketch of country made pistol and the live cartridges. On measurement, total length of country made pistol was found to be 22 cm, length of barrel was found to be 8.9 cm, length of body was found to be 10 cm, length of handle (dasta) was found to be 7.6 cm. There was wood affixed on both the sides of the handle (dasta). Words "Made in Japan" were engraved on the barrel. The revolver was made of iron metal. On measurement, the length of both the rounds was found to be 3 cm each. Words "KF 325& WL" were written on the both the rounds. ASI Surat Singh also prepared the sketch of the recovered live cartridges, turned the same into a parcel and put the seal of SSP.
The iron rod, which was recovered from the possession of accused Ravi was measured. The total length of the rod was found to be 75 cm. Same was also turned into a parcel and sealed with the seal of SSP. On measurement, the total length of both the iron chains, recovered from accused Satya and Shanker, was found to be 4 ½ feet each. Same was also turned into a parcel and sealed with the seal of SSP. All the recovered arms/articles were taken into possession vide separate seizure memo's. Seal after use was handed over to Ct. Ashok Kumar. FSL form was also filled at the spot.
Since, all the above named accused persons had assembled for making preparation to commit dacoity and were armed with illegal weapons ASI Surat Singh prepared the rukka and got SC No. 1/2011 Page 4/10 -:5:- present case registered through Ct. Mahabir, under Section 399/402 IPC r/w Section 25/54/59 Arms Act.
Further investigation of case was handed over to SI Zile Singh. During investigation SI Zile Singh, prepared the site plan at the pointing out of ASI Surat Singh, obtained the case property, recorded the statement of the witnesses u/s 161 Cr.P.C and on the basis of available evidence, arrested all the accused persons in the present case. Exhibits of the case i.e the revolver and the cartridges were sent to FSL, Rohini, for analysis and expert opinion. Sanction u/s 39 Arms Act was also obtained. On completion of investigation chargesheet u/s 399/402 IPC read with Section 25/54/59 Arms Act was put in the court, against all the accused persons.
5. In order to prove its case prosecution examined as many as ten witnesses, as under:-
PW1 Ct. Ashok Kumar one of the member of the raiding team, who apprehended the accused persons.
PW2 Ct. Hoshiyar Singh one of the member of the raiding team, who apprehended the accused persons.
PW3 Insp. Vikramjeet proved the the sanction u/s 39 Arms Act dated 26.9.2008, Ex PW3/A, accorded by Sh. Vivek Kishore, the then Additional DCP, South West District.
PW4 HC Giriraj took the exhibits of the case from MHC(M) and deposited the same at FSL, Rohini.
PW5 Sh. Punit Puri Senior Scientific Officer, (Ballistics) FSL Rohini, who proved his report Ex PW5/A. PW6 HC Devender Kumar the then MHC(M) P.S Najafgarh, with whom, the IO deposited the case property of the case.
PW7 HC Kalu Ram one of the member of the raiding team, who apprehended the accused persons.SC No. 1/2011 Page 5/10 -:6:-
PW8 Retd. SI Zile Singh 2nd IO of the case, who filed the chargesheet in the court.
PW9 ASI Surat Singh Initial IO of the case, who received the secret information.
PW10 HC Mahavir one of the member of the raiding team, who apprehended the accused persons and got the present FIR Ex PW10/A, registered.
Thereafter prosecution evidence was closed.
6. In the statement recorded under Section 313 Cr.P.C, all the accused person denied all the incriminating evidence and circumstances appearing in evidence against them and claimed false implication. However, accused persons opted not to lead evidence in their defence.
7. I have heard Sh. Devinder Kumar, Ld Chief Prosecutor on behalf of the State and Sh. Mohit Ramdev, counsel for the accused persons and also perused the entire evidence as well as the material placed on record.
8. Ld APP submits that on 15.2.2008, while ASI Surat Singh along with HC Dara Singh, Ct. Kalu Ram, Ct. Ashok Kumar, Ct. Hoshiar Singh, Ct. Mahavir and Ct. Tej Veer, was on patrolling duty in the area, he received a secret information at about 8.40 pm, that 4-5 miscreants have assembled at Cremation Ground, Jharoda Road, Gopal Nagar, Najafgarh, Delhi and are planning to commit dacoity and if raid is conducted, they could be apprehended with illegal weapons. ASI Surat Singh, immediately, organized a raiding party comprising of patrolling team members and reached at the spot. There, on the pointing out of the secret informer, ASI Surat Singh overheard the conversation of the accused persons and after the SC No. 1/2011 Page 6/10 -:7:- signal was given by ASI Surat Singh, the raiding party members apprehended the accused persons. From the possession of the accused persons, one country made revolver and two live cartridges, one iron pipe and two iron chains were recovered.
Ld APP has further submitted that in support of its case, prosecution has examined ten witnesses in all and all the aforesaid witnesses have specifically and categorically supported the case of the prosecution, therefore, the accused persons be convicted as per the charge sheet filed against them.
9. On the other hand, Ld. Defence counsel has submitted the allegations against the accused persons are false. Nothing was recovered at the instance of the accused persons. The accused persons were lifted from their respective houses. The IO of the present case is bias.
Ld defence counsel has further submitted that the prosecution has failed to prove its case beyond reasonable doubt. The alleged recoveries are planted on the accused persons and there is no sufficient ground and evidence on record to bring home the conviction of the accused persons and as such, all the accused persons be acquitted from the charges framed against them.
10. Thus, from the above submission of the respective parties, following points arises for determination in this case:
(i) Whether the prosecution has been able to prove its case against all the accused persons beyond reasonable doubt, if so, its effect?
(ii) Final order.SC No. 1/2011 Page 7/10 -:8:-
11. For the reasons to be recorded hereinafter, while discussing the points for determination, my findings are as under:
Point No.1 : No. Final Order: Accused Ravi, Shankar, Sonu @ Suresh and Vinod @ Bhura are acquitted as per the operative part of the judgment.
REASONS FOR FINDINGS
12. The case of the prosecution is that on 15.2.2008, at about 8.40 pm, a ASI Surat Singh received a secret information that 4-5 miscreants have assembled at Cremation Ground, Jharoda Road, Najafgarh and are planning to commit dacoity and they are armed with illegal weapons. A raiding party was formed. The said raiding party rushed to the spot and accordingly, after hearing the conversation of the accused persons, the raiding party succeeded in apprehending all the accused persons. From the possession of the accused persons, one country made revolver and two live cartridges, one iron pipe and two iron chains were recovered.
13. In order to prove its case, prosecution examined ten witness in all. As per version of PW9 ASI Surat Singh, he received the secret information. PW 9 ASI Surat Singh, during his cross- examination has admitted that he has not made any DD Entry regarding the said oral/secret information. There is no explanation on record as to why PW 9 ASI Surat Singh has not reduced down the said secret information into writing, when he received the same. To show the bonafidy/transparency in the raid, PW9 ASI Surat Singh, did not bother to reduce down the said secret information into the writing. The non reducing of the secret information into writing, itself goes to the root of the case whether the version given by PW 9 ASI Surat Singh "is correct" or not.
SC No. 1/2011 Page 8/10 -:9:-14. All the witnesses examined by the prosecution are the official/police witnesses and their statements does not inspire confidence, particularly, when, statement of any of the police witnesses, who apprehended the accused persons, does not discloses which of the accused person spoke what, while they were planning to commit dacoity. Mere saying that the accused persons assembled, for making preparations to to commit dacoity in the liquor shop, does not shift the onus of prosecution to prove its case. PW9 ASI Surat Singh, PW10 HC Mahavir and PW7 HC Kalu Ram, were the members of the raiding party. During their cross- examination, none of witnesses have stated that which accused spoke what, at the spot while they were planning to commit dacoity. PW 9 ASI Surat Singh, who, as per the prosecution story, overheard the conversation of the accused persons, during his cross-examination has specifically stated that which accused, spoke what was not hard by him.
15. Apart from this, none of the public witnesses have been joined at the time of apprehension of the accused persons. There is no explanation on the record, as to why public witnesses were not joined at the time of apprehension of the accused persons. Mere saying that the public witnesses refused to join the raiding party, does not shift the onus of prosecution to prove its case, particularly, in absence of written notice or any other step taken to show the transparency.
16. So far as the recovery of one country made revolver and two live cartridges, one iron pipe and two iron chains, is concerned, none of the police witnesses have stated that they had offered their search to the accused persons before the search of the accused persons. In the cross-examination of PW1 Ct. Ashok Kumar, PW2 Ct.
SC No. 1/2011 Page 9/10 -:10:-Hoshiyar Singh, PW7 HC Kalu Ram, PW9 ASI Surat Singh and PW10 HC Mahavir, they have categorically admitted that prior to taking search of the accused persons, they have not offered their personal search to the accused persons. Non offering of personal search, by the police personals to the accused persons, before their search, creates doubt whether the case property, as alleged to be recovered from the possession of the accused persons, was actually recovered from the accused persons or was planted upon them.
In view of the above discussion, the prosecution case creates doubt and as such I acquit accused Ravi, Shankar, Sonu @ Suresh and Vinod @ Bhura. File be consigned to record room and be revived against accused Satya (Proclaimed Offender), as and when he is apprehended or surrender before the court.
Announced in open court on 8.3.2011 (I.S Mehta) DJ-1X-cum-ASJ I/C Dwarka Courts/Delhi.
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