Delhi District Court
Criminal Case/362/2007 on 19 May, 2012
FIR No. 362/07 S/v Neeraj U/s 379/411 IPC PS: Subzi Mandi IN THE COURT OF SH. NEERAJ GAUR, LD.METROPOLITAN MAGISTRATEIII/NORTH, DELHI FIR No. 362/07 S/v Neeraj U/s 379/411 IPC PS: Subzi Mandi C/N. 3127/T U. ID No. 02401R1093052007 Date of Institution : 19.09.2007 Date of commission of offence : 26.07.2007 Name of the complainant : Sh. Satish Kumar S/o Sh. Parthvi Chand. Name and address of accused : Neeraj s/o Rambabu, r/o H. No. 5574/6, New Chandrawal, Delhi. Offence complaint off : U/S 379/411 IPC Plea of guilt : Pleaded not guilty Final Order : Convicted u/s 379/411 IPC. Date of reserve for order : 19.05.2012 Date for announcing the order : 19.05.2012. Brief facts and pre trial proceedings: 1.
The case of the prosecution, as disclosed in the chargesheet is that on 26.07.07 at about 09.30 am, complainant Sh. Satish Kumar / U. ID NO. 02401R1093052007 Page No. 1 FIR No. 362/07 S/v Neeraj U/s 379/411 IPC PS: Subzi Mandi PW5 was present at his Tea Shop at Malka Ganj and the galla was kept on the counter in open condition. Accused suddenly pounced on the galla and took out currency notes amounting to Rs. 230/ and some Tea Slips. Complainant / PW5 raised an alarm pursuant to which, Javed Khan / PW4 who was present in the nearby Rehri of fruit juice, chased and apprehended the accused near Laxmi Narain Temple. From his possession, the aforementioned stolen money and articles were recovered from the right side pocket of his pant. On receipt of DD no. 36B Ex.PW7/B, PW7 SI Prabhat Sharma along with PW6 Ct. Bir Pal Singh reached at the spot i.e. G57, Malka Ganj where the custody of the accused was handed over by complainant. After recording the complaint of the complainant, tehrir was prepared on the basis of which the FIR was got registered. Accused was arrested, case property was seized and after completion of the investigation, accused was chargesheeted and sent up for trial.
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2. Copies were supplied to the accused persons and after necessary compliances charge u/s 379/411 IPC was framed against the accused. Accused pleaded not guilty and claimed trial.
Trial
3. To prove the charge, prosecution examined six witnesses in total whose depositions are being discussed in brief as follows :
(i). PW1 ASI Bachan Prakash is the duty officer who has proved the FIR as Ex.PW1/A and his endorsement as Ex.PW1/B.
(ii). PW3 L/Ct. Prem Wati (wrongly mentioned as PW3 instead of PW2 and numbering of remaining PWs were also mentioned in such sequence), deposed about the DD entry No. 36B which is Mark A.
(iii). PW4 Javed Khan deposed that he earned his livelihood by selling fruits juice on his Rehri in front of G57, near Park, Malka Ganj, Delhi. On 26.07.07, he was present at his juice Rehri and it U. ID NO. 02401R1093052007 Page No. 3 FIR No. 362/07 S/v Neeraj U/s 379/411 IPC PS: Subzi Mandi was around 09.30 am when he heard the sounds of "Chor chor"
which were coming from the nearby tea shop of Satish Kumar. He saw that Satish Kumar was chasing a person shouting "chor - chor" . He further deposed that he also started chasing that person and they apprehended that person near Laxmi Narain Temple who, after interrogation disclosed his name as Neeraj s/o Sh. Ram Babu. On search, Rs. 230/ (two currency notes in the denomination of Rs. 100/ each and three currency notes in the denomination of Rs. 10/ each) were recovered from the right side pocket of his pant and 8 tea slips were also recovered from the right side pocket of his pant. Matter was reported to the police. Police reached at the spot. Accused along with the currency notes and tea slips was handed over to the police. Satish Kumar told that the accused had stolen the currency notes and tea slips from his Galla. The currency notes and the tea slips were sealed and U. ID NO. 02401R1093052007 Page No. 4 FIR No. 362/07 S/v Neeraj U/s 379/411 IPC PS: Subzi Mandi seized by the police. Seizure memo to this effect is Ex.PW4/A. He proved the arrest and personal search memos of the accusedas Ex.PW4/B & PW4/C respectively. He correctly identified the accused and case property in the Court. The case property has been exhibited as Ex.P1 (Colly.).
(iv). PW5 Satish Kumar is the complainant in the present case who supported the prosecution case and deposed that at the ground floor of his house, he was running a tea shop. On 26.07.07 at about 09.00/09.30 am, he was present at the counter of his shop and his galla was kept at the counter in an open condition and he was talking with the customer and suddenly accused came to his shop and he pounced upon his galla and took out some currency notes from the galla and some tea slips. He further deposed that there were Rs. 230/ in his galla (Two notes of Rs. 100/ each and three notes of Rs. 10/ each) and all of them U. ID NO. 02401R1093052007 Page No. 5 FIR No. 362/07 S/v Neeraj U/s 379/411 IPC PS: Subzi Mandi were picked up by accused. Thereafter, accused started running from there. He further deposed that he chased him shouting "chor - chor". One Javed Khan who used to sell fruit juice on Rehri in front of his shop, also chased the accused with him.
They apprehended the accused near Laxmi Narain Temple. Accused after interrogation disclosed his name as Neeraj s/o Ram Babu. Police was informed and police reached at the spot. Accused was handed over to the police. He proved his statement, recorded by the police as Ex.PW5/A. Police took search of the accused and from the right side pocket of his pant, Rs. 230/ stolen from his galla and 8 tea slips were recovered, which were sealed and seized by the police. Seizure memo to this effect is Ex.PW4/A. Arrest memo and personal search memo of accused are Ex.PW4/B & PW4/C respectively. He correctly identified the accused and case property in the Court.
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(v). PW6 Ct. Veer Pal and PW7 SI Prabhat Sharma deposed that on 26.07.07, DD no. 36B DD Ex.PW7/A was handed over to PW7 SI Prabhat Sharma and thereafter he along with PW6 / Ct. Veerpal Singh had reached at H.No. G57, Malka Ganj, Delhi where one person namely Satish Kumar met them who handed over to them accused Neeraj, S/o Ram Babu saying that the accused Neeraj had committed theft from his galla. PW7 took search of accused Neeraj and on search two Indian currency notes in the denomination of Rs.100/ each and three Indian currency notes in the denomination of Rs.10/ each and 8 slips on which some particulars qua tea to various persons were written, were recovered from the front right side pocket of the pant of the accused. The amount and tea slips recovered from the accused were put in a white envelop and the envelop was sealed with the seal of PKS and was seized vide seizure memo Ex. PW4/A. U. ID NO. 02401R1093052007 Page No. 7 FIR No. 362/07 S/v Neeraj U/s 379/411 IPC PS: Subzi Mandi PW7 recorded the statement of complainant Satish Kumar which is Ex.PW5/A. PW7 prepared tehrir which is Ex.PW7/B and handed over the same to PW6 / Ct.Veerpal, who went to the PS, got the case registered and returned at the spot along with copy of FIR and original tehrir and handed over the same to PW7 who made interrogations from the accused and arrested the accused. Arrest memo and personal search memo of accused are Ex. PW4/B and PW4/C respectively. Disclosure statement made by accused is Ex.PW6/A. Accused was again searched and one Rs. 100/ note was recovered from the back side of pocket of accused and qua that note, accused disclosed that it was robbed by him along with his associates from a person on the night of 22.07.2007. The said note was also put in a white envelop and envelop was sealed with the seal of PKS and was seized vide seizure memo Ex. PW6/B. One public witness namely Javed U. ID NO. 02401R1093052007 Page No. 8 FIR No. 362/07 S/v Neeraj U/s 379/411 IPC PS: Subzi Mandi Khan was also present there with the complainant who told PW7 that he had helped the complainant in apprehending the accused. Case property was deposited in Malkhana and accused was put in lockup. He correctly identified the accused and currency notes, tea slips / case properties in the Court.
Statement of accused and defence
4. After concluding prosecution evidence, accused Neeraj has been examined u/s 313 CrPC on 19.05.2012. During statement u/s 313 CrPC, accused stated that he was falsely implicated in the present case. He did not choose to lead any evidence in defence. Arguments and appreciation of evidence in the light of legal propositions:
5. In the instant case, prosecution has placed reliance mainly on the statement of PWs4 and 5 who were the recovery witnesses and there is nothing on record to show that they are untruthful or unreliable witness. All the witnesses examined by the prosecution, have sufficiently U. ID NO. 02401R1093052007 Page No. 9 FIR No. 362/07 S/v Neeraj U/s 379/411 IPC PS: Subzi Mandi established the identity of accused persons as the one who committed the theft and who was apprehended with the stolen money and tea slips at the spot itself. PW5 Satish Kumar / complainant proved the fact in issue of theft of stolen money and tea slips committed by the accused from his galla. PW4 Javed and PW5 Satish categorically deposed that they chased the accused and apprehended him with the stolen money and stolen articles. All the material witnesses correctly identified the accused as well as the case property in the Court. The fact in issue that the recovery of stolen money and tea slips were effected from the possession of the accused has also been proved beyond shadow of doubts.
6. The evidence of prosecution establish that the accused Neeraj dishonestly removed Rs. 230/ and some tea slip / papers from the possession of complainant Satish Kumar without his consent which were recovered from the possession of the accused which, he received or U. ID NO. 02401R1093052007 Page No. 10 FIR No. 362/07 S/v Neeraj U/s 379/411 IPC PS: Subzi Mandi retained knowing the same to be stolen property. Hence, accused Neeraj is held guilty for the offence u/s 379 and 411 IPC.
Conclusion
7. In view of the above discussion, the accused Neeraj is convicted for the offences u/s 379 / 411 IPC.
Arguments on sentence shall be heard separately.
Announced in open court (Neeraj Gaur)
today i.e. 19.05.2012 Metropolitan MagistrateIII/N
Tis Hazari Courts, Delhi
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