Delhi District Court
State vs ) Gaurav Sharma @ Golu on 16 September, 2011
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IN THE COURT OF SH. GURDEEP SINGH
ADDITIONAL SESSION JUDGE-04, NORTH-EAST DISTRICT
KARKARDOOMA COURTS : DELHI
FIR No. : 119/2010
PS : Bhajanpura, Delhi
U/s : 398/387/507/506/34 IPC
25/54/59 of Arms Act
Unique Case ID : 02402R0277012010
In the matter of
State
Versus
1) Gaurav Sharma @ Golu
S/o Sh. Laxmi Narayan
R/o H.No. 1/4744, Gali No. 7
Balbir Nagar Ext. Delhi.
2) Gaurav Negi @ Goru
S/o Sh. Chandan Singh
R/o C-8/144, Yamuna Vihar, Delhi.
3) Nareshwar @ Ishwar @ Kanchi
S/o Nain Singh
R/o H.No. C-1/271, Yamuna Vihar, Delhi.
4) Mukesh @ Golu
S/o Ashok Kumar
R/o H.No. E-198, Indra Gali
Chajjupur, Delhi. ........Accused Persons
Session Case No. : 67/2010
Date of Institution : 07.06.2010
Date of reserving judgment/order : 16.09.2011
Date of pronouncement : 16.09.2011
FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 1 of 13
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J U D G M E N T
1. Accused persons namely Gaurav Sharma @ Golu, Gaurav Negi @ Goru, Nareshwar @ Ishwar and Mukesh @ Golu were sent up to stand trial by police of PS: Bhajanpura, Delhi, for offence punishable U/s : 398/387/507/506/34 IPC & 25/54/59 of Arms Act.
2. Briefly, the case of the prosecution is that on 12.03.2010, complaint was made by one Rajesh Narang that on 11.03.2010, at about 8.30, he was sitting in his hotel. Some boys came in an Alto car bearing No. DL-9C-QS-1229 and called him. They demanded Rs.60,000/- from him and when he protested, they showed him revolver and asked him to sit in the car, on the point of revolver. He pushed the revolver from his hand and ran away from there. He identified those boys namely Kanchi, Gaurav, Negi and Mukesh. Negi was driving the car and when he raised alarm, they ran away from there. Thereafter, about 25-30 minutes, they made him call over his mobile phone and threatened him and demanded Rs. 5 Lakhs from him. On the basis of statement of Rajesh Narang, FIR U/s 398/387/507/506/34 IPC & 25/54/59 of Arms Act was registered against the accused persons. Thereafter, investigation was entrusted to IO/ASI Rameshwar Prasad. During the investigation, accused Gaurav Sharma and Gaurav Negi were FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 2 of 13 3 apprehended on the identification of the complainant. Alto car was also recovered from the house of accused Gaurav Negi. Thereafter on 08.04.2010, accused Nareshwar @ Ishwar @ Kanchi was arrested in FIR No. 168/2010 U/s 387/506/34 IPC and he disclosed about the commission of this offence. He was formally arrested his case and taken on Police Custody Remand. He gave his supplementary disclosure statement and got recovered the country made pistol loaded with four live cartridges. Thereafter on 07.05.2010, accused Mukesh had surrendered before the court and he was formally arrested in this case. After the completion of investigation, charge-sheet was filed against the accused persons.
3. After supplying the necessary copies to the accused persons, the case was committed to the court of session vide order dated 25.09.2010 by Ld. Metropolitan Magistrate.
4. Vide order dated 15.02.2011, after finding prima-facie offence, accused persons namely Gaurav Sharma @ Golu, Gaurav Negi @ Goru, Nareshwar @ Ishwar and Mukesh @ Golu were charged for offence punishable U/s 393/34 IPC, 398/34 IPC and 506/34 IPC. All the accused persons were also charged for offence punishable U/s 27 of Arms Act read with Section 34 IPC. Accused Nareshwar @ Ishwar @ Kanchi was also separately charged for offence punishable U/s 25 of Arms Act.
FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 3 of 134 Charges were read over and explained to the accused persons, to which, they pleaded not guilty and claimed trial.
5. The prosecution in support of their case examined as many as 07 witnesses.
6. The prosecution examined following material witness:
i. PW-1 Sh. Rajesh Narang is the complainant of this case.
He, however, turned hostile towards the prosecution case. Hence, the witnesses with respect to recovery of country made pistol were examined.
7. The prosecution also examined following formal witnesses :
i. PW-4 Dr. B.K Singh, Addl. DCP who granted sanction under Section 39 of Arms Act to prosecute the accused Nareshwar @ Ishwar @ Kanchi U/s 25 of Arms Act vide his sanction order Ex.PW5/A. ii. PW-5 H.C Haider Ali was the Duty Officer, who on the basis of rukka, recorded the FIR of this case and proved the computerized copy of the same as Ex.PW5/A and his endorsement on rukka as Ex.PW5/B. He also proved the endorsement of SHO on rukka at encircled portion X. iii. PW-6 H.C Yashvier Singh was the MHC(M) with FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 4 of 13 5 whom case property was deposited at Malkhana. On 24.05.2010, he sent the parcel to FSL Delhi through Ct.
Vijay vide RC No. 49/21. He proved the relevant entries as Ex.PW6/A, copy of R/C and acknowledgment as Ex.PW6/B and Ex.PW6/C.
8. The prosecution also examined following witnesses of investigation :
i. PW-2 Ct. Amit Kumar who produced the second disclosure statement of accused Nareshwar @ Ishwar @ Kanchi as Ex.PW2/A. He is also the witness of recovery effected at the instance of accused Nareshwar. He proved the sketch of pistol and cartridges as Ex.PW2/A1, its seizure memo as Ex.PW2/B. He identified pistol as Ex.PW2/Article-1 and cartridges as Ex.PW2/Article-2 collectively.
ii. PW-3 Ct. Vijay Kumar is also the witness of recording of second disclosure statement of accused Nareshwar and recovery at his instance.
iii. PW-7 ASI Rameshwar Prasad is the Investigating Officer who in addition to other memos proved the site plan prepared at instance of complainant as Ex.PW7/A, disclosure statement of accused Gaurav Sharma FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 5 of 13 6 Ex.PW7/B, arrest memo of accused Gaurav Negi as Ex.PW7/C, disclosure statement of accused Gaurav Negi as Ex.PW7/D, copy of disclosure statement of accused Nareshwar made by him in FIR No. 168/2010 as Ex.PW7/E , arrest memo of accused Nareshwar @ Ishwar as Ex.PW7/F, disclosure statement as Ex.PW7/G, site plan of place of recovery as Ex.PW7/H, arrest memo of accused Mukesh as Ex.PW7/I, personal search memo as Ex.PW7/J, disclosure statement of accused Mukesh as Ex.PW7/K and FSL result Ex.PW7/L. He identified photographs of Alto car as Ex.PW7/P1 to Ex.PW7/P4 .
9. After conclusion of the Prosecution Evidence, Statements of accused persons were recorded U/s 313 Cr.PC, wherein, accused persons denied the prosecution evidence and claimed innocence.
i. Accused Gaurav Negi in his statement has stated that he has been falsely implicated in this case by police. He was arrested by police from his house. He did not make any disclosure statement. Police obtained his signatures on blank papers. His car was parked in the garage of his house from where it was seized. He choses not to lead defence evidence.
ii. Accused Nareshwar @ Ishwar @ Kanchi in his statement has stated that he has been falsely implicated in this case by the police in connivance with their stooges (chamche) who were FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 6 of 13 7 enmical to him. Nothing has been recovered at his instance. Case property has been planted upon him. He did not make any disclosure statement. Police obtained his signatures on blank papers. He also choses not to lead defence evidence.
iii. Accused Gaurav Sharma @ Golu in his statement has stated that He has been falsely implicated in this case by police. He was arrested by police from his house. He did not make any disclosure statement. Police obtained his signatures on blank papers. He also choses not to lead defence evidence.
iv. Accused Mukesh @ Golu in his statement has stated that he has been falsely implicated in this case by police. He surrendered himself in the court as there was false case registered against him. He did not make any disclosure statement. Police obtained his signatures on blank papers. He also choses not to lead defence evidence.
10. I have heard Sh. Virender Singh, Ld. Addl. PP and Sh. N.S Raghav, Advocate for accused Nareshwar and Mukesh, Sh. S.K Ahluwalia, Advocate for accused Gaurav Sharma, Sh. Nilendu Vatsayan, Advocate for accused Gaurav Negi. I have also gone through the record.
11. PW-1 Sh. Rajesh Narang, complainant, testified that on 11.03.2010, at about 8.30 PM, he was sitting at the counter of his FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 7 of 13 8 hotel which is situated at C-11/199, Yamuna Vihar Delhi and in the meantime, three-four unknown boys came there and started creating nuisance and quarreling with the working staff and when he objected to them, they also quarreled with him and gave beatings and thereafter, they ran away from there while threatening him to kill. He called the police. He went to Police Station and lodged the complaint. He stated that police officials his signatures on some blank papers. He failed to identify the accused persons being culprits.
12. PW-1 Sh. Rajesh Narang was declared hostile by Ld. Addl. P.P for the State. In his cross-examination on behalf of prosecution, he admitted that complaint Ex.PW1/A bears his signatures and voluntarily, stated that police officials had obtained his signature on some blank papers, when he went to lodge the complaint. He also admitted his signatures on arrest memo of accused Gaurav Sharma and Gaurav Negi, on their personal search memos and on seizure memo of Alto car. However, voluntarily stated that he had signed some blank papers at the instance of police officials at the Police Station. He denied the suggestion that accused persons namely Gaurav Sharma, Gaurav Negi, Nareshwar @ Ishwar @ Kanchi and Mukesh @ Golu are the same boys who demanded Rs. 60,000/- from him and threatened him on the point of revolver and pistol.
FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 8 of 139
13. PW2 Ct. Amit Kumar testified that on 09.04.10, he along with Ct. Vijay joined the investigation of this case. IO ASI Rameshwar obtained the PC remand of the accused Nareshwar @ Ishwar @ Kanchi and he was interrogated by the IO in their presence. Accused had disclosed that he can get recover the weapon of offence i.e pistol which was used in this case. He gave his second disclosure statement to the IO which is Ex. PW2/A. Accused Nareshwar in pursuance of his disclosure statement led them at C-4, Yamuna Vihar, Service Road, Wazirabad Road, Green belt and from beneath the grass near the tree, he took out one polythene which found containing pistol containing four cartridges and produced the same to the IO. IO measure the length and width of the pistol and cartridges and prepared the sketch of the same and seized the same through seizure memo Ex. PW2/B.
14. PW-3 Ct. Vijay Kumar similarly corroborated PW-2 Ct. Amit Kumar regarding recovery at the instance of accused Nareshwar @ Ishwar @ Kanchi.
15. PW-7 ASI Rameshwar Prasad also stated same that accused Nareshwar in pursuance of his disclosure statement led them at near Gokalpur Fly over near C-4 Yamuna Vihar, Service Road, Green Belt and near the tree, beneath the grass and leaves and got recovered one pistol loaded with four cartridges.
FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 9 of 1310
16. Ld. Counsel for the accused has submitted that there are material inconsistencies in the testimonies of recovery witnesses. Recovery at the instance of accused Nareshwar @ Ishwar is doubtful. No public witness has been joined in the investigation despite the fact that they were available. They had gone alongwith accused in pursuance of disclosure statement. They had ample time to join the public witnesses.
17. PW-2 Ct. Amit Kumar in his cross-examination has testified that they reached at the place of recovery at about 4:30 pm by foot. No public witness had joined the investigation despite the request of the IO. They also refused to disclose their names and addresses. No shopkeeper or the local residence on the way was asked to join the investigation prior or after the recovery of the pistol. He admitted that the place of recovery is located in the residential area. IO prepared the documents while sitting on the motorcycle at about 5 pm.
18. PW-3 Ct. Vijay Kumar in his cross-examination has stated that the disclosure statement of accused Nareshwar was recorded in his presence at PS Bhajanpura by the IO. IO did not try to join the public witness in the investigation before recording the disclosure statement of accused Nareshwar in his presence. The PC remand of the accused Nareshwar was obtained at about 3:30 pm from the concerned court of PS Bhajan Pura. The disclosure FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 10 of 13 11 statement of the accused was recorded at about 6 pm. They left the PS after recording the disclosure statement of accused Nareshwar for the place of alleged recovery. The area between the place of alleged recovery and the PS is a thickly populated area. No one from the public person were asked by the IO to join the investigation in his presence. They reached at the place of recovery within 15-20 minutes i.e at about 6:30 pm. The place from where the alleged recovery was effected was also a thickly populated place. No one from public at the place of alleged recovery was asked by the IO to join the investigation. IO did not put any specific identification mark on the recovered pistol. The seizure memo was prepared by the IO at the place of recovery while sitting on the motorcycle at about 8 pm under the street light. They stayed at the spot upto 8:45 pm.
19. On the other hand, PW-7 ASI Rameshwar Prasad in his cross-
examination has stated that accused Nareshwar led them at the place of recovery at about 6 PM from PS and went there on foot and reach there within 20 minutes. They stayed there for about one hour. He had asked the nearby shopkeeper to join the investigation but none agreed. He did not mention this fact in his case diary. He also did not give them any notice on refusal of joining the investigation. He prepared all the documents while sitting on the motorcycle at the place of recovery. He does not know the owner of the motorcycle but it was stationed in front of FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 11 of 13 12 his house (it should be one house) near the place of recovery and that house was locked. They returned back to the police station at about 7.30 PM/7.45 PM.
20. There is an inconsistency in the testimony of all the three witnesses with respect to the time when they reached at the place of recovery. PW-2 Ct. Amit Kumar claims that they reached at the place of recovery at about 4.30 PM. PW-3 Ct. Vijay claims that they reached at the place of recovery at about 6.30 PM. PW-3 states that they stayed at the spot upto 8.45 PM. IO claims that they returned back to the police station at about 7.30/7.45 PM. All the three witnesses have admitted that there is a residential area nearby. IO claims that he had requested the shopkeepers to joined the investigation. Whereas, other two witnesses states that shopkeepers were not asked to join the investigation. Admittedly, the place from where the recovery was effected was located in residential area but it appears that no genuine effort has been made to join the public witness in the investigation. The version of all the three witnesses with respect to the time when they reached at the place of recovery and stayed there is also inconsistent. Therefore, recovery allegedly at the instance of accused Nareshwar @ Ishwar @ Kanchi is not free from doubt. Accused Nareshwar @ Ishwar @ Kanchi is entitled to benefit of doubt.
FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 12 of 1313
21. As regards other accused persons, material witness i.e PW1 Sh.
Rajesh Narang has not supported the prosecution case. Therefore, there is nothing on record against accused persons namely Gaurav Sharma @ Golu, Gaurav Negi @ Goru and Mukesh @ Golu.
22. Accordingly, as per the discussion above, I am of the opinion that prosecution has miserably failed to prove their case against accused persons namely Gaurav Sharma @ Golu, Gaurav Negi @ Goru, Nareshwar @ Ishwar @ Kanchi and Mukesh @ Golu beyond reasonable doubt. They are accordingly acquitted of the charges. Their bail bonds stands cancelled. Sureties discharged. Case property, if any, be destroyed after the expiry of appeal period. File be consigned to record room.
Announced in the open court today i.e on 16.09.2011 GURDEEP SINGH ASJ-04/NE/KKD/DELHI FIR No.:.119/2010, PS : Bhajanpura, Delhi Page 13 of 13