Delhi District Court
State vs . on 22 September, 2018
Page 1 of 58
IN THE COURT OF SH VIRENDER KUMAR GOYAL,
ADDL. SESSIONS JUDGE04, WEST DISTRICT,
TIS HAZARI COURTS, DELHI
SC No. 56128/16
FIR No. 216/2011
P.S. Vikas Puri
U/Sec.392/397/394/450/34 IPC &
Section 25/27/54/59 Arms Act
State
Vs.
1.Sanjay Shokeen @ Sandeep s/o Sh. Om Prakash R/o H. No. 106, Oumrruddin Nagar, Nangloi, Delhi
2. Sachin @ Ramu S/o Sh. Shiv Kumar R/o C57, Gali no. 7, Shiv Ram Park, Nangloi, Delhi.
3. Surender @ Sonu @ Bucha State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 2 of 58 S/o Mahender Singh R/o H. No. F96, Rajendra Park Extn., Nangloi, Delhi.
Date of committal to Court of Sessions : 27.08.2011
Final Arguments concluded on : 11.09.2018
Date of Judgment : 22.09.2018
J U D G M E N T
1. The present case has been registered against the accused person in PS Vikas Puri on the statement of complainant Tilak Raj that on 14/06/2011 at about 10.40 pm two unknown persons came at his medical shop at E Block, Vikas Puri and robbed Rs 41,000/ cash on gun point and when his father Sh. Gyan Chand opposed and tried to stop them, one of them fired a bullet which hurt his father in his right thumb. After that they ran away in a Swift Dzire car.
2. Thereafter, on completion of investigation chargesheet under Sections 397/411/482/34 IPC and under Section 25/27/54/59 Arms Act was filed on 16.08.2011 before the Court of Ld. MM, West District, Tis Hazari Court, Delhi and vide order dated 24.08.2011, Ld. MM committed the case to the Court of Sessions.
State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 3 of 58
3. Vide order dated 12/03/2012, charge u/s 392/394/397/450/34 IPC and u/s 25 & 27 Arms Act was framed against all the accused persons to which they pleaded not guilty and claimed trial.
4. During the trial, the prosecution has examined 21 witnesses.
5. PW1 ASI Sumer Singh has stated that in the intervening night of 14/15.06.2011, while he was posted at P.S. Vikas Puri, at about 1.50 a.m. Ct. Kalu Ram came to him and handed over rukka sent by ASI Jagbir for the registration of the case and he got registered the FIR Ex.PW1/A and he also made the endorsement on rukka Ex.PW1/B.
6. PW1 has further stated that he has prepared certificate u/s 65B of Indian Evidence Act Ex PW1/C regarding the recording of the present FIR on computer.
7. PW2 Tilak Raj has stated that on 14.06.2011, at about 10.40 p.m., he alongwith his father Shri Gian Chand was present at chemist shop and they were ready to leave their shop to go to their house and he was counting the cash at that time. Two boys aged about 35/40 years old entered inside their shop at that time and one of those State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 4 of 58 two boys asked him to provide one tablet of N10. He told that boy that there is no tablet available in his shop under the brand of N10. Thereafter, one of those two boys closed the door of his shop from inside and he started wrapping muffler around his face and other boy took out pistol from the right pocket of his wearing pant and he exhorted to his father by pointing pistol towards him and the boy who was carrying pistol has snatched bag containing cash amounting of Rs.41,000/ approximately, which were in the denomination of 100/500 currency notes. When his father tried to intervene and to snatch the pistol from the hand of that boy, the said boy fired from the said pistol and caused bullet injury to his father on his right hand. Those two boys ran away from the spot after opening the door from his shop alongwith the robbed cash amount and bag, by sitting in a white colour Swift D'zire car, which was parked and was ready in starting position.
8. PW2 has further stated that he informed the PCR at No.100 from his mobile phone bearing No.9897484637. PCR van reached at the spot. His father was removed from the spot by the PCR van in an injured condition and he was taken to DDU Hospital. One ASI from Local Police Station alongwith the staff reached at the spot. His statement Ex PW2/A was recorded by the ASI. He had told the description and age group of those two boys to the I.O.
State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 5 of 58
9. PW2 has identified both accused Sanjay Shokeen @ Sandeep and Surinder @ Sonu @ Guchha in the court during his examination in chief and said that accused Sanjay Shokeen @ Sandeep is the same person who was carrying pistol in his hand and has snatched the cash amount and bag from his possession and had fired upon his father and accused Surinder @ Sonu is the same person who entered the shop and asked for N10 tablet and he closed the door of the shop from inside and started wearing muffler.
10. PW2 has further stated that blood started oozing out from the bullet injury on the hand and the same was scattered on the floor of the shop. Accused persons have also thrown empty cartridge which was fired. IO lifted blood, blood stained floor stained floor after breaking the same at the spot. IO also lifted empty case from the spot and same were sealed in pullanda. IO prepared site plan of the place of occurrence at his instance.
11. PW2 has stated that he was also called by the police at P.S. Mianwali Nagar, where he was shown the dossier of the suspects. Thereafter, he accompanied the police to police station, where portrait of the two suspects were prepared at his instance and observation.
12. PW2 has further stated that later on, he came to know State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 6 of 58 about the arrest of the accused persons and the recovery of Rs.17,000/ from the looted amount of Rs.40,000/ in this case. He moved application in the court of Ld. MM for the release of the said amount.
13. PW2 has further stated that he was called to Tihar Jail for the purpose of TIP of accused persons but he came to know there that both the accused persons have refused to join the TIP proceedings.
14. PW2 has identified accused Sachin @ Ramu during his examination in chief in court and said that he was sitting on the driver seat of the said Swift D'zire car at that time.
15. PW2 has identified 12 currency notes in denomination of rupees five hundred each (total amount Rs.6,000/) as Ex.P1 (Colly); 11 currency notes in denomination of rupees one thousand each (Total amount Rs.11,000/) as Ex.P2, which were robbed by the accused persons, empty cartridge which was of the fired bullet by accused Sanjay Shokeen at the spot as Ex P3.
16. PW3 Gian Chand has stated that his son Tilak Raj was running shop No.6, EBlock, Vikas Puri, Delhi and on 14.06.2011, at about 10.40 p.m., he alongwith his son Tilak Raj was present at the shop of his son. He was sitting on the counter of the chemist shop.
State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 7 of 58 When they were ready to close the shop after counting the cash of the sale amount. The cash was in the hand of his son Tilak Raj. At about 10.40 p.m., two young boys in the age group of 30/35 years entered into their shop. One of those two boys had asked his son Tilak Raj to provide one N10 Tablet. Thereafter, his son Tilak Raj told those two boys that he is not having any tablet by the name of N10 in his shop. Thereafter, the boy who was asking for N10 tablet, immediately took out pistol from his possession and pointed out towards his son Tilak Raj and the other boy, who was accompanying the said boy, had closed the door of shop from inside at that time. His son told him that the cash counted by him and which was snatched by the said boy, was Rs.41,000/ and some cash was lying in the cash box also. When he tried to snatch the pistol from the hand of the said boy inside the shop, he fired from the said pistol and he received injury during this process on his thumb and between wrist and finger. Both those two boys immediately came out from the shop and they immediately ran away from the spot in a white colour car, which was already parked in the front of the door of shop. His son Tilak Raj informed the police at number 100. PCR reached at the spot and took him to DDU Hospital where he was medically examined. IO recorded his statement in this case on 15.06.2011.
17. PW4 Ct, Munna Yadav has stated that on 13.07.2011, he State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 8 of 58 joined the investigation with the IO/SI Manoj Dahiya in this case and they reached at Tis Hazari Court. Accused Surender was produced from JC and he was interrogated by the IO after obtaining permission from the Ld. MM outside the Court room and later on he was arrested in this case at about 3.25 p.m. vide arrest memo Ex.PW4/A. Disclosure statement of accused Surender was recorded by the IO vide Ex.PW4/B.
18. PW5 Ct. Kalu Ram has stated that in the intervening night of 14/15.06.2011, while he was posted at P.S. Vikas Puri, ASI Jagbir Singh received DD No.36A for necessary action. He alongwith ASI Jagbir Singh reached at Shop No.6, EBlock, DDA Market, Vikas Puri i.e. Dhingra Medicos, where complainant Tilak Raj met them there. He told the IO about the incident. He also told them that his father is injured in the incident of robbery and PCR van had taken him to DDU hospital. IO directed him to guard the place of occurrence and thereafter ASI Jagbir left for DDU hospital.
19. PW5 has further stated that at about 1.00 a.m. ASI Jagbir Singh alongwith complainant Tilak Raj reached at the spot from the hospital. ASI Jagbir Singh called the crime team. Crime Team inspected the spot. One empty cartridge and one bullet lid were found at the spot. IO recorded the statement of complainant Tilak Raj and prepared rukka on the same and handed over to him. He took the same State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 9 of 58 to P.S. Vikas Puri and handed it over to the duty officer for the registration of case. After the registration of the case, duty officer handed over the copy of FIR and original rukka to SI Manoj Dahiya. Thereafter, he accompanied SI Manoj Dahiya to the spot and reached there at about 2.15 a.m. IO prepared site plan at the instance of the complainant. IO lifted empty cartridge and bullet lid and sealed the same in separate pulandas with the seal of JS and the same were taken into possession vide seizure memo Ex.PW5/A. He has identified empty cartridge as Ex P3 and bullet lid piece as Ex.P4.
20. PW6 HC Anand Singh has stated that in the intervening night of 14/15.06.2011, while he was posted as Incharge PCR van Power51, he alongwith staff was present on PCR van at PVR Cinema and on receipt of call, he reached at the spot i.e., shop No.6, EBlock, Vikas Puri, where he found one person namely Gain Chand in injured condition, who had sustained injuries in his right hand fingers. He took him to DDU Hospital and got him admitted there.
21. PW7 HC Satish Kumar has stated that on 18.06.2011, while he was posted at P.S. Vikas Puri, he alongwith SI Manoj and Ct Om Pal went to Nangloi and Mangolpuri in search of the accused persons of this case but they could not be traced out, hence they returned back to P.S. Vikas Puri. At about 4.00 p.m., SI Manoj received information from the informer that accused who is involved State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 10 of 58 in this case, would come at Chand Nagar Nala, Vikas Puri, Delhi.
22. PW7 has further stated that at about 5.45 p.m., one Swfit D'zire car of Silver colour came there and one person got down from the car. The secret informer pointed out towards that person and stated that he is accused who is involved in the present case. Hence, he alongwith SI Manoj and Ct. Om Pal apprehended him. On interrogation, he disclosed his name as Sachin @ Ramu and he could not produce the document of ownership proof of the car and on deep interrogation, he disclosed that he alongwith his associates namely Sanjay Shokeen and Surinder Buchha had stolen the said car from the area of Rohini. Accused had also placed forged number plate on the car. IO came to know from control room that the original number of the said car was DL3CAJ8919, whereas he had installed forged number plate on the car as DL9CW5006. He also disclosed that the said car was used in the commission of present offence and he is having the part of money of the robbed amount Rs.6,000/ (Ex.P1 (Colly) out of Rs.10,000/ which came to his share and the said amount was recovered from his pocket of jeans pant Ex.PW7/A.
23. PW7 has further stated that he made disclosure statement Ex. PW7/C. IO had seized the amount of Rs.6,000/ vide Ex.PW7/D and kept the same in an envelope, which was sealed with the seal of MD. IO had seized the car as well as forged number plate Ex.PW7/F. State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 11 of 58 IO has prepared the site plan of the place of arrest and recovery of car Ex.PW7/G. Thereafter, accused pointed out the place of occurrence Ex.PW7/H. Thereafter they returned back to police station. He drove the said car to the police station. IO deposited the said car and the case property with the MHC(M). Accused Sachin had disclosed that his co accused namely Sanjay Shokeen could be apprehended from Satya Bhama Hospital, Najafgarh, Delhi and third accused Surinder could be apprehended from Najafgarh. Accused led them to Najafgarh but coaccused Surinder could not be traced out there.
24. PW7 has further stated that they went to Satya Bhama Hospital and when they reached at the gate, accused Sachin had pointed out towards accused Sanjay Shokeen, who was standing at the gate. On this, they apprehended him. He interrogated him and on interrogation, his name was revealed as Sanjay Shokeen and he confessed his involvement in the present case. On taking his formal search, Rs.11,000/ (Ex.P2 (colly) were recovered from his right side pocket of pant and he disclosed that it is the part money of the share of Rs.20,000/. One mobile and some documents regarding his statement were also recovered from his possession. IO arrested him vide arrest memo Ex.PW7/I. His jamatalashi was conducted vide memo Ex.PW7/J. IO had recorded his disclosure statement Ex.PW 7/K. IO seized the recovered money as Ex.PW7/L and the same was State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 12 of 58 kept in an envelope of Khakhi colour, which was sealed with the seal of MD. IO has also prepared site plan of the place of occurrence as Ex.PW7M. Thereafter, they returned back to the P.S.
25. PW7 has further stated that on 20.06.2011, he again joined the investigation of this case and accused Sanjay Shokeen and Sachin were taken out from the lockup and they were interrogated by the IO. Both the accused persons led the police party at Yamuna Nagar, Haryana for the recovery of weapon of offence but the same could not be found. Thereafter accused Sanjay Shokken gave his supplementary statement to the IO and stated that he can get recover the same from his house at Village Kamruddin Nagar, Nangloi, Delhi and he led them there. The supplementary statement of accused is Ex.PW7/N. Accused got recovered the pistol from the box of bed lying in his room at 1st floor and produced the same to the IO which found containing two live cartridges, which were seized by the IO vide memo Ex.PW7/O. IO prepared the sketch of the pistol and cartridges as Ex.PW7/P and kept the same in a cloth parcel, which was sealed with the seal of MD. IO prepared the site plan of place of recovery of pistol and cartridges as Ex.PW7/Q. Accused has also disclosed that he had purchased the same from Bulandshehar, U.P. Thereafter, they returned back to the PS and IO deposited the case property with the MHC(M). PW7 has identified the pistol and live State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 13 of 58 cartridges as Ex.P3 and Ex.P4.
26. PW8 SI Dablu Oran has stated that on 14.06.2011, while he was posted at P.S. Vikas Puri, he received a call through W63 Operator vie intercom at around 11.12 p.m. regarding an incident of shooting at Shop No.6, EBlock, Vikaspuri. He recorded this information vide DD No.36A Ex.PW8/A.
27. PW9 Dr. Sanjay Rai has stated that on 14.06.2011 at about 12.30 p.m., patient Gyan Chand S/o Maya Ram aged about 70 years with history of physical assault was brought. Dr. Sidharth JR had examined the said patient vide MLC No.11680 under his supervision and MLC is Ex.PW9/A.
28. PW10 ASI Ajit Singh has stated that on 14.10.2011, while he was posted as Incharge Crime Team, he received a call from Control Room to reach at Shop No.6, EBlock, DDA Market, Vikash Puri, Delhi. He alongwith HC Amit Kumar, HC Anil (photographer), HC Devender reached at the spot. ASI Rambir Singh met him there with other police staff. The name of the shop was Dhingra Medicos. He inspected the spot from 11.30 p.m. to 12.30 a.m. on the mid night of 1415/06/2011. There was an empty cartridge KF 7.65 lying in front of the counter on floor. Blood stains were also there on the floor and outside the shop. He also found bullet leadtwo pieces at the spot. State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 14 of 58 The photographs were taken by HC Devender. The directions were given to the IO to seize the exhibits. He handed over the report to the IO.
29. PW11 Sh. Rajesh Malik, Ld. ACJCumARC has stated that on 24.06.2011, while he was posted as MM05, West, Tis Hazari Courts, Delhi, one application Ex.PW11/A for TIP of accused Sanjay Shokeen and Sachin filed by the IO/SI Manoj Dahiya was marked to him by link MM Sh. Hemraj, Ld. MM vide order dated 27.06.2011, he visited Central Jail No.1 and conducted TIP proceedings of accused Sanjay Shokeen and Sachin vide separate proceedings by calling them one by one. His detailed reports are Ex.PW11/B and Ex.PW11/C.
30. PW12 Kishan Mohan has stated that on 15.06.2011, he was posted at PS Vikas Puri as MHC(M). On that day, SI Manoj deposited with him five sealed pullandas bearing the seal of JS alongwith the photocopy of the seizure memo. He made an entry in this regard in register No. 19, against serial no. 1765, vide Ex PW 12/A.
31. PW12 has further stated that on 18.06.2011, SI Manoj Dahiya deposited with him a Swift D'zire Car No. DL9CW5006 alongwith its separate registration number plate, and two envelops bearing the seal of MD and the photocopy of the seizure memo. In State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 15 of 58 this regard also he made an entry in register at serial No. 1769 vide Ex PW 12/B.
32. PW12 has further stated that on 20.06.2011, SI Manoj Dahiya deposited with him, a sealed pullanda bearing the seal of MD. In this regard also, he made an entry in register no. 19, against serial no. 1772, vide Ex PW 12/C.
33. PW12 has further stated that on 24.06.2011, ASI Roop Lal from PS Begam Pur came and the car and its number plate were handed over to him. In this regard also, he made an entry in register no. 19, against serial no. 1769(OSR). On 09.08.2011, SI Manoj Dahiya deposited with him a sealed pullanda sealed with the seal of MD, which was containing five live cartridges alongwith the copy of seizure memo. In this regard he made an entry in register no. 19, against serial no. 1849, vide Ex PW 12/D and on 10.08.2011, seven sealed pullandas including five pullandas, which were bearing the seal of JS and two pullandas which were bearing the seal of MD, were sent to FSL through Ct. Ompal, vide RC No. 53/21/11, Ex PW 12/E. Ct. Ompal deposited with him the receiving copy of RC after having deposited the above mentioned pullandas with FSL, vide receiving copy Ex PW 12/F & PW 12/F1. On 31.10.2011, the result from FSL was received and same was later on handed over to the IO SI Manoj. In this regard also, he made an entry in register No. 19, against serial State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 16 of 58 No. 1772.
34. PW13 Sh. Vijay Shankar, Ld. ACMM has stated that on 15.07.2011, while he was posted as Relieving Judge, an application Ex.PW13/A for TIP of accused Surender @ Sonu @ Bucha was marked to him by the Ld.ACMM, West for TIP, which was fixed for 16.07.2011. On 16.07.2011, he went to Central Jail No.1 for conducting the TIP of accused Surender @ Sonu @ Bucha who was produced before him by the Jail Superintendent. On explaining the meaning of TIP, accused refused to participate in the same despite the warning given to him that in case of refusal, an adverse inference may be drawn against him. His detailed TIP proceeding is Ex.PW14/B and the application filed by the IO is Ex.PW13/C.
35. PW14 ASI Jagbir has stated that on 14.06.2011, while he was posted at PS Vikas Puri, he was on emergency duty and at about 10:50pm received DD No. 36A. Upon receiving the said DD, he alongwith Ct. Kalu Ram reached at Shop no. 6, Eblock, DDA market, Vikas Puri, Delhi, where, one Tilak Raj met them and informed that his father namely Gyan Chand who had received bullet injury in his hand was shifted to DDU hospital by PCR van. One fired cartridge (empty cartridge) was lying near the counter of the shop and blood was scattered on the floor of the shop. Part of the bullet (sikka) was also found in the cash box (daraj of the counter) of the said shop. State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 17 of 58 Crime team also reached at the spot, photographs were taken by the crime team. He prepared the pullanda of the fired cartridge and sikka by keeping them in plastic container separately and sealed with the seal of JS. Pullanda of the cartridge was marked as serial no. 1 and pullanda of the sikka was marked as serial no. 2, both were taken into possession vide Ex.PW5/A. Prior to sealing the fired cartridge, he made sketch of the same and measured it vide sketch memo Ex.PW 14/A.
36. PW14 has further stated that he lifted the blood lying on the spot with the help of the cotton and said cotton was kept in a plastic container. He prepared the pullanda of the plastic container and sealed the same with the seal of JS and it was marked as serial no. 3. He took out the blood stained floor with the help of the hammer and the some pieces of the floor were kept in a plastic container and were sealed with the seal of JS and it was marked as serial no. 4. He also took out the pieces of the floor of the said shop, which were not having blood stained and the same pieces were kept in a plastic container and were sealed with the seal of JS and it was marked as serial no. 5. Pullanda of the serial no. 3, 4 & 5 were taken into possession vide seizure memo Ex.PW14/B. Thereafter, he went to the hospital and obtained the MLC no. 11680 pertaining to Gyan Chand. After collecting the MLC, he returned to the spot, where he recorded State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 18 of 58 the statement of Tilak Raj Ex.PW2/A. He made an endorsement from portion C to C on Ex.PW2/A and handed over the same to Ct. Kalu Ram for registration of the present case. After registration of the case, Ct. Kalu Ram and SI Manoj Kumar came to the spot with copy of the FIR and original rukka. Further investigation was assigned to SI Manoj Kumar. He handed over the case property and documents prepared by him to SI Manoj Kumar.
37. PW14 has identified empty cartridge as Ex P3 and bullet lid piece as Ex P4 before the court.
38. PW15 SI Padmesh Kumar has stated that on 07.07.2011, while he was posted as ASI at PS Paschim Vihar, investigation of FIR No.205/11 u/s.25/27/54/59 Arms Act, PS Paschim Vihar was assigned to him. He reached District Centre, Paschim Vihar, where HC Hawa Singh and other police officials met him and produced accused Surender @ Sonu and sealed case property. He interrogated the accused and arrested him in that case vide arrest memo Ex.PW15/A. He interrogated Surender @ Sonu and recorded his disclosure statement as Ex.PW15/B.
39. PW15 has further stated that accused disclosed about the commission of the offence of the present case and the same is mentioned at point no.2 of his disclosure statement Ex.PW15/B. He State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 19 of 58 conveyed the information about the disclosure and arrest of accused Surender @ Sonu to the IO of the present case. Later on, IO of the present case came to PS Paschim Vihar. He handed over the photocopy of the disclosure statement of accused, arrest memo, personal search memo to IO. IO recorded his statement.
40. PW16 Arun Julka has stated that he was the owner of Swift D'zire silver colour car bearing registration no. DL3CAZ8919. In the year 2011, his car was stolen by someone. He got registered the FIR in this regard in PS falling under the area of Sector24, Rohini. After one month, he received a telephone call from PS Vikas Puri that his car was recovered. Later on, he got released the said car on superdari from the Rohini Court. The RC is Ex.PW16/A and car No. DL3CAZ8919 is Ex. P5.
41. PW17 Ct. Manish Kumar has stated that on 07.07.2011, while he was posted at PS Paschim Vihar and was on patrolling duty alongwith ASI Shri Kishan and HC Hawa Singh and when they reached District Park, Paschim Vihar, Delhi, they noticed that one person who was sitting on the bench in the park after seeing them, started running. They apprehended the said person and his name was revealed as Surender @ Sonu @ Bucha. HC Hawa Singh conducted his casual search and one country made pistol and one live cartridge were recovered from his right side pocket of the pant. HC Hawa Singh State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 20 of 58 prepared the pullanda of the said pistol and sealed the same. It was taken into possession. HC Hawa Singh prepared the tehrir and handed over the same to him for registration of the FIR. He took the same to PS Paschim Vihar and got registered the FIR of present case and after registration of the said FIR, further investigation was assigned to ASI Padmesh Tyagi.
42. PW17 has further stated that he alongwith IO ASI Padmesh Tyagi came to the spot and arrested accused Surender @ Sonu vide arrest memo Ex.PW15/A. HC Hawa Singh handed over the sealed pullanda of the country made pistol to ASI Padmesh. IO ASI Padmesh Tyagi interrogated the accused Surender @ Sonu and recorded his disclosure statement Ex.PW15/B and he made confession about several cases including the present case. Accused Surender disclosed that he committed the robbery at one chemist shop situated in the area of Vikas Puri alongwith his two associates. IO of the present case recorded his statement.
43. PW18 ASI Om Pal Singh has stated that on 18.06.2011 while he was posted at P.S. Vikas Puri, he alongwith HC Satish joined the investigation of the present case with S.I. Manoj Dahiya. At about 9:30 a.m. all of them left the police station in a private vehicle in search of accused persons and stolen property and they reached at Mangol Puri Delhi. At Mangol Puri, they tried to search the accused State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 21 of 58 persons but no clue was found. Thereafter, they went to Nangloi, there they made sincere efforts to find out the accused persons and stolen property but no clue was found. At about 4:00 p.m. they returned to the area of P.S. Vikas Puri. At the same time, one secret informer informed IO telephonically that one boy namely Sachin would arrive in a stolen car near Chander Vihar Nala, Vikas Puri, Delhi and told that the said person might have been involved in the incident of 14.06.2011. IO called secret informer at Machhi Market, Vikas Puri, Delhi. At about 5:00 p.m., the secret informer reached at the aforesaid place and IO joined him in the investigation of the present case.
44. PW18 has further stated that IO alongwith secret informer took position near nala towards Vikas Puri. IO instructed them to take positions at the distance of 1520 paces from him in the bushes and directed him and HC Satish to apprehend the accused on receiving the signal from secret informer. At about 5:45 p.m., one silver colour Swift Desire car arrived from the side of Chander Vihar on the road by the side of Nala and stopped near them. IO reached near the Swift Desire car and signaled them. They also reached near the Swift Desire car. On seeing them, the person who was driving the car tried to start the car but IO took out the key of the said car and the person was taken out of the car. IO asked that person to show the documents of the said car but he could not be able to show the State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 22 of 58 documents and disclosed his name as Sachin @ Ramu. On interrogation, he told that few days back the aforesaid vehicle was stolen by him alongwith coaccused persons namely Sanjay Shokeen and Surender @ Buccha. Car was bearing number plate of DL9CW 5006. When, accused was strictly interrogated, he told that aforesaid car was used in the robbery at Chemist shop at Vikas Puri on 14.06.2011. He further disclosed that on 17.06.2011 at Mangol Pur village, he alongwith Sanjay Shokeen and Surender had a quarrel with the boys of Mangol Puri Village and Sanjay and Surender had sustained injuries. So, he had left both of them and run away with the aforesaid vehicle. He has further stated that he had received Rs.10,000/ out of the robbed money and he had spent some amount and rupees 6,000/ (Ex.P1) are left, which he produced before IO. IO seized the same after making the pullanda, vide seizure memo Ex.PW7/D. Original registration number of the aforesaid vehicle was DL3CAZ8919. IO seized the fake number plates vide seizure memo Ex.PW7/F. Accused Sachin was arrested vide arrest memo Ex.PW 7/A. Personal search of the accused was conducted vide memo Ex.PW7/B.
45. PW18 has further stated that IO handed over the custody of the accused to him. He alongwith IO and accused boarded in a private car and HC Satish drove the stolen car to P.S. Vikas Puri.
State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 23 of 58 Accused Sachin disclosed about the incident and his statement was recorded by the IO vide memo Ex.PW7/C. Thereafter, he alongwith IO, HC Satish and accused went to Nangloi via Najafgarh Road and at about 8:45 p.m. reached near Satya Bhama Hospital. There accused Sachin pointed towards a person, who was coming out of the gate of aforesaid hospital and told that the person was his coaccused namely Sanjay Shokeen, who was involved in the incident of robbery at Chemist Shop at Vikas Puri. IO apprehended the accused Sanjay Shokeen with the help of HC Satish. IO interrogated the accused Sanjay Shokeen, who disclosed that they had robbed Rs.41,000/ and during the commission of the offence, he also fired with his pistol and he had received Rs.20,000/ out of the robbed amount. He produced Rs.11,000/ (Ex.P2) and told the IO that he had spent the remaining amount. IO made pullanda and sealed the same with the seal of MD. The aforesaid pullanda was seized by the IO vide memo Ex.PW11/L. Accused Sanjay Shokeen was arrested vide memo Ex.PW7/I. Personal search of the accused Sanjay Shokeen was conducted vide memo Ex.PW7/J. Disclosure statement of accused Sanjay Shokeen was recorded by the IO vide memo Ex.PW7/K. Custody of accused Sanjay Shokeen was handed over to H.Ct. Satish by the IO. Thereafter, he alongwith HC Satish, IO and both the accused persons returned to the P.S. IO deposited the case property at the Malkhana of P.S. Vikas Puri.
State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 24 of 58
46. PW18 has further stated that all of them went to Nangloi in search of third accused Surender @ Buccha but no clue was found. They searched for the accused Surender @ Buccha but he could not be found. Thereafter, the accused persons were taken to hospital for medical examination. After medical examination, they were produced before the Hon'ble Court at Tis Hazari Court Complex. Thereafter, two days PC remand was obtained by the IO and they were again taken to the police station. On 20.06.2011, he alongwith HC Satish again joined the investigation of the present case with the IO. Accused persons were taken out from the lockup of P.S. Vikas Puri. IO handed over the custody of accused Sachin to him and that of accused Sanjay Shokeen to HC Satish. All of them boarded private vehicle i.e. car and went in search of weapon of offence and coaccused Surender and they reached at Nangloi. They made efforts to arrest the accused but could not be found. Thereafter, they headed towards Yamuna Nagar as per the disclosure of the accused persons. When they reached near Sonipat, accused Sanjay Shokeen disclosed that he had misled IO regarding the place of recovery of weapon of offence. Actually, he had hidden the weapon of offence i.e. pistol at the first floor of his house i.e. H.No. 106, Kamruddin Nagar, Nangloi. IO recorded supplementary disclosure statement of accused Sanjay Shokeen vide memo Ex.PW7/N. State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 25 of 58
47. PW18 has further stated that they went to the house of accused Sanjay Shokeen and accused Sanjay led them at the first floor of his house and got recovered one country made pistol, which was kept inside a bed. He produced the same before the IO and IO checked the same, its magzine was found containing two live rounds (cartridges.) IO prepared the sketch of pistol and rounds. On measuring, the total length of the pistol was 16.5 c.m. and length of butt was 7.5 c.m. colour of Pistol was black and was made of iron. Length of rounds(cartridge) was 2.5 c.m. Sketch prepared by the IO as Ex.PW7/P. IO prepared the pullanda of recovered pistol and rounds and sealed the same with the seal of MD and seized vide seizure memo Ex.PW7/O. Thereafter, all of them returned to the police station.
48. PW19 S.I. Shri Krishan has stated that on 07.07.2011 while he was posted at P.S. Paschim Vihar, he alongwith HC Hawa Singh and Ct. Manish was on evening patrolling duty in the area of police station. While patrolling, when they reached in the District Park Paschim Vihar, they saw that one person was sitting on the bench and on seeing them, he started moving towards the gate with fast steps. They apprehended the accused who disclosed his name as Surender @ Sonu. On conducting formal search of the accused, one country made pistol and one live cartridge was recovered from his possession. HC State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 26 of 58 Hawa Singh prepared pullanda of recovered pistol and live cartridge and same were seized by HC Hawa Singh. HC Hawa Singh prepared rukka and handed over the same to Ct. Manish for registration of the case. Ct. Manish went to the police station for registration of the case and after registration of FIR, ASI Padmesh alongwith Ct. Manish reached at the spot. Further investigation of the case was marked to ASI Padmesh.
49. PW19 has further stated that ASI Padmesh prepared site plan at the instance of HC Hawa Singh. Accused was arrested vide memo Ex.PW15/A. Personal search of the accused was conducted vide Mark PW19/A. The disclosure statement of the accused was recorded vide memo Ex.PW15/B. In his disclosure statement, accused disclosed about his involvement in the incident of robbery of Rs.41,000/ from a chemist shop at Vikas Puri after firing. Later on his statement was recorded by the IO in P.S. Paschim Vihar.
50. PW20 SI Manoj Dahiya has stated that on 15.06.2011, while he was posted at P.S. Vikas Puri as SubInspector. He received copy of FIR and original rukka from Ct. Kalu Ram in the police station. Thereafter, he alongwith Ct. Kalu Ram went to the spot i.e. E Block Market, Vikas Puri. There they met ASI Jagbir and complainant Tilak Raj. ASI Jagbir handed over relevant documents and case property of the present case to him. Thereafter, he prepared the site State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 27 of 58 plan Ex PW20/A at the instance of complainant and ASI Jagbir Ex.PW20/A. In the meantime, father of complainant namely Gian Chand also arrived at the spot from the hospital. He recorded his statement. He recorded supplementary statement of complainant. Thereafter, he alongwith Ct. Kalu Ram and ASI Jagbir along with case property went to P.S. Vikas Puri. He deposited case property in the Malkhana and recorded statements of Ct. Kalu Ram and ASI Jagbir. He made efforts to arrest the accused and to recover the case property but in vain.
51. PW20 has further stated that on 18.06.2011, he received secret information regarding the accused. Thereafter, he alongwith HC Satish, Ct. Om Pal and secret informer went to near Najafgarh drain, Chander Vihar. He laid a trap and they took position to apprehend the accused. At about 5.30 p.m. one person arrived in a white Swift Dzire car and they apprehended him at the instance of secret informer. Accused was interrogated about the ownership of said car but accused was not able to give any satisfactory answer. On verifying from the Automatch, he came to know that the aforesaid car was stolen from the area of P.S. Begumpur and same was bearing a fake number plate. Accused disclosed about his involvement in the present case and disclosed about the names of two accused persons namely Sanjay Shokeen and Surender @ Bucha. Accused produced Rs.6,000/ (Ex.P State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 28 of 58
1) from the pocket of his wearing pant, which was remaining amount out of the share, which he has received from the looted amount. He put the same in an envelope and sealed the with the seal of "MD". Aforesaid envelope was seized by him vide seizure memo Ex.PW7/D. Accused was arrested at about 6.45 p.m vide memo Ex.PW7/A. Personal search of accused was conducted vided memo Ex.PW7/B. Aforesaid car and fake number plate were seized by him vide seizure memos Ex.PW7/E and Ex.PW7/F.
52. PW20 has further stated that he recorded disclosure statement of accused Sachin @ Ramu vide memo Ex.PW7/C. He prepared the site plan of the place of recovery Ex.PW7/G. Accused Sachin @ Ramu had pointed towards the place of incident vide memo Ex.PW7/H. Thereafter, he alongwith staff, accused alongwith case property went to the police station. He deposited the case property in the Malkhana. Thereafter, he alongwith HC Satish, Ct. Om Pal and accused went in search of coaccused persons and they reached near Satya Bhama Hospital, Nangloi, Najafgarh Road. There they saw that one person was coming from the side of Satya Bhama Hospital. They apprehended accused Sanjay Shokeen at the instance of accused Sachin @ Ramu. Accused Sanjay Shokeen was interrogated. Accused confessed about his involvement in the present case and produced Rs.11,000/ (Ex.P2) from the right side back pocket of his jeans pant, State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 29 of 58 which was remaining amount of his share of the looted amount. He had put the aforesaid amount in an envelope and sealed the same with the seal of "MD". Aforesaid envelope was seized vide seizure memo Ex.PW11/L. Accused was arrested at about 9.15 p.m. vide arrest memo Ex.PW7/I. Personal search of the accused was conducted vide memo Ex.PW7/J.
53. PW20 has further stated that the disclosure statement of the accused was recorded by him vide memo Ex.PW7/K. Face of accused persons were covered with the cloth. He had prepared the site plan of the place of recovery same is Ex.PW7/M. Accused persons were taken for medical examination and thereafter, they were taken to the police station and were sent to lockup of the P.S. Vikas Puri.
54. PW20 has further stated that on 19.06.2011, accused Sachin @ Ramu and Sanjay Shokeen were produced before the Ld. MM and they were taken on two days police remand. They made efforts for the arrest of accused Surender @ Bucha but in vain. On 20.06.2011, accused persons were taken out of the lockup and he alongwith accused persons, H.Ct. Satish and Ct. Om Pal left P.S. Vikas Puri for Yamuna Nagar, Haryana. On the way, accused Sanjay Shokeen made supplementary disclosure statement vide memo Ex.PW7/N. Thereafter accused Sanjay Shokeen led them to the first floor of his house at Village Kamruddin Nagar, Nangloi and produced State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 30 of 58 one country made pistol which was kept inside bed lying in that room. On checking, two live cartridges were found inside that pistol. He prepared sketch of aforesaid pistol and cartridges Ex.PW7/P. Thereafter, he made pullanda of aforesaid pistol and cartridges with the help of white cloth and sealed the same with the seal of "MD". Seal after use was handed over to HC Satish. He seized aforesaid pullanda vide seizure memo Ex.PW7/O. He prepared the site plan of the place of recovery Ex.PW7/Q. Thereafter, he alongwith staff, accused persons and case property went to P.S. Vikas Puri. Case property was deposited in Malkhana of the P.S. Vikas Puri. Accused persons were sent to lockup after medical examination.
55. PW20 has further stated that on 21.06.2011, he produced accused persons before the Ld. MM and they were sent to J.C. He had moved application for conducting TIP of the accused persons but accused persons refused to join TIP proceedings. He received information regarding the arrest of third accused namely Surender @ Bucha from P.S. Paschim Vihar in an Arms Act case. He went to P.S. Paschim Vihar and collected relevant documents from the concerned IO. He had recorded statement of concerned police officials. He had moved application before the concerned Court for the production warrant of accused Surender @ Bucha.
56. PW20 has further stated that on 13.07.2011, accused State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 31 of 58 Surender @ Bucha was produced before the concerned Ld. MM. Accused was interrogated and formally arrested with the permission of Ld. MM vide arrest memo Ex.PW4/A. Disclosure statement of accused Surender @ Bucha was recorded vide memo Ex.PW4/B. He recorded statement of Ct. Munna Yadav. Thereafter, he moved application for TIP of accused Surender @ Bucha vide application Ex.PW13/A. Accused had refused to join TIP proceedings. He had moved application for providing copy of TIP proceedings Ex.PW 13/C.
57. PW20 has further stated that when the case property was sent to FSL, it was asked by the FSL authorities to provide five live cartridges of same caliber for test firing. He had applied at PHQ through proper channel to provide cartridges for test firing and five live cartridges were provided by kot P & L (store of Arms and Ammunition of Delhi Police). He kept aforesaid cartridges in a box and made pullanda with the help of white cloth. Same was sealed with the seal of "MD". Aforesaid pullanda was seized vide seizure memo Ex.PW20/B. Case property and aforesaid cartridges were sent to FSL on 10.08.2011 through Ct. Om Pal. He recorded statement of Ct. Om Pal and MHC(M) in this regard. After completing investigation challan was prepared and filed in the Court through SHO. He had also submitted the FSL report and permission U/Sec.39 Arms Act in the State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 32 of 58 Court.
58. PW20 has identified 12 currency notes of Rs.500/ each (total Rs.6,000/) as the same notes, which were recovered from the possession of accused Sachin as Ex.P1 (colly); 11 currency notes of Rs.1000/ each (total Rs.11,000/) as the same notes which were recovered from the possession of accused Sanjay Shokeen as Ex.P2 (colly); one pistol and two empty cartridges as the same, which were recovered from the possession of accused Sanjay Shokeen as Ex.P3 and the empty cartridges as Ex.P4 (Colly); Swift Dzire bearing no.DL3CAZ8919 as Ex.P5.
59. PW21 Anita Chhari, Senior Scientific Officer (Biology) FSL has stated that on 10.08.2011, six parcels were received in the office and examination of the parcels were marked to her. She examined the parcels and her detailed biological report is Ex.PW 21/A and serological report is Ex.PW21/B.
60. Statement of accused persons u/s 313 Cr.P.C was recorded, wherein they have denied the case of prosecution and also denied to lead defence evidence.
61. Report of the FSL is admissible u/s 293 Cr.P.C, Ex PX against accused Snjay Shokeen in respect of one empty cartridge, one State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 33 of 58 metal piece and one improvised country made pistol.
62. I have heard Ms. Suchitara Singh Chauhan, Ld. Addl. PP for State and Sh. Ayub Ahmad Khan Qureshi, Ld. Counsel for accused and gone through the record of this case.
63. In the present case, all the accused persons have been charged for the offences u/s 392/34 of IPC and also for the offence u/s 394 of IPC. Accused Sanjay Shokeen has been charged for the offences u/s 397 of IPC r/w Section 392/394/397 of IPC with offence u/s 27/25 of Arms Act. Accused Sanjay Shokeen and Surrender have also been charged for the offences u/s 450/ 34 of IPC
64. The present case has been registered on the statement of one Sh. Tilak Raj, who has been examined as PW2. He has stated that on 14.06.2011, at about 10.40 p.m., he alongwith his father Shri Gian Chand was present at chemist shop and they were ready to leave their shop to go to their house and he was counting the cash at that time. Two boys aged about 35/40 years old entered inside their shop at that time and one of those two boys asked him to provide one tablet of N
10. He told that boy that there is no tablet available in his shop under the brand of N10. Thereafter, one of those two boys closed the door of his shop from inside and he started wrapping muffler around his face and other boy took out pistol from the right pocket of his wearing State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 34 of 58 pant and he exhorted to his father by pointing pistol towards him and the boy who was carrying pistol has snatched bag containing cash amounting of Rs.41,000/ approximately, which were in the denomination of 100/500 currency notes. When his father tried to intervene and to snatch the pistol from the hand of that boy, the said boy fired from the said pistol and caused bullet injury to his father on his right hand. Those two boys ran away from the spot after opening the door from his shop alongwith the robbed cash amount and bag, by sitting in a white colour Swift D'zire car, which was parked and was ready in starting position.
65. PW2 has further stated that he informed the PCR at No.100 from his mobile phone bearing No.9897484637. PCR van reached at the spot. His father was removed from the spot by the PCR van in an injured condition and he was taken to DDU Hospital. One ASI from Local Police Station alongwith the staff reached at the spot. His statement Ex PW2/A was recorded by the ASI. He had told the description and age group of those two boys to the IO.
66. PW2 has identified both accused Sanjay Shokeen @ Sandeep and Surinder @ Sonu @ Guchha in the court during his examination in chief and said that accused Sanjay Shokeen @ Sandeep is the same person who was carrying pistol in his hand and has snatched the cash amount and bag from his possession and had State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 35 of 58 fired upon his father and accused Surinder @ Sonu is the same person who entered the shop and asked for N10 tablet and he closed the door of the shop from inside and started wearing muffler. The names of the two accused persons revealed to him on the last date of hearing when he had come to court on this case.
67. PW2 has further stated that blood started oozing out from the bullet injury on the hand and the same was scattered on the floor of the shop. Accused persons have also thrown empty cartridge which was fired. IO lifted blood, blood stained floor stained floor after breaking the same at the spot. IO also lifted empty case from the spot and same were sealed in pullanda. IO prepared site plan of the place of occurrence at his instance.
68. PW2 has stated that he was also called by the police at P.S. Mianwali Nagar, where he was shown the dossier of the suspects. Thereafter, he accompanied the police to police station, where portrait of the two suspects were prepared at his instance and observation.
69. PW2 has further stated that later on, he came to know about the arrest of the accused persons and the recovery of Rs.17,000/ from the looted amount of Rs.40,000/ in this case. He moved application in the court of Ld. MM for the release of the said State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 36 of 58 amount.
70. PW2 has further stated that he does not remember the date and month but after the arrest of accused persons, he was called to Tihar Jail for the purpose of TIP of accused persons but he came to know there that both the accused persons have refused to join the TIP proceedings.
71. PW2 has identified accused Sachin @ Ramu during his examination in chief in court and said that he was sitting on the driver seat of the said Swift D'zire car at that time.
72. PW2 has identified 12 currency notes in denomination of rupees five hundred each (total amount Rs.6,000/) as Ex.P1 (Colly); 11 currency notes in denomination of rupees one thousand each (Total amount Rs.11,000/) as Ex.P2, which were robbed by the accused persons, empty cartridge which was of the fired bullet by accused Sanjay Shokeen at the spot as Ex P3.
73. During his examination in chief, PW2 Sh. Tilak Raj has identified both accused Sanjay Shokeen and Surrender as the same persons, who had committed the offence and also identified accused Sanjay Shokeen as the same, who was carrying pistol in his hand and had snatched the cash amount and bag from his possession and had State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 37 of 58 fired upon his father. PW2 has also identified accused Surrender as the same, who had entered the shop and asked for tablet and closed the door of the shop from inside and started wearing muffler. PW2 has also identified accused Sachin @ Ramu as the same, who was sitting on the driver seat of the car.
74. PW2 has not been able to identified the robbed currency notes, which were robbed by the accused persons before the court.
75. In the cross examination, PW2 has stated that there was darkness at the time of incident. The seizure memo of the cartridge and the led (bullet) was not prepared in his presence by the police. The seizure memo regarding blood stained (concrete) was not prepared in his presence and even the led (empty cartridge) was also not seized by the police in his presence. This witness has also admitted that the number plate of the car bearing no. DL9CW5006 was also not seized by the police in his presence nor the same was shown to him till date.
76. In further cross examination, PW2 has stated that due to darkness, he could not identify the assailants at the time of incident. He has further stated that he was shown the photographs of the accused by the police and the police told him to identify the same. So, on the behest of the police, he identified those photographs. He even State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 38 of 58 did not identify the assailants in the dozzier.
77. PW2 has further stated that on 30/05/2012, his examination in chief was recorded and on that day, IO met him outside the court and he was tutored by the IO and as per the desire of IO, he had deposed accordingly before the court. PW2 has further stated that after the incident, he was called by the police after the arrest of the accused persons and he identified the accused persons at the instance of the IO.
78. PW2 has admitted part of his statement recorded by the police Ex PW2/A. PW2 has further stated that he had not stated that accused Sachin was sitting on the driver seat of the car. He had told this fact on the last date on the asking of the police officer. PW2 has admitted that since there was darkness, so he could not identify the assailants. He did not see the accused at the place of occurrence at the time of incident.
79. Again, PW2 was reexamined on behalf of State on the request of Ld. Addl. PP for the State, wherein he has stated that when his statement was recorded in the court on 30/05/2012, he was not under any pressure or threat and his statement given in the court on 10/10/2012 is correct but again he has stated vol. that he had deposed in the court on 30/05/2012 and identified the accused persons as well State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 39 of 58 as their role at the instance of the police. He has denied that he had changed his version in the cross examination after a gap of about five months as he has been won over by the accused persons during this period.
80. PW3 Sh. Gian Chand has stated that his son Tilak Raj was running shop No.6, EBlock, Vikas Puri, Delhi and on 14.06.2011, at about 10.40 p.m., he alongwith his son Tilak Raj was present at the shop of his son. He was sitting on the counter of the chemist shop. When they were ready to close the shop after counting the cash of the sale amount. The cash was in the hand of his son Tilak Raj. At about 10.40 p.m., two young boys in the age group of 30/35 years entered into their shop. One of those two boys had asked his son Tilak Raj to provide one N10 Tablet. Thereafter, his son Tilak Raj told those two boys that he is not having any tablet by the name of N 10 in his shop. Thereafter, the boy who was asking for N10 tablet, immediately took out pistol from his possession and pointed out towards his son Tilak Raj and the other boy, who was accompanying the said boy, had closed the door of shop from inside at that time. His son told him that the cash counted by him and which was snatched by the said boy, was Rs.41,000/ and some cash was lying in the cash box also. When he tried to snatch the pistol from the hand of the said boy inside the shop, he fired from the said pistol and he received injury State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 40 of 58 during this process on his thumb and between wrist and finger. Both those two boys immediately came out from the shop and they immediately ran away from the spot in a white colour car, which was already parked in the front of the door of shop. His son Tilak Raj informed the police at number 100. PCR reached at the spot and took him to DDU Hospital where he was medically examined. IO recorded his statement in this case on 15.06.2011. PW3 has not been able to identify the accused persons as the same who had committed the offence. PW3 has stated that as the incident had occurred within a very short span and due to his week eye sight, he could not identify those two boys.
81. In view of above neither PW2 Sh. Tilak Raj nor PW Sh. Gian Chand has been able to identify the accused persons as the same who had committed robbery and PW2 has given various statements. In his examination in chief, he had identified the accused persons and in the cross examination, he has stated that he has identified the accused persons as stated by the IO and photographs of the accused persons were shown to him. Again, firstly he has stated that on 30/05/2012, when his examination in chief was recorded but again he has stated that he had deposed at the instance of police. So, PW2 cannot be relied upon in any manner.
82. FSL report Ex PX is per se admissible in evidence u/s State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 41 of 58 293 Cr.P.C. The cartridge, one metal piece and two live cartridges were examined. According to the report, country made pistol is fire arm as defined in the Arms Act. The test fire was conducted successfully through country made pistol, which shows that it was in working order and two live cartridges were test fired. It is further opined that the crime cartridge was fired from this countrymade pistol and no opinion can be given whether the exhibit metal piece was discharged from this countrymade pistol or not. So, FSL result is not helpful to the extent that the accused Sanjay Shokeen made fired at the time of committing robbery and in view of the report, it is not proved that the metal piece recovered from the spot was fired with the country made pistol recovered from the possession of accused.
83. Other witnesses have been examined in respect of investigation of this case are formal in nature.
84. In view of above, prosecution has not been able to prove the offence u/s 392/394/397 of IPC and u/s 27 of Arms Act against the accused Sanjay Shokeen and u/s 450/34 of IPC against accused Sanjay Shokeen and Surrender and offences u/s 392/34, 394/34 of IPC against accused Sanjay Shokeen, Surrender and Sachin for which all the three accused persons are acquitted.
85. Accused Sanjay Shokeen has also been charged for the State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 42 of 58 offence u/s 25 of Arms Act.
86. According to the investigation, the country made pistol was recovered from the possession of accused Sanjay Shokeen and seizure memo of the same is Ex PW7/O which is witnessed by HC Satish Kumar and Ct Om Pal and prepared by SI Manoj Dahiya. Sketch of the same was prepared as Ex PW7/P. Again witnessed by both the aforesaid police officials and was prepared by SI Manoj Dahiya.
87. HC Satish Kumar has been examined as PW7, who has deposed that on 18.06.2011 while he was posted at P.S. Vikas Puri, he alongwith SI Manoj and Ct Om Pal went to Nangloi and Mangolpuri in search of the accused persons of this case but they could not be traced out there and hence they returned back to P.S. Vikas Puri. At about 4.00 p.m., SI Manoj received information from the informer that accused who is involved in this case, would come at Chand Nagar Nala, Vikas Puri, Delhi.
88. PW7 has further stated that at about 5.45 p.m., one Swfit D'zire car of Silver colour came there and one person got down from the car. The secret informer pointed out towards that person and stated that he is accused who is involved in the present case. Hence, he alongwith SI Manoj and Ct. Om Pal apprehended him. On State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 43 of 58 interrogation, he disclosed his name as Sachin @ Ramu and he could not produce the document of ownership proof of the car and on deep interrogation, he disclosed that he alongwith his associates namely Sanjay Shokeen and Surinder Buchha had stolen the said car from the area of Rohini. Accused had also placed forged number plate on the car. IO came to know from control room that the original number of the said car was DL3CAJ8919, whereas he had installed forged number plate on the car as DL9CW5006. He also disclosed that the said car was used in the commission of present offence and he is having the part of money of the robbed amount Rs.6,000/ (Ex.P1 (Colly) out of Rs.10,000/ which came to his share and the said amount was recovered from his pocket of jeans pant Ex.PW7/A.
89. PW7 has further stated that he made disclosure statement Ex. PW7/C. IO had seized the amount of Rs.6,000/ vide Ex.PW7/D and kept the same in an envelope which was sealed with the seal of MD. IO had seized the car as well as forged number plate Ex.PW7/F. IO has prepared the site plan of the place of arrest and recovery of car Ex.PW7/G. Thereafter, accused pointed out the place of occurrence Ex.PW7/H. Thereafter they returned back to police station. He drove the said car to the police station. IO deposited the said car and the case property with the MHC(M). Accused Sachin had disclosed that his co accused namely Sanjay Shokeen could be apprehended from Satya State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 44 of 58 Bhama Hospital, Najafgarh, Delhi and third accused Surinder could be apprehended from Najafgarh. Accused led them to Najafgarh but coaccused Surinder could not be traced out there.
90. PW7 has further stated that thereafter they went to Satya Bhama Hospital and when they reached at the gate, accused Sachin had pointed out towards accused Sanjay Shokeen, who was standing at the gate. On this, they apprehended him. He interrogated him and on interrogation, his name was revealed as Sanjay Shokeen and he confessed his involvement in the present case. On taking his formal search, Rs.11,000/ (Ex.P2 (colly) were recovered from his right side pocket of pant and he disclosed that it is the part money of the share of Rs.20,000/. One mobile and some documents regarding his statement were also recovered from his possession. IO arrested him vide arrest memo Ex.PW7/I. His jamatalashi was conducted vide memo Ex.PW7/J. IO had recorded his disclosure statement Ex.PW 7/K. IO seized the recovered money as Ex.PW7/L and the same was kept in an envelope of Khakhi colour, which was sealed with the seal of MD. IO has also prepared site plan of the place of occurrence as Ex.PW7M. Thereafter, they returned back to the P.S.
91. PW7 has further stated that on 20.06.2011, he again joined the investigation of this case and accused Sanjay Shokeen and Sachin were taken out from the lockup and they were interrogated by State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 45 of 58 the IO. Both the accused persons led the police party at Yamuna Nagar, Haryana for the recovery of weapon of offence but the same could not be found. Thereafter accused Sanjay Shokken gave his supplementary statement to the IO and stated that he can get recover the same from his house at Village Kamruddin Nagar, Nangloi, Delhi and he led them there. The supplementary statement of accused is Ex.PW7/N. Accused got recovered the pistol from the box of bed lying in his room at 1st floor and produced the same to the IO which found containing two live cartridges which were seized by the IO vide memo Ex.PW7/O. IO prepared the sketch of the pistol and cartridges as Ex.PW7/P and kept the same in a cloth parcel which was sealed with the seal of MD. IO prepared the site plan of place of recovery of pistol and cartridges as Ex.PW7/Q. Accused has also disclosed that he had purchased the same from Bulandshehar, U.P. Thereafter, they returned back to the PS and IO deposited the case property with the MHC(M) and recorded his statement. PW7 has identified 12 currency notes of rupees five hundred each (total Rs 6000/) as Ex P1 (colly); 11 currency notes of rupees thousand each (total Rs 11,000) as Ex P 2 (colly); pistol as Ex P3 and live cartridges as Ex.P4.
92. Ct Ompal has been examined as PW18, who has stated that on 18.06.2011 while he was posted at P.S. Vikas Puri, he alongwith HC Satish joined the investigation of the present case with State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 46 of 58 S.I. Manoj Dahiya. At about 9:30 a.m. all of them left the police station in a private vehicle in search of accused persons and stolen property and they reached at Mangol Puri Delhi. At Mangol Puri, they tried to search the accused persons but no clue was found. Thereafter, they went to Nangloi, there they made sincere efforts to find out the accused persons and stolen property but no clue was found. At about 4:00 p.m. they returned to the area of P.S. Vikas Puri. At the same time, one secret informer informed IO telephonically that one boy namely Sachin would arrive in a stolen car near Chander Vihar Nala, Vikas Puri, Delhi and told that the said person might have been involved in the incident of 14.06.2011. IO called secret informer at Machhi Market, Vikas Puri, Delhi. At about 5:00 p.m., the secret informer reached at the aforesaid place and IO joined him in the investigation of the present case.
93. PW18 has further stated that IO alongwith secret informer took position near nala towards Vikas Puri. IO instructed them to take positions at the distance of 1520 paces from him in the bushes and directed him and HC Satish to apprehend the accused on receiving the signal from secret informer. At about 5:45 p.m., one silver colour Swift Desire car arrived from the side of Chander Vihar on the road by the side of Nala and stopped near them. IO reached near the Swift Desire car and signaled them. They also reached near State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 47 of 58 the Swift Desire car. On seeing them, the person who was driving the car tried to start the car but IO took out the key of the said car and the person was taken out of the car. IO asked that person to show the documents of the said car but he could not able to show the documents and disclosed his name as Sachin @ Ramu. On interrogation, he told that few days back the aforesaid vehicle was stolen by him alongwith coaccused persons namely Sanjay Shokeen and Surender @ Buccha. Car was bearing number plate of DL9CW 5006. When, accused was strictly interrogated, he told that aforesaid car was used in the robbery at Chemist shop at Vikas Puri on 14.06.2011. He further disclosed that on 17.06.2011 at Mangol Pur village, he alongwith Sanjay Shokeen and Surender had a quarrel with the boys of Mangol Puri Village and Sanjay and Surender had sustained injuries. So, he had left both of them and run away with the aforesaid vehicle. He has further stated that he had received Rs.10,000/ out of the robbed money and he had spent some amount and rupees 6,000/ (Ex.P1) are left, which he produced before IO. IO seized the same after making the pullanda, vide seizure memo Ex.PW7/D. Original registration number of the aforesaid vehicle was DL3CAZ8919. IO seized the fake number plates vide seizure memo Ex.PW7/F. Accused Sachin was arrested vide arrest memo Ex.PW 7/A. Personal search of the accused was conducted vide memo Ex.PW7/B. State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 48 of 58
94. PW18 has further stated that IO handed over the custody of the accused to him. He alongwith IO and accused boarded in a private car and HC Satish drove the stolen car to P.S. Vikas Puri. Accused Sachin disclosed about the incident and his statement was recorded by the IO vide memo Ex.PW7/C. Thereafter, he alongwith IO, HC Satish and accused went to Nangloi via Najafgarh Road and at about 8:45 p.m. reached near Satya Bhama Hospital. There accused Sachin pointed towards a person who was coming out of the gate of aforesaid hospital and told that the person was his coaccused namely Sanjay Shokeen, who was involved in the incident of robbery at Chemist Shop at Vikas Puri. IO apprehended the accused Sanjay Shokeen with the help of HC Satish. IO interrogated the accused Sanjay Shokeen, who disclosed that they had robbed Rs.41,000/ and during the commission of the offence he also fired with his pistol and he had received Rs.20,000/ out of the robbed amount. He produced Rs.11,000/ (Ex.P2) and told the IO that he had spent the remaining amount. IO made pullanda and sealed the same with the seal of MD. The aforesaid pullanda was seized by the IO vide memo Ex.PW11/L. Accused Sanjay Shokeen was arrested vide memo Ex.PW7/I. Personal search of the accused Sanjay Shokeen was conducted vide memo Ex.PW7/J. Disclosure statement of accused Sanjay Shokeen was recorded by the IO vide memo Ex.PW7/K. Custody of accused Sanjay Shokeen was handed over to H.Ct. Satish by the IO.
State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 49 of 58 Thereafter, he alongwith HC Satish, IO and both the accused persons returned to the P.S. IO deposited the case property at the Malkhana of P.S. Vikas Puri.
95. PW18 has further stated that all of them went to Nangloi in search of third accused Surender @ Buccha but no clue was found. They searched for the accused Surender @ Buccha but he could not be found. Thereafter, the accused persons were taken to hospital for medical examination. After medical examination, they were produced before the Hon'ble Court at Tis Hazari Court Complex. Thereafter, two days PC remand was obtained by the IO and they were again taken to the police station. On 20.06.2011, he alongwith HC Satish again joined the investigation of the present case with the IO. Accused persons were taken out from the lockup of P.S. Vikas Puri. IO handed over the custody of accused Sachin to him and that of accused Sanjay Shokeen to HC Satish. All of them boarded private vehicle i.e. car and went in search of weapon of offence and coaccused Surender and they reached at Nangloi. They made efforts to arrest the accused but could not be found. Thereafter, they headed towards Yamuna Nagar as per the disclosure of the accused persons. When they reached near Sonipat, accused Sanjay Shokeen disclosed that he had misled IO regarding the place of recovery of weapon of offence. Actually, he had hidden the weapon of offence i.e. pistol at the first State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 50 of 58 floor of his house i.e. H.No. 106, Kamruddin Nagar, Nangloi. IO recorded supplementary disclosure statement of accused Sanjay Shokeen vide memo Ex.PW7/N.
96. PW18 has further stated that they went to the house of accused Sanjay Shokeen and accused Sanjay led them at the first floor of his house and got recovered one country made pistol which was kept inside a bed. He produced the same before the IO and IO checked the same, its magzine was found containing two live rounds (cartridges.) IO prepared the sketch of pistol and rounds. On measuring, the total length of the pistol was 16.5 c.m. and length of butt was 7.5 c.m. colour of Pistol was black and was made of iron. Length of rounds(cartridge) was 2.5 c.m. Sketch prepared by the IO as Ex.PW7/P. IO prepared the pullanda of recovered pistol and rounds and sealed the same with the seal of MD and seized vide seizure memo Ex.PW7/O. Thereafter, all of them returned to the police station. He had identified 12 old currency notes of Rs 500/ each as Ex P1 (colly); 11 old currency notes of Rs 1000/ each as Ex P2 (colly); pistol as Ex P3 and cartridges as Ex P4 (colly).
97. SI Manoj Dahiya has been examined as PW20, who has stated that on 15.06.2011, while he was posted at P.S. Vikas Puri as SubInspector. He received copy of FIR and original rukka from Ct. Kalu Ram in the police station. Thereafter, he alongwith Ct. Kalu State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 51 of 58 Ram went to the spot i.e. EBlock Market, Vikas Puri. There they met ASI Jagbir and complainant Tilak Raj. ASI Jagbir handed over relevant documents and case property of the present to him. Thereafter, he prepared the site plan Ex PW20/A at the instance of complainant and ASI Jagbir Ex.PW20/A. In the meantime father of complainant namely Gian Chand also arrived at the spot from the hospital. He recorded his statement. He recorded supplementary statement of complainant. Thereafter, he alongwith Ct. Kalu Ram and ASI Jagbir along with case property went to P.S. Vikas Puri. He deposited case property in the Malkhana and recorded statements of Ct. Kalu Ram and ASI Jagbir. He made efforts to arrest the accused and to recover the case property but in vain.
98. PW20 has further stated that on 18.06.2011, he received secret information regarding the accused. Thereafter, he alongwith HC Satish, Ct. Om Pal and secret informer went to near Najafgarh drain, Chander Vihar. He laid a trap and they took position to apprehend the accused. At about 5.30 p.m. one person arrived in a white Swift Dzire car and they apprehended him at the instance of secret informer. Accused was interrogated about the ownership of said car but accused was not able to give any satisfactory answer. On verifying from the Automatch, he came to know that the aforesaid car was stolen from the area of P.S. Begumpur and same was bearing a fake number plate.
State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 52 of 58 Accused disclosed about his involvement in the present case and disclosed about the names of two accused persons namely Sanjay Shokeen and Surender @ Bucha. Accused produced Rs.6,000/ (Ex.P
1) from the pocket of his wearing pant, which was remaining amount out of the share, which he has received from the looted amount. He put the same in an envelope and sealed the with the seal of "MD". Aforesaid envelope was seized by him vide seizure memo Ex.PW7/D. Accused was arrested at about 6.45 p.m vide memo Ex.PW7/A. Personal search of accused was conducted vided memo Ex.PW7/B. Aforesaid car and fake number plate were seized by him vide seizure memos Ex.PW7/E and Ex.PW7/F.
99. PW20 has further stated that he recorded disclosure statement of accused Sachin @ Ramu vide memo Ex.PW7/C. He prepared the site plan of the place of recovery Ex.PW7/G. Accused Sachin @ Ramu had pointed towards the place of incident vide memo Ex.PW7/H. Thereafter, he alongwith staff, accused alongwith case property went to the police station. He deposited the case property in the Malkhana. Thereafter, he alongwith HC Satish, Ct. Om Pal and accused went in search of coaccused persons and they reached near Satya Bhama Hospital, Nangloi, Najafgarh Road. There they saw that one person was coming from the side of Satya Bhama Hospital. They apprehended accused Sanjay Shokeen at the instance of accused State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 53 of 58 Sachin @ Ramu. Accused Sanjay Shokeen was interrogated. Accused confessed about his involvement in the present case and produced Rs.11,000/ (Ex.P2) from the right side back pocket of his jeans pant, which was remaining amount of his share of the looted amount. He had put the aforesaid amount in an envelope and sealed the same with the seal of "MD". Aforesaid envelope was seized vide seizure memo Ex.PW11/L. Accused was arrested at about 9.15 p.m. vide arrest memo Ex.PW7/I. Personal search of the accused was conducted vide memo Ex.PW7/J.
100. PW20 has further stated that the disclosure statement of the accused was recorded by him vide memo Ex.PW7/K. Face of accused persons was covered with the cloth. He had prepared the site plan of the place of recovery same is Ex.PW7/M. Accused persons were taken for medical examination and thereafter, they were taken to the police station and were sent to lockup of the P.S. Vikas Puri.
101. PW20 has further stated that on 19.06.2011 accused Sachin @ Ramu and Sanjay Shokeen were produced before the Ld. MM and they were taken on two days police remand. They made efforts for the arrest of accused Surender @ Bucha but in vain. On 20.06.2011, accused persons were taken out of the lockup and he alongwith accused persons, H.Ct. Satish and Ct. Om Pal left P.S. Vikas Puri for Yamuna Nagar, Haryana. On the way, accused Sanjay State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 54 of 58 Shokeen made supplementary disclosure statement vide memo Ex.PW7/N. Thereafter accused Sanjay Shokeen led them to the first floor of his house at Village Kamruddin Nagar, Nangloi and produced one country made pistol which was kept inside bed lying in that room. On checking two live cartridges were found inside that pistol. He prepared sketch of aforesaid pistol and cartridges Ex.PW7/P. Thereafter, he made pullanda of aforesaid pistol and cartridges with the help of white cloth and sealed the same with the seal of "MD". Seal after use was handed over to HC Satish. He seized aforesaid pullanda vide seizure memo Ex.PW7/O. He prepared the site plan of the place of recovery Ex.PW7/Q. Thereafter, he alongwith staff, accused persons and case property went to P.S. Vikas Puri. Case property was deposited in Malkhana of the P.S. Vikas Puri. Accused persons were sent to lockup after medical examination.
102. PW20 has further stated that on 21.06.2011, he produced accused persons before the Ld. MM and they were sent to J.C. He had moved application for conducting TIP of the accused persons but accused persons refused to join TIP proceedings. He received information regarding the arrest of third accused namely Surender @ Bucha from P.S. Paschim Vihar in an Arms Act case. He went to P.S. Paschim Vihar and collected relevant documents from the concerned IO. He had recorded statement of concerned police officials. He had State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 55 of 58 moved application before the concerned Court for the production warrant of accused Surender @ Bucha.
103. PW20 has further stated that on 13.07.2011, accused Surender @ Bucha was produced before the concerned Ld. MM. Accused was interrogated and formally arrested with the permission of Ld. MM vide arrest memo Ex.PW4/A. Disclosure statement of accused Surender @ Bucha was recorded vide memo Ex.PW4/B. He recorded statement of Ct. Munna Yadav. Thereafter, he moved application for TIP of accused Surender @ Bucha vide application Ex.PW13/A. Accused had refused to join TIP proceedings. He had moved application for providing copy of TIP proceedings Ex.PW 13/C.
104. PW20 has further stated that when the case property was sent to FSL, it was asked by the FSL authorities to provide five live cartridges of same caliber for test firing. He had applied at PHQ through proper channel to provide cartridges for test firing and five live cartridges were provided by kot P & L (store of Arms and Ammunition of Delhi Police). He kept aforesaid cartridges in a box and made pullanda with the help of white cloth. Same was sealed with the seal of "MD". Aforesaid pullanda was seized vide seizure memo Ex.PW20/B. Case property and aforesaid cartridges were sent to FSL on 10.08.2011 through Ct. Om Pal. He recorded statement of Ct. Om State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 56 of 58 Pal and MHC(M) in this regard. After completing investigation challan was prepared and filed in the Court through SHO. He had also submitted the FSL report and permission U/Sec.39 Arms Act in the Court.
105. PW20 has identified 12 currency notes of Rs.500/ each (total Rs.6,000/) as the same notes which were recovered from the possession of accused Sachin as Ex.P1 (colly); 11 currency notes of Rs.1000/ each (total Rs.11,000/) as the same notes which were recovered from the possession of accused Sanjay Shokeen as Ex.P2 (colly); one pistol and two empty cartridges as the same, which were recovered from the possession of accused Sanjay Shokeen as Ex.P3 and the empty cartridges as Ex.P4 (Colly); Swift Dzire bearing no. DL3CAZ8919 as Ex.P5.
106. I have gone through the cross examination of PW18 ASI Ompal and PW7 HC Satish Kumar. Both of them have not been cross examined on the point of recovery of country made pistol from the possession of accused Sanjay Shokeen on his pointing.
107. PW20 SI Manoj Dahiya has been cross examined on this aspect. In the cross examination, PW20 has stated that on 20/06/2011, when they reached at the house of Sanjay Shokeen, 23 persons were present. One of them was mother of accused Sanjay Shokeen. He did State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 57 of 58 not record statement of his mother or any other person at that time. At that time, house of accused Sanjay Shokeen was built upto first floor. Accused Sanjay Shokeen had pointed towards the bed which was lying in the room at the first floor and he told them that country made pistol was lying inside that bed. He had pointed towards the specific point where the aforesaid pistol was kept. At his pointing out, they recovered the aforesaid pistol. He prepared sketch of pistol and seizure memo of the said pistol. No public person was joined as witness to the said recovery. Vol. He has stated that apart from the relatives of accused, no other independent public person was present at that time and therefore public person could not be joined to the said recovery. The entrance door of the house of the accused Sanjay Shokeen was south facing. He had denied that he is deposing falsely as the entrace door of the accused house was north facing or that he had never visited the house of accused Sanjay Shokeen. The site plan of place of recovery of country made pistol was prepared. No chance print were obtained/lifted from the said pistol as well as cartridges. After sealing the country made pistol and cartridges, the seal was handed over by him to HC Satish. The said seal was handed over to him by Ct Satish on the same day after he deposited the sealed country made pistol and cartridges at the malkhana.
108. All the aforesaid three witnesses have identified the State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri Page 58 of 58 country made pistol which was recovered from the possession of accused Sanjay Shokeen.
109. After looking into the cross examination of PW20 SI Manoj Dahiya, the same cannot be disbelieved. His testimony remained unshaken and in the cross examination also, nothing came out to disbelieve him.
110. In view of above discussion, all the aforesaid three witnesses have corroborated each other regarding recovery of country made pistol from the possession of accused Sanjay Shokeen on his pointing out. Accordingly, prosecution has been able to prove the offence u/s 25 of Arms Act against the accused Sanjay Shokeen for which he is held guilty and convicted accordingly.
(Announced in open Court on 22.09.2018) (Virender Kumar Goyal) ASJ04, West District, Tis Hazari Court, Delhi State Vs. Sanjay Shokeen @ Sandeep FIR No. 216/11 P.S. - Vikas Puri