Delhi District Court
State vs . Sachin Kumar Sharma @ Rinku Etc.(4) on 29 September, 2014
IN THE COURT OF SH. AMIT BANSAL, ADDITIONAL SESSION
JUDGE 04 (NORTHWEST DISTRICT) ROHINI COURTS, DELHI
IN THE MATTER OF :
S.C. No. 93/01
Unique case ID No. 02404R0095172008
FIR No. 945/07
U/S 186/353/307/482/34 IPC &
Section 25/27 Arms Act, 1959.
P.S. Mangol Puri
State Vs. Sachin Kumar Sharma @ Rinku etc.(4)
STATE VERSUS 1. Sachin Kumar Sharma @
Rinku S/O Sh. Adarsh
Kumar Sharma, R/O M376,
J J Colony, Shakur Pur,
Delhi.
2. Mohd. Ishraj @ Rohit
S/O Mohd. Nizamuddin,
R/O E12, J J Colony,
ShakurPur, Delhi.
3. Bijender Kumar @ Bunty
S/O Sh. Jeet Singh, R/O M
365,J J Colony, Shakur Pur,
Delhi.
S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 1 of 43
4. Sonu Kumar Singh @
Manoranjan S/O Sh.
Parmanand, R/O M376, J J
Colony, Shakur Pur, Delhi.
Date of receipt of file in this Court: 28.01.2014
Date when arguments were heard: 27.09.2014
Date of judgment : 29.09.2014
JUDGMENT
1. All the above said four accused persons have been charge sheeted by P S Mangol Puri for commission of offences punishable U/S 186/353/307/482/34 IPC & Section 25/27 Arms Act, 1959.
2. Copies of charge sheet were supplied to all the accused persons. The Ld. Addl. Chief Metropolitan Magistrate after complying with the provision of Section 207 CrPC, committed the case to the Court of Sessions as the offence punishable U/S 307 IPC is exclusively triable by the Sessions Court.
3. Story of the prosecution in brief is that on 20.12.07 an information was received by HC Rajender and PW9 ASI Charan Singh ( posted at Special Team, Crime Branch, S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 2 of 43 Prashant Vihar, Delhi) that some persons involved in a broad day light bank robbery in the area of Punjabi Bagh would come in a Maruti Esteem car No. HR 26 D 9768 and would reach at Indian Oil Petrol Pump from the side of Rani Bagh via Guru Hari Krishan Marg , Road No. 43, towards Mangol Puri at about 9 p.m., they would be carrying illegal arms and ammunition and if raided they could be apprehended. This information was reduced to writing vide DD No. 9 ( Ex. PW 9/A) and was also informed to Inspector Raj Kumar who further informed the Senior Officers. Thereafter, a raiding party was organized consisting of police officials which left the Crime Branch office, Prashant Vihar, Delhi at about 8.00 p.m. and proceeded towards the Indian Petrol Pump in three private vehicles. Only PW9 ASI Charan Singh was in police uniform and other members of the police party were in civil dress. At about 8.15 p.m. they reached outer Ring Road Deepali Chowk where PW9 requested 67 passers by to join the raiding party but none agreed and left the spot without disclosing their names and addresses. At about 8.45 p.m. the police party reached at road No. 43, Guru Har Krishan Marg road opposite Indian Oil Petrol Pump on the road S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 3 of 43 which comes from the side of Rani Bagh and proceeds towards Industrial Area, Mangol Puri, Delhi and a Nakabandi was made after parking the vehicles. At about 9.15 p.m. one Maruti Esteem car bearing registration No. HR26 D 9768 came from the side of Rani Bagh which was signaled to stop by PW9 but the said vehicle did not stop and went towards Anukampa Banquet Hall T point, the said vehicle was chased by the vehicles of raiding party and was over taken by the vehicle in which PW9 was sitting before 50 meters from the T Point at Anukampa Banquet Hall. Accused Mohd. Ishraj @ Rohit alighted from the said Esteem car from front left side, was having a country made pistol and fired towards HC Rajender but the bullet did not hit him, he was over powered by HC Rajender with the help of PW 9 and the said country made pistol ( katta) was taken into possession by HC Rajender from the said accused. The said katta had one fired cartridge and upon personal search of accused Mohd. Ishraj @ Rohit one other live cartridge was found. Accused Sonu @ Manoranjan alighted from the right back seat of said vehicle who had a country made pistol ( katta), fired towards PW2 HC Azad Singh and PW9 ASI S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 4 of 43 Charan Singh but the bullet did not hit him. He was over powered by PW2, the said katta was taken into possession by PW2 from accused Sonu @ Manoranjan and was handed over to PW9. Upon checking the said katta it had one fired cartridge and from the search of the accused one more live cartridge was found. Accused Bijender @ Bunty alighted from the left back side seat of the said Esteem car, was having a country made pistol (katta) and fired towards SI Shiv Darshan ( PW1) but the bullet did not hit him/ weapon misfired and the said accused was apprehended by PW1 with the help of PW12 Ct. Krishan Kumar. The said katta was taken into police possession and was handed over to PW9 which upon checking was found to contain one misfired cartridge. Accused Sachin @ Rinku alighted from the driving seat of the said Esteem car, was having an open buttondar knife, he went towards PW6 HC Shailender Singh but was apprehended by PW7 and the said buttondar knife was taken into possession. The above said Maruti Esteem car was also seized vide seizure memo Ex. PW 6/Q. All the recovered weapons were handed over to PW9. PW9 prepared the sketches and seizure memos. PW9 also prepared the rukka S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 5 of 43 and handed over to PW12 Ct Krishan Kumar for the registration of the FIR. PW12 went to the PS and got the case FIR registered and further investigation of the case was marked to PW13 SI Bhopal Singh. The three country made pistols along with cartridges were sent to FSL, Rohini which found the said kattas in working condition and gave a report ( Ex. PW 4/A) that the country made pistols and the cartridges were fire arms and ammunition respectively as defined in the Arms Act, 1959. During investigation it was revealed that the above said Maruti Esteem car was having fake registration number of HR 26 D 9768 whereas its correct registration number was HR 26 D 5768 and Sh. Inder Taneja ( PW10) i.e. owner of firm Joss Knits India Pvt. Ltd. has sold the said Maruti Esteem car to accused Sachin Kumar Sharma and also handed over the same to the said accused vide delivery receipt Ex. PW 10/A. Sanction U/S 39 Arms Act, 1959 was obtained against the accused Mohd. Ishraj @ Rohit, Bijender @ Bunty and Sonu Kumar Singh @ Manoranjan. The complaint U/S 195 CrPC ( Ex. PW 14/A) was also obtained. It is thus the case of the prosecution that the accused persons in furtherance of their common intention S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 6 of 43 voluntarily obstructed the police officials i.e. public servants of the police raiding party while they were discharging their public duties, the accused persons used criminal force on the said police party to prevent or deter those police persons from lawfully discharging the duties as public servants and also committed such acts with such intention or knowledge and under such circumstances that if by said act they would have caused the death of any of the member of the police party then they would have been guilty of murder. Further, as per the case of prosecution, the accused persons used the fake number plate HR 26 D 9768 on the above said Maurti Esteem car. Further as per the case of prosecution, the accused persons Mohd. Ishraj @ Rohit, Bijender @ Bunty and Sonu @ Manoranjan were found in possession of one desi katta each with ammunition and accused Sachin Kumar Sharma @ Rinku was found in possession of buttondar knife and they also used the same.
4. All the four accused persons are facing trial on the allegations of the prosecution that on 20.12.07 at about 9.20 p.m. on Guru Hari Kishan Marg, Road No.43, DDA park, near Anukampa Banquet Hall towards Rani Bagh side Mangol Puri, Industrial S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 7 of 43 Area within the jurisdiction of P S Mangol Puri they all in furtherance of their common intention voluntarily obstructed the police officials i.e. public servants namely SI Shiv Darshan, HC Rajender, ASI Charan Singh, HC Shailender and other members of the police raiding party mentioned in the rukka while they were discharging their public duties and also used criminal force on the above mentioned police party to prevent or deter said police persons from lawfully discharging their duties as public servants and thereby committed offences punishable U/S 186/353/34 IPC. The accused persons are further facing on the allegations of the prosecution that on the aforesaid date, time and place and above said manner in furtherance of their common intention, accused Mohd. Ishraj @ Rohit fired towards HC Rajender Singh, accused Sonu @ Manoranjan fired towards HC Azad Singh and ASI Charan Singh, accused Bijender Kumar @ Bunty fired towards SI Shiv Darshan and accused Sachin Kumar Sharma attempted to assault on the person of HC Shailender with a buttondar knife with such intention or knowledge and under such circumstances that if by that said act they would have caused death of any of the member of the S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 8 of 43 police party including the above mentioned police officials then they all would have been guilty of murder and thereby committed an offence punishable U/S 307/34 IPC. The accused persons are further facing trial on the allegations of the prosecution that on the above mentioned date, time and place they all were present in the above said Maruti Esteem car having fake number plate of HR 26D 9768 (with correct number HR 26D 5768), which was found to be fake during the course of investigation and they used the said property mark with the intention to cheat and thereby committed an offence punishable U/S 482 IPC.
Accused Mohd. Ishraj @ Rohit is further facing trial on the allegations of prosecution that on the above stated date, time and place he was found in possession of desi katta , one live round and one fired round in his possession when he was apprehended by the police and the said katta was used by him for firing on the police party and the said arms and ammunition was found in contravention of Arms Act and thereby, he committed an offence punishable U/S 25/27 Arms Act, 1959.
Accused Bijender @ Bunty is further facing trial on S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 9 of 43 the allegations of prosecution that on the above stated date, time and place he was found in possession of desi katta and one misfired round in his possession when he was apprehended by the police and the said katta was used by him for firing on the police party and the said arms and ammunition was found in contravention of Arms Act and thereby, he committed an offence punishable U/S 25/27 Arms Act, 1959.
Accused Sonu @ Manoranjan is further facing trial on the allegations of prosecution that on the above stated date, time and place he was found in possession of desi katta, one live round and one fired round in his possession when he was apprehended by the police and the said katta was used by him for firing on the police party and the said arms and ammunition was found in contravention of Arms Act and thereby, he committed an offence punishable U/S 25/27 Arms Act, 1959.
Accused Sachin Kumar Sharma @ Rinku is further facing trial on the allegations of the prosecution that on the above said date, time and place he was found in possession of one buttondar knife in contravention of Notification of Delhi Govt. and the said buttondar knife was used by him against the police S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 10 of 43 party ( HC Shailender) and thus he committed an offence punishable U/S 25/27 Arms Act, 1959.
The charge against the accused persons was framed by Ld. Predecessor of this court on 17.10.08 to which they pleaded not guilty and claimed trial. The case was thereafter fixed for prosecution evidence .
5. The prosecution has examined total 14 witnesses in support of its case and thereafter the prosecution evidence was closed .
6. Separate statements of all the accused persons were recorded U/S 313 CrPC in which the accused persons denied all the material incriminating circumstances appearing in the prosecution evidence on record against them and stated that they were innocent and had been falsely implicated in the present case. They further stated that the weapon of offence was planted on them by the police. All the four accused persons preferred not to lead any defence evidence.
7. I have heard the final arguments and carefully perused the record.
8. Ld. Addl. P P for the State argued that PW1, PW2, PW6, PW 9 and PW12 were the members of the police raiding party along S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 11 of 43 with other police officials and all the said witnesses have supported the case of prosecution against the accused persons. He further argued that all the said witnesses have corroborated each other on material aspects and no material contradiction has arisen in their testimony. He contended that the minor variations in the testimony of the witnesses are inconsequential due to lapse of time. He argued that the prosecution witnesses have clearly deposed regarding the role of each accused and have also mentioned regarding the weapon which was used by each accused and seized from them. He argued that the accused persons in furtherance of their common intention voluntarily obstructed the police officials i.e. public servants in discharge of their public functions, used criminal force to deter the said police officials i.e. public servants from discharge of their duties and also used deadly weapons against the police party under such circumstances that if by their act they would have caused death of any of the member of the police party then they would have been guilty of murder. He submitted that the prosecution has also proved that the accused persons used fake number plate HR 26D 9768 on the Maruti Esteem car in which S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 12 of 43 they were travelling. He further argued that the prosecution has proved by the testimony of the witnesses that accused Mohd. Ishraj @ Rohit, Bijender @ Bunty and Sonu @ Manoranjan were found in conscious possession of one katta each along with ammunition and they used the said katta against the police party whereas accused Sachin Kumar Sharma @ Rinku was having a buttondar knife and he also used the same against the police party. He submitted that the FSL report and sanction U/S 39 of the Arms Act has been proved on record by the prosecution. He also submitted that PW14 has also proved the complaint U/s 195 CrPC against the accused persons. He thus prayed that the prosecution has proved the case against all the accused persons beyond reasonable doubt and that all the accused persons should be convicted U/S 186/ 353/307/34 IPC, Section 482 IPC and U/S 25/27 Arms Act, 1959.
9. The Ld. Counsels for the accused persons argued that the accused persons were falsely implicated in the present case and the weapons were planted upon them. They further argued that PW6 could not exactly depose the role of every accused and the benefit of doubt should be given to the accused persons. S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 13 of 43 They further argued that no public witness was associated during the entire investigation and the testimony of police witnesses should not be believed. They further argued that the prosecution has failed to prove false property mark i.e. any alleged fake number plate of the above said Esteem car and, therefore, the accused persons are liable to be acquitted U/S 482 IPC. They argued that the prosecution has failed to prove its case against the accused persons beyond reasonable doubt and prayed that all the accused persons be acquitted of all the charges in this case.
10. As discussed above, the prosecution in support of its case has examined total 14 witnesses.
PW1 SI Shiv Darshan is a material witness for the prosecution being the member of the police raiding party which was obstructed in discharge of its public functions by the accused persons. The sketch of the country made pistol ( katta) containing one misfired cartridge which was seized by PW1 from accused Bijender @ Bunty has been proved as Ex. PW 1/A. The seizure memo of the said katta has been proved as Ex. PW 1/B. The said katta has been proved as Ex. P1 and the S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 14 of 43 said misfired cartridge has been proved as Ex. P2.
PW2 HC Azad Singh is a material witness for the prosecution being the member of the police raiding party which was obstructed in discharge of its public functions by the accused persons. PW2 overpowered the accused Sonu @ Manoranjan and seized the country made pistol (katta) from the said accused. He deposed that the katta recovered from the possession of said accused was checked which was found to contain one fired cartridge and on search of said accused one live cartridge of 8 mm KF was also recovered. The sketch of country made pistol, fired cartridge and live cartridge is Ex. PW 2/A and the seizure memo in this regard has been proved as Ex. PW 2/B. He deposed that the said country made pistol was measured and its length of barrel was 9.5 cm, length of body was 10.2 cm and the length of butt was 8.5 cm. Said country made pistol is Ex. P3 and fired/ used cartridges are Ex. P4 collectively.
PW3 S I Madan Lal was working as Duty Officer in the intervening night of 20/21.12.07 at P S Mangol Puri from 5 p.m. to 1 a.m. On that day at about 12.50 a.m. he received a S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 15 of 43 rukka through PW12 Ct. Krishan Kumar sent by PW9 ASI Charan Singh of Special Team ( Crime Team) for the registration of the case. PW3 registered the case FIR which has been proved as Ex. PW 3/A and also made endorsement on the original rukka vide DD No. 3A which has been proved as Ex. PW 3/B. PW4 Sh. Punit Puri is the Senior Scientific Officer ( Ballistics), FSL, Rohini, Delhi who deposed to the effect that on 25.01.08 three sealed parcels sealed with the seal of CSM were received in the office. He deposed to the effect that the three country made pistols were fire arms and the cartridges and cartridge cases were ammunition as defined in the Arms Act,1959. The detailed report of PW4 in this regard is Ex. PW 4/A bearing his signatures at point A. PW5 Ct. Girish Bhushan is only a formal witness who brought the summoned record i.e. Dispatch Register Vol. I w.e.f. 01.01.08 to 01.02.08 containing the dispatch diary number 2330 dated 21.01.08. He deposed that as per the record, special permit for purchasing .375 bore cartridges was issued to DCP (Crime and Railway). Copy of above said S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 16 of 43 dispatch diary is Ex. PW 5/A. PW6 HC Shailender Singh is a material witness for the prosecution being the member of the police raiding party which was obstructed in discharge of its public functions by the accused persons. He has deposed to the effect that the accused Sachin Kumar Sharma was driving the Esteem car, he came out of the said car, he was having an open knife in his hands and he was apprehended by him. He further deposed to the effect that he produced accused Sachin Kumar Sharma along with one buttondar knife upon which PW9 prepared sketch of the knife which has been proved as Ex. PW 6/A bearing his signatures at point A. He deposed that the knife was sealed in a cloth parcel, was sealed with the seal of CSM and it was taken into possession vide seizure memo Ex. PW 6/B bearing his signatures at point A. He has deposed that all the accused persons were arrested by PW13 SI Bhopal Singh and their personal search was also conducted. He has proved the arrest memo of accused Mohd. Ishraj @ Rohit and his personal search memo as Ex. PW 6/C and Ex. PW 6/G respectively. The arrest memo and personal search memo of accused Sonu @ S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 17 of 43 Manoranjan have been proved as Ex. PW 6/D and Ex. PW 6/H respectively. The arrest memo and personal search memo of accused Bijender @ Bunty have been proved as Ex. PW 6/E and Ex. PW 6/J respectively. The arrest memo and personal search memo of accused Sachin Kumar Sharma have been proved as Ex. PW 6/F and Ex. PW 6/K respectively bearing his signatures at point A. The disclosure statements of accused Sachin, Sonu, Mohd. Ishraj and Bijender have been proved as Ex. PW 6/L, Ex. PW 6/M, Ex. PW 6/N and Ex. PW 6/P respectively. He deposed that PW13 SI Bhopal Singh also took the above said Esteem car into possession vide seizure memo Ex. PW 6/Q. The buttondar knife as seized/ recovered from accused Sachin Kumar Sharma is Ex. P5.
PW7 Sh. Madhup Kumar Tiwari, Addl. C.P. ( Licensing ) has deposed that on 15.02.08 he was posted as DCP ( Crime & Railways) and on that day after perusal of the record produced before him, he gave sanction U/S 39 of Arms Act, 1959 against accused Mohd. Ishraj @ Rohit, Sonu Kumar Singh @ Manoranjan and Bijender Kumar @ Bunty. The said sanction U/S 39 of the Arms Act 1959 has been proved as Ex. S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 18 of 43 PW 7/A bearing the signatures of PW7 at point A. PW8 HC Niranjan Singh was working as MHC(M) and has deposed regarding entries in register No.19 regarding depositing and sending of pulandas/articles in malkhana of PS Mangolpuri. The said entries have been proved as Ex.PW8/A to Ex.PW8/H and from Ex.PW8/J to Ex.PW8/R. He deposed that as long as the exhibits remained in his possession, he did not tamper with the same.
PW9 SI Charan Singh is a material witness for the prosecution being the member of the police raiding party which was obstructed in discharge of its public functions by the accused persons. He is also the 1st IO of the case. The DD No.9 dated 20.12.2007 Special Team Crime Branch, Prashant Vihar, Delhi vide which secret information was received by HC Rajender has been proved as Ex.PW9/A. He has also deposed on the lines of the testimony of other members of the police raiding party. He deposed that the formal search of accused Mohd. Israj @ Rohit was conducted by HC Rajender and one live cartridge of 8mm was recovered from the pocket of his wearing pants. He also deposed that HC Rajender produced the S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 19 of 43 said accused along with country made pistol and live cartridge before him and upon checking the said country made pistol was found to contain one fired cartridge of 8mm in the chamber of the said pistol which was unloaded. PW9 prepared the sketches of said country made pistol, live and fired cartridge which is Ex.PW9/B and those were taken into possession after preparing a pulanda sealed with seal of CSM vide seizure memo Ex.PW9/C. PW9 prepared rukka and handed over the same to Ct. Krishan Kumar (PW12) for registration of the case at PS Mangolpuri, Inspector Raj Kumar called SI Bhopal Singh (PW13 / 2nd IO) from Special Team at the spot, PW9 produced all the accused persons, pulandas and the documents prepared before PW13 and PW13 prepared site plan Ex.PW9/D at the instance of PW9. PW9 identified the country made pistol and one misfired cartridge recovered from the possession of accused Bijender Kumar @ Bunty as Ex.P1 and Ex.P2 respectively. PW9 also identified one country made pistol and two fired cartridges (one cartridge was test fired and another was used at the time of incident) as recovered from the possession of the accused Sonu Kumar Singh @ Manoranjan as Ex.P3 and S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 20 of 43 cartridges Ex.P4 (colly). PW9 also identified one buttondar knife as recovered from the possession of accused Sachin Sharma which is Ex.P5. PW9 also identified one country made pistol and two fired cartridges (one cartridge was test fired and another was used at the time of incident) as recovered from the possession of the accused Mohd. Israj @ Rohit as Ex.P6 and cartridges Ex.P7 (colly). He also identified all the accused persons present in the court.
PW10 Shri Inder Taneja was running a factory in the name & style of Joss Knits India Pvt. Ltd., Gurgaon and deposed that the Maruti Esteem car bearing registration No. HR26D 5768 was in the name of his above said firm, it was purchased in the year 1996 and on 13.3.2007, the same was sold by him to accused Sachin Sharma for Rs.50,000/ and its possession was also delivered on 13.3.2007 at 10.00am to accused Sachin Sharma vide delivery receipt Ex.PW10/A. PW 10 also identified the said car as Ex.P8 which was produced in the court complex by superdar / accused Sachin Sharma. In crossexamination, PW10 did not know whether the ownership of the said car have been transferred in the name of accused S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 21 of 43 Sachin Sharma or not.
PW11 Mr. Mehar Singh Gandhi was the registration clerk, STO (Civil cum Registration Authority), Gurgaon, Haryana. He deposed to the effect that on 8.2.2008, PW13 SI Bhopal Singh came to his office at Gurgaon and moved an application Ex.PW11/A seeking information regarding original Number of vehicle No. HR26D 9768 having Engine No. 0564905 and Chassis No. 0201610. He deposed that he had clarified from Maruti Suzuki India Ltd. regarding the make of HR26D 5768 and as per certificate Ex.PW11/B issued by them, the vehicle having above said engine number and chassis number was of Maruti Esteem. He deposed that he had also confirmed from M/s. Pasco Automobiles, the authorized dealers of Maruti Suzuki, regarding the make of the vehicle and they also issued a certificate Ex.PW11/C stating that the vehicle bearing above said engine number and chassis number was make Esteem of the year 1996. PW11 also brought the order dated 18.4.2011 Ex.PW11/D issued by Addl. Transport Commissioner, Haryana, Chandigarh and the order dated 17.12.2009 Ex.PW11/E issued by SDM, Gurgaon regarding the destruction of files relating to S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 22 of 43 Motor Vehicle Registration and driving licenses upto the year 2006 pursuant to which the record of vehicle bearing registration no. HR 26D 5768 have been destroyed.
PW12 Ct. Krishan Kumar is a material witness for the prosecution being the member of the police raiding party which was obstructed in discharge of its public functions by the accused persons. He took the rukka prepared by PW9 to PS Mangolpuri for registration of the case and after getting the case registered, he came back at the spot along with copy of FIR and rukka in original which were handed over to PW13 as the investigation was assigned to him. He also identified one country made pistol and one cartridge (misfired cartridge) as recovered from accused Bijender @ Bunty as Ex.P1 and Ex.P2 respectively. He also identified all the accused persons present in the court. He also deposed regarding the recovery of some currency notes / cash amount at the instance of accused persons pertaining to some other case. He has deposed on the lines of the testimony of other prosecution witnesses who were members of the police raiding party.
PW13 SI (Retired) Bhopal Singh is the 2nd IO of S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 23 of 43 the case. He has deposed on the lines of testimony of other prosecution witnesses. He further deposed that he gave the notice to all the accused persons after providing them one monkey cap each to cover their faces and the notices have been proved as Ex.PW13/A to Ex.PW13/D. He also deposited the case property with the MHC(M). He further deposed that on 23.1.2008, three live cartridges of .315 bore were got purchased through DCP Licensing after getting special permit from him which were sent to FSL Rohini with the other exhibits on 25.1.2008 through PW2 HC Azad Singh. He deposed that on 12.2.2008, the complaint u/s. 195 Cr.PC was filed through ACP in the court of Ld. ACMM, Rohini Courts and he also obtained sanction u/s. 39 Arms Act, 1959 on 15.2.2008 after obtaining the FSL results on 14.2.2008. After completion of the investigation, the charge sheet was filed in the court. It is pertinent to note that during the testimony of PW13, the identity of the above said car Ex.P8 was not disputed by any of the accused.
PW14 Shri Sanjay Bhatia DCP proved the complaint u/s. 195 Cr.PC dated 12.2.2008 against the accused persons as Ex.PW14/A. S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 24 of 43
11. The prosecution has examined total five prosecution witnesses who were member of the above said police raiding party i.e PW1, PW2, PW6, PW9 and PW12. PW1, PW2, PW9 and PW12 have deposed consistently on the same lines and have corroborated each other. PW6 HC Shailender Singh has also deposed on the lines of the testimony of the above said witnesses, however, he deviated to some extent regarding the position of the accused Sonu Kumar @ Manoranjan and accused Bijender @ Bunty in the above said Maruti Esteem Car and as to who apprehended them. Perusal of the testimony of PW6, however shows that Ld. Addl. PP for State sought permission from the Court to put a leading question to PW6 regarding the accused being overpowered by the respective police officials in which PW6 admitted that the police officials who produced the respective accused persons before PW9 had infact overpowered and apprehended those accused persons. He further deposed after being led by Addl. PP for State that accused Sonu Kumar @ Manoranjan was apprehended by PW 2 and accused Bijender Kumar @ Bunty was apprehended by S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 25 of 43 PW1. In these circumstances, the defence cannot take any benefit from the testimony of PW6 and moreover as other prosecution witnesses have deposed consistently and on similar lines regarding the incident and role of the accused persons.
The case of the prosecution as deposed by the prosecution witnesses PW1, PW2, PW6, PW9 and PW12 is that on 20.12.2007, an information was received by HC Rajender through secret informer that the accused persons would come in a Maruti Esteem Car No.HR26D 9768 armed with illegal arms and ammunition and would reach at Indian Oil Petrol pump from the side of Rani Bagh via Guru Harkishan Mark, Road No.43 at about 9.00pm to commit robbery at Petrol Pump and they can be apprehended if a raid is conducted. HC Rajender passed the said information to PW9 and after verifying the facts the said information it was reduced into writing by PW9 vide DD No.9 dated 20.12.2007 Special Team Crime Branch, Prashant Vihar, Delhi Ex.PW9/A. Thereafter, a raiding party was organized consisting of Inspector Raj Kumar, PW1, PW6, HC Pradeep, HC Rajender, PW2, PW12, Ct.Satish, Ct. Pawan, secret informer and PW9. PW9 was only in police S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 26 of 43 uniform whereas other members of the raiding party were in civil dress. The raiding party left the office of crime branch at about 8.00pm and proceeded towards the Indian Petrol Pump, situated at Guru Harkishan Marg in three private vehicles. At about 8.15pm, they reached outer ring road, Deepali Chowk where PW9 requested 67 passers by to join the raiding party but none agreed and left without disclosing their names and addresses. At about 8.45pm, the raiding party reached at Road No.43, Guru Harkishan Marg, opposite Indian Oil petrol pump on the road which comes from the side of Rani Bagh towards Industrial Area Mangol Puri where a nakabandi was made after parking the vehicles of the raiding party. At about 9.15pm, one Maruti Esteem car (Ex.P8) bearing No. HR26D 9768 came from the side of Rani Bagh which was signaled to stop by PW9 but the said vehicle did not stop. The said vehicle was chased by the vehicles of the raiding party and the same was intercepted by the car which was being driven by PW9 before 50 meters from the T point at Anukampa Banquet Hall near DDA Park and other members of the raiding party also reached there in their vehicles. Accused Mohd. Israj @ Rohit who was sitting in the S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 27 of 43 front left side of the driver of said Esteem Car alighted from the said car, he was having one country made pistol (katta) Ex.P6 and fired one bullet towards HC Rajender but the bullet did not hit him and accused Mohd. Israj @ Rohit was overpowered and apprehended by HC Rajender. The above said katta was snatched from the right hand of accused by HC Rajender. Accused Sonu @ Manoranjan alighted from the right back seat of the said Esteem Car, took out a country made pistol (katta) Ex.P3 and fired one bullet towards PW2 and PW9 but the bullet did not hit them. Accused Sonu @ Manoranjan was overpowered by PW9 with the help of PW2. The said katta was snatched by PW9 from the right hand of accused Sonu @ Manoranjan. Accused Bijender @ Bunty alighted from the left back side seat of the said Esteem car. He was having a country made pistol (katta) Ex.P1 and fired towards PW1 but the bullet misfired. He was overpowered and apprehended and the above said katta was snatched by PW1 from him. Accused Sachin Sharma @ Rinku alighted from the driving seat of the said Esteem car, he was having an open buttondar knife Ex.P5 and he pounced towards PW6 but he was also overpowered and S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 28 of 43 apprehended by PW6. The said buttondar knife Ex.P5 was snatched from the right hand of the said accused.
The above said is the role attributed to each of the accused by the above said material prosecution witnesses who were members of the police raiding party. All the accused persons who were apprehended at the spot were also identified by the prosecution witnesses in the court.
As far as the weapons of offence, as seized / recovered from the accused persons at the spot are concerned, the said prosecution witnesses have deposed to the effect that from the accused Mohd. Israj @ Rohit one country made pistol (katta) Ex.P6 was recovered / seized which upon checking was found to contain one fired cartridge of 8mm in the chamber of the said katta and from the formal search of said accused one other live cartridge of 8mm was recovered from the pocket of his wearing pants. PW9 prepared the sketches Ex.PW9/B of said katta, live and fired cartridge and the same were taken into possession vide pulanda sealed with the seal of CSM vide seizure memo Ex.PW9/C. The said cartridges are collectively proved as Ex.P7. From the accused Sonu @ Manoranjan one S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 29 of 43 country made pistol (katta) Ex.P3 was recovered / seized which upon checking was found to contain one fired cartridge of 8mm in the chamber of the said katta and from the formal search of said accused one other live cartridge of 8mm was recovered from the pocket of his wearing pants. PW9 prepared the sketches Ex.PW2/A of said katta, live and fired cartridge and the same were taken into possession vide pulanda sealed with the seal of CSM vide seizure memo Ex.PW2/B. The said cartridges are collectively proved as Ex.P4. From the accused Bijender @ Bunty, one country made pistol (katta) Ex.P1 was recovered / seized which upon checking was found to contain one misfired cartridge of 8mm in the chamber of the said katta. PW9 prepared the sketches Ex.PW1/A of said katta and misfired cartridge and the same were taken into possession vide pulanda sealed with the seal of CSM vide seizure memo Ex.PW1/B. The said misfired cartridge is proved as Ex.P2. PW9 also filled the requisite FSL forms regarding the recoveries of arms and ammunitions from the above said accused persons. From the accused Sachin Sharma @ Rinku, one open buttondar knife Ex.P5 was recovered / seized. PW9 prepared the sketch S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 30 of 43 Ex.PW6/A of said buttondar knife and the same was taken into possession vide pulanda sealed with the seal of CSM vide seizure memo Ex.PW6/B. PW4 Shri Puneet Puri, Senior Scientific Officer (ballistics), FSL, Rohini, Delhi has given his detailed report dated 13.2.2008 regarding the said recovered/ seized kattas and cartridges which is Ex.PW4/A. PW4 has deposed to the effect that on 25.1.2008, three sealed parcels with the seal of CSM of the present case were received in the office of FSL and the seals were found intact as per the specimen seal. He has further deposed that on opening the first parcel, one country made pistol .315 inch bore, one 8mm/.315 inch cartridge and one 8mm/.315 inch cartridge case were found which were marked as Ex.F1, A1 and EC1 respectively by him. He has further deposed that on opening the second parcel, one country made pistol .315 inch bore, one 8mm/.315 inch cartridge and one 8mm/.315 inch cartridge case were found which were marked as Ex.F2, A2 and EC2 respectively by him. He deposed that on opening the third parcel, one country made pistol .315 inch bore and one 8mm / .315 inch cartridge were found and were marked as Ex.F3 and S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 31 of 43 A3 respectively by him. He had deposed that upon examination, he found that the country made pistols Ex.F1, Ex.F2 and Ex.F3 were found in working condition and the test fire was conducted successfully. The cartridge A1 was live one and was test fired through the country made pistol Ex.F1 and the test fired cartridge case was marked TC1. He deposed that the cartridge Mark A2 was also live one and was test fired through the country made pistol Ex.F2 and the test fired cartridge case was marked Ex.TC2. He deposed that the cartridge Ex.A3 was misfired one, one 8mm cartridge from the laboratory stock was test fired through the country made pistol Ex.F3 and the test fired cartridge case was marked as Ex.TC3. He deposed that the cartridge case TC1 was a fired empty cartridge and had been fired through the country made pistol Ex.F1 as the individual characteristics of firing pin marks and breech face marks present on Ex.EC1 and on test fired cartridge case Ex.TC1 were found identical when examined under the comparison microscope. He deposed that the cartridge case Ex.EC2 was a fired empty cartridge and had been fired through the country made pistol Ex.F2 as the individual characteristics of firing pin S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 32 of 43 marks on Ex.EC2 and on test fire cartridge case mark TC2 were found identical when examined under comparison microscope. He deposed that the cartridge Mark A3 was misfired through the country made pistol Ex.F3 as the individual characteristics of firing pin impressions present on Ex.A3 and on test cartridge case mark TC3 were found identical when examined under comparison microscope. He further deposed that country made pistols Ex.F1 to Ex.F3 were fire arms, the cartridges marked Ex.A1 to Ex.A3 and the cartridge cases Mark EC1 and EC2 were ammunition as defined in the Arms Act, 1959. In cross examination, PW4 interalia deposed that he had himself examined the case property and its seal was found intact. Nothing has appeared in the testimony of PW4 to discredit his testimony or his report Ex.PW4/A bearing his signatures at point A. From the said testimony of PW4, the prosecution has proved beyond reasonable doubt that the country made pistols, cartridge cases and the cartridges as mentioned above which were seized/ recovered from accused Mohd. Israj @ Rohit, Sonu @ Manoranjan and Bijender @ Bunty were fire arms and ammunitions as defined in the Arms Act, 1959 and the said S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 33 of 43 country made pistols were in working condition.
PW7 Shri Madhup Kumar Tiwari, the then Addl. CP (Licensing), Delhi has proved the sanction dated 15.2.2008 u/s. 39 of the Arms Act, 1959 against the accused Mohd. Israj @ Rohit, Sonu Kumar Singh @ Manoranjan and Bijender Kumar @ Bunty as Ex.PW7/A bearing his signatures at point A. Perusal of record shows that nothing material has come in the cross examination of PW7 to discredit his testimony.
PW14 Shri Sanjay Bhatia, the then DCP Railways, has proved the complaint u/s. 195 Cr.PC dated 12.2.2008 against all the four accused persons as given by him when he was working as ACP, Special Team, Crime Branch, Delhi as Ex.PW14/A. In crossexamination, PW14 inter alia deposed that the IO did not produce the case property at that time (i.e at the time when he gave the said complaint) as it was not required. Again, nothing material has come in the crossexamination of PW14 to discredit his testimony on any material aspect. The prosecution thus through the testimony of PW14 has been able to prove the said complaint u/s. 195 Cr.PC against all the four accused persons as Ex.PW14/A. S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 34 of 43
12. As discussed above, the testimony of the above mentioned prosecution witnesses including the members of the police raiding party i.e. PW1, PW2, PW6, PW9 and PW12 is consistent and they corroborate each other in material particulars. Nothing material has cropped up in the cross examination of the prosecution witnesses to discredit their testimony and the said prosecution witnesses are trustworthy and can be relied upon. From the testimony of above said material prosecution witnesses including the consistent and trustworthy testimony of material witnesses i.e. PW1, PW2, PW6 , PW9 and PW12, the prosecution has proved beyond reasonable doubt that the accused persons in furtherance of their common intention voluntarily obstructed the members of the police raiding party especially PW1, PW2, PW6, PW9 and HC Rajender i.e. public servants in the discharge of their public functions. The prosecution has further proved beyond reasonable doubt that the accused persons in furtherance of their common intention voluntarily used criminal force against the members of the police raiding party especially PW1, PW2, PW6, PW9 and HC Rajender i.e. public servants while they S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 35 of 43 were executing their duties as such public servants with an intention to prevent or deter the said public servants from discharging their duties as such public servants. The accused persons are thus liable to be convicted U/S 186/34 IPC and U/S 353/34 IPC.
As discussed above, the prosecution witnesses have deposed to the effect that the accused Mohd. Ishraj @ Rohit fired a bullet from his country made pistol Ex. P6 towards HC Rajender but the bullet did not hit him and the said accused was over powered and apprehended by HC Rajender. The said country made pistol Ex. P6 was seized from accused Mohd. Ishraj @ Rohit at the spot. Accused Sonu @ Manoranjan fired a bullet from his country made pistol Ex. P3 towards PW9 and PW2 but the bullet did not hit them and the said accused was over powered and apprehended by PW9 with the help of PW2. The said country made pistol Ex. P2 was seized from the accused Sonu @ Manoranjan at the spot. Similarly accused Bijender @ Bunty fired a bullet from his country made pistol Ex. P1 towards PW1 but the bullet misfired and he was overpowered and apprehended at the spot. The said country S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 36 of 43 made pistol Ex. P1 was also seized from the accused Sonu @ Manoranjan at the spot. Accused Sachin @ Rinku was having an open buttondar knife Ex. P5 and he pounced towards PW6 but was overpowered and apprehended by PW6. The said buttondar knife in open condition was also snatched from the accused Sachin Kumar Sharma @ Rinku at the spot. As per the case of prosecution all the said accused persons were travelling in the above said Esteem car Ex. P8 and did not stop the said vehicle while it was signaled to stop by PW9. Thereafter all the accused persons alighted from the said vehicle with the above said weapons and attacked the above said police officials of the raiding party. The above said acts of the accused persons show that they had a common intention to commit an act with their respective weapons under such circumstances that if by the said act they had caused death of HC Rajender or PW2 and PW9 or PW1 or PW6 then they would have been guilty of murder. The prosecution has thus proved beyond reasonable doubt that the accused persons in furtherance of their common intention attempted to murder HC Rajender or PW2 and PW9 or PW1 or PW6 and they all are thus liable to be S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 37 of 43 convicted U/S 307/34 IPC.
13. As discussed above, the prosecution has proved beyond reasonable doubt by the testimony of PW1, PW2, PW6, PW9 and PW12 i.e. the members of the police raiding party that accused Mohd. Ishraj @ Rohit was found in conscious possession of one country made pistol Ex. P6 which contained one fired cartridge of 8 mm whereas upon his search he was found to possess one live cartridge of 8 mm ( cartridges have been collectively proved as Ex. P7). The prosecution has further proved beyond reasonable doubt from the testimony of said material witnesses that accused Sonu @ Manoranjan was found in conscious possession of one country made pistol Ex. P 3 which contained one fired cartridge of 8 mm whereas upon his search he was found to possess one live cartridge of 8 mm ( cartridges have been collectively proved as Ex. P4). The prosecution has further proved beyond reasonable doubt from the testimony of said material witnesses that accused Bijender @ Bunty was found in conscious possession of one country made pistol Ex. P1 which contained one misfired cartridge of 8 mm ( cartridge has been proved as Ex. P2). The prosecution S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 38 of 43 has further proved beyond reasonable doubt from the testimony of said material witnesses that accused Sachin Kumar Sharma @ Rinku was found in conscious possession of one open buttondar knife Ex. P5 . The seizure memos of the said weapons from the accused Mohd. Ishraj @Rohit, accused Sonu Kumar @ Manoranjan, accused Bijender @Bunty and accused Sachin Kumar Sharma @ Rinku have been proved as Ex. PW 9/C, Ex. PW 2/B, Ex. PW 1/B and Ex. PW 6/B respectively. PW 4 has proved through his testimony and his FSL report Ex. PW 4/A that the said country made pistols were fire arms and the cartridges along with cartridge cases were ammunition as defined in the Arms Act, 1959. He further proved that the said country made pistols were found in working condition and the test fire were conducted successfully. The prosecution from the testimony of above said material witnesses has also proved beyond reasonable doubt that accused Mohd. Ishraj @ Rohit used his country made pistol by firing towards HC Rajender, the accused Sonu @ Manoranjan used his country made pistol by firing towards PW9 and PW2, accused Bijender @ Bunty used his country made pistol by firing towards PW1 (the bullet S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 39 of 43 misfired) and the accused Sachin Kumar Sharma @ Rinku also used his buttondar knife by pouncing towards PW6 . The prosecution has thus proved beyond reasonable doubt that the accused persons i.e. Mohd . Ishraj @ Rohit , Sonu Kumar @ Manojranjan and Bijender @ Bunty were in conscious possession of above said illegal arms and ammunition without valid license and also illegally used the same against the police officials of the raiding police party whereas accused Sachin Kumar Sharma @ Rinku was in conscious possession of one buttondar knife against the Notification No.F13/203/78,Home(G) dated 17.02.79 of the Delhi Administration issued by Under Secretary, Home (General), Delhi Administration, Delhi ( Judicial cognizance of said Notification taken) and also used the same against PW6 i.e. member of the police raiding party. All the said four accused persons are thus liable to be convicted and hence, are convicted U/S 25/27 Arms Act, 1959.
14. As far as Section 482 IPC is concerned, the prosecution has failed to prove the alleged fake number plate i.e. HR 26 D 9768 on record. There is substance in the submissions of Ld. Defence counsels in this regard that without proving the said S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 40 of 43 false property mark i.e. the fake number plate, the prosecution is not in a position to prove the offence U/S 482 IPC against the accused persons. The prosecution has tried to prove through the prosecution witnesses that the Maruti Esteem car Ex. P8 was having a fake number plate i.e. false property mark of HR 26 D 9768 whereas the correct number was HR 26 D 5768, however, the prosecution has failed to prove on record the said false property mark i.e. the said fake number plate. In the absence of proving the said false property mark i.e. the fake number plate on record, the prosecution has failed to prove beyond reasonable doubt the offence U/S 482 IPC against the accused persons. All the four accused persons are thus liable to be acquitted U/S 482 IPC.
15. The Ld. Defence counsels have mainly argued that no public witness was joined in the entire investigation by the police and that in the absence of public witnesses no reliance should be placed upon the testimony of police witnesses. In this regard PW1 has deposed that at about 8.15 p.m. the police party reached the outer ring road Deepali Chowk where PW9 requested 67 passers by to join the raiding party but none S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 41 of 43 agreed to join and left the spot without disclosing their names and addresses. He further deposed that due to shortage of time no written notices were served to those persons who refused to join the raiding party. As per the case of prosecution, the Nakabandi was done at about 8.45 p.m. and the accused persons came in the said Esteem car at about 9.15 p.m. It thus seems that very less time was at the disposal of the police raiding party after they reached at the spot and a proper explanation has come in the testimony of PW1 as to why no written notices were served to those persons who refused to join the raiding party. The whole exercise of the police raiding party could have become futile if PW9 would have started giving written notices to those public persons who refused to join the raiding party as there was very less time available with the police raiding party at that time. No fault can be found out in the prosecution case on that score and the said plea of the Ld. Defence counsels shall not help the accused persons. The other minor variations in the testimony of prosecution witnesses shall also not dent the case of prosecution due to the otherwise reliable, consistent and trustworthy testimony of the prosecution S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 42 of 43 witnesses and the minor variations can be attributed to lapse of time. The accused persons have also not led any evidence in support of their contentions or defence.
16. In view of the above said discussion, the prosecution has proved beyond reasonable doubt the above said charges against all the above said four accused persons U/S 186/353/307/34 IPC and also U/S 25/27 Arms Act, 1959. The prosecution has, however, failed to prove its case beyond reasonable doubt against all the four accused persons U/S 482 IPC. The accused persons i.e. Mohd. Ishraj @ Rohit, Sonu Kumar @ Manoranjan, Bijender Kumar @ Bunty and Sachin Kumar Sharma @ Rinku are thus convicted U/S 186/353/307/34 IPC and also U/S 25/27 Arms Act, 1959. The said accused persons are however, acquitted for commission of the offence punishable U/S 482 IPC.
17. Let the convicts be heard on the quantum of sentence.
Announced in the open court ( Amit Bansal)
on 29th day of September , 2014 Additional Session Judge04:
Rohini Courts: Delhi.
S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 43 of 43
IN THE COURT OF SH. AMIT BANSAL: ADDITIONAL SESSION JUDGE04 (NORTHWEST DISTRICT) ROHINI COURTS, DELHI. IN THE MATTER OF : S.C. No. 93/01 Unique case ID No. 02404R0095172008 FIR No. 945/07 U/S 186/353/307/482/34 IPC & Section 25/27 Arms Act, 1959.
P.S. Mangol Puri State Vs. Sachin Kumar Sharma @ Rinku etc.(4) STATE VERSUS 1. Sachin Kumar Sharma @ Rinku S/O Sh. Adarsh Kumar Sharma, R/O M376, J J Colony, Shakur Pur, Delhi.
2. Mohd. Ishraj @ Rohit S/O Mohd. Nizamuddin, R/O E12, J J Colony, ` ShakurPur, Delhi.
3. Bijender Kumar @ Bunty S/O Sh. Jeet Singh, R/O M 365,J J Colony, Shakur Pur, Delhi.
4. Sonu Kumar Singh @ Manoranjan S/O Sh.
Parmanand, R/O M376, J J Colony, Shakur Pur, Delhi.
30.09.14 S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 44 of 43 ORDER ON SENTENCE Present: Sh. P. K. Samadhiya, Ld. Addl. P P for the State.
All the four convicts produced from J/C. :2: Sh. B.S. Solanki Ld. Amicus Curiae for convict Sachin Kumar Sharma @ Rinku, Mohd. Ishraj @ Rohit and Sonu Kumar Singh @ Manoranjan.
Sh Rajesh Saxena, Ld. Counsel for convict Bijender Kumar @ Bunty .
Arguments heard on the point of sentence and record perused. Ld. Amicus Curiae for convict Sachin Kumar Sharma @ Rinku submits that the convict has recently been married and has a small child aged about 6 months. He further submits that the said convict belongs to poor and weaker section of the society and has old age parents to look after. He further submits that the convict is the sole bread earner of his family. He prays that a lenient view be taken against the convict.
Ld. Amicus Curiae for convict Mohd. Ishraj @ Rohit submits that the convict has remained in custody in the present case for about 6 years. He further submits the convict is married and has old age parents to look after. He prays that a lenient view be taken against the convict. Ld. Amicus Curiae for convict Sonu Kumar Singh @ Manoranjan submits that the convict has remained in custody in the present case for about 5 years. He further submits the convict has S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 45 of 43 old age father and unmarried sister to look after. He prays that a lenient view be taken against the convict.
Ld. Counsel for convict Bijender Kumar @ Bunty submits that the convict has recently been married and has a small child aged about 6 months. He further submits that the said convict belongs to poor S.C. No. 93/01 Unique case ID No. 02404R0095172008 FIR No. 945/07 U/S 186/353/307/482/34 IPC & Section 25/27 Arms Act, 1959.
P.S. Mangol Puri State Vs. Sachin Kumar Sharma @ Rinku etc.(4) :3: and weaker section of the society and has old age parents to look after. He further submits that the convict is the sole bread earner of his family. He prays that a lenient view be taken against the convict.
On the other hand, Ld. Addl. P P for the State has submitted that on the facts and circumstances of the case, the convicts be shown no leniency and they be awarded maximum punishment as provided in the statute.
Vide separate judgment dated 29.09.14 , all the above said four convicts have been convicted U/S 186/353/307/34 IPC and also U/S 25/27 Arms Act, 1959. As per the case of the prosecution, the convict Mohd Ishraj @ Rohit fired a bullet from his country made pistol towards HC Rajender but the bullet did not hit him. The convict Sonu @ Manoranjan fired a bullet from his country made pistol towards SI Charan Singh and HC Azad Singh but the bullet did not hit them. S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 46 of 43 The convict Bijender @ Bunty fired a bullet from his country made pistol towards SI Shiv Darshan but the bullet misfired. Convict Sachin Kumar Sharma @ Rinku was having an open buttondar knife and he pounced towards HC Shailender Singh. The illegal arms and ammunition were recovered from the convicts and they were found in conscious possession of the same. The convicts in :4: furtherance of their common intention voluntarily obstructed the members of the police raiding party especially SI Shiv Darshan, HC Azad Singh, HC Shailender Singh, SI Charan Singh and HC Rajender i.e. public servants in discharge of their public functions and they in furtherance of their common intention also voluntarily used criminal force against the members of the police raiding party especially the above mentioned police officials i.e. public servants while they were executing their duties as such public servants with an intention to prevent or deter the public servants from discharging their duties as such public servants. The convicts in furtherance of their common intention also attempted to murder HC Rajender or HC Azad Singh and SI Charan Singh or SI Shiv Darshan or HC Shailender Singh.
In view of the above said submissions,facts and circumstances of the case all the convicts are sentenced to undergo Simple Imprisonment for a term of two months each U/S 186 IPC. All the convicts are sentenced to undergo Simple Imprisonment for one year each U/S 353 IPC. All the convicts are sentenced to undergo Simple Imprisonment for 3 ½ years each U/S 307 IPC and fine of Rs. 1,000/ each and in default of payment of fine to undergo S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 47 of 43 Simple Imprisonment for three months. All the four convicts are further sentenced to undergo Simple Imprisonment for three years each U/S 25 Arms Act, 1959 and fine of Rs. 500/ each and in default of payment of fine to undergo Simple Imprisonment for one month. All the four convicts are further sentenced to undergo Simple S.C. No. 93/01 Unique case ID No. 02404R0095172008 FIR No. 945/07 U/S 186/353/307/482/34 IPC & Section 25/27 Arms Act, 1959.
P.S. Mangol Puri State Vs. Sachin Kumar Sharma @ Rinku etc.(4) :5: Imprisonment for three years each U/S 27 Arms Act, 1959 and fine of Rs. 500/ each and in default of payment of fine to undergo Simple Imprisonment for one month. Benefit of Section 428 CrPC be given to the convicts.
All the sentences to run concurrently.
Total fine of Rs.2,000/ each is paid on behalf of the convicts Sachin Kumar Sharma @ Rinku and Bijender @ Bunty . Remaining two convicts have not paid the fine imposed.
Copy of judgment and copy of order on sentence be given to the convicts free of costs.
File be consigned to Record Room.
S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 48 of 43
Announced in the open court (AMIT BANSAL)
today i.e. on 30.09.2014 Addl. Sessions Judge04 ( N/W):
Rohini Courts: Delhi
S.C. No. 93/01 FIR No. 945/07 P.S. Mangol Puri S/V Sachin Kumar Sharma etc (4 ) page 49 of 43