Delhi District Court
Sc No.107/14 Fir No.197/14 State vs Deepak Verma Etc. Page No. 1/31 on 3 March, 2016
IN THE COURT OF SH. NARESH KUMAR MALHOTRA,
ADDITIONAL SESSIONS JUDGE05, WEST, TIS HAZARI
COURTS, DELHI.
IN THE MATTER OF
SESSIONS CASE NO.107/14
ID No. 02401R0278932014
FIR No. 197/2014
P.S Mianwali Nagar
U/S 392/397/120B/34 IPC
STATE
VERSUS
(1) Deepak Verma
S/o Sh. Rajender Pd.
R/o Jhuggi No. 46, Road No. 77,
Mahatma Gandhi Camp, Punjabi Bagh,
Delhi.
(2) Bhaskar Sharma
S/o Sh.Rakesh Dutt
R/o Jhuggi No. 05, Road no. 77,
Rajeev Gandhi Camp, Punjabi Bagh,
Delhi.
(3) Narender Verma
S/o Vidhya Sagar Verma
R/o RZE138, Gali No. 6,
Nihar Vihar, Delhi.
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 1/31
(4) Amit Kumar Kar
S/o Ashudas Kar
R/o Jhuggi No. 6, Road No. 77,
Mahatma Gandhi Camp, Punjabi Bagh,
Delhi.
DATE OF INSTITUTION : 30.07.2014
DATE OF RESERVING THE ORDER : 27.02.2016
DATE OF DECISION : 01.03.2016
JUDGEMENT
1. The essential facts of the case are that on receipt of DD no. 45A, ASI Krishan Kumar alongwith Ct. Pradeep reached at the spot and he found Erickshaw of red colour parked there. In the meantime, Ct. Surender also reached at the spot. IO came to know that PCR van had taken the injured to the hospital. IO alongwith Ct. Pradeep Kumar went to Sanjay Gandhi hospital and had taken the MLC no. 4813/14 of patient Shravan Kumar S/o Sh.Suraj Mandal. He also collected the MLC no. 4814/14 of patient Saurav S/o Gaurav.
Statement of the complainant Shravan Kumar was recorded and he has stated that he is working as a Sales Man in Wadhwa Enterprises situated at Mansarovar Garden, Delhi and is also plying Erickshaw in spare time. He has further stated that on 19.03.2014 at about 11:00 PM, near Peeragarhi Flyover, four boys sat in his battery rickshaw and asked him to go to Nihal Vihar. When the complainant was going towards Nihal Vihar alongwith SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 2/31 those four boys and at about 11:10 PM, when he reached at GH12, Paschim Vihar near Park, then one boy asked him that his mobile phone had fallen. The complainant stopped his battery rickshaw, then one boy Saurav S/o Gaurav apprehended him and another boy had tried to take money from the front side pocket of his shirt. When the complainant resisted, then third boy had given a knife blow on the left side of his hip and fourth boy had given blow with some heavy object on his head. When he raised noise, then public persons apprehended Saurav and rest of three boys fled from there. Public persons gave beatings to Saurav and someone has dialed 100 number. PCR had taken Saurav and the complainant to Sanjay Gandhi hospital.
2. On the statement of the complainant Sh.Shravan Kumar, the present FIR bearing no.197/14 U/s 392/397/34 IPC was registered against all the accused persons and the investigation of this case was carried out. During investigation, disclosure statement of accused Deepak Verma was recorded. Other co accused were also arrested. Accused Deepak Verma and Narender refused to participate in the TIP proceedings. Accused Shamshad Ansari (Juvenile) was identified during TIP proceedings and the complainant could not identify accused Bhaskar Sharma. After completion of investigation, chargesheet was filed before the court.
3. Charge for the offence punishable U/s 120B IPC was framed against all the accused persons, Charge U/s 392 IPC r/w Section 120B IPC was framed against accused Deepak Verma, Bhaskar SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 3/31 Sharma and Amit Kumar, Charge U/s 397 IPC r/w Section 120B IPC was framed against accused Amit Kumar and Charge U/s 411 IPC was framed against accused Bhaskar Sharma by this court on 09.10.2014 to which all the accused persons pleaded not guilty and claimed trial.
4. To prove its case, prosecution has examined as many as 10 witnesses i.e. PW1 Sh.Sarwan Kumar, PW2 Ct.Yashwant, PW3 HC Ghanshyam, PW4 Dr.Brijesh Singh, PW5 Ct.Pradeep, PW6 Ms.Saumya Chauhan, PW7 Dr.Hiteshwari, PW8 Ct.Surender Singh, PW9 HC Raj Singh and PW10 ASI Krishan Kumar.
5. PW1 Sarwan Kumar has deposed that he is working with Wadhwa Enterprises, Mansarover Garden, New Delhi and used to supply medicines. He also runs Erickshaw as part time job in the morning and evening hours. He has further stated that on 19.03.2014, in the evening at about 11:00 PM, he was present with his Erickshaw near Peeragarhi Flyover and was waiting for the passengers, then five persons came and they asked him to drove the Erickshaw to Nihal Vihar. All of them sat in his E rickshaw and he started his Erickshaw for Nihal Vihar. He has further stated that four persons sat on rear seat while one of them sat near to him on the front seat. At about 11:10 PM, when he reached near a park at Ambika Vihar between GH12 and Nihal Vihar, one of the boy told him that his mobile has fallen. He stopped his Erickshaw and the boy who was sitting on the front seat with him had thrown chilly powder in his eyes and tried to SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 4/31 put something in his mouth. Thereafter, all five of them attacked him. He has further stated that he could not point out specifically but they hit on his head with some heavy object (Chaku like thing) and one stab injury was inflicted on his left hip side. He raised alarm and many public persons collected there. One of the boy was apprehended at the spot and public persons informed the police and police reached at the spot. He has further stated that Ambulance also came at the spot and he was taken to Sanjay Gandhi hospital and was given treatment there. This witness has proved his statement as Ex. PW1/A. This witness has correctly identified all the four accused persons present in court except accused Shamshad who is stated to be facing trial before the Juvenile Court). This witness has further stated after pointing out towards accused Amit that he was apprehended at the spot and accused Narender is the person, who threw chilly powder in his eyes.
In response to the specific question of the Ld.Chief PP for the State, this witness has stated that about one year ago, he had a quarrel with accused Narender, who used to reside in his neighbourhood and that matter was compromised at PS Nihal Vihar, however he had forgotten that incident but perhaps this could be the reason of present incident.
He has further stated that at the time of incident, he was carrying his Voter ID Card, PAN Card and Rs.700/ to Rs.750/ and the same were snatched by the accused persons. This witness has produced the Erickshaw before the court and he proved the SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 5/31 photocopy of parking receipt of the same as Ex.PW1/B. He has also proved the Erickshaw as Ex.P.1, PAN Card as Ex. P.1, Cheque deposit Slip Ex. P.2 and cash of Rs.450/ as Ex. P.3 (colly.).
6. PW2 Ct.Yashwant has deposed that on 19.03.2014, he alongwith Ct.Surender reached near GH12, Paschim Vihar, near Park at about 11:30/11:45 PM and met with ASI Krishan Kumar and Ct.Pradeep. One battery rickshaw was stationed near them. ASI Krishan told that the injured has already been taken to hospital by the PCR van. He has further stated that thereafter, ASI Krishan and Ct.Pradeep left for the hospital. He and Ct.Surender were deputed for safe guarding the battery rickshaw. After about one hour, ASI Krishan, Ct.Pradeep and one accused namely Amit came at the spot.
This witness has further stated that on 21.03.2014, he alongwith Ct.Pradeep and Surender and IO went to Punjabi Bagh jhuggis with secret informer and there on the pointing out and identification of secret informer, they overpowered one boy namely Deepak Verma who was sitting alongwith 34 boys. He has further stated that IO interrogated and arrested accused Deepak, who disclosed the names of his coaccused persons as Shamshad, Bhaskar and Narender. He has further stated that accused Deepak got arrested accused Shamshad from the jhuggis. Thereafter, accused Bhaskar was arrested and from his pocket, Rs. 450/ and one PAN Card was recovered. Accused Deepak also told about accused Narender that accused Narender is his brother and residing at Nihal Vihar and he also got arrested accused Narender.
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 6/31This witness has correctly identified all the accused persons before the court. This witness has also correctly identified the currency notes.
7. PW3 HC Ghanshyam has proved the computerized copy of FIR, which was recorded by him on 20.03.2014 at about 02:20 AM vide DD no. 6A, as Ex. PW3/A. He has also made his endorsement on rukka which is proved as Ex. PW3/B. He has further stated that thereafter he handedover the copy of FIR and original rukka to Ct.Pradeep for handing over the same to ASI Krishan Kumar for investigation purpose. This witness has also proved the true copy of DD no. 45A as Ex. PW3/C.
8. PW4 Dr.Brijesh Singh has deposed on behalf of Dr.Simple Chahar JR and Dr.Amit, JR, who have already left the hospital and their present whereabouts are not known. He has further stated that they had worked under his supervision and seen them as writing and signing and can identify their handwriting and signatures. He has seen MLC No. 4814 of Amit Kumar @ Saurav S/o Gaurav, who was brought to the casualty by police at about 11:30 PM with the alleged history physical assault by public. He has further stated that he was examined by Dr.Simple, who prepared MLC no. 4814 which is proved as Ex. PW4/A. This witness has also proved the signatures of Dr.Simple at point A on Ex. PW4/A. He has further statement that nature of injuries opined by Dr.Simple as simple and in this regard, her endorsement on Ex.PW4/A bears her signatures at point B. This witness has also proved the handwriting and signatures SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 7/31 of Dr.Amit Kumar on the MLC no. 4813 dt. 19.03.2014 of patient Sharvan Kumar, who was brought to the hospital with the alleged history of physical assault. He was examined by Dr.Amit and he prepared his MLC which is proved as Ex.PW4/B, except the portion Y to Y encircled with red ink and he also proved his signatures at point A. He has further stated that the injuries on the person of Sharvan Kumar are detailed by Dr.Amit at point X to X and as per the observation of Dr.Amit, the patient was referred to surgeon.
This witness has further stated that he has examined the MLC of Sharvan Kumar and opinion of the surgeon and on the basis of that he opined regarding nature of injuries as "Simple" and in this regard he made his endorsement on Ex.PW4/B, bears his signatures at points B & C.
9. PW5 Ct.Pradeep has deposed that on 19.03.2014, at about 11:35 PM, DD no. 45A was received to ASI Darshan and he accompanied him and went to near Park, near Nala, Nihal Vihar, Delhi and there one red colour E Rickshaw was found. Night Beat patrolling staff Ct. Surender and Ct. Yashwant also reached there. They came to know that the injured persons have been taken to Sanjay Gandhi hospital by PCR Van. He has further stated that after leaving Ct. Surender and Ct. Yashwant at the spot, he alongwith ASI Darshan went to Sanjay Gandhi hospital, where injured Shrawan and Saurav S/o Gaurav whose actual name was revealed as Amit S/o Ashu Dass found admitted in the hospital. Shrawan was having injuries on his head and on his hip SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 8/31 (kullah). The doctor declared him fit for statement and IO recorded statement of Shrawan. Injured Saurav @ Amit was relieved by the doctors.
This witness has further stated that IO prepared rukka and gave the same to him for getting the FIR registered. IO alongwith accused injured Saurav @ Amit reached at the spot, to whom he had handed over the copy of FIR and original rukka after registration of FIR. IO prepared seizure memo of E.rickshaw, which is proved as Ex.PW5/A. This witness has further stated that on 20.03.2014, he again participated in the investigation with the IO, Ct.Yashwant and Ct.Surender and went to Gandhi Camp, Punjabi Bagh for the arrest of associates of accused Amit. There, in front of jhuggi no. 49, Gandhi Camp, Punjabi Bagh, Delhi, accused Deepak was apprehended. IO prepared his arrest memo and conducted his personal search vide memos which are proved as Ex.PW5/B and Ex.PW5/C. IO recorded his disclosure statement which is proved as Ex.PW5/D. Thereafter, accused Deepak led the police party to Jhuggi no.9, Gandhi Camp, Punjabi Bagh, Delhi and from there, they apprehended accused Bhaskar. IO prepared his arrest memo and conducted his personal search vide memos Ex.PW5/E and Ex. PW5/F. IO recorded his disclosure statement which is proved as Ex.PW5/G. He has further stated that from accused Bhaskar, one PAN Card of Shrawan and Rs.450/ were recovered, which were seized by the IO as the case property, vide seizure memo Ex.PW5/H. SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 9/31 This witness has further stated that thereafter, accused Deepak and Bhaskar led the police party to the Jhuggi of accused Shamshad and from there, they apprehended accused Shamshad. IO prepared his arrest memo and conducted his personal search vide memos Ex.PW5/I and Ex. PW5/J. IO recorded his disclosure statement which is Ex.PW5/K. He has further stated that the accused persons were further interrogated by the IO at the PS and accused Deepak told that they have committed the crime at the instigation of Narender son of his uncle. After leaving the accused Bhaskar and Shamshad, he alongwith IO, accused Deepak & Ct.Surender left the PS and reached at the house of accused Narender. There at the instance and identification of accused Deepak, they apprehended accused Narender. IO prepared his arrest memo and conducted his personal search vide memos Ex.PW5/L and Ex. PW5/M and recorded his disclosure statement which is Ex.PW5/N. In the personal search of accused Narender, one white colour mobile phone, Rs.4,000/something as exact figure he did not remember and one key were recovered. This witness has correctly identified all the accused persons before the Court. He has also identified the case property as Ex.P. 1, Ex.P.2 and Ex.P.3 before the Court.
10.PW6 Ms.Saumya Chauhan, Ld.M.M., West, Tis Hazari Court has deposed that on 25.03.2014, she received an application of the IO, PS Mianwali Nagar, Delhi regarding TIP of accused Narender Kumar S/o Sh. Vidhya Sagar, accused Deepak Verma S/o Rajender Pd., accused Shamshad Ansari S/o Shahzad Ansari and SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 10/31 accused Bhaskar Sharma S/o Rakesh Sharma, which was marked to her by Ld.Link MM Sh. Rajender Kumar, Tis Hazari Court, Delhi. The application was put up for 25.03.2014 for the TIP of accused persons. The application of IO is proved as Ex.PW6/A. This witness has further stated that on 25.03.2014, accused Deepak Verma S/o Sh.Rajender Pd. and accused Narender Kumar S/o Vidhya Sagar were produced before her in muffled face by the IO separately one after the other. She has explained the meaning of TIP in Hindi to the accused persons and they understood the same. On her asking, both the abovesaid accused persons refused to participate in TIP. In this regard, she recorded their statements separately. The accused Deepak Kumar S/o Sh.Rajender pd. was identified by the IO and in this regard, she had recorded statement of IO which bears his signatures at point X and her signatures at point Y on Ex. PW6/B. The TIP proceedings of accused Deepak Kumar is proved as Ex.PW6/B. She had issued Certificate regarding correctness of the record of TIP by her and the Ahlmad was directed to send the TIP proceedings in sealed cover to the concerned court and in this regard her endorsement bears her signature at point D and E. This witness has further stated that the accused Narender Kumar S/o Sh.Vidhya Sagar was identified by the IO and in this regard, she had recorded statement of IO which bears his signatures at point X and her signatures at point Y on Ex. PW6/C. The TIP proceedings of accused Narender Kumar is proved as Ex.PW6/C. She had issued Certificate regarding SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 11/31 correctness of the record of TIP by her and the Ahlmad was directed to send the TIP proceedings in sealed cover to the concerned court and in this regard her endorsement bears her signature at point D and E. The application of IO for providing copy of the TIP proceedings is proved as Ex.PW6/D. This witness has further deposed that on 27.03.2014, at Tihar Jail no. 7, TIP proceedings of accused Shamshad Ansari S/o Shahzad Ansari and Bhaskar Sharma S/o Rakesh Sharma were carried out by her separately. The TIP proceedings of accused Shamshad is proved as Ex.PW6/E. The Assistant Superintendent, Tihar Jail no.7, Sh. Surender Kumar Dagar identified the accused Shamshad Ansari S/o Shahzad Ansari. She explained the meaning of TIP in Hindi to the accused and he understood the same. Accused Shamshad gave his consent to participate in TIP. The witness correctly identified the accused Shamshad in the TIP proceedings and in this regard, her endorsement on Ex.PW6/E bears signatures of the witness at point C and her signature at point D and E. She had issued Certificate regarding correctness of the record of TIP by her and the Ahlmad was directed to send the TIP proceedings in sealed cover to the concerned court and in this regard her endorsement bears my signature at point H. Thereafter TIP proceedings of accused Bhaskar Sharma S/o Rakesh Sharma were also carried out by her separately. The TIP proceedings of accused Bhaskar Sharma is proved as Ex.PW6/F. The Assistant Superintendent, Tihar Jail no.
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 12/317, Sh. Surender Kumar Dagar identified the accused Bhaskar Sharma S/o Rakesh Sharma. The Assistant Supdt.was asked to leave the room and nobody was left in the room except her and accused. She explained the meaning of TIP in Hindi to the accused and he understood the same. On her asking, accused Bhaskar gave his consent to participate in TIP. The witness Shrawan Kumar failed to identify the accused Bhaskar in the TIP proceedings and in this regard, her endorsement on Ex.PW6/F bears signatures of the witness at point C and her signature at point D and E. The witness was failed to identify the accused Bhaskar. The statement of IO regarding identity of witness Shrawan Kumar S/o Suraj Mandal R/o RZE137, Gali No. 6, Satsang Road, Nihar Vihar, Delhi was recorded by her which bears signatures of IO at point F. She had issued Certificate regarding correctness of the record of TIP by her and the Ahlmad was directed to send the TIP proceedings in sealed cover to the concerned court and in this regard her endorsement bears her signature at point G. The application of IO for obtaining the copies of TIP proceedings of abovesaid accused persons is proved as Ex.PW6/G, which was allowed by her and bears her signatures at point A.
11.PW7 Dr.Hiteshwari has deposed that on 19.03.14 she examined the patient namely Sharvan Kumar son of Suraj Mandal vide MLC no.4813 as the patient was referred to her by the casualty. On examination patient was conscious and oriented. On local examination following injuries were observed on the person of SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 13/31 Sharvan Kumar;
1. Lacerated wound about 6 x 2cm over scalp with hematoma over scalp (fracture felt).
2. Abrasion over face
3. Swelling over right arm
4. Redness in eyes (B/L)
5. Swelling over left eye
6. Incised wound of about 2 x 1cm left gluteal region.
After given treatment and examination of the patient, he advised him for higher center for NCCT Head and further management. His endorsement over MLC already Ex.PW4/B from point Y to Y bears his signatures at point D. On 28.04.14 he gave opinion that the nature of injuries is simple as the examination and CT report of the patient seems to be simple and his endorsement in this regard is proved as Ex.PW4/B.
12.PW8 Ct.Surender Singh has deposed that on 19.03.14, he and Ct.Yashwant were on night patrolling duty and during patrolling when they reached at opposite GH12 Paschim Vihar, at about 11.45 PM, there ASI Krishan Kumar along with Ct.Pradeep met them. At the spot one battery rickshaw was also stationed. It was learnt that the injured persons have been taken by the PCR. ASI Krishan alongwith Ct.Pradeep went to the hospital. At about 3 AM (night) dt.20.3.14 ASI Krishan along with one boy namely Amit and his father came at spot. ASI Krishan prepared site plan and he also seized the battery rickshaw. This witness has proved SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 14/31 the Site Plan as Ex.PW8/A and Seizure memo of battery rickshaw as Ex.PW5/A. Thereafter they came back to the police station along with Amit and his father and IO deposited case property in malkhana. The JCL Amit and his father remained outside the police station.
He further deposed that on 21.03.14 he, Ct. Yashwant, Ct.Pradeep and Secret informer along with IO ASI Krishan went to Mahatma Gandhi Camp, Punjabi Bagh, New Delhi during investigation. On reaching there at the pointing out of secret informer, they apprehended one boy in front of Jhuggi no.46. On inquiry his name was revealed as Deepak Verma. IO arrested him and conducted the personal search vide memos which are proved as Ex.PW5/B and PW5/C. He has further stated that the IO recorded disclosure statement of accused Deepak which is proved as Ex.PW5/D. Thereafter in pursuance to the disclosure statement of Deepak, his associates namely Shamshad and Bhasker were apprehended. The IO arrested both of them and conducted their personal search. This witness has further stated that on the search of Bhasker looted articles i.e. one PAN card and part looted amount Rs.450/ were recovered. This witness has proved the arrest memo of Bhasker as Ex.PW5/E and his personal search as Ex.PW5/F. The IO seized the PAN card and Rs.450/ vide seizure memo which is proved as Ex.PW5/H. This witness has also proved the arrest memo of accused Shamshad as Ex.PW5/I and his personal search as Ex.PW5/J. After completing the investigation they came back to police station. He SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 15/31 has further stated that after leaving the accused Bhasker and Shamshad at police station while giving their custody to other police staff, he and Ct.Pradeep along with ASI Krishan and accused Deepak went to Nihal Vihar for apprehending their fourth companion. The accused Deepak led the police party to the house of his cousin brother Narender. There IO apprehended accused Narender at the pointing and identification of accused Deepak. The arrest memo of accused Narender Verma is proved as Ex.PW5/L and his personal search memo is proved as Ex.PW5/M. This witness has correctly identified accused Bhasker, Narender and Amit before the court. This witness has also identified the case property as Ex. P.1, Ex.P.2 and Ex. P.3.
13.PW9 HC Raj Singh has deposed that on 19.03.2014 at about 11 PM, he received information on his Cell that driver of Erickshaw was being beaten by 45 persons and accordingly, he reached the informed place i.e.Nihal Vihar, Gandha Nala, where two persons namely Sarwan Kumar and Saurabh met him at the spot in injured condition. They immediately removed them to Sanjay Gandhi hospital, Mangol Puri.
14.PW10 ASI Krishan Kumar has deposed that on 19.03.2014, DD No. 45A, true copy of which is proved as Ex.PW3/C, was recorded in Police Station around 11:45 pm regarding beatings given to auto rickshaw driver and the same was assigned to him. Accordingly, he alongwith Ct.Pradeep reached the informed place i.e. GH12, Paschim Vihar. He found one battery rickshaw stationed at the spot. Ct. Yashwant and Ct. Surender, who were SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 16/31 on night patrolling duty also reached there. Some persons present there informed him that injured had been taken to Sanjay Gandhi Hospital. Accordingly, he left Ct. Surender and Ct. Yashwant at the spot and proceeded to SGM Hospital alongwith Ct. Pradeep. Injured Sarvan and Saurav were found admitted. Subsequently, name of injured Saurav was revealed as Amit Kumar Kar. The doctor had declared Sarvan Kumar fit for statement. He recorded statement of injured Sarvan Kumar which is proved as Ex.PW1/A. Thereafter, he recorded rukka Ex. PW10/A and handed over the same to Ct. Pradeep with the directions to get the case registered. He telephonically informed the family member of Amit on the telephone number provided by him. The father of Amit namely Aashu Dass Kar came at the hospital. Thereafter, he alongwith Amit Kumar Kar proceeded for the spot. Battery Rickshaw found at the spot, which was taken into possession vide seizure memo Ex. PW5/A. In view of the statement complainant, Amit was one of the accused and he was beaten by the public. At that time, accused Amit had disclosed his age 17 years. Accordingly, he was dealt as Juvenile. He has further stated that father of Amit met him outside the police station, Mianwali Nagar. He had prepared site plan at the spot, which is proved as Ex.PW8/A. On following day, Amit was produced before Juvenile Justice Board, from where he was sent to Bal Sudhar Grah. (Remand home) This witness has further stated that on 21.03.2014, he received secret information around 08:00 pm to the effect that SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 17/31 the person who were involved in the present case were present at Jhuggi, Punjabi Bagh. Accordingly, he alongwith informer and Ct. Yashwant, Ct. Pradeep and Ct. Surender proceeded for Punjabi Bagh Jhuggi. Accused Deepak Verma was found present in front of his Jhuggi. He was apprehended at the instance of informer. He interrogated him and arrested in this case vide arrest memo which is proved as Ex.PW5/B and his personal search was conducted vide memo proved as Ex. PW5/C. His disclosure statement is proved as Ex.PW5/D wherein names of coaccused were revealed as Bhaskar, Shamshad and Narender. At the instance of accused Deepak Verma, they went to the Jhuggi of Shamshad and Bhaskar. Both the accused persons were found present in their jhuggi which were near by each other. He interrogated them and arrested accused Shamshad vide arrest memo which is proved as Ex.PW5/I and conducted his personal search vide memo Ex.PW5/K and recorded his disclosure statement which is proved as Ex.PW10/B. Thereafter, he interrogated accused Bhaskar Sharma and arrested him in this case vide arrest memo Ex.PW5/E, conducted his personal search vide memo Ex.PW5/F and recorded his disclosure statement Ex.PW5/G. He has further stated that in the personal search of accused Bhaskar one PAN Card of injured Shravan Kumar, small bank slip and Rs.450/ were recovered. He took these items in possession vide seizure memo Ex. PW5/H. Thereafter, they proceeded for Nihal Vihar. Accused Narender met them at his house in Nihal Vihar. He arrested accused Narender in this case SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 18/31 vide memo Ex.PW5/L and conducted his personal search vide memo Ex.PW5/M and recorded disclosure statement of accused Narender Ex. PW5/N. All the accused persons were brought to the police station.
This witness has further stated that they were produced before the court on the following date. He moved an application for their TIP. Accused Narender and Deepak refused to participate in TIP. He has further stated that TIP of accused Bhaskar and Shamsad was fixed by the Court. On the date fixed, complainant Sharavan Kumar had joined the TIP proceeding at Tihar Jail and he had obtained copy of TIP Proceedings wherein accused Shamsad was identified by complainant Shravan, however, accused Bhaskar was not identified. At subsequent stage, accused Shamsad was declared Juvenile. He filed final enquiry report in respect of accused Bhaskar. Accused Amit was subsequently found major. His case was transferred by JJB to the court concerned. He had taken police custody remand of accused Shamsad but no recovery could be effected at his instance. He concluded investigation and filed charge sheet against the accused persons namely Narender Verma, Deepak Verma, Bhaskar Sharma, Amit Kar. This witness has also identified the case property as Ex. P.1, Ex.P.2 and Ex. P.3 before the Court.
15.Thereafter, statements of accused persons U/s 313 Cr.P.C. have been recorded, wherein they have stated that they are innocent and have been falsely implicated in this case. However, only accused Amit examined Sh. Pankaj Kumar, his neighbour as SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 19/31 DW1, wherein he has stated that on 19.03.2014, accused Amit came to his residence at Nihal Vihar at about 10:30 PM and asked him to arrange some work for him as he is running a placement agency. He told him whenever there will be any vacancy, he will intimate him. He has further stated that accused Amit remained at his house for about 10 minutes and thereafter, he left his house.
In crossexamination, he has admitted that accused Amit was his neighbour and he came to his house at about 10:00 PM on 19.03.2014 and left his house before 10:30 PM. He has also admitted in the crossexamination that father of accused Amit is his friend. Father of accused was on visiting terms with him and he used to visit the house of accused frequently. He has also stated that he did not know if accused Amit is involved in any incident at about 11:00 PM on 19.03.2014.
16.I have heard Ld.Chief. P.P.for the State, Sh.Narender Kalra, ld.Counsel for the accused Deepak Verma, Bhaskar Sharma and Narender Verma and Sh. Amar Singh, ld. Counsel for accused Amit and have perused the record carefully.
17.It is vehemently contended by Sh.Narender Kalra, ld. Counsel for accused Deepak Verma, Bhaskar Sharma and Narender Verma that they have been falsely implicated in this case. There is no medical evidence on record to show that the complainant remained admitted for 78 days in the hospital. The complainant did not mention the name of the accused Narender in his statement to the police. There are improvements in the statement SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 20/31 of the complainant. Complainant deposed in the court that accused Narender threw chilly powder in his eyes but this fact is not mentioned by the complainant in his complaint to the police. Nor there is any medical evidence to show that the accused Narender had thrown chilly powder in the eyes of the complainant. The prosecution is not able to prove that there was a criminal conspiracy to commit robbery with the complainant. The prosecution is not able to explain as to why the accused Bhaskar will keep PAN Card of the complainant in his possession. The complainant was not able to identify the accused Bhaskar during TIP proceedings. It is prayed that the abovesaid accused persons be acquitted.
18.Further, Sh.Amar Singh, ld. Counsel for the accused Amit has also contended that the prosecution is not able to prove the case against the accused Amit. Accused Amit reached at the spot after the incident and he was given merciless beatings by the public persons. It is prayed that accused Amit be acquitted.
19.On the other hand, ld. Chief PP for the State has contended that the accused Narender hatched a conspiracy alongwith other co accused persons to commit robbery and to give beatings to the complainant and in pursuance of the designs of criminal conspiracy, all the accused persons committed robbery of Rs.750/ and PAN Card from the person of the complainant and he was given beatings by all the accused persons. Accused Amit was apprehended at the spot. The prosecution is able to prove its case against all the accused persons. It is prayed that all the accused SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 21/31 persons be convicted.
20.Now I am dealing with the contentions of the ld.defence counsels one by one.
21.PW1 Sarwan Kumar is the complainant in the present case and he has given the statement to the police on 19.03.2014 to the effect that at about 11:00 PM, near Peeragarhi Flyover, four boys sat in his battery rickshaw and asked him to go to Nihal Vihar. When the complainant was going towards Nihal Vihar alongwith those four boys and at about 11:10 PM, when he reached at GH12, Paschim Vihar near Park, then one boy asked him that his mobile phone had fallen. The complainant stopped his battery rickshaw, then one boy Saurav S/o Gaurav apprehended him and another boy had tried to take money from the front side pocket of his shirt. When the complainant resisted, then third boy had given a knife blow on the left side of his hip and fourth boy had given blow with some heavy object on his head. When he raised noise, then public persons apprehended Saurav and rest of three boys fled from there. Public persons gave beatings to Saurav and someone has dialed 100 number. PCR had taken Saurav and the complainant to Sanjay Gandhi hospital.
When the complainant came in the witness box, he has deposed that there were five persons, who asked him to drove his Erickshaw to Nihal Vihar. All of them sat in his Erickshaw and he started his Erickshaw for Nihal Vihar. He has further stated that four persons sat on the rear seat while one of them sat near to him on the front seat. At about 11:10 PM, when he reached SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 22/31 near a park at Ambika Vihar between GH12 and Nihal Vihar, one of the boy told him that his mobile had fallen. He stopped his E rickshaw and the boy who was sitting on the front seat with him threw chilly powder in his eyes and tried to put something in his mouth. Thereafter, all five of them attacked on him. He raised alarm and many public persons collected there. One of the boy was apprehended at the spot. This witness has also stated that he was carrying his voter ID Card, Pan Card and Rs.700/ to Rs. 750/and all these articles were snatched by the accused persons. This witness has also stated that about one year ago, he had a quarrel with accused Narender, who used to reside in his neighbourhood and that matter was compromised and this could be the reason of the present incident.
22.It is an admitted fact that there are some minor improvements in the testimony of PW1 Sarwan Kumar. PW1 Sarwan Kumar has stated in his statement to the police that four persons had boarded his Erickshaw, whereas in his deposition before the court, he has stated that five persons boarded his Erickshaw. The complainant did not name the accused Narender in his statement given to the police but he has named the accused Narender in his deposition. The complainant has also stated in his deposition that accused Narender sat on the front side of the Erickshaw with him and threw Chilly powder in his eyes but this fact was not stated by him in his statement to the police.
23.Now the question arises, in view of these improvements, whether it can be held that PW1 Sarwan Kumar is a truthful witness.
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 23/3124.PW1 Sarwan Kumar has given minute details of the incident and he has deposed that one boy had told him that his mobile phone had fallen and he stopped his Erickshaw and then other boy tried to take money from the front side pocket of his shirt. Third boy gave a knife blow on his left buttock and fourth boy gave injury on his head with heavy object.
The fact of boarding of four boys in Erickshaw, giving injuries by four persons on the person of complainant and snatching of Rs.750/, is not shattered by the accused persons in the crossexamination of the complainant. The complainant has specifically stated that the boys had taken Rs.700/ to Rs. 750/ from his pocket. Nothing fruitful could be extracted during cross examination of PW1 to doubt his veracity. The testimony of PW1 remained intact during his crossexamination and he has given minute details of the incident. Even this witness has stated that his duty hours were from 10:00 AM to 06:00 PM and after his duty hours, he used to ply his Erickshaw.
Reliance can be placed on the Judgment titled as (1) State of UP Vs. Naresh (2011) 4 SCC 324, wherein it is held that :
"Discrepancies are bound to occur in the deposition of witness due to normal error of observation, error of memory, due to lapse of time or due to mental condition such as shock and horror at the time of occurrence".
(2) In 1983 Crl.L.J.1096 (SC), it is held that :
"Much importance should not be given to minor discrepancies. They can overlooked unless discrepancies SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 24/31 go to the root of the matter to impeach basic version".
(3) In 1980 Crl.L.J. 958, it is held that :
"Improvement of the story at the trial in one material particular. Entire evidence cannot be rejected".
Reliance can also be placed in this regard in the Judgment titled as (4) Inder Singh Vs. State (1978) 4 SCC 161, wherein it is held that :
"Proof beyond reasonable doubt is a guideline and guilty man cannot get away with it because truth suffers some infirmity when projected through human processes".
In the present case, if the witness PW1 Sarwan Kumar has made certain improvements regarding boarding of accused Narender in his Erickshaw on the front seat and throwing Chilly Powder in his eyes, I am of the view that it is an attempt by the witness to project the offence as more serious. If we read the testimony of PW1 Sarwan Kumar as a whole, it can be inferred that incident of robbery and incident of giving beatings had taken place with him. I am of the view that these minor improvements do not effect the entire case of the prosecution.
25.In the present case, the complainant received seven injuries. He has received lacerated wound about 6 x 2cm over scalp with hematoma over scalp (fracture felt) and he has also received incised wound of about 2 x 1 cm on left gluteal region. He has also given beatings by the accused persons. Thus, the testimony SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 25/31 of PW1 Sarwan Kumar is corroborated by the medical evidence and as per MLC, which is proved on record as Ex.PW4/B, the complainant received seven injuries. Moreover, accused Amit @ Saurav was apprehended at the spot by the public persons and he was also given beatings by the public persons and he was also medically examined. Accused Amit was taken in the same Ambulance in which complainant was taken to Sanjay Gandhi hospital. Accused Amit is not able to explain as to why he was present at the spot and it is no where denied by the accused Amit that he was not apprehended at the spot. PW1 Sarwan Kumar during his deposition has correctly identified all the accused persons. He has also stated that the fifth person is JCL Shamshad and he is stated to be facing trial before the JJB. Even PW1 pointed out towards the accused Amit and stated that he was apprehended at the spot. I am of the view that PW1 Sarwan Kumar is a truthful witness and he has also given reason of this incident as one year prior to the occurrence, there was a quarrel between him and the accused Narender. Due to this reason, accused Narender had hatched a conspiracy to commit robbery with the other coaccused persons and to give beatings to the complainant. If we peruse the disclosure statement of accused Narender, wherein he has stated that about one year prior to the incident i.e. in June, 2013, a quarrel had taken place between him and the complainant and the matter was compromised and he was given beatings by Sarwan and his sons. He had also stated that he told this fact to accused Deepak, who introduced SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 26/31 him with Bhaskar, Shamshad and Amit Kumar. He has also stated that he told them to beat the complainant and to commit robbery of money and Erickshaw from him. Similar disclosure statements were given by accused Bhaskar and Deepak. Accused Amit was apprehended at the spot and thereafter, other coaccused persons were apprehended.
26.In the present case, Rs.450/ and PAN Card of the complainant was recovered from the possession of accused Bhaskar and this fact is proved by PW5 Ct.Pradeep, PW8 Ct.Surender Singh and PW10 ASI Krishan Kumar in their deposition. During cross examinations of these PWs, both the ld.defence counsels are not able to shatter their testimonies.
27.During investigation, the confessional statements of accused Deepak Verma, Narender and Bhaskar were recorded and no suggestion was given to PW5, PW8 and PW10 that no such disclosure statements were given by any of the accused persons.
28.It is contended by the ld. Counsels for the accused persons that no public person was joined in the investigation and as per the case of the prosecution, some public person had made a call to the police and DD no. 45A was lodged in this regard.
It is true that IO has not examined any public person nor examined the person who had made call the police. I am of the view that if no public witness was examined by the police, it is not fatal to the case of the prosecution when DD no. 45A shows that one person i.e.auto wala has been given beatings and one boy (accused) has been apprehended by the public persons. Thus, SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 27/31 this contention carries no force.
29.It is also vehemently contended by the ld.counsel for the accused persons that weapon of offence has not recovered and the knife blow was given by the JCL Shamshad and JCL Shamshad has been acquitted by the court of Principal Judge, Juvenile Justice Board.
I fail to appreciate this contention of the ld.defence counsel as even if no weapon of offence has been recovered, than too, from the testimony of PW1 Sarwan Kumar, it can be held that accused Narender hatched a conspiracy alongwith coaccused persons to commit robbery and to give beatings to the complainant as there was a dispute between the complainant and accused Narender, prior to this incident.
30.It is vehemently contended by the ld.defence counsels that as per the complainant, a stone blow was given on his head but the stone has not recovered. Thus, it doubts the case of the prosecution.
I fail to appreciate this contention of the ld.defence counsel as the complainant has specifically stated that one knife blow was given on his left hip and one blow with some heavy object was given on his head. Even if during investigation, the knife and stone have not been recovered at the instance of accused persons, then it is not helpful to the accused persons when the testimony of PW1 Sarwan Kumar remained un rebutted during his crossexamination. Thus, this contention carries no force.
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 28/3131.In the present case, the incident had taken place at about 11:10 PM and someone from the public gave intimation to the police that some boys had given beatings to auto driver and one person has been apprehended. This information was recorded vide DD no.45A at about 11:35 PM. Thus, immediately when the complainant was assaulted by the accused persons, someone from the public gave intimation to the police.
Moreover, the complainant was taken to the hospital at about 11:30 PM. One of the accused Saurav (Amit) who was apprehended at the spot, was taken to S.G.Hospital. Immediately after receipt of DD no. 45A, IO reached at the spot and on coming to know that injured has been taken to S.G.Hospital and thereafter, he went to the hospital and recorded the statement of complainant which is proved as Ex. PW1/A. This Ex. PW1/A shows that rukka was completed at about 02:00 AM on 20.03.2014. Thus, there is no delay in reporting the matter to the police.
32.Further it is contended by the ld. Counsel for the accused persons that one of the accused has been acquitted by the JJB vide Judgement dt. 16.07.2015. I have perused this Judgment. While deposition before JJB, PW1 has not given any specific role to the JCL Shamshad and on the basis of his testimony, JCL was acquitted. But in the present case, PW1 Sarwan Kumar has specifically deposed that all the accused persons boarded his E rickshaw and they made Erickshaw halted on the pretext that mobile phone has fallen down. When he stopped his Erickshaw, SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 29/31 he was attacked by all the accused persons. Amount of Rs.700/ Rs.750/, PAN Card were also robbed by those boys.
33.In the present case, accused Narender hatched a conspiracy with coaccused persons to commit robbery and to give beatings to the complainant. Things would have been different when one of the accused Amit was not apprehended at the spot. As one of the accused Amit was arrested at the spot and he gave disclosure statement that this conspiracy was hatched by accused Narender to give beatings and to commit robbery upon the complainant. I am of the view that as one of the accused namely Amit was apprehended at the spot and he made disclosure statement and lateron other coaccused persons namely Narender and Deepak also gave disclosure statements and it is specifically stated by PW1 that a quarrel had taken place between them and accused Narender prior to this incident, I am of the view that accused Narender has motive to take revenge of the beatings given by the complainant and his sons to him.
34.It is also contended by the ld.defence counsel that no case U/s 397 IPC is proved against accused Amit.
PW1 Sarwan Kumar in his statement has not specifically stated as to who has given him knife blow. In the present case, charge has been framed against the accused Amit for the offence U/s 397 IPC, but whereas as per disclosure statement, the knife blow was given by the accused Shamshad (JCL). Thus, as the complainant has not specifically stated as to who had given him knife blow, benefit of doubt is given to accused Amit and he is SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 30/31 acquitted for the offence U/s 397 IPC.
35.As in the present case, complainant has not identified the accused Bhaskar during his TIP proceedings, I am giving benefit of doubt to the accused Bhaskar. Accordingly, accused Bhaskar is acquitted for the offence punishable U/s 392 IPC r/w Section 120B IPC.
36.In view of above discussion, I am of the view that the prosecution is able to prove that accused Narender had hatched a conspiracy alongwith other coaccused persons namely Deepak and Amit to commit robbery and and to give beatings to the complainant. In pursuance of the conspiracy, the abovesaid accused persons boarded the Erickshaw of the complainant, gave him beatings and committed robbery of Rs.750/ and PAN Card. Thus, accused persons namely Narender, Deepak and Amit are held guilty and convicted for the offence U/s 392 IPC r/w Section 120B IPC.
37.As cash of Rs.450/ and PAN Card of the complainant was recovered from the possession of accused Bhaskar, he is held guilty and convicted for the offence U/s 411 IPC.
38.Further it is ordered that the case property of this case, if any, be disposed of/destroyed after expiry of period of filing appeal, if any.
They be heard on the Quantum of Sentence.
ANNOUNCED IN THE OPEN (NARESH KR. MALHOTRA) COURT ON: 01.03.2016 ASJ05 (West), THC, Delhi.
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 31/31IN THE COURT OF SH. NARESH KUMAR MALHOTRA, ADDITIONAL SESSIONS JUDGE05, WEST, TIS HAZARI COURTS, DELHI.
IN THE MATTER OF SESSIONS CASE NO.107/14 ID No. 02401R0278932014 FIR No. 197/2014 P.S Mianwali Nagar U/S 392/397/120B/34 IPC STATE VERSUS (1) Deepak Verma S/o Sh. Rajender Pd.
R/o Jhuggi No. 46, Road No. 77, Mahatma Gandhi Camp, Punjabi Bagh, Delhi.
(2) Bhaskar Sharma S/o Sh.Rakesh Dutt R/o Jhuggi No. 05, Road no. 77, Rajeev Gandhi Camp, Punjabi Bagh, Delhi.
(3) Narender Verma
S/o Vidhya Sagar Verma
R/o RZE138, Gali No. 6,
Nihar Vihar, Delhi.
Contd.....2.
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 32/31
: 2 :
(4) Amit Kumar Kar
S/o Ashudas Kar
R/o Jhuggi No. 6, Road No. 77,
Mahatma Gandhi Camp, Punjabi Bagh,
Delhi.
ORDER ON SENTENCE :
03.03.2016 :
Present : Sh.R.K.Pandey, Ld. Chief P.P.for the State.
All the Convicts are produced from J.C.
Ms. Seema , ld. Counsel for the Convicts Narender, Deepak and Bhaskar.
Sh.Jagvir Singh Bhadana, ld. Counsel for Convict Amit.
Fresh Vakalatnama has been filed on behalf of accused Amit. Same is taken on record.
Arguments on the point of Sentence have been advanced. Record perused.
It is contended by Ms.Seema, Ld. Counsel for the convicts Narender, Deepak and Amit that convicts Narender and Deepak remained in custody for 14 days and convict Bhaskar remained in custody for 18 days. It is further contended that convict Deepak is married and recently he is blessed with a female child. They all are of young age. It is prayed that lenient view be taken.
It is contended by Sh.Jagvir Bhadana, ld. Counsel for convict Amit that he remained in J.C.for seven months and is of young age. It is prayed that lenient view be taken.
On the other hand, Ld. Chief P.P.for the State has prayed for SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 33/31 deterrent punishment.
Contd....3.
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 34/31: 3 :
In the present case, convict Narender has hatched a conspiracy to give beatings to the complainant and to rob his E Rickshaw. In pursuance of design the criminal conspiracy, he sought the help of other coaccused persons namely Deepak and Amit and they all had given beatings to the complainant and robbed Rs.750/ and PAN Card from his pocket on the day of incident.
Keeping in view the facts and circumstances of this case, I deem it appropriate to sentence convicts Narender, Deepak and Amit to undergo Rigorous imprisonment for a period of two years each and fine of Rs.2,000/ each for the offence U/s. 392 IPC r/w Section 120B IPC and in default of payment of fine, they shall further undergo SI for 15 days each. It is further ordered that out of amount of fine Rs.2,000/each, Rs.1,000/ each shall go to the complainant.
Further convict Bhaskar is sentenced to undergo Rigorous imprisonment for a period of one year and fine of Rs. 2,000/ for the offence U/s. 411 IPC and in default of payment of fine, he shall further undergo SI for 15 days. It is further ordered that out of amount of fine Rs.2,000/, Rs.1,000/ shall go to the complainant.
Benefit of Section 428 Cr.P.C. be given to all the convicts. Copy of the Judgment and Order on Sentence be given to all the convicts free of cost.
File be consigned to record room.SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 35/31
ANNOUNCED IN THE OPEN (NARESH KR. MALHOTRA) COURT ON:03.03.2016. ASJ05 (West), THC, Delhi.SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 36/31
FOR TRIAL WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT BY A SESSIONS JUDGE (SECTION 383 OF THE CRIMINAL PROCEDURE CODE) IN THE COURT OF SH. NARESH KUMAR MALHOTRA: ASJ05 : WEST DISTRICT, TIS HAZARI COURTS, DELHI SESSIONS CASE NO.107/14 ID No. 02401R0278932014 FIR No. 197/2014 P.S Mianwali Nagar U/S 392/397/120B/34 IPC To The Jail Superintendent Tihar, Delhi.
In the abovesaid case, accused namely Deepak Verma s/o Sh.Rajender Pd. R/o Jhuggi No.46, Road no. 77, Mahatma Gandhi Camp, Punjabi Bagh, Delhi is held guilty and convicted for the offence punishable U/s 392 IPC r/w Section 120B IPC.
Accordingly, convict Deepak Verma is sentenced to undergo Rigorous imprisonment for a period of two years and fine of Rs. 2,000/ for the offence U/s. 392 IPC r/w Section 120B IPC and in default of payment of fine, he shall further undergo SI for 15 days. It is further ordered that out of amount of fine Rs.2,000/, Rs. 1,000/ shall go to the complainant.
Benefit of Section 428 Cr.P.C. be given to the convict. This is to authorize and require you, the said Superintendent, to receive the said convict into your custody in the said jail together with this warrant to undergo the sentence as awarded by this Court.
Given under my hand and the seal of the Court on this 03rd day SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 37/31 of March, 2016.
Note : Fine paid. (Naresh Kumar Malhotra)
ASJ05/West/THC/Delhi/03.03.2016
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 38/31
FOR TRIAL
WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT BY A SESSIONS JUDGE (SECTION 383 OF THE CRIMINAL PROCEDURE CODE) IN THE COURT OF SH. NARESH KUMAR MALHOTRA: ASJ05 : WEST DISTRICT, TIS HAZARI COURTS, DELHI SESSIONS CASE NO.107/14 ID No. 02401R0278932014 FIR No. 197/2014 P.S Mianwali Nagar U/S 392/397/120B/34 IPC To The Jail Superintendent Tihar, Delhi.
In the abovesaid case, accused namely Narender Verma S/o Vidhya Sagar Verma R/o RZE138, Gali No. 6, Nihar Vihar, Delhi. is held guilty and convicted for the offence punishable U/s 392 IPC r/w Section 120B IPC.
Accordingly, convict Narender Verma is sentenced to undergo Rigorous imprisonment for a period of two years and fine of Rs.2,000/ for the offence U/s. 392 IPC r/w Section 120B IPC and in default of payment of fine, he shall further undergo SI for 15 days. It is further ordered that out of amount of fine Rs.2,000/, Rs.1,000/ shall go to the complainant.
Benefit of Section 428 Cr.P.C. be given to the convict. This is to authorize and require you, the said Superintendent, to receive the said convict into your custody in the said jail together with this warrant to undergo the sentence as awarded by this Court.
Given under my hand and the seal of the Court on this 03rd day SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 39/31 of March, 2016.
Note : Fine paid. (Naresh Kumar Malhotra)
ASJ05/West/THC/Delhi/03.03.2016
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 40/31
FOR TRIAL
WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT BY A SESSIONS JUDGE (SECTION 383 OF THE CRIMINAL PROCEDURE CODE) IN THE COURT OF SH. NARESH KUMAR MALHOTRA: ASJ05 : WEST DISTRICT, TIS HAZARI COURTS, DELHI SESSIONS CASE NO.107/14 ID No. 02401R0278932014 FIR No. 197/2014 P.S Mianwali Nagar U/S 392/397/120B/34 IPC To The Jail Superintendent Tihar, Delhi.
In the abovesaid case, accused namely Amit Kumar Kar S/o Ashudas Kar R/o Jhuggi No. 6, Road No. 77, Mahatma Gandhi Camp, Punjabi Bagh, Delhi is held guilty and convicted for the offence punishable U/s 392 IPC r/w Section 120B IPC.
Accordingly, convict Amit Kumar Kar is sentenced to undergo Rigorous imprisonment for a period of two years and fine of Rs.2,000/ for the offence U/s. 392 IPC r/w Section 120B IPC and in default of payment of fine, he shall further undergo SI for 15 days. It is further ordered that out of amount of fine Rs.2,000/, Rs.1,000/ shall go to the complainant.
Benefit of Section 428 Cr.P.C. be given to the convict. This is to authorize and require you, the said Superintendent, to receive the said convict into your custody in the said jail together with this warrant to undergo the sentence as awarded by this Court.
Given under my hand and the seal of the Court on this 03rd day SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 41/31 of March, 2016.
Note : Fine paid. (Naresh Kumar Malhotra)
ASJ05/West/THC/Delhi/03.03.2016
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 42/31
FOR TRIAL
WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT BY A SESSIONS JUDGE (SECTION 383 OF THE CRIMINAL PROCEDURE CODE) IN THE COURT OF SH. NARESH KUMAR MALHOTRA: ASJ05 : WEST DISTRICT, TIS HAZARI COURTS, DELHI SESSIONS CASE NO.107/14 ID No. 02401R0278932014 FIR No. 197/2014 P.S Mianwali Nagar U/S 392/397/120B/34 IPC To The Jail Superintendent Tihar, Delhi.
In the abovesaid case, accused namely Bhaskar Sharma S/o Sh.Rakesh Dutt R/o Jhuggi No. 05, Road no. 77, Rajeev Gandhi Camp, Punjabi Bagh, Delhi is held guilty and convicted for the offence punishable U/s 392 IPC r/w Section 120B IPC.
Accordingly, convict Bhaskar is sentenced to undergo Rigorous imprisonment for a period of one year and fine of Rs. 2,000/ for the offence U/s. 411 IPC and in default of payment of fine, he shall further undergo SI for 15 days. It is further ordered that out of amount of fine Rs.2,000/, Rs.1,000/ shall go to the complainant.
Benefit of Section 428 Cr.P.C. be given to the convict. This is to authorize and require you, the said Superintendent, to receive the said convict into your custody in the said jail together with this warrant to undergo the sentence as awarded by this Court.
Given under my hand and the seal of the Court on this 03rd day SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 43/31 of March, 2016.
Note : Fine paid. (Naresh Kumar
Malhotra)
ASJ05/West/THC/Delhi/03.03.2016
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 44/31
FOR TRIAL
WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT BY A SESSIONS JUDGE (SECTION 383 OF THE CRIMINAL PROCEDURE CODE) IN THE COURT OF SH. NARESH KUMAR MALHOTRA: ASJ05 : WEST DISTRICT, TIS HAZARI COURTS, DELHI SESSIONS CASE NO.107/14 ID No. 02401R0278932014 FIR No. 197/2014 P.S Mianwali Nagar U/S 392/397/120B/34 IPC To The Jail Superintendent Tihar, Delhi.
In the abovesaid case, accused namely Amit Kumar Kar S/o Ashudas Kar R/o Jhuggi No. 6, Road No. 77, Mahatma Gandhi Camp, Punjabi Bagh, Delhi is held guilty and convicted for the offence punishable U/s 392 IPC r/w Section 120B IPC.
Accordingly, convict Amit Kumar Kar is sentenced to undergo Rigorous imprisonment for a period of two years and fine of Rs.2,000/ for the offence U/s. 392 IPC r/w Section 120B IPC and in default of payment of fine, he shall further undergo SI for 15 days. It is further ordered that out of amount of fine Rs.2,000/, Rs.1,000/ shall go to the complainant.
Benefit of Section 428 Cr.P.C. be given to the convict. This is to authorize and require you, the said Superintendent, to receive the said convict into your custody in the said jail together with this warrant to undergo the sentence as awarded by this Court.
Given under my hand and the seal of the Court on this 03rd day SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 45/31 of March, 2016.
Note : Fine paid. (Naresh Kumar Malhotra)
ASJ05/West/THC/Delhi/03.03.2016
SC No.107/14 FIR NO.197/14 State Vs.Deepak Verma etc. Page No. 46/31