Delhi District Court
379/411 Ipc, State vs . Sonu @ Vijay S/O Raju @ Sudhershan, Ps on 31 October, 2012
S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC IN THE COURT OF SH. NEERAJ GAUR, LD.METROPOLITAN MAGISTRATEIII/NORTH, DELHI FIR No. 114/12. S/v Sonu. U/s 379 IPC PS: Subzi Mandi C/N. 106/2 U. ID No. 02401R026502012. Date of Institution 04.06.2012. Date of commission of offence 28.05.2012. Name of the complainant Sh. Rana Sandip Kalra S/o Dr. Chander Prakash Kalra. Name and address of accused Sonu S/o Sh Sudarshan R/o JJC2, Old Police Line near Petrol Pump, Civil Lines, Delhi. Offence complaint off U/S 379 IPC. Plea of guilt Pleaded not guilty . Final Order Convicted. U. ID No. 02401R026502012 Page No. 1 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC Date of reserve for order 31.10.2012. Date for announcing the order : 31.10.2012. JUDGMENT:
Brief facts and pre trial proceedings
1. The case of the prosecution, as disclosed in the chargesheet is that on 28.05.12, PW3 Sh. Anil Kr along with his nephew i.e. PW2 Sh. Rana Sandeep Kalra were present at their office/ shop bearing Shop no. 12, Gokhle Market, Tis Hazari, which was a transport office. At about 7:15 pm, accused picked up a carton of medicines kept outside the aforementioned shop and started running away. On raising alarm by PW2 and PW3, accused was apprehended. PW6 Ct. Anil, PW7 HC Chidda Singh and PW9 SI Jitender Rana were also present near the U. ID No. 02401R026502012 Page No. 2 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC aforementioned shop being on patrolling duty and they noticed gathering of crowd. When they reached at the spot, PW2 and PW3 handed over the custody of the accused to the aforementioned police officials. PW9 recorded the complaint/ statement of the complainant Sh Rana Sandeep Kalra, on the basis of which, the present FIR was got registered. Accused was arrested, case property was seized and after completion of the investigation, accused was chargesheeted and sent up for trial.
2. Copies of charge sheet etc. were supplied to the accused and after necessary compliances, charges u/s 379 IPC was framed against the accused. Accused pleaded not guilty and claimed trial.
Trial
3. To prove the charge, prosecution examined nine witnesses in U. ID No. 02401R026502012 Page No. 3 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC total, whose depositions are being discussed in brief as follows :
(i). PW1 Sh. Manoj Kumar, Mauja Clerk, Record Room (Criminal) deposed that he brought the case file of case FIR no. 11/12, u/s 379/411 IPC, State Vs. Sonu @ Vijay s/o Raju @ Sudhershan, PS Subzi Mandi, goshwara no. 154/12 Subzi Mandi. As per order sheet no. 23.03.12, accused was convicted for the offences punishable u/s 379/411 IPC and was sentenced to the period already undergone by him. He proved the photocopy of order sheet dated 23.03.12 and of the charge framed against the accused of dated 23.03.12, which are Ex. PW 1/A and PW 1/B respectively and copy of FIR is Ex. PW 1/C.
(ii). PW2 Sh. Rana Sandeep Kalra (complainant) and PW3 Sh. Anil Kumar (maternal uncle of complainant) deposed that they were U. ID No. 02401R026502012 Page No. 4 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC engaged in the business of transporting the goods and ran the business in the name and style of Bharat Transport Company from MCD Shop no. 12, Gokhle Market, Tis Hazari, Delhi. On 28.05.12, they were present at their transport shop. At about 7:15 pm, they noticed that one person had picked up a carton of medicines kept outside their shop and started running from there. They shouted 'Chor Chor' and chased and apprehended him, who after interrogation disclosed his name as Sonu s/o Sudhershan. In the meantime, some police officials from PS Subzi Mandi also reached there and they handed over the accused along with stolen medicines carton to the police. Suddenly, accused took out one blade from the pocket of his shirt and inflicted injuries on his head and abdomen from that blade and also tried to smash his head with the ground and U. ID No. 02401R026502012 Page No. 5 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC threatened both PWs saying that "Tumhe Tatha Police Walo Ko Jhuthe Case Main Fanswa Dunga, Tum Muje Nahi Jante, Mai Kai Baar Jail Jaa Chuka Huin Or Main Jail Jane Se Nahi Darta Huin".
Statement of PW2 recorded by the police, which is Ex. PW 2/A. The blade was seized from the accused by the police and put in a small plastic box and seized vide seizure memo Ex. PW 2/B. Accused was sent to hospital along with one constable for his medical examination. The baniyan of the accused was also seized by the police vide seizure memo Ex. PW 2/C. The stolen carton containing medicines was also seized by the police vide seizure memo Ex. PW 2/D. In the meantime, accused was brought back at the spot after his medical examination. IO prepared the site plan Ex. PW 2/E at the instance of PW2. Accused was arrested. Arrest U. ID No. 02401R026502012 Page No. 6 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC memo and personal search memo are Ex. PW2/F and PW2/G respectively. PW2 also handed over to the police the builty with respect to the medicine carton which was also seized by the police vide seizure memo Ex. PW 2/H and copy of the said builty is Ex. PA. Both PWs correctly identified the accused as well as case properties Ex. P1, P2 and P3 in the Court.
(iii). PW4 SI Yogesh Kumar is the Duty Officer, who proved the registration of instant FIR as Ex. PW4/A and his endorsement as Ex. PW4/B.
(iv). PW5 Dr. Asitesh Bajwa Sr. Resident, Aruna Asaf Ali Hospital deposed that on 29.05.12, he received one sealed plastic bottle containing half blade with label of a Gillete product and stainless on other side with one edge sharp and glistening. The bottle was U. ID No. 02401R026502012 Page No. 7 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC sealed with the seal of JR and written with the details of the instant case "FIR no 114/12 dated 28.05.2012 u/s 379/411 IPC Blade /1888/12" . On examination of the patient on 29.05.2012, he was conscious, cooperative and well oriented to time, place and person. PW5 found three incised wounds at right side of scalp, over center of scalp and left side of scalp, as mentioned in the MLC sheet on head, showing tailing on the front and blood deposit at places. The abdomen region showed multiple superficial incised wounds as mentioned in MLC and they all showed tailing on the right side and blood deposited at places. All the wounds on the head were un stitched. On the next day, IO of the case made request Mark A to give an opinion. After examination of the patient and considering the aforementioned MLC Mark A1, PW5 gave the opinion in this U. ID No. 02401R026502012 Page No. 8 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC regard vide his opinion Ex PW5/A. As per his opinion, the injuries found on the body of patient could be self inflicted and they could be caused by the blade examined by him.
(v). PW6 Ct. Anil, PW7 HC Chidda Singh and PW9 SI Jitender Rana deposed that on 28.05.12, they were on patrolling duty and while patrolling, at about 7:15 pm, they were present near MCD Shop no. 12, Gokhle Market, Tis Hazari, Delhi, where, they noticed that a crowd gathered there. They reached there and one public person namely Sh. Rana Sandeep Kalra met them, who handed over to PW9 the custody of accused stating that accused committed theft of a medicine carton from his shop and that accused was apprehended by him along with his uncle Sh Anil Kr with the stolen medicine carton. In the meantime, accused Sonu suddenly took out U. ID No. 02401R026502012 Page No. 9 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC a blade from his shirt and inflicted injuries on his abdomen and on his head. They overpowered the accused and snatched the blade from him. Accused also threatened saying that he will get them implicated in false cases and that he had no fear of jail and he was a regular visitor of jail. Accused was immediately sent to Aruna Asaf Ali Govt. Hospital through PW7 HC Chidda Singh. PW9 recorded the statement of complainant Sh. Rana Sandeep Kalra which is Ex. PW 2/A and prepared rukka Ex PW 9/A and handed over the same to PW6 Ct. Anil Kr, who went to PS, got the case registered and returned at the spot along with copy of FIR and original rukka and handed over the same to PW9. PW9 prepared the site plan at the instance of complainant, which is Ex. PW 2/E and also recorded the statement u/s 161 CRPC of maternal uncle of complainant. In the U. ID No. 02401R026502012 Page No. 10 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC meantime, PW7 HC Chidda Singh also returned at the spot along with accused and handed over the MLC of accused to PW9. The stolen medicine carton was sealed with the seal of JR after putting the same in a plastic katta and seized vide seizure memo Ex. PW 2/D. The blade with which accused had inflicted injuries on his person was put in a small transparent plastic box and sealed with the seal of JR and seized vide seizure memo Ex. PW 2/B. The Baniyan, which was worn by the accused and on which blood stains were there, was put in a white cloth and sealed with the seal of JR and seized vide seizure memo Ex. PW 2/C. Thereafter, accused was arrested. Arrest memo and personal search memo to this effect are Ex. PW 2/F and PW 2/G respectively. Thereafter, PW9 recorded statement u/s 161 CrPC of the complainant and other witnesses. U. ID No. 02401R026502012 Page No. 11 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC Thereafter, they returned at PS along with accused and the case property, where, case property was deposited in Mal Khana by PW9 and accused was put in lock up. On the MLC of accused, the concerned doctor referred the same for forensic opinion and on the next morning, accused was taken to Mortury, Civil Hospital, Subzi Mandi, where, accused was examined by Dr. Asitesh Bajwa and PW9 also produced the blade and MLC of accused to Dr. Bajwa for expert opinion and it was opined by Dr. Bhajwa that injuries were possible by self infliction. On 30.05.12, PW9 collected the builty with respect to the stolen medicine carton from complainant and seized the same vide seizure memo Ex. PW 2/H and said builty is Ex. PA. During investigation, it was disclosed that accused earlier also inflicted injuries to him while he caught in a criminal case vide U. ID No. 02401R026502012 Page No. 12 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC FIR No. 11/12 u/s 379/411 IPC PS S. Mandi, Delhi and in that case also, the expert opinion was obtained and in that case also it was opined by the concerned doctor that injuries were possible by self infliction. All PWs, correctly identified the accused as well as case properties Ex. P1, P2 and P3 in the Court.
(vi). PW8 Dr. Aseen Taneja, CMO, Aruna Asaf Ali Hospital deposed that on 28.05.12, one patient namely Sonu brought to the hospital by HC Chidda Singh with alleged history of assault by the police as told by the patient and the patient sustained injuries himself (self inflicted injuries). He medically examined the patient and proved his detailed MLC in this regard as Ex. PW8/A. Patient further referred to Forensic expert for opinion regarding injuries might be self inflicted or not.
U. ID No. 02401R026502012 Page No. 13 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC
4. PE was thereafter closed at the request of Ld. APP for the State.
Statement of accused and defence
5. After concluding prosecution evidence, accused Sonu was examined u/s 313 CrPC and he stated that he was falsely implicated in the present case. He further stated that he was not having any blade. He was returning from his work place when some public persons and police officials attacked him and he suffered injuries. He did not choose to lead any evidence in defence.
Arguments and appreciation of evidence
6. Ld. LAC for the accused argued that accused has been falsely implicated in this case. He submitted that when accusd was returning from his work place, he was attacked by some public persons and police officials and was thereafter, implicated in this case. He argued that the U. ID No. 02401R026502012 Page No. 14 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC injuries have been proved to be found on the body of the accused which clearly establish that he was beaten up by the public persons.
7. Ld. APP for the State argued that PW2, PW3, PW6, PW7 and PW9 deposed in unequivocal terms that after his apprehension, accused took out a blade and intentionally caused injuries on his own person. He also retorted threatening words to the aforementioned PWs to falsely implicate them. He also retorted that he was not afraid of going to jail.
8. I have given my due considerations, particularly on the aspect of injuries found on the person of accused. PW2 and PW3 are independent public persons. There is nothing on record to show that these persons have any prior enmity with the accused. They are business persons and I find no reason to assign any ill motive on them. The presence of aforementioned U. ID No. 02401R026502012 Page No. 15 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC three police officials at the spot has also been proved as they were on patrolling duty in the area. The statements of PW2 and PW3 are reliable and truthful.
9. The prosecution has proved beyond reasonable doubt that the accused committed theft of carton box containing medicines (Ex. P1) by moving the same out of the possession of PW2 and PW3 without their consent intending to take the same dishonestly. The ingredients of Section 379 IPC have been duly proved.
Conclusion
10. From the discussion made hereinabove and evidence available on record, prosecution has firmly established the charge u/s 379 IPC against accused beyond shadow of doubt. Hence, I hold the accused Sonu U. ID No. 02401R026502012 Page No. 16 of 17 S/v Sonu FIR no. 114/12 PS : Subzi Mandi U/s 379 IPC guilty of the offence u/s 379 IPC and he is accordingly convicted for the aforementioned offence.
Arguments on sentence shall be heard separately.
Announced in open court (Neeraj Gaur)
today i.e. 31.10.2012 Metropolitan MagistrateIII/N
Tis Hazari Courts, Delhi
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