Delhi District Court
State vs . Sachin & Ors. on 31 August, 2013
IN THE COURT OF SH. PANKAJ ARORA, MM01,
WEST DISTRICT, TIS HAZARI COURT, DELHI
STATE Vs. SACHIN & ORS.
FIR No. 700/07
PS: Punjabi Bagh
U/S: 356/379/411 IPC
ID No. : 02401R1484712008
Date of commission of offence : 21.12.2007
Date of institution of the case : 28.02.2008
Name of the complainant : Sh. Veer Bahadur Veer
Name of accused and address : 1) Sachin Sharma @ Rinku S/o Adarsh
Kumar Sharma S/o M376, J.J. Colony,
Shakur Pur, Delhi.
2) Sonu Kumar S/o Sh. Parmanand R/o
M376, Shakur Pur, J.J. Colony, Delhi.
3) Bijender Kumar @ Bunty S/o Sh. Jeet
Singh, R/o M365, J.J. Colony, Shakur Pur,
Delhi.
4) Israj @ Rohit S/o Sh. Mohd. Nizammudin
R/o E12, Shakur Pur, J.J. Colony, Delhi.
Offence complained of or proved : U/s 356/379/34 IPC
Plea of the accused : Pleaded not guilty
Final order : Convicted
Date of judgment : 31.08.2013
State Vs. Sachin & Ors. Page No. 1 of 15
J U D G M E N T
1 The case of the prosecution in brief is that on 28.10.2007, on receipt of DD No. 60A, ASI Ram Phal Singh and Ct. Bapu Singh reached at Central Market Road 43, West Punjabi Bagh. As the complainant was in hospital, his statement was recorded in the Maharaja Agarsen Hospital in Punjabi Bagh where the complainant made complaint regarding snatching of his VIP Bag containing Rs. 2.9 lakh in cash, certain cheques of company, Rs. 11,000/ in cash, one cheque book and one pass book and one ESI Card and other documents. On the basis of the complainantof one Vir Bahadur, the present FIR came to be registered. Thereafter on 01.01.2008, the accused persons namely Sachin Sharma @ Rinku, Sonu Kumar, Israj @ Rohit & Bijender @ Bunty were arrested on their disclosure statement at PS Parshant Vihar. On 03.01.2008, IO Ram Phal Singh has interrogated the accused persons with the permission of Sh. Anil Kumar, Ld. MM, Rohini. Thereafter, they were arrested in the present case. The accused persons refused to participate in the TIP Proceedings. After completion of necessary formalities, chargesheet was filed in the Court. Cognizance of the offence was taken. Charge for commission of offence under Section 356/379/34 & under Section 411 of IPC was framed against all the accused persons. 2 The prosecution examined 12 witnesses in support of its case, which are as follows:
(1) Sh. Bir Bahadur was examined as PW1. He deposed that he was working as Field Officer in the company i.e. High Tech Grain Processing Pvt. Ltd. G 36, Industrial Area Lawrence Road, Delhi Since 01.07.1993. He further deposed that work assigned to him by his employer was cash collection and depositing the same in the concerned accounts of different banks. He further deposed that on 23.10.2007, he left his office from Lawrence Road at about 10.15 a.m. and went to ICICI bank Punjabi Bagh for cash deposit of Rs. State Vs. Sachin & Ors. Page No. 2 of 15
2,90,000/ kept in a rexine bag of VIP and his DL, pass books, cheque books, RC and some other documents including his personal cash amount of Rs. 11,000/ were also kept in the said bag. He further deposed that at about 10.45 a.m., when he had come at Central Market, Punjabi Bagh by his official motorcycle no. DL 8SH 7798 and when he stopped his vehicle at just near Citi Bank where he was suddenly obstructed by the driver of one Maruti Car 800 white color having registration no. DL 8CA 0743 and 34 other associates came up and his said bag which was hanged on his shoulder in cross position was snatched by one of them by using criminal force upon him and he thereupon immediately raised noise for help. He further deposed that he was also beaten by them when he tried to get back the bag from them and sustained injuries to him. He further deposed that after committing the said incident with him, the above offenders succeeded in running away from the spot. He further deposed that he immediately rang up to the police at number 100 and also informed to his employer. He further deposed that was taken at MGS Hospital where two police officials had come to him and he was enquired by one of them and whatsoever happened with him he had stated to him and same was reduced into writing i.e. his statement ex. PW1/A. He further deposed that he was taken at the place of incident where after inspecting the site, site plan Ex. PW1/B was prepared at his instance. He further deposed that they had tried their best to locate the offenders but no clue had come to them about them. He further deposed that the persons who had committed the above said incident with him on the above date, time and place are namely Sachin Sharma alias Rinku, Bijender alias Bunti, Sonu Kumar and Israj alias Rohit The witness has correctly identified the accused persons. During his crossexamination, he stated that Accused - Sachin Sharma was known to him earlier also as he was brother of their one exemployee namely Deepak Sharma. State Vs. Sachin & Ors. Page No. 3 of 15 Nothing material has come out in the remaining part of his crossexamnation.
2) SI Bhopal Singh was examined as PW1. He deposed that on 21.12.2007, he was posted at Spl. Team Crime Branch, Prashant Vihar as SI. He further deposed that during the investigation of case FIR No. 945/07 U/s 353/186/3007/34 IPC PS Mangolpuri accused persons, namely, Vijender Kumar, Mohd. Israj, Sonu Kumar and Sachin were arrested and they disclosed about their involvement in case FIR No. 700/200, PS Punjabi Bagh. He further deposed that he has recorded their disclosure statements. He further deposed that accused persons were in JC. He further deposed that he informed about the same to PS Punjabi Bagh. He further deposed that on 01.01.2008, IO/ASI Ramphal Singh arrived at office of Crime Branch, Prashant Vihar and he handed over the copies of relevant documents to the IO. He further deposed that IO recorded his statement. The witness has correctly identified the accused persons. He further deposed that the judicial file of case FIR No. 945/07 PS Mangolpuri has been produced in the Court. The witness was cross examined but nothing material came out in his crossexamination.
3) Formal witness Sh. Sanjit Kumar was examined as PW3. He deposed that he has brought the original judicial file of case FIR no. 945/07 PS Mangol Puri, registered against the accused Bijender @ Bunty, Mohd. Israd @ Rohit, Manoranjan@ Sonu and Sachin @ Rinku under Section 353/186/304/307/34 IPC read with Section 25/27 of Arms Act, 1959. He produced the documents including copy of FIR, rukka, disclosure statements of accused persons, pointing out memos and recovery memo in respect of accused Israd @ Rohit, Bijender, Sachin and Manoranjan in the original file which were exhibited as Ex. PW3/A to Ex. PW3/J. The witness was not crossexamined despite having given the opportunity. State Vs. Sachin & Ors. Page No. 4 of 15
4) Head Constable Shailender was examined as PW4. He deposed that on 21.12.2007, he was posted at Special Team Crime Branch, Prashant Vihar and on that day, he joined the investigation with SI Bhopal Singh in case FIR No. 945/2007, PS Mangolpuri and during the investigation all the 4 accused persons present in the court that were arrested and their disclosure statement were were also recorded by the IO in which they have disclosed to have committed an offence pertaining to within the jurisdiction of PS Punjabi Bagh and accordingly the IO informed at PS Punjabi Bagh. He further deposed that IO recorded his statement. The witness was crossexamined but nothing material came out in his cross examination.
5) HC Kapoor Singh was examined as PW5. He deposed that on 23.10.2007, he was posted at PS Punjabi Bagh as Constable. He further deposed that on the receipt of DD No. 16A, he reached at road no. 43 at West Punjabi Bagh along with ASI Ramphal where they found a motorcycle registration number DL 8SH 7798. He further deposed that after enquiry, they came to know that victim had been shifted to Maharaja Agarsen Hospital. He further deposed that they reached at Maharaja Agarsen Hospital, where complainant Veer Bahadur and his factory owner Vipul Mittal met them where IO recorded statement of complainant. He further deposed that they returned at the spot along with Vipul Mittal and IO prepared rukka and handed over to him for registration of the FIR. He further deposed that he took same to the PS and got FIR registered and came back at the spot with copy of the FIR and original rukka and same was handed over to the IO. He further deposed that IO recorded the statement of Vipul Mittal. He further deposed that on the spot after enquiry, they came to know the vehicle which was used in commission by accused persons was a Maruti car and its registration no. is DL 8CA 0743. He further deposed that they went to State Vs. Sachin & Ors. Page No. 5 of 15 Anand Parbat for searching of registered owner of the said Maruti Car. He further deposed that during search of owner of the said Maruti Car, they reached at house no. 277/13, Than Singh Nagar, Anand Parbat and found said Maruti Car was parked in front of aforesaid house. He further deposed that IO made enquiry from the owner of the said car namely Ashok Kumar. He further deposed that they returned at the spot and IO recorded his statement U/s 161 Cr.P.C. The witness was crossexamined but nothing material came out in his crossexamination.
6) Sh. D.K. Jangala was examined as PW6. He deposed that on 11.01.2008, he was posted as Metropolitan Magistrate at Rohini Courts, Delhi. He further deposed that on 04.01.2008 on the application on IO, TIP proceedings was marked to him by Ld. ACMM and he had fixed the TIP Proceedings for 11.01.2008 to be conducted at Tihar Jail. He further deposed on 11.01.2008, he had visited the Tihar Jail and conducted the TIP Proceedings. He further deposed that the application of the IO is Ex. PW6/A and TIP Proceedings are Ex. PW6/B. He further deposed that he had also conducted the TIP Proceedings of accused Bijender Kumar @ Bunty on 09.01.2008 at District Jail, Rohini. He further deposed that the accused Bijender Kumar @ Bunty refused to join the TIP Proceedings. He further deposed that the TIP Proceedings of accused Bijender Kumar @ Bunty is Ex. PW6/C. He further deposed that he had also conducted the TIP Proceedings of accused Israj @ Rohit on 09.01.2008 at District Jail, Rohini. He further deposed that the accused Israj @ Rohit refused to join the TIP Proceedings. He further deposed that the application of the IO is ex. PW6/D and the TIP Proceedings of accused Israj @ Rohit is Ex. PW6/E. He further deposed that on 11.01.2008, on the application of IO, TIP Proceedings was marked to him by Ld. ACMM and he had fixed the TIP Proceedings for 11.01.2008 to State Vs. Sachin & Ors. Page No. 6 of 15 be conducted at Tihar Jail. He further deposed that on 11.01.2008, he had visited the Tihar Jail and conducted the TIP Proceedings. He further deposed that the accused Sachin Kumar @ Rinku refused to join the TIP Proceedings. He further deposed that the TIP Proceedings of accused Sachin Kumar @ Rinku is Ex. PW6/F. The witness was not crossexamined despite having given the opportunity.
7) Ct. Subhash was examined as PW7. He deposed that on 03.01.2008, he was posted at PS Punjabi Bagh as a Ct. He further deposed that he went to the Rohini Court along with ASI Ramphal where accused persons namely Sachin Sharma, Sonu Kumar, Israr and Vijender were produced before the Court in muffled face. He further deposed that IO ASI Ramphal got permission of the interrogation of all accused persons from Court and thereafter custody of accused persons were handed over to him. He further deposed that IO interrogated accused persons and during interrogations all accused persons revealed that they had committed offence of snatching from the area of Central Market Punjabi Bagh from the possession of a motorcycle rider of the sum of Rs. 2,90,000/ which was kept in a brief case in the possession of motorcycle rider. He further deposed that IO formally arrested all accused persons vide arrest memo which are Ex. PW7/A, PW7/B, PW7/C & PW7/D. He further deposed that accused persons were sent to JC for 14 days by the order of the Court. The witness was crossexamined but nothing material came out in his cross examination.
8) SI Ramphal was examined as PW8. He deposed that on 23.10.2007, he was posted as PS Punjabi Bagh as an ASI. He further deposed that on receipt of DD No. 16A which is ex. PW8/A, he reached on the spot i.e. Road No. 43 West Punjabi Bagh opposite Central market along with Ct. Kapoor Singh. He further deposed that on inquiry, he came to know State Vs. Sachin & Ors. Page No. 7 of 15 that complainant had been shifted to MGS Hospital. He further deposed that no eye witness was found on the spot at that time. He further deposed that he reached at MGS Hospital along with Ct. Kapoor Singh where complainant Vir Bahadur Veer was found admitted vide MLC No. 1377 Mark A. He further deposed that he recorded statement of complainant which is Ex. PW1/A and he also got collected MLC of complainant. He further deposed that he returned back at the spot along with complainant and prepared site plan at the instance of complainant which is already Ex. PW1/B where motorcycle of complainant was found also. He further deposed that he prepared rukka which is Ex. PW8/B and handed over to Ct. Kapoor Singh for registration of FIR at about 1 p.m. He again said that he had prepared site plan after preparation of rukka. He further deposed that Ct. Kapoor Singh took rukka to the PS and got FIR registered and came back at the spot along with copy of FIR and original rukka and same was handed over to him. He further deposed that employer of complainant namely Vipul Mittal also came on the spot. He further deposed that he made inquiry from Vipul Mittal and thereafter recorded his statement. He further deposed that he also recorded supplementary statement on the spot and statement of Ct. Kapoor Singh. He further deposed that he started searching the car bearing registration No. DL 8CA 0743 Maruti 800 in white colour, as same was used by accused persons for the commission of offence but he returned back at the PS in vain. He further deposed that on 01.08.2007, again said 01.01.2008, he had received an information by DO PS Punjabi Bagh that SI Bhopal Singh PS Parshant Vihar, Special Staff had arrested 4 accused persons and accused persons had revealed involvement in the present case. He further deposed that he went to PS Parshant Vihar and met SI Bhopal Singh who handed over disclosure statement of accused persons and relevant documents and photocopy of statement of witness etc. to State Vs. Sachin & Ors. Page No. 8 of 15 him. He further deposed that he also recorded statement of SI Bhopal and SI Charan Singh U/s 161 Cr.P.C. He further deposed that disclosure statement of accused persons are already Ex. PW3/C, PW3/D, PW3/E, PW3/F and pointing out cum seizure memo are already Ex. PW3/G, PW3/H, PW3/I and PW3/J. He further deposed that he returned back at PS. He further deposed that on 03.01.2008, he went to the Court of Ld. MM Anil Kumar Rohini District Court along with Ct. Subhash. He further deposed that he interrogated all 4 accused namely Mohd. Siraj, Sonu, Bijender @ Bunty and accused Sachin Sharma after getting permission of this Court and arrested all accused persons vide respective arrest memos which are already Ex. PW7/A, PW7/B, PW7/C and PW7/D. He further deposed that at that time, all accused persons were in muffled face. He further deposed that all accused persons sent to JC for 14 days by the order of Ld. MM. he further deposed that during interrogation accused persons revealed that owner of alleged Maruti 800 Car is Mullah and Mullah also involved in the commission of above said offence along with his Maruti 800 Car. He further deposed that he went to Shakurpur for searching Mullah but Mullah could not be traced. He further deposed that he returned back at the PS and recorded statement of Ct. Subhash. He further deposed that the TIP proceedings of accused Israj and Bijender were conducted in Rohini Court on 09.01.2008 and TIP Proceedings of accused Sonu and Sachin Sharma were were conducted in Tihar on 11.01.2008. he further deposed that he got collected order copy of TIP Proceedings on 09.01.2008 in respect of accused Mohd. Israj and Bijender and on 11.01.2008. He further deposed that he got collected order copy of TIP Proceedings in respect of accused Sonu and Sachin Sharma. He further deposed that he returned back at PS. He further deposed that on 14.01.2008, SI K.P. Singh got PC of accused Sachin and Sonu and came back at the PS along with both accused State Vs. Sachin & Ors. Page No. 9 of 15 in PC in respect of FIR No. 759/07 PS Punjabi Bagh. He further deposed that he also made an inquiry from both accused in PS in respect of present case. He further deposed that on same day, after 2 p.m., he went to Tis Hazari Court at Room NO. 111 along with complainant where complainant correctly identified all accused persons as accused Sonu and Sachin were produced by SI K.P. Singh and accused Israj and Bijender were produced from JC before the said Court. He further deposed that he recorded supplementary statement of complainant Bir Bahadur Vir. He further deposed that he returned back at PS. He further deposed that he recorded statement of witnesses and prepared challan and filed in the Court. The witness was crossexamined but nothing material came out in his cross examination.
9) Sh. Vipul Mittal was examined as PW9. He deposed that he was running a Dal Mill in the name of Hightech Gran Processing Pvt. Ltd. situated at G36, Lawrence Road, Industrial Area. He further deposed that Veer Bahadur was working as a field officer in his company. He further deposed that duty of Veer Bahadur was to collect due payment and cash of company and depositing the same in the bank. He further deposed that the company was having an account in ICICI bank, Punjabi Bagh. He further deposed that on 23.10.2007, Veer Bahadur was going to ICICI bank Punjabi Bagh for depositing Rs. 2,90,000/ cash in denomination of currency notes of Rs. 1,000/ X 100, Rs. 500/ X 100, Rs. 100/ X 600 & Rs. 5/ X 1600. He further deposed that at about 11 a.m., Veer Bahadur informed him telephinically that some culprits had robbed the said cash amount from his possession on Road NO. 43 West Punjabi Bagh when he was going to deposit the same in the Bank. He further deposed that he reached at the spot and came to know that Veer Bahadur had been shifted to Maharaja Agarsen Hospital. He further deposed that police State Vs. Sachin & Ors. Page No. 10 of 15 official also came at the hospital and made enquiry from Veer Bahadur and also recorded his statement. The witness was crossexamined but nothing material came out in his cross examination.
10) SI Charan Singh was examined as PW10. He deposed that on 20.12.2004, he was posted in the Special Team Crime Branch as an ASI. He further deposed that at about 6.30 p.m., HC Rajinder received a secret information that the person namely Sachin, Mohd. Israr, Sonu Kumar @ Manoranjan and Vijender @ Bunti would come at about 9 p.m. at Guru Harkishan Marg Road No. 43, Mangolpuri Industrial Area for committing robbery at Indian Oil Petrol Pump along with their associates by a Maruti Esteem car bearing No. HR 26D 9768. He further deposed that above said information was brought in his notice by HC Rajinder then he brought said information i the notice of Inspector Raj Kumar and he also made DD Entry in respect of said information. He further deposed that on the direction of Inspector Crime Branch, he formed a raiding party including himself, SI Shiv Darshan, HC Rajinder, HC Azad Singh, HC Shailender Singh, HC Pardeep, Ct. Kishan Kumar, Ct. Satish Kumar, Ct. Raj Kumar and Ct. Pawan Under the supervision of Inspector Raj Kumar. He further deposed that he also briefed to raiding paty regarding said secret information. He further deposed that they left their office at about 8.00 p.m. by three private vehicles for destination along with secret informer. He further deposed that they reached at Deepawli Chowk Outer Ring Road at about 8.15 p.m. and he requested public persons to join in the raiding party but none agreed and they left the spot after disclosing their genuine problem without disclosing their name and addresses. He further deposed that at the time of leaving their office, only he was in police uniform and remaining member of raiding party were in civil dress. He further deposed that they reached at at Road No. 43 Guru Harikishan Marg State Vs. Sachin & Ors. Page No. 11 of 15 opposite Indian Oil Petrol Pump and he set a trap on the carryways which is coming from Rani Bagh Side. He further deposed that at about 9.15 p.m., secret informer told them that said Maruti Esteem Car is coming from Rani Bagh Side on which he gave signal to stop the said Maruti Esteem Car but same was not stopped. He further deposed that they started chasing said Maruti Esteem Car by their respective private vehicles. He further deposed that chasing after ½ Km. they tackled/intercepted the said Maruti Esteem Car near DDA Park Mangolpuri Industrial Area. He further deposed that Israr getting out inside the said Maruti Esteem Car from codriver seat and gave gun shot fire towards HC Rajender, but fortunately HC Rajinder saved himself from said gun shot. He further deposed that HC Rajender caught hold of accused Mohd. Israr after a minor scuffle and snatched country made pistol from the right hand of Mohd. Israr. He further deposed that in between another accused Sonu @ Manoranja came out from rear seat right hand side of the said car and gave gun shot fire towards him and HC Azad Singh but they caught hold accused Sonu after a minor scuffle and snatched country made pistol from his right hand. He further deposed that accused Bijedndr @ Bunti came out from the said car rear seat left side and fired bullet towards SI Shiv Dutt but fortunately got misfired. He further deposed that from the driver seat accused Sachin came out along with a open buttondar knife and tried to attack on police party but HC Shailender nabbed him and snatched said buttondar knife from his right hand. He further deposed that during cursory search of accusd Israr and Sonu @ Manoranjan one live artridge recovered from each. He further deposed that he prepared rukka and handed over to Ct. Kishan Kumar for registration of FIR and he got FIR registered and came back at the spot alongwith copy of FIR NO. 945/07 and original rukka and same were handed over to IO SI Bhopal Singh as SI Bhopal Singh already reached at State Vs. Sachin & Ors. Page No. 12 of 15 the spot. He further deposed that he also handed over to him all 4 accused along with relevant documents and case property. He further deposed that on 01.01.2008, ASI Ram Phal of PS Punjabi Bagh recorded his statement in respect of present case. The witness was crossexamined but nothing material came out in his crossexamination.
11) WASI Maya Devi was examined as PW11. She deposed that on 23.10.2007, she was posted at PS Punjabi Bagh as Duty Officer. She further deposed that her duty hours were from 9 a.m. to 5 p.m. She further deposed that wireless operator came in the PS and informed that Lady Ct. Suman from PCR had informed that 45 culprits came at Central Market Punjabi Bagh by a Maruti 800 Car bearing registration no. DL 1CA 0743 and snatched Rs. 2,90,000/ from a person and ran away. She further deposed that on the basis of said information, she made DD No. 16A which is already Ex. PW8/A and copy of same was sent to ASI Ram Phal through Ct. Kapoor Singh. She further deposed that She further deposed that on the same day, at about 11.37 a.m. wireless operator came in the PS and informed that one person namely Veer Bahadur had been admitted in Maharaja Agarsan Hospital in injured condition who had sustained injuries in a beating at Central Market and admitted in the hospital vide MLC No. 1377/07. She further deposed that on the basis of said information, he made DD No. 18A and information regarding said DD was furnished to ASI Ram Phal through telephone which is Ex. PW11/A. She further deposed that on same day at about 1.15 p.m., Ct. Kapoor Singh brought the rukka and same was sent and prepared by ASI Ram Phal. She further deposed that on the basis of which she registered case FIR NO. 700/07 running in two pages which is Ex. PW11/B. She further deposed that she also made endorsement on rukka which is already Ex. PW8/B. She further deposed that copy of FIR and original rukka was sent to ASI Ram Phal through Ct. Kapoor Singh at the spot. State Vs. Sachin & Ors. Page No. 13 of 15 The witness was not crossexamined despite having given the opportunity.
12) SI Madan Lal is the duty officer who recorded & identified the present FIR No. 945/07 which is Ex. PW12/A. He was not crossexamined despite having given the opportunity.
3 Thereafter, statement of accused persons U/s 313 of Cr.P.C. was recorded, in which all the incriminating evidence were put to the accused persons. Accused stated that they have been falsely implicated in the present case. Accused persons opted not to lead any evidence in defence.
This Court has heard Ld. APP for the State & Ld. Counsel for the accused persons. 4 It is observed that complainant namely Bir Bahadur was examined as PW1. He has correctly identified all the accused persons in the Court. His deposition is in consonance with his statement recorded by the IO which is Ex. PW1/A. His testimony is also corroborated with the testimony of Sh. Vipul Mittal who was examined as PW9. As recovered case property, if any, was never produced for identification by any of the witness, the accused persons cannot be convicted for commission of offence under Section 411 of IPC. It is also observed that the accused persons have also refused to participate in TIP Proceedings despite the facts that the accused persons were warned by Ld. MM, Sh. D.K. Jangla that adverse inference can be drawn against them during trial. Vide order dated 22.05.2011, the accused namely Israj was released under Section 436 IPC on his furnishing personal bond in the sum of Rs.30,000. However, the accused Israj refused to furnish the personal bond.
State Vs. Sachin & Ors. Page No. 14 of 15 5 All the prosecution witnesses have deposed about the incident fully in consonance with the facts mentioned in the charge sheet. Nothing material has come out in their respective crossexamination. There is no reason to disbelieve the testimony of the prosecution witnesses. The prosecution has proved the fact that the accused persons namely Sachin Sharma, Sonu Kumar, Israd & Rohit & Bijender @ Bunty used criminal force while committing the theft and also committed theft of raxine bag of VIP containing Rs. 2.9 lacs in cash of company namely High Tech Grain Processing Pvt. Ltd. PassBook, Cheque Books, RC and other documents including personal cash of Rs. 11,000/ from the possession of Bir Bahadur (Complainant herein) on 23.10.2007 at 10.45 a.m. at Road No. 43, West Punjabi Bagh Opposite Central Market, Delhi in furtherance of your common intention. Accordingly, accused persons namely Sachin Sharma, Sonu Kumar, Mohd. Israj @ Rohit & Bijender @ Bunty are hereby convicted for the commission of offence under Section 356/379/34 of IPC. The convict be heard on the point of sentence on 13.09.2013. Announced in the open Court, On 31st, August, 2013.
(Pankaj Arora) MM01 (West)/Delhi 31.08.2013 State Vs. Sachin & Ors. Page No. 15 of 15 FIR NO. 700/07 PS: P. Bagh 31.08.2013.
Present: Ld. APP for the State.
Sh. A.N. Sharma, Ld. Amicus Curiae for the accused persons namely Sonu & Israj Accused namely Sonu & Israj produced from JC.
Ld. Counsel for the accused persons namely Sachin Sharma & Virender a/w accused persons namely Sachin Sharma & Virender in person.
Vide separate judgment dictated in the open court, the accused persons namely Sachin Sharma, Sonu Kumar, Israj & Rohit & Bijender @ Bunty are hereby convicted for the commission of offence under Section 356/379/34 of IPC. The convicts be heard on the point of sentence on 13.09.2013.
(Pankaj Arora) MM01,West, THC, Delhi 31.08.2013.
State Vs. Sachin & Ors. Page No. 16 of 15 FIR NO. 700/07 PS: P. Bagh 20.09.2013.
ORDER OF SENTENCE
Present: Ld. APP for the State.
Sh. A.N. Sharma, Ld. Amicus Curiae for the convict persons namely Sonu & Israj Convict namely Sonu & Israj produced from JC.
Ld. Counsel for the convict persons namely Sachin Sharma & Virender a/w convict persons namely Sachin Sharma & Virender in person.
Heard on the point of sentence & on the said application. It is stated on behalf of the convict namely Sachin Sharma & Vijender that they are facing the trial since year 2007. It is further stated that both the convicts are recently married. Both the convicts are the sole bread earner in their family. The convict namely Vijender is expecting baby after 1 ½ months. Father of the convict namely Vijender is the patient of Asthma. Both the convicts have already suffered incarceration for about one month. It is stated on behalf of the convicts namely Sonu & Israj that they are in custody since the date of their arrests. It is further stated on behalf of the convicts that both the convicts are the poor person.
It is observed that all the convict persons have been granted bail. However, the convict namely Sonu did not furnish the bail bond and the convict namely Israj has got the bail bond withdrawn as per the order dated 05.07.2010. Perusal of the record reveals that all the convict persons have appeared on all the dates fixed by this Court since the State Vs. Sachin & Ors. Page No. 17 of 15 filing of charge sheet on 28.02.2008. However, due to administrative reasons, sometimes, the convicts namely Sonu & Israj could not be produced from JC. So far around, 90 dates have been fixed in the present case. There are other cases also pending against the convicts namely Sonu & Israj.
Keeping in view of the aforesaid facts & circumstances, all the convicts are hereby sentenced to imprisonment already undergone by them. Copy of this Order be sent to the Jail Superintendent concerned.
Copy of this Order and Judgment dated 31.08.2013 be supplied to all the convicts free of cost.
File be consigned to Record Room.
(Pankaj Arora) MM01,West, THC, Delhi 20.09.2013.
State Vs. Sachin & Ors. Page No. 18 of 15