Delhi District Court
State vs Devender Gaur Anr on 19 March, 2026
IN THE COURT OF MS. POOJA TALWAR,
ADDITIONAL SESSIONS JUDGE (FTC)WEST
TIS HAZARI COURT, DELHI
In the matter of:
STATE
Vs.
Devender Gaur & Anr. FIR No.322/15
PS: Ranjit Nagar
JUDGMENT
1. Sl. no. of case Sessions Case No. 56741/16
2. CNR no. DLWT010012292015
3. Date of Institution 12.09.2015
4. Date of Commission of 05.06.2015 offence
5. Name of the accused 1. Devender Gaur S/o Ganesh Dutt R/o D-218, Phase-2, Durga Vihar, Deenpur, Najafgarh, Delhi
2. Kavita @ Kakuli W/o Devender Gaur D/o Ratan Shikari R/o Village Lakhipasha, PS Kulpi, District 24 South Pargana, West Bengal
6. Offence Complained of Section 392/394/34 IPC read with Section 397 IPC Section 411 IPC
7. Plea of accused Pleaded not guilty
8. Date of reserving the 10.03.2026 POOJA judgment TALWAR Digitally signed by POOJA SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 1 of 41 TALWAR FIR no.322/15 Date:
2026.03.19 15:02:34 +0530
9. Final order Accused Devender Gaur is convicted under Section 394 r/w Section 397 IPC and Section 411 IPC Accused Kavita @ Kakuli is convicted under Section 394/34 IPC and Section 411 IPC
10. Date of such judgment 19.03.2026 Case of the prosecution
1. Story of the prosecution is that on 05.06.2015 at about 12:05 am an information regarding an injured was received vide DD no.4B pursuant to which Ct. Shankar reached House no.2262/5 Shadipur Mandir Wali Gali where he found blood stains on the floor as well as on the mattress. He also found one blood stained wooden plank (charpai ka paya) on the cooler and splashes of blood on the wall. He came to know that the injured has already been taken to the hospital. He left Ct. Dharmeder at the spot and reached Acharya Bhikshu Hospital where an unknown injured was found under treatment. The injured was in unconscious state unfit for statement.
2. The IO went back to the place of incident and interrogated the landlord. He informed him that the room in question was let out to one Devender and his wife Kavita. On the basis of facts and circumstances FIR was got registered. Phone number of suspect Devender Gaur was put under surveillance and later both Devender and Kavita were apprehended from house of maternal uncle of Kavita at Village Bolsiddi, PS Diamond Harbour. Statement of injured was recorded who stated POOJA TALWAR that he saw one advertisement on OLX for sale of 50 inch LED Digitally signed by POOJA SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 2 of 41 TALWAR FIR no.322/15 Date:
2026.03.19 15:02:41 +0530 TV for Rs.32,000/- on 03.06.2015 he contacted the person who gave the advertisement and reached Ranjit Nagar on 04.06.2015 around 3-4 PM. He met Devender Gaur and his wife Kavita. Kavita offered him tea and Devender Gaur went to get the TV. After some time Devender came inside and hit his head with the heavy object and he became unconscious. When he regained consciousness in the hospital his mobile phone and other articles were found missing. The said stolen articles were recovered from possession of both the accused persons Devender Gaur and Kavita. Upon completion of investigation, charge sheet was filed against both the accused persons.
Charge
3. Charge was framed against both the accused persons under Section 392/394/34 read with Section 394 IPC and Section 411 IPC.
Prosecution evidence
4. In order to prove its case prosecution examined nine witnesses as under :-
Material Witnesses:
(i) PW1: Subrato Kumar Bishwas deposed that:
"I am working as Supervisor in Container Corporation of India, Inland Container Depot, Tuglakabad, New Delhi since 1992. I am residing at the abovesaid address since year 2014 with my family. I was in need of large LED TV. I came in contact on Internet from the Company OLX. After seeing the Add on OLX, it came to my satisfaction that the price was I had POOJA genuine, which was range of Rs.32,000/-. seen this Add on TALWAR SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 3 of 41 Digitally signed FIR no.322/15 by POOJA TALWAR Date: 2026.03.19 15:02:50 +0530 03.06.2015, which was of dt. 02.06.2015. I contacted the person who had given the advertisement on his mobile number reflected in the Add. At present, I do not remember that number, however, I had noted he same in my diary. During telephonic conversation on that number, I came to know his name as Devender Gaur r/o H.No. 2262,Second Floor, Ranjit Nagar, near Shadi Pur Depot, Delhi. He called me at his residence on the following day in evening. I assured him to reach at his residence during evening time accordingly.
On the following day i.e. 04.06.2015, I reached at the given address around 04:00 PM. At that address, Devender Gaur, who is present in court today (correctly identified) and his wife (who is present in court today and correctly identified) were found present. Accused Devender Gaur requested me to sit there and take tea etc. and further told that the goods I.e.T.V.was lying somewhere else in the nearby building and the T.V.is to be brought from that place. Thereafter, we consumed Tea, which was brought by the wife of accused. Thereafter, accused Devender Gaur left the place within a short period. I was waiting him for T.V. Accused Devender Gaur immediately returned and gave blow on my head with a heavy object. He gave repeated blows on my head. I cried in pain. Blood started oozing and thereafter, I became senseless. I regained my consciousness in Safdarjang hospital. I noticed that the entire clothes worn by me were not on my body. The police officials were present there and they were enquiring about my name and address. I tried to memorize the facts but was not able to do perfectly. After considerable time, I could recollect a telephone number of my POOJA colleague namely Santosh. I provided the said number to the TALWAR police. The police officials contacted him. Then the other office Digitally signed by POOJA TALWAR SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 4 of 41 Date: 2026.03.19 15:03:13 +0530 FIR no.322/15 bearer of my office came to know about the incident which had happened with me. My relatives and colleagues visited me in the hospital.
I was carrying my Driving Licence, Debit Card, Credit Card, Adhar Card, RC of my Car, Key of my Car, Key of my house, purse containing some cash, Pan Card and my Mobile phone make Lenovo operational on SIM no. 9560597306. The entire articles were missing. I remained admitted in Safdarjang hospital for one day and thereafter, I was shifted to Apollo Hospital, Delhi and remained admitted there for about 15 days. After my discharge from the hospital, I was called by the police officials of PS Ranjit Nagar. I was informed about my missing articles. I obtained my articles on Superdari. Today I have brought those articles.
At this stage, witness has produced (1) Pan Card having no. AGZ PB-9273H, (2) D/licence number PB1020050117823, (3) Citi Bank Card, (4) Axis Bank Card, (5) Adhar Card in the name of Subroto Kumar, (6) Adhar Card in the name of Saraswati Biswas, (7) Adhar Card in the name of Ratna Biswas, (8) Reliance Card, (9) Debit Card of PNB, (10) RC bearing no.
PB- 13AC-5954 and (11) One key of Car having logo of 'VW'. It is stated that these articles were with me when I had visited the house of accused persons besides the other articles such as key of my house, pocket diary and one mobile phone make Lenovo.
The above mentioned articles are exhibited as Ex. P.1 to P.11 (respectively). I can produce the other articles i.e. key of my house, pocket diary and one mobile phone make Lenovo.
POOJA At the time of incident, I was wearing light blue colour full TALWAR sleeve shirt, dark blue colour pant, light grey colour cap and Digitally signed slipper. I can identify my clothes and slipper, if shown to me. by POOJA TALWAR Date: 2026.03.19 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 5 of 41 15:03:21 +0530 FIR no.322/15 Once I was called by the police for taking my blood sample. Accordingly, I was taken to a govt. hospital for my blood sample.Today, I have brought the mobile phone of make Lenovo of dual Sim having two IMEI Nos. 867371022015652 and 867371022015660, pocket diary, keys of my house which were taken on superdari by me.
At this stage, witness produces one mobile phone make Lenovo, one pocket diary and keys of lock of his house. The above said articles are now ExP-12 to ExP-14 respectively.
I can identify my clothes which were worn by me at the time of incident, if shown to me.
At this stage, MHC(M) has produced Parcel No. 6 bearing the particulars of the case sealed with the seal of FSL. The parcel is opened after breaking the seal which is found to contain one bed sheet having blood stains. This bed sheet is not shown to the witness as it was not seized in his presence. MHC(M) has further produced another parcel bearing serial no.4 sealed with the seal of FSL. Same is opened after breaking the seal. It is found to contain one light blue colour (Ferozi) full sleeves shirt and one Dark Blue colour Pant. Both these clothes have blood stains. Same are shown to the witness.
I identify these clothes being the same which were worn by me at the time of incident. The Shirt is ExP-15 and the Pant is ExP-16.
MHC(M) has further produced another parcel bearing serial no.3 sealed with the seal of FSL covered with Cello Tape. Same is opened after breaking the seal. It is found to contain one off white colour Cap. The words POLO RALPH LAUREN are POOJA embroided on the cap. It has blood stains. Same is shown to the TALWAR witness. I identify this cap being the same which was worn by Digitally signed by POOJA TALWAR SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 6 of 41 Date:
FIR no.322/15 2026.03.19
15:03:27 +0530
me at the time of incident. The Cap is ExP-17.
MHC(M) has further produced another parcel bearing serial no.7 sealed with the seal of FSL covered with Cello Tape. Same is opened after breaking the seal. It is found to contain two plastic cups of orange and yellow colour. Same are shown to the witness. I identify these cups being the same in which I was served Tea in the house of accused persons."
(ii) PW2: Mrs. Ratna Biswas deposed that:
"I am residing on the above mentioned address along with my family and I am a housewife. On 04.06.2015, my husband Subrato Kumar informed me that he would go to Ranjit Nagar for purchasing a LED TV in around Rs. 35,000/-. As my husband was not having much money, so I gave him my debit card of Axis Bank. I waited for my husband through out day but he did not return. Even, I made a call in his office but no information was received. On 06.06.2015, I received a call from Safdarjung Hospital and I came to know that my husband was admitted there. I went to Safdarjung hospital and found that my husband was not having his lenovo mobile phone and my debit/ ATM card and ID card. Police has recorded my statement."
(iii) PW3: Manohar Lal deposed that:
"I have retired from DTC from the post of ATI. I am the owner of H.No. 2262/5, Mandir Wali Gali, Shadi Pur, Delhi. The house is constructed upto four level. On the ground floor, I live alongwith my family members. I have let out all the remaining floors to different persons. POOJA Both the accused persons present in the court today TALWAR (correctly identified) were tenants in one of the portion of my Digitally signed by POOJA SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 7 of 41 TALWAR FIR no.322/15 Date: 2026.03.19 15:03:33 +0530 above mentioned house. Both the accused persons being husband and wife resided in my house from November, 2014 till June, 2015 when the incident took place.
In the month of June, 2015 or May, 2015, I do not remember the exact date and month, at about 07:00 PM or 08:00 PM, I had gone upstairs just to inspect my property. When I reached at the portion under the occupation of accused persons, I found the entrance door was open. While remaining outside, I saw that one person was lying in the room in injured condition. Blood was lying near him. I had not seen this person in that house earlier. Both the accused persons were not present in their rented portion at that time. Only the accused persons were residing in that portion during that period. I attempted to contact both the accused persons by calling on their respective telephones. I do not remember the telephone numbers of accused persons at which I tried to contact them. I failed to connect with the accused persons as their phones were not responding. Thereafter, I made a call at number 100 to the police. I narrated the situation of the rented portion to the police and also about the presence of injured persons. After the police reached at the spot, I had entered the room in the presence of police. The injured was found unconscious.
I had not reduced into writing any Rent Agreement with the accused persons as they were familiar to me being residents of same area."
Formal Witnesses:
(i) PW16: Ms. Vandana, Additional Sessions Judge-05, North POOJA District, Rohini conducted TIP to both the accused, but both of TALWAR them refused for the same. The document regarding TIP Digitally signed by POOJA TALWAR SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 8 of 41 Date:
2026.03.19 FIR no.322/15 15:03:38 +0530 proceedings is Ex.PW-16/A bearing her signatures at point A, A1, A2, A3, A4 and A5. Signature of IO appears at point B and B1 and of accused persons at point C and D.
(ii) PW17: Ms. Sunita Gupta, Senior Scientific Officer (Biology), FSL Rohini deposed that on 02.09.2015, eight sealed parcels of case FIR No.322/15 PS Ranjit Nagar, were received from SHO PSRanjit Nagar at FSL, which were marked to her for examination. She conducted biological and DNA examination of the Exhibits and after the examination of the Exhibits, same were resealed with the seal of "S.G FSL DELHI". She prepared her detailed report in this regard as Ex.PW-17/A bearing her signatures at point A on each page.
(iii) PW18: Sh. Amit Rawat, Assistant Director (Chemistry) FSL, Rohini deposed that on 18.11.2016 one sealed cloth parcel pertaining to the present case, was received in Chemistry Division of FSL Rohini and the same was marked to him for chemical examination. He examined the same after breaking the seal of the parcel and prepared his detailed report Ex.Pw-18/A bearing his signature at point A on each page. After the examination, the remnants of the exhibits were resealed with the seal of "AR FSL DELHI".
(iv) PW19: Dr. Hirdesh Kumar, In-charge, Casualty, Acharyashree Bhikshu Government Hospital, Moti Nagar, New Delhi deposed that he had been deputed by the CMO to appear POOJA on behalf of Dr. Ajit Pal Singh. He saw the MLC bearing TALWAR no.9885 (Emergency Registration no.52342) of the Digitally signed by POOJA patient/injured unknown (male), aged 50 years. As per the MLC, TALWAR Date: 2026.03.19 15:03:44 +0530 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 9 of 41 FIR no.322/15 on 05.06.2014 at 12:32 AM, the said injured was brought by PCR in Casualty with history of found in unconscious state near Rakesh Halwai, Shadipur at around 12:00 AM on 05.06.2015.
The said patient/injured was examined by Dr. Ajit Pal Singh, the then CMO. Initially, the patient was referred in the SR surgery in the hospital and later SR surgery referred the patient to higher centre for neuro surgery opinion (Safdarjung Hospital). MLC Ex.PW-19/A bearing the signatures of Dr. Ajit Pal Singh at point A. He identified his signatures and his handwriting as he has worked with him.
(v) PW20: Dr. Irshad Hussain, SMO, Archarya Shri Bhikshu Govt Hospital, Moti Nagar, New Delhi deposed that he worked with Dr. Dhruv, SR (Surgery) at said hospital for about 03 years. He had seen him writing and signing documents during official course of his duty and he can identify his handwriting and signatures. MLC No. 9885 Ex. PW19/A bears writing of Dr. Dhruv from point X to X1 and his signatures at point B. As per observations of Dr. Dhruv the nature of injury is dangerous.
(vi) PW22: Sh. Rajeev Ranjan, Nodal Officer, Tata Teleservices Ltd, deposed that on 19.06.2018 he was working as Nodal Officer, Tata Teleservices Ltd. he handed over CDR/CAF of mobile no. 9038571065 to the investigated Officer alongwith certificate u/s 65B IEA. The forwarding letter is Ex. PW22/A bearing his signature at point A. Attested copy of CAF of the abovesaid number alongwith the attested copy of ID of customer Shikari Ratan is Ex. PW22/B. The computerized attested copy of POOJA TALWAR CDR of abovesaid mobile number from 01.05.2015 to 15.06.2015 alongwith the said Cell ID is Ex. PW22/C (colly) Digitally signed by POOJA TALWAR Date:
SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 10 of 41 2026.03.19 FIR no.322/15 15:03:50 +0530 bearing his signature at point A and the certificate u/s 65B of IEA regarding the said computer output is Ex. PW22/D bearing his signature at point A. He handed over the location chart of the abovesaid mobile phone from 01.05.2015 to 15.06.2015.
(vii) PW23: Sh. Pawan Singh, Nodal Officer, Vodafone Idea Ltd, deposed that he was working as Nodal Officer in Vodafone Idea Ltd since 2005. Sh. Prashant Kumar alternate Nodal Officer was working in the Vodafone Idea Ltd and he worked with him from 2018 till 2021-22.
He identified the signature of Sh. Prashant on reply to notice u/s 91 CrP.C which is Ex. PW23/A at point A. He also identified the initials of Mr. Prashant Kumar on certified CAF of mobile number 9711840928 which is Ex. PW23/B at point A. As per the CAF of the said number, the number was issued to one Devender Gaur. The ID i.e. DL of the Devender Gaur is Ex. PW23/C bearing the initial of Prashant at point A. As per the reply of notice u/s 91 CrP.C CDR of abovesaid mobile number from 01.05.2015 till 15.06.2015 is not available in the system being more than one year old.
(viii) PW:24 Rajiv Vashisth, Nodal Officer, Bharti Airtel Ltd stated that he was working as Nodal Officer in Bharti Airtel Ltd since January 2019. He was the summoned to furnish CDR and CAF pertaining to mobile no.9815993789, 9560597306 and 7042880023 for the period from 01.05.2015 till 15.06.2015. As per our record the CDR of the abovesaid mobile number for the above mentioned period was not available as the same was more POOJA TALWAR than one year old. The CAF of the abovsaid mobile numbers for Digitally signed the above mentioned period were not traceable. Certified copy of by POOJA TALWAR Date: 2026.03.19 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 11 of 41 15:03:55 +0530 FIR no.322/15 CAF of aforementioned mobile numbers are Ex. PW24/C bearing his signature at point C, D and E.
(ix) PW25: Sh. Nitin Chauhan, Assistant Sales Officer, Axis Bank deposed that he had seen Mr. Gurleen Singh signing in official course of his duties and could identify his writing and signatures. He produced the statement of account of Axis Bank account no.914010000423844 from 01.01.2015 to 05.06.2015. The statement of account is also accompanied by certification u/s 4 Bankers Book Evidence Act. The statement of account is Ex.PW25/B. It is stated by the witness the account opening form is available in Digital form in the branch and the original could not be produced. The copy of Adhar Card of Ratana Biswas in whose name the said account has been opened is marked as Ex.PW25/F. The copy of statement of account no.914010000423844 is already there on judicial record.
Witnesses of Investigation:
(i) PW4: ASI Hasan Imam deposed that on 05.06.2015 at about 12:05 AM, he received information from Wireless Operator to the effect that one injured person was lying near Rakesh Halwai at 2262/5, Shadi Pur Mandir Wali Gali. He recorded the information vide DD no. 4B. It was assigned to SI Pradeep for taking necessary action. He produced the original DD Register containing the relevant DD entry. Hand written copy of DD no.4B dated 05.06.2015 is Ex.PW-4/A.
(ii) PW5: ASI Avtar Chand deposed that on 05.06.2015 DO POOJA handedover to him Print out of FIR in the present case with TALWAR original Tehrir which he took to SI Pradeep Sharma. He met SI Digitally signed by POOJA TALWAR Date: 2026.03.19 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 12 of 41 15:04:12 +0530 FIR no.322/15 Pradeep Sharma at 2262/5, Shadi Pur Mandir Wali Gali and handed him over original Tehrir and FIR. He joined investigation with the IO in that case. Crime team was called at the spot for inspection. Photographer from the Crime team clicked photographs. IO lifted exhibits from the spot. Ct.Dharmender was also present at the spot with the IO. IO seized Wooden legs of Cot, Blood stained Soil as well as normal Soil and some other exhibits which he did not remember. The exhibits which were lifted, separately sealed and the seal was handed over to him after use. Thereafter, all the exhibits were deposited by the IO in the Malkhana.
(iii) PW6: Retd. SI Inderpal Singh deposed that on 05.06.2015 he was working as duty officer from 8:00 AM to 8:00 PM. At 11:50 AM SI Pradeep Sharma came to the Do room and handed over to him tehrir on the basis of which he recorded FIR No.322/15 under section 307 IPC on computer. The computerized copy of the FIR bearing his signature is Ex.PW-6/A bearing his signature at point A. At this stage the witness is shown certificate under section 65B of Indian Evidence Act and he states after seeing the said document that the signature on the same are not that of his (the document for reference is marked as mark Z1). The witness has also stated that the other copy of FIR on record also does not bear his signature (said fir for purpose of identification is marked as Mark Z2). He produced the FIR register and the same is seen and the FIR on record is compared with the FIR Ex.PW-6/A and the same is returned. He verified after recording the FIR on the POOJA computer that it was as per the tehrir and thereafter had signed TALWAR the same at point A. Digitally signed The witness is shown the Tehrir and after seeing the by POOJA TALWAR Date: SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 13 of 41 2026.03.19 15:04:20 +0530 FIR no.322/15 same the witness sates that the endorsement on the same was made and he signed the same. The endorsement is Ex.PW-6/B. DD Entry was also made by me in my handwriting as regards the registration of FIR which is Ex.PW-6/C. (copy taken on record and original register returned after comparing with the copy).
(iv) PW7: Ct. Shanker Lal deposed that in the intervening night of 4/5.06.2015 he joined the investigation alongwith SI Pradeep Sharma.
(v) PW8: Inspector Pankaj Kumar deposed that on 05.06.2015 he received a message from control room for reaching at PS Ranjit Nagar. He alongwith crime team consisting of Ct. Robin (finger print proficient) and Ct. Mohit (photographer) reached at PS Ranjit Nagar on government vehicle. At the police station, they met with one constable who accompanied at the spot i.e. H. No.2262/5, Second Floor, Mandirwali Gali, Ranjit Nagar, Delhi where IO met them. IO informed that a quarrel took place there and the injured has already been shifted to the hospital. He inspected the room on the afore-said second floor of the house.
Ct. Mohit took the photographs of the spot from different angles. Ct. Robin tried to lift the chance print from the spot, but no chance prints could be traced. Upon his advise, IO lifted Exhibits from the spot which he have mentioned in his report at serial no.19. Thereafter, he prepared SOC report Ex.PW-8/A bearing his signature at point A. After going through Ex.PW-8/A he stated that IO lifted (1) one bloods stained wooden cot leg, (2) blood stained pant shirt, POOJA TALWAR (3) blood stained cap, (4) blood stained soil, (5) blood stained mattress, (6) blood stained bedsheet and (7) two blood stained Digitally signed by POOJA TALWAR Date: 2026.03.19 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 14 of 41 15:04:26 +0530 FIR no.322/15 cups. IO also lifted earth control of each of the above-said stained items. They remained at the spot from 2 p.m to 2.45 p.m on 05.06.2015.
(vi) PW9: HC Shailender deposed that on 10.06.2015he joined the investigation of this case alongwith IO SI Pradeep Sharma. On that day, he alongwith IO, Ct. Vinod, Ct. Vikram and W/Ct Usha made departure entry in the police station for going to Kolkata for investigating this case. They boarded a train and reached Kolkata on 11.06.2015. They were searching for suspect Devender Gaur @ Shekhar and one lady involved in this case, whose name was not clear at that time. IO was continuously getting the inputs about the afore-said suspects and upon that inputs, on 12.06.2015 we reached at village Bolsiddhi, PS Diamond Harbor District 24 South, Kolkata West Bengal where we conducted a raid and accused persons namely Devender Gaur @ Shekhar son of Ganesh Dutt and one lady whose name came to be known as Kavita @ Kakuli D/o Ratan Shikari, were apprehended. Both the afore-said accused were arrested by the IO in his presence and accused Devender Gaur @ Shekhar was personally searched by the IO and afore-said lady accused was personally searched by W/Ct. Usha vide memo Ex.PW-9/A, EX.PW-9/B, Ex.PW-9/C and Ex.PW-9/D bearing his signature at point A respectively. IO also recorded disclosure statement of accused Devinder Gaur in his presence vide memo Ex.PW-9/D1 bearing his signatures at poit A. At the instance of accuse Devinder Gaur one mobile phone make LENOVO (black colour) dual SIM was recovered. Accused Devinder Gaur reveled that the POOJA TALWAR same was the mobile phone of complainant namely Shubroto Kumar Vishwas. One Vodafone SIM no. 9711840928 was found Digitally signed by POOJA TALWAR Date:
SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 15 of 41 2026.03.19 FIR no.322/15 15:04:32 +0530 running in the said mobile phone and that SIM belonged to accused Devinder. IO kept the afore-said mobile phone in a pullanda and sealed the same with the seal of RTNGR-I. The said pullanda was seized vide seizure memo Ex.PW-9/E bearing his signature at point A. The seal after use was handed over to me by the IO, after use. During the personal search of accused Devinder Gaur, one wrist watch made of white metal (11KTWOK), one ring made of white metal having blue stone and Rs. 20/- from the pocket of his pant were recovered. Thereafter, we the police team alongwith both the accused reached at PS Diamond Harbor where his statement was recorded by the IO. Accused persons are present in the court today (correctly identified by the witness).
(vii) PW10: HC Usha deposed that on 10.06.2015 she joined the investigation of this case alongwith IO SI Pradeep Sharma. On that days, she alongwith IO, Ct. Vinod, Ct. Vikram and HC Shailender went to Kolkata on the directions of IO. IO also recorded disclosure statement of accused Kavita in her presence vide memo Ex.PW-10/A bearing her signature at point A. Disclosure statement of accused Devinder Gaur was also recorded by the IO.
At the instance of accused Kavita, one purse was recovered and the purse was containing registration certificate, driving license, identity card, Aadhar card, PAN card, Reliance one card, Axis bank card, pocket diary of victim/injured Shubroto Kumar Vishwas. IO kept the afore-said purse containing afore-said documents in a pullanda and sealed the same with the seal of RTNGR-I and seized it through seizure memo Ex.PW-10/B bearing my signature at point A. Seal after POOJA TALWAR use was handed over to HC Shailender. During the personal Digitally signed by POOJA SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 16 of 41 TALWAR FIR no.322/15 Date:
2026.03.19 15:04:38 +0530 search of accused Kavita, one chain made of white metal and attached pendant made of yellow metal, nose ring made of yellow metal containing white eight stones, two ear rings made of yellow metal and one ring made of white metal having white stone were recovered. Thereafter, the police team alongwith both the accused and case property, reached at PS Diamond Harbor where her statement was recorded by the IO. Accused persons correctly identified by her.
(viii) PW11: Ct. Vikram Singh and PW12 Ct. Vinod joined investigation alongwith SI Pradeep, HC Shailender and W/Ct.
Usha and went to Distt. 24, South Pargana Kolkatta West Bengal.
(ix) PW: 13 Ct. Mohit deposed that on 05.06.2015 he alongwith the other member of crime team reached at the spot i.e. 2262/5, second floor Mandirwali gali, Ranjit Nagar where he took the photographs of the spot from different angle. They also tried to find out the chance prints, but the same could not be traced. The photographs taken by him were developed in the lab and the same are the photograph were handed over to the IO. He produced the negatives of the photographs and the photographs already placed on file are the same photographs as Ex.PW-13/A1 to Ex.PW-13/A13 and the negatives of the same are collectively Ex.PW-13/A14. The negatives are taken on record. The Crime team also lifted the Exhibits from the spot and the IC/Crime team also prepared a detailed report.
(x) PW: 14 Ct. Dharmender deposed that on 05.06.2015 he was on night patrolling duty in the area of Mandirwali Gali, Ranjit POOJA TALWAR Nagar. During the patrolling, when he reached in the midnight at Digitally signed by POOJA SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 17 of 41 TALWAR FIR no.322/15 Date:
2026.03.19 15:04:44 +0530 H. No.2262/5, Shadi Pur, Mandirwali Gali near Rakesh Halwai, Ranjit Nagar, he seen that at the second floor, some police officials and public persons were gathered there. When he reached at the second floor, he found SI Pradeep was present there. SI Pradeep had left him to protect the spot and he himself rushed to Acharya Bhikshu Hospital. After sometime, SI Pradeep came back from the hospital and till then, it was morning. In the meanwhile Ct. Avtar also came at the spot alongwith the copy of FIR no. 322/2015 with original rukka, which he handed over to the IO SI Pradep. SI Pradeep called the crime team at the spot and the spot was got inspected and also photographed. The IO lifted the Exhibits on the direction of the crime team and they all were duty sealed with the seal of RTNGR and the seal was handed over to him. The crime team also prepared their report and all the Exhibits were duly seized vide seizure memo Ex.PW-14/A, Ex.PW-14/B, Ex.PW-14/C, Ex.PW-14/D, Ex.PW-14/E, Ex.PW-14/F, Ex.PW-14/G and Ex.PW-14/H all bearing him signatures at points A respectively. Thereafter, we all returned to the police station and the case property was deposited in the malkhana. IO recorded him statement in this regard.
(xi) PW:15 Ct. Sandeep deposed that on 02.09.2015 upon instruction of IO of this case, he collected eight sealed parcel bearing particulars of case Fir no. 322/2015 PS Ranjit Nagar from MHC(M) of PS Ranjit Nagar. He deposited the said case properties at FSL Rohini, Delhi vide RC no. 56/21/15 dated 02.09.2015 (bearing no.943333 and 943334) which are POOJA TALWAR Ex.PW-15A and Ex.PW-15/B both bearing his signature at points A. He also collected the acknowledgment from FSL Rohini and Digitally signed by POOJA TALWAR Date: 2026.03.19 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 18 of 41 15:04:51 +0530 FIR no.322/15 came back at PS Ranjit Nagar and handed over the same to MHC(M) concerned, which is Ex.PW-15/C bearing his signatures at point A. During the period, the afore- said parcels remained in his custody, the same were not tampered with.
(xii) PW21: SI Pradeep Sharma deposed that:
"On 05.06.2015 I was posted at PS Ranjit Nagar as SI and on that day I was on night emergency duty. On that day, I received DD No. 4B regarding injured of one man and need police, attested copy of which is already Ex. PW4/A and on receipt of which I along with Ct. Shankar reached at H. No. 2262/5, Shadipur Mandir Wali Gali near Rakesh Halwai where at the second floor of the said house blood was lying on the floor inside the room and blood was also lying on the mattress and also blood on the one leg of the wooden cot which was lying on the cooler, blood stains were also present on the wall. On query, I came to know that PCR official had taken injured to hospital. Ct. Dharmender who was on patrolling in the area also came there. I left him at the spot to take care of the spot and along with Ct. Shankar reached at RML Hospital, LHMC and other hospital in search of injured but injured could not be traced. Lastly, I reached Acharya Bhikshu Hospital, Moti Nagar where one njured was found under treatment vide MLC 52342. Doctor had mentioned in the MLC of said injured as history of found in unconscious state near Rakesh Halwai. Patient was declared as conscious disoriented and unfit for statement by the doctor. I collected the MLC of the said injured and returned to spot. I searched for the eye witness but no eye witness could be found. I POOJA TALWAR again went to Acharya Bhikshu Hospital to know about the condition of the injured and in the hospital, I came to know that Digitally signed by POOJA TALWAR Date:
SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 19 of 41 2026.03.19 15:04:57 +0530 FIR no.322/15 as the condition of said injured became deteriorated, so he was referred to Safdarjung Hospital for further treatment. I along with Ct. Shankar went to Safdarjung Hospital and tried to record statement of injured but he was not fit to give his statement. I left Ct. Shankar at the hospital and came back to the spot. I made enquiries from the owner of the house namely Manohar Lal and made enquiries from him about the room in which offence was committed and he told that in the said room his tenant Devender along with his wife Kavita were residing. I showed to him photographs of injured who was admitted to hospital for identification of the injured but he did not identify the injured. I made enquiries from the persons of the locality regarding the injured after showing photographs of injured but no one could identify the injured. No eye witness also met me at the spot. I left Ct. Dharmender at the spot and went to Safdarjung Hospital but injured was not conscious and doctor had mentioned on the MLC of injured that he was unfit for statement at about 10.30 AM. After considering all the facts and circumstances, I made rukka under DD no. 4B which is Ex. PW21/A bearing my signature at point A and handed over the same to DO to get the FIR registered. After registration of FIR, I reached back to the spot and crime team officials were also called at the spot and got inspected the spot and crime team officials also took photographs of the spot. At the instance of crime team officials, I lifted from the spot the wooden leg of the cot and sealed the same in a white cloth with seal of RTNGR-1 and took the same into police possession vide seizure memo Ex. PW14/A bearing my signature POOJA at point B. I also lifted blood stained earth and normal earth from TALWAR the spot and kept them into two boxes and sealed them with the Digitally signed by POOJA seal of RTNGR-1 and take into police possession vide TALWAR Date: 2026.03.19 15:05:02 +0530 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 20 of 41 FIR no.322/15 Ex.PW14/B bearing my signature at point B. I also lifted one white colour blood stained cap from the spot and prepared its pullanda and sealed them with the seal of RTNGR-1 and take into police possession vide Ex. PW14/C bearing my signature at point B. I also lifted one blood stained pant and shirt from the spot and prepared its pullanda and sealed them with the seal of RTNGR-1 and take into police possession vide Ex. PW14/D bearing my signature at point B. I also lifted one blood stained mattress from the spot and prepared its pullanda and sealed them with the seal of RTNGR-1 and take into police possession vide Ex.PW14/E bearing my signature at point B. I also lifted one blood stained bedsheet from the spot and prepared its pullanda and sealed them with the seal of RTNGR-1 and take into police possession vide Ex. PW14/F bearing my signature at point B. I also lifted two tea cups from the spot and prepared its pullanda and sealed them with the seal of RTNGR-1 and take into police possession vide Ex. PW14/G bearing my signature at point B. I also lifted from the spot one copy/notebook with written pages and DL of Devender Gaur and sealed the same with the seal of RTNGR-1 vide Ex. PW14/H bearing my signature at point B. I also prepared site plan of spot Ex. PW21/B bearing my signature at point A. The said recovered pullandas were deposited in the malkhana. On 06.06.2015 I put on surveillance mobile number of suspect in the present case. On 09.06.2015 I collected the CAF and CDR of the suspected persons. On 10.06.2015 a raiding team was constituted for arrest of persons involved in the present case as their mobile location was of West Bengal, therefore, on POOJA TALWAR 10.06.2015 we left Delhi for West Bengal and on 11.06.2015 we reached at West Bengal. We made arrival entry at local PS vide Digitally signed by POOJA TALWAR GDE No. 628B at PS Kulpi Distt. South 24 Pargana which is Ex. Date:
2026.03.19 15:05:10 +0530 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 21 of 41 FIR no.322/15 PW21/C bearing my signature at point B. We reached with local police at Lakhi Pasa at the house of father of Kavita and he was not found in the village. In the said village, we came to know about the residential address of maternal uncle of Kavita at village Bolsiddi PS Diamond Harbour. We again came back to PS Kulpi and entry was made in this regard which is Ex. PW21/D bearing my signature at point B. Then we reached at PS Diamond Harbour and made our arrival entry there which is Ex. PW21/E bearing my signature at point B and with local police officials reached at village Bolsiddi where accused Davender present in the court was found at the house of maternal uncle of Kavita. He was arrested vide Ex. PW9/A bearing my signature at point D. Personal search is Ex. PW9/D bearing my signature at point D. Disclosure statement of accused is Ex. PW9/D1 bearing my signature at point B. Kavita another accused wanted in the present case was also found present there and she was arrested vide arrest memo Ex. PW9/B bearing my signature at point C and she was personally searched vide Ex. PW9/C bearing my signatures at point C. Disclosure statement of accused is Ex. PW10/A. Kavita is accused present today in court (correctly identified). One mobile phone make lenova dual SIM having memory card was found in possession of Devender @ Shekhar and he told that the said mobile belongs to victim Subruto Viswas. The said mobile phone was sealed with the seal of RJN- 1 and was taken into police possession vide memo Ex. PW9/E bearing my signature at point B. One purse was found in possession of accused Kavita and she told that the same belongs to injured Subroto Viswas. On checking it, it was found POOJA containing RC of vehicle PB13AC 5954, one DL, I-card of TALWAR Railway Ministry, city bank card, axis bank card, aadhar card, Digitally signed by POOJA TALWAR SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 22 of 41 Date: 2026.03.19 FIR no.322/15 15:05:17 +0530 visiting card, I-card of container corporation of India, aadhar card of Saraswati Viswas, aadhar card of Ratna Viswas, PAN card, Reliance one card, axis bank card of Ratna Viswas, one pocket diary, one key with logo of alphabet W. The said items belongs to injured Subroto Viswas. The said purse and the said recovered items were sealed with the seal of RTNGR-1. The said pullanda me. was taken into possession vide seizure memo Ex.PW10/B. Seal after use was handed over to HC Shailender who was along with Thereafter, we alongwith both accused persons and recovered case property came back to PS Diamond Harbour and on 13.06.2015 both the accused persons were produced before concerned court of the area and three days transit remand of accused persons was taken vide application Ex.PW21/F. Both the accused persons were also got medically examined in the hospital at Diamond Harbour, Distt. South 24 Pargana vide their reports Ex.PW21/G (colly) (running into 06 pages). On 14.06.2015 we departed from West Bengal as we could not get the reservation of 13.06.2015 in the train. On 16.06.2015 we returned to Delhi and case property was deposited in the malkhana. Both the accused persons were produced before the concerned court in muffled face and they were sent to J/c. On 16.06.2015 both the accused persons refused for their judicial TIP. On 18.06.2015 one day PC remand of accused Devender was taken and during PC remand nothing was recovered.
Accused was produced before concerned court and he was sent to J/c. On 30.08.2015 the blood sample of injured Subroto Viswas was handed over to me by doctors of Acharya Bhishu POOJA Hospital with seal of hospital which I took into police possession TALWAR vide seizure memo Ex. PW21/H bearing my signature at point A. Digitally signed On 02.09.2015 all the exhibits were sent to FSL. by POOJA TALWAR Date: 2026.03.19 15:05:45 +0530 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 23 of 41 FIR no.322/15 On 04.09.2015 I moved a request letter to Axis Bank, Tata Telecom, Airtel, Vodafone and OLX. The application was made to OLX to collect details of advertisement posted by accused Devender regarding sale of LED TV for which injured was interested to purchase and visited room of accused Devender on 04.06.2015 at H. No. 2262/5, Second Floor, Mandir Wali Gali, Ranjit Nagar, Delhi. FSL result was awaited at that time and the reply of above stated bank and OLX was also awaited. Certified copies of CDR and CAF of mobile number of accused persons were also not received yet. I filed chargesheet against both accused persons present today in court.
I can identify the recovered case property, if shown to me. At this stage, MHC(M) has produced part of the case property and states that the remaining case property has been released on supardari. Out of the case property produced by MHC(M) parcel no. 1 sealed with the seal of FSL is taken out.The seal is intact and out of which one wooden leg of cot is taken out and witness identifies the same. The same is Ex.P-20.
MHC(M) has produced parcel no. 5 sealed with the seal of FSL is taken out. The seal is intact and out of which one mattress is taken out and witness identifies the same. The same is Ex.P-21.
MHC(M) has produced parcel no. 6 sealed with the seal of Cout is taken out. The seal is intact and out of which one bedsheet is taken out and witness identifies the same. The same is Ex.P-22.
Ld. Defence Counsel does not dispute the identity of other POOJA TALWAR recovered case property regarding present witness as the same were already Ex.P-1 to Ex.P-19." Digitally signed by POOJA TALWAR Date:
2026.03.19 15:05:52 +0530 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 24 of 41 FIR no.322/15
(xiii) PW26 Insp. Nishant Dahiya stated that in June 2016 he was posted at PS Ranjeet Nagar as SI. During that period further investigation of the present case was marked to him. He collected the case file. He had collected the data from Vodafone, Airtel and Tata services. He had also collected the details from Axis Bank Ludhiyana, Punjab pertaining to present case. The record could not be traced from OLX India as the data was older than six months. He prepared the supplementary chargesheet for the data received by him for the present case and filed the same in the Hon'ble Court.
In the year 2018 Biology results related to present case were received in PS Ranjeet Nagar, same were marked to him. He filed the said result in the Hon'ble court by way of supplementary chargesheet.
(xiv) PW27: Retd. SI Gajender Singh stated that in June 2021 he was posted at PS Ranjit Nagar as SI. During that period further investigation of the present case was marked to him. He collected the case file. He collected the FSL result and prepared the supplementary chargesheet and filed the same before the Hon'ble Court. The FSL result is EX.PW18/A. Statement of accused persons under Section 313 CrPC.
5. Statement of the accused persons have been recorded under Section 313 CrP.C wherein they stated that they have been falsely implicated by the police officials only on the POOJA basis of suspicion. TALWAR Digitally signed by POOJA TALWAR Date: 2026.03.19 15:05:57 +0530 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 25 of 41 FIR no.322/15 Arguments on behalf of the State
6. Ld. Addl. PP for the State argued that the complainant/injured had identified the accused persons in the court. Prosecution succeeded in proving the recovery of recovery of mobile phone and other Identity cards, key of the car and cash from both the accused persons. Testimony of victim, his wife and landlord is sufficient to prove the offence committed by the accused persons. Prosecution succeeded in proving the guilt of accused persons beyond reasonable doubt. They deserve to be convicted.
Arguments on behalf of accused
7. Ld. counsel for accused Kavita, per contra argued that there are no allegations against Kavita. She was unaware about the acts of her husband and was merely present in house. No offence is made out against her. She deserves to be acquitted.
8. It is argued on behalf of accused Devender Gaur that prosecution failed to produce the alleged advertisement on the basis of which the entire incident occurred. The landlord has falsely named the accused persons as there were previous quarrels with him due to non payment of rent. Accused was not even residing in the tenanted premises and had already vacated the same. The alleged recovery shown from the accused is false and the case property has been planted. No offence has been committed by the accused. He deserves to be acquitted.
9. I have heard the arguments advanced by all POOJA concerned and have perused the records including documents TALWAR relied upon by the prosecution carefully. Digitally signed by POOJA TALWAR SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 26 of 41 Date: 2026.03.19 FIR no.322/15 15:06:04 +0530 Observation of the Court
10. Proceedings in the present case were initiated upon receipt of PCR call vide DD no.4B pursuant to which SI Pradeep and Ct. Shankar reached the place of incident and were informed that the victim Subroto Kumar Biswas was taken to hospital. The victim was hospitalized for over 15 days. On statement of landlord the tenants residing in the said room were apprehended and from their search mobile phone and other articles of the victim were recovered.
11. On the aforesaid complaint, accused persons are charged for commission of offence under Section 392/394/34 read with Section 394/34 and Section 411/34 IPC.
12. For ready reference relevant sections are reproduced herein under:
Robbery is defined under Section 390 punishment for which is defined under Section 392 IPC. Section 390 IPC is reproduced herein under:
390. Robbery.--In all robbery there is either theft or extortion. 1.
Subs. by Act 26 of 1955, s. 117 and the Sch., for "transportation for life" (w.e.f. 1-1-1956). 98 When theft is robbery.--Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
POOJA
TALWAR
Digitally signed
by POOJA
TALWAR
SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 27 of 41 Date: 2026.03.19
FIR no.322/15 15:06:16 +0530
397. Robbery, or dacoity, with attempt to cause death or grievous hurt.--If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for "transportation for life" (w.e.f. 1-1-1956). 99 person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.
394. Voluntarily causing hurt in committing robbery.--If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
411. Dishonestly receiving stolen property.--Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
13. Section 34 IPC provides exception to the general rule that no man can be held responsible for an independent act and wrong committed by another. It lays down the principle of joint liability in the doing of a criminal act. The essence of that POOJA TALWAR liability is to be found in the existence of common intention, Digitally signed emanating from the accused leading to the doing of a criminal act by POOJA TALWAR Date: 2026.03.19 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 28 of 41 15:06:34 +0530 FIR no.322/15 in furtherance of such intention. It deals with doing of separate acts, similar or adverse by several persons, if all are done in furtherance of common intention, each person is liable for the result thereof as if he had done the act himself. The soul of Section 34 IPC is the joint liability of doing a criminal act. This section only provides a rule of evidence and does not create a substantive offence. Two elements are necessary to fulfill the requirement of Section 34 IPC. One is that the person must be present on the scene of occurrence and the second is that there must be a prior concert or a pre- arranged plan. Unless these two conditions are fulfilled, a person cannot be held guilty of an offence by operation of Section 34 IPC.
14. Common intention implies a pre-arranged plan and acting in concert pursuance to that plan. Common intention comes into being prior to the commission of act in point of time which need not be a long gap.
15. Prosecution in order to prove its case examined the victim as PW1 who deposed that he came across one advertisement for sale of LED TV on OLX on 03.06.2015. He contacted the person concerned and reached house no.2262, Second Floor, Ranjit Nagar. He identified both the accused persons present in the house when he reached there for purchase of LED TV. He identified accused Kavita as the person who served him tea and accused Devender Gaur as the one who inflicted repeated blows on his head with a heavy object.
16. Prosecution examined wife of accused PW2 Ratna POOJA TALWAR Biswas who corroborated the testimony of her husband on the Digitally signed by POOJA SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 29 of 41 TALWAR FIR no.322/15 Date: 2026.03.19 15:06:40 +0530 aspect of their intent to purchase LED TV and that he went to Ranjit Nagar for the same. She also deposed that she gave her Axis bank debit card to her husband for purchase of the same.
17. The third relevant witness examined by prosecution is Manohar Lal PW3 who identified both the accused persons as his tenants. He stated that they resided in his property from November 2014 till June 2015. He also deposed that when he went on a routine check to his room, he found the victim lying in the room in an injured condition. He also testified that at the relevant time only accused persons were residing in said portion and when he tried to contact them they were unresponsive.
18. Prosecution also examined PW25 Nitin Chauhan who proved the fact of account being opened in the name of wife of victim Ratna Biswas and the account statement Ex.PW25/B reflecting the withdrawal cash from her account on 04.06.2015.
19. Prosecution also examined Executives from Tata Telecom, Airtel and Vodafone to prove the phone numbers used by the victim, accused Devender Gaur and Ratan Shikari, father of accused Kavita.
20. As per the prosecution story they were able to trace the accused persons by putting on surveillance mobile number of accused Devender Gaur. The police witnesses have been POOJA examined to prove the arrest disclosure and seizure from the TALWAR accused persons.
Digitally signed by POOJA TALWAR Date: 2026.03.19 15:06:46 +0530SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 30 of 41 FIR no.322/15
21. The accused persons have been charged under Section 394/34 r/w Section 397 IPC and Section 411 IPC.
22. The essential ingredients to prove the charge under Section 394 r/w Section 397 IPC is that at the time of commission of theft the offender voluntarily causes death, hurt or wrongful restraint of a person. Once the prosecution succeeded in proving the commission of robbery and the fact that in the process of committing robbery a deadly weapon is used or grievous hurt or attempt to cause death or hurt of any person is done then the accused is liable to be sentenced for a minimum period of 7 years as prescribed under Section 397 IPC.
23. It would also be pertinent to mention here that the person who uses deadly weapon, causes grievous hurt or attempts to cause grievous hurt to any person would alone be liable under Section 397 IPC and concept of vicarious liability as defined under Section 34 IPC is not applicable to this section.
24. It has come in the testimony of PW1 Subroto Kumar Biswas that he reached the house of the accused persons pursuant to advertisement given by Devender Gaur for sale of LED TV. Accused Kavita served him tea and accused Devender on the pretext of getting TV went out. After some time he came inside and gave repeated blows on his head with heavy object.
25. The landlord PW3 Manohar Lal deposed the fact of letting out his property to the accused persons. There is no denial POOJA TALWAR on the said fact, however in cross-examination of Manohar Lal it Digitally signed is suggested to him that there were quarrels between him and the by POOJA TALWAR Date: 2026.03.19 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 31 of 41 15:06:52 +0530 FIR no.322/15 accused persons on the issue of payment of rent owing to which he deposed falsely against them. It was also suggested to the witness that both the accused persons were not residing in the rented accommodation two months prior to the incident.
26. In case the testimony of PW3 Manohar Lal is discerned, the defence taken by the accused persons would not be of much resort to them. Firstly this witness categorically stated that he did not witness the incident with his eyes. In case he had to seek revenge or was annoyed with the the accused persons due to non payment of rent then he would have simply stated that the accused persons committed the offence and fled.
27. Per contra, he only gave the names of the accused persons as his tenants. He mentioned that they were the only ones who were in occupation of the said premises and conceded to the fact that nothing happened in his presence.
28. Furthermore, no connect between landlord and injured could be brought on record for false implication.
29. Secondly, this plea of alibi was not taken during cross-examination of the victim and a suggestion was only given to PW3 Manohar Lal that two months prior to the incident accused persons were not residing there.
30. It is also deposed by PW3 "The goods/belongings of the accused persons were lying in the rented portion of accused POOJA TALWAR persons. There is no suggestion to the aforesaid fact.
Digitally signed by POOJA TALWAR Date: 2026.03.19 15:06:59 +0530SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 32 of 41 FIR no.322/15
31. Even otherwise while taking plea of alibi it is not mentioned as to where the accused persons were present at the time of incident and no explanation is given as to why their stuff was still lying in the rented accommodation/place of incident.
32. PW2 Manohar Lal also deposed that subsequent to the incident in question when he tried to call the accused persons, they could not be contacted. No suggestion is given to the witness that accused persons were always available on their mobile phones and that they vacated the premises with the consent and knowledge of the landlord.
33. In case testimony of PW1 Subroto Kumar Biswas is scrutinized it would reveal that no suggestion is given to the said witness with respect to non-posting of advertisement on OLX or denying his visit to their residence. It is suggested to the said witness that he turned unconscious after consuming tea or that he could not identify the person who entered the room after consuming tea.
34. From the aforesaid line of cross-examination it stands proved on record that the victim went to the house of accused persons and that he was served tea. In explanation to the fact of being hit by accused Devender Gaur, this witness categorically stated that accused Devender hit heavy object on his head from front side and that he was carrying a heavy wooden object (Bhari si lakkad) when he entered the room.
POOJA TALWAR
35. Beside this cross-examination no motive for false implication by the victim has been brought on record. It is not Digitally signed by POOJA TALWAR Date:
SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 33 of 41 2026.03.19 FIR no.322/15 15:07:05 +0530 explained as to why the victim would falsely implicate the accused persons who were unknown to him and were total strangers.
36. Having said that it would also be pertinent to refer the various pronouncements through which the Apex court has clarified as to how the testimony of injured/victim is required to be discerned.In Mukesh Vs. State of NCT of Delhi & Ors reported as AIR 2017 SC 2161 the Hon'ble Supreme Court observed that: "The depositions of an injured witness should be relied upon, unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies, for the reason that his presence on the same stands established in the case and it is proved that he suffered the injuries during the said incident."
37. In Maqsoodan Vs. State of UP reported as (1983) 1 SCC 218 the Hon'ble Supreme court observed that: "Presence of an injured witness at the time and place of the occurrence cannot be doubted as they had received injuries during the course of the incident and they should normally be not disbelieved."
38. In the case of Bankey Lal Vs. State of UP reported in AIR 1971 SC 2233 it was observed by the Hon'ble Apex Court that "In a case where prosecution witnesses are proved to have deposed truly in all respects then their evidence is required to be scrutinized with care." Further, in the case of Kacheru Singh Vs State of UP reported in AIR 1956 SC 546 it was observed by the POOJA Hon'ble Apex Court: "Whether the witness should be or should TALWAR not be believed is required to be determined by the Trial Court. It Digitally signed by POOJA TALWAR SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 34 of 41 Date: 2026.03.19 FIR no.322/15 15:07:11 +0530 is therefore evident that Eye witnesses' account would require a careful independent assessment and evaluation for their credibility which should not be adversely prejudged making any other evidence, including medical evidence, as the sole touchstone for the test of such credibility. The evidence must be tested for its inherent consistency and the inherent probability of the story; consistency with the account of other witnesses held to be credit-worthy; consistency with the undisputed facts the 'credit' of the witnesses; their performance in the witness-box; their power of observation etc. Then the probative value of such evidence becomes eligible to be put into the scales for a cumulative evaluation. (Ref.: Krishnan Vs State reported in AIR 2003 SC 2978)."
39. Applying the settled principles of law to the facts of the present case, it is therefore necessary for this court to first determine whether testimonies of witnesses are reliable and trustworthy. Case of the prosecution is based on the testimonies of material witnesses i.e. PW1, PW3, PW4 and PW5.
40. Testimony of prosecution witnesses shall now be discerned in order to decide the offence with which the accused persons have been charged.
41. It is argued on behalf of accused persons that prosecution failed to prove that the advertisement was given by accused Devender Gaur on OLX.
POOJA TALWAR
42. There is no denial to the said fact that prosecution could not verify the said fact from the OLX company as it is Digitally signed by POOJA TALWAR SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 35 of 41 Date:
2026.03.19 FIR no.322/15 15:07:22 +0530 deposed by Inspector Nishant Dahiya PW26 that record could not be traced from OLX India as the data was older than 6 months. There is communication between the IO and the OLX company where the said data was called upon from them. However due to lapse of more than 6 months the said data could not be provided.
43. Be that as it may, requirement of proving the aforesaid fact would have been imperative in case the same was denied by the accused by giving a suggestion to victim PW1. There is no suggestion given to PW1 that the accused Devender Gaur did not put any such advertisement on the OLX site. Per contra, it is suggested to the witness that he turned unconcious after having tea.
44. This suggestion proves the fact of victim having visited the house of accused persons and of tea being served to him. There is no explanation other than the one deposed by the complainant of his purpose of visit to the house of the accused persons.
45. It is also argued on behalf of accused Kavita that there is no allegation against her by the victim. The offence is committed by accused Devender Gaur and accused Kavita was present in the house being his wife.
46. The said argument is untenable as accused Kavita served tea to the victim and once she saw her husband hitting and POOJA robbing the victim it was her duty to have informed the TALWAR authorities or atleast have saved the victim.
Digitally signed by POOJA TALWAR Date: 2026.03.19 15:07:40 +0530SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 36 of 41 FIR no.322/15
47. On the contrary, her common intention is writ large in her conduct post the incident. She not only left the house with accused Devender Gaur but also permitted him to stay in the house of her relatives, shielding him from being caught.
48. Further as per the prosecution case mobile phone, debit card, PAN card and other identity cards including the keys of car of victim were recovered from the accused persons.
49. Prosecution examined PW9 HC Shailender, PW10 WCt. Usha, PW11 Ct. Vikram, PW12 Ct. Vinod as well as IO PW21 SI Pradeep Sharma to prove arrest and recovery from both the accused persons. All these witnesses corroborated the testimony of each other in all material particulars. Their testimonies could not be impeached despite extensive cross- examination.
50. The accused persons have not denied their presence at the place from where their arrest and recoveries have been shown to have been affected. All the aforesaid prosecution witnesses deposed that upon reaching PS Dimond Harbour Local police was informed and that Local Police officer accompanied them.
51. There is ample evidence on record in the form of call records through surveillance of which they were able to POOJA reach the accused persons. The mobile number put on TALWAR surveillance by the investigating team is not denied by accused Digitally signed by POOJA Devender Gaur to be used by him. TALWAR Date:
2026.03.19 15:07:46 +0530 SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 37 of 41 FIR no.322/15
52. Admittedly no public person was joined at the time of arrest or recovery as it is in common parlance that no public person wants to get involved in police investigation when it does not concern them.
53. But non joining of public persons in all cases would not be fatal to the case of prosecution.
54. Reliance in this regard is placed in the judgment of Naresh @ Satya vs. State 2024 5AD Delhi 391 wherein it is held that:
21. Conviction can be recorded on the sole testimony of police officials without corroboration from a public witness, if it inspires confidence. In this regard reliance can be placed upon Tahir Vs. State (1996) 3 SCC 338, in which the Hon'ble Supreme Court has held as follows:
"no infirmity attaches to the testimony of police officials, merely because they belong to the police force and there is no rule of law or evidence which lays down that conviction cannot be recorded on the evidence of the police officials, if found reliable, unless corroborated by some independent evidence. The Rule of Prudence however, only requires a more careful scrutiny of their evidence, since they can be said to be interested in the result of the case projected by them. Where the evidence of the police officials, after careful scrutiny, inspires confidence and is found to be trustworthy and reliable, it can form basis of conviction and the absence of some independent witness of the POOJA locality to lend corroboration to their evidence does not in any TALWAR way affect the creditworthiness of the prosecution case."Digitally signed by POOJA TALWAR Date: 2026.03.19 15:07:51 +0530
SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 38 of 41 FIR no.322/15
55. Hence, non joining of public witness would be of no resort to the accused persons to challenge the veracity of police officials on this aspect.
56. From the evidence as brought on record there is no discrepancy in the testimony of prosecution witnesses nor any flaw in the investigation process. Moreover nothing concrete has come in the statement of accused persons recorded under Section 313 CrPC. Of course no defence evidence too has been led.
57. To every evidence put to the accused persons there is simple denial of the facts without any cogent explanation. It is not explained as to why they have been chosen by the police or the victim for false implication.
58. It has come in evidence against accused Devender Gaur that recovery of one mobile phone make Lenovo was affected from his possession and the said mobile belonged to the victim.
59. PW2 Ratna wife of the victim categorically stated that when she met her husband in the hospital his mobile phone and other documents including her debit card were missing.
60. Recovery of debit card is alleged to have been affected from possession of accused Kavita. All the prosecution witnesses in whose presence the said recovery was affected POOJA deposed about the said fact except for simple denial nothing else TALWAR was suggested to the aforesaid witnesses.
Digitally signed by POOJA TALWAR Date: 2026.03.19 15:07:58 +0530SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 39 of 41 FIR no.322/15
61. From the evidence as brought on record it stands proved that both the accused persons were found in possession of stolen property of victim Subroto Kumar Biswas.
62. Prosecution succeeded in proving that both the accused persons in furtherance of common intention voluntarily caused hurt to victim Subroto Kumar Biswas and robbed him, hence are liable under Section 394/34 IPC.
63. The charge was jointly framed under Section 397 IPC against both the accused persons, however, as per Section 397 IPC only the offender who uses deadly weapon or causes grievous hurt or attempts to cause death or grievous hurt to any person is liable for punishment provided under the said Section. The principle of vicarious liability provided under Section 34 IPC is not applicable. It has come in evidence of the victim that it was accused Devender Gaur who hit him with a heavy object on his head due to which he became unconscious and was later hospitalized for about 15 days.
64. Intention to cause death or grievous hurt to the victim by accused Devender Gaur stands proved by the fact that the injury was inflicted on his head with such a heavy object knowing well that the same could have caused his death.
65. Hence offence under Section 394 r/w Section 397 POOJA IPC stands proved against accused Devender Gaur and accused TALWAR Kavita is held liable under Section 394/34 IPC.
Digitally signed by POOJA TALWAR Date: 2026.03.19 15:08:04 +0530SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 40 of 41 FIR no.322/15
66. As discussed above, both the accused persons were found in possession of stolen property and are accordingly are held liable under Section 411 IPC.
Conclusion:
67. In view of aforesaid findings, prosecution succeeded in proving the guilt of the accused persons beyond reasonable doubt. Accordingly accused Devender Gaur is convicted for commission of offence under Section 394 r/w Section 397 IPC and Section 411 IPC and Kavita @ Kakuli is convicted for offence under Section 394/34 IPC and Section 411 IPC.
POOJA
Announced in the open court (POOJA TALWAR) TALWAR
on 19.03.2026 ASJ-01(FTC) West District, Digitally signed
Tis Hazari Court, Delhi by POOJA
TALWAR
Date: 2026.03.19
15:08:17 +0530
SC No.56741/16 State. Vs. Devender Gaur & Anr. Page : 41 of 41
FIR no.322/15