Delhi District Court
State vs . Jugal Kishore Sharma on 28 September, 2015
FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 IN THE COURT OF SH. POORAN CHAND : CHIEF METROPOLITAN MAGISTRATE: CENTRAL DISTRICT: TIS HAZARI COURTS: DELHI FIR No.:132/2001 PS: Subzi Mandi U/s : 193 IPC State Vs. Jugal Kishore Sharma Unique ID No.: 02401R012302001 J U D G M E N T:
______________________________________________________________
(a) S.No. of the case : 103/2
(b) Name of complainant : Sh. A. K. Sarpal Metropolitan Magistrate, Room No. 279, Tis Hazari Courts, Delhi.
(c) Date of commission of offence : 09.12.2000
(d) Name of the accused : Jugal Kishore Sharma @ J K
Singh S/o Sh. Shankar Dass
Sharma R/o H. No. D208, Nehru
Vihar, Police Station Timar Pur,
Delhi.
(e) Offence complained of : U/s 193 IPC
(f) Offece charged : U/s 193 IPC
(g) Plea of accused : Pleaded not guilty
(g) Final arguments heard on : 22.09.2015
State V/s Jugal Kishore Sharma (Convicted) Page 1 of 14
FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015
(h) Final Order : Convicted
(i) Date of such order : 28.09.2015
BRIEF FACTS & REASONS FOR SUCH DECISION:
1. In brief the case of the prosecution is that on 09.12.2000 in FIR No. 537/2000, Police Station Kotwali in the Court of Sh. A. K. Sarpal, the then Ld. Metropolitan Magistrate, Delhi in case titled as "State Vs. Prem Gawala"
accused gave false affidavit in Court about address and service mentioned on the bond which was totally incorrect and was no more on the strength of office of Secretary (Revenue) cum Divisional Commissioner with effect from 27.06.1995 and were not residing at the address given on the bond which statement accused know or believe to be false and did not believe it to be true and thereafter on the complaint of complainant present FIR was registered and accused was arrested for having committed offence punishable U/s 193 IPC. After completion of investigation chargesheet was filed in the court for judicial verdict.
2. Thereafter, cognizance of the offence u/s 193 IPC was taken and accused was summoned and compliance of section 207/208 Cr.P.C was made. After hearing arguments on charge, vide order dated 11.10.2002 separate charge for offence u/s 193 IPC was framed against the accused to which he pleaded not guilty and claimed trial.
3. In order to bring home the guilt of accused namely Jugal Kishore State V/s Jugal Kishore Sharma (Convicted) Page 2 of 14 FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 Sharma prosecution examined as many as thirteen witnesses, where after the PE in the matter was closed. Thereafter, statement of the accused namely Jugal Kishore Sharma U/s 313 Cr.P.C was recorded, wherein he denied the allegations levelled against him. However, he did not lead any evidence in his defense.
Evidence Held:
4. Total thirteen witnesses were examined by the prosecution in support of its case. A brief scrutiny of the evidence recorded in the matter is as under.
5. PW1 Sh. A. K. Sarpal is the complainant who deposed that on 13.12.2000 he was working as MM in Tis Hazari Courts. On 09.12.2000 a bail bond was furnished for the release of accused Prem Gawala arrested in case FIR No. 537/2000 of Police Station Kotwali. The bail bond submitted by Jugal Kishore Sharma was sent to Police for verification and the report was called for 11.12.2000. Jugal Kishore Sharma gave his address at 847, Gulabi Bagh and mentioned in the affidavit on the back side of bail bond that he was working as UDC in Delhi Administration. On 11.12.2000 the report was received which was incomplete so, fresh report was called for next day. The bail bond furnished before him is Ex. PW1/A and the orders passed on the same are at point A which are dated 09.12.2000 and 11.12.2000. Accused Jugal Kishore had produced his ration card, identity card and the photocopy of order of ADM, Head Quarter dated 08.07.1988 after proper verification, a State V/s Jugal Kishore Sharma (Convicted) Page 3 of 14 FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 report was received that accused Jugal Kishore Sharma had already removed from service w.e.f. 27.06.1995 and was no more on the strength of Secretary Revenue Cum Divisional Commissioner. It was also mentioned in the report that the address given on bail bond is not correct. Thereafter, he passed a detailed order on the file of case FIR No. 537/2000 and ordered for prosecution of accused for offence u/s 193 IPC on 12.12.2000. The complaint filed by him in the Court of Ld. CMM, Ex. PW1/B. The original bail bond verification report is Ex. PW9/A and the original report submitted by Sh. Sukhbir Singh, Superintendent, Vigilance Branch from the office of Divisional Commissioner is Ex. PW1/C. The report Ex. PW1/C was enclosed with one joining report of Sh. J. K. Sharma consisting of one page. Same is mark A. The letter Ex. PW1/D was sent by him to the ADM (HQ) for calling the report on verification of the details of Sh. J. K. Sharma.
6. PW2 HC Bahadur Singh deposed that on 10.04.2001 he was posted at Police Station Subzi Mandi as duty officer from 4.00 pm to 12.00 night. On that day, he received a complaint marked by SHO, Police Station Subzi Mandi. He received the same mark X. He endorsed the same at point A. On the basis of which he recorded FIR No. 132/2001. Carbon copy of FIR is Ex. PW2/A.
7. PW3 HC Suraj Prakash deposed that on 23.05.2001 he was posted at DIU. On that day, he alongwith ASI Mahavir Prasad were busy in the State V/s Jugal Kishore Sharma (Convicted) Page 4 of 14 FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 investigation of this case while searching the accused. When they reached at B208, Nehru Vihar, his elder brother Som Raj met them who called the accused Jugal Kishore and produced before them. He was interrogated and arrested in this case. His formal search was conducted. Arrest memo is Ex. PW3/A and personal search memo is Ex. PW3/B. The disclosure statement of accused Jugal Kishore Sharma was recorded vide memo Ex. PW3/C. His statement was recorded by the IO.
8. PW4 Sh. Amit Aggarwal deposed that on 07.05.2001 he was posted as a Junior Engineer, PWD 15 and at that time he was on duty at PWD office, Gulabi Bagh. On that day one ASI Mahavir Prasad came in his office and he made some inquiry about the allottee Sh. Jugal Kishore in respect of Quarter No. 847, Gulabi Bagh, Delhi. On inquiry by the ASI, he had stated to him that Jugal Kishore used to stay at Quarter No. 847, Gulabi Bagh, since 29.06.1988 to 15.05.2000 after verifying the record. He also gave a detailed report to the concerned police official in this regard which is Ex. PW4/A.
9. PW5 Smt. Kamla Devi deposed that she was working in Maulana Azad Medical College, new Girls Hostel. Police had interrogated her in this case. Police had enquired whether she was acquainted as to who used to live in H. No. 847, Gulabi Bagh, Delhi. She showed her negligence as house was alloted to her in August 2000 and she was not aware as to who was the earlier occupant of this house. She has not brought the photocopy of her allotment State V/s Jugal Kishore Sharma (Convicted) Page 5 of 14 FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 letter mark A.
10. PW6 Sh. V K Kandpal deposed that on 01.05.2001 he was posted as OIC (Vigilance)/SDM Head QuarterI, at Tis Hazari, Delhi. On that day, at the request of ACP (Div.), he checked the record of Sh. J. K. Sharma, UDC and found that identity card No. 570 was issued to him when he was in the service but he had been removed from service vide order No. F2(15)/92/DC/Vigilance/224652 dated 27.06.1995. He gave his report to this effect to the ACP and the same is Ex. PW6/A.
11. PW7 Sh. Harwinder Singh deposed that on 02.05.2001 he was posted at Circle No. 64, Gulabi Bagh as FSO. He totally turned hostile before the Court and thereafter cross examined by the State.
12. PW8 Sh. P Vijay Shankar deposed that he is M.Sc. in Chemistry and joined in this organization as ACIOI and received 3 years in service training into handwriting examination and detection of forgery and he worked alongwith his senior officers and learned this work. In the year 1998, he was selected as Assistant Government Examiner of questioned documents by UPSC in December 1998 onwards. He independently examined the cases allotted to him and expressed his opinion on them. He also attended various Courts of law to depose evidence. The documents of this case sent by Dy. Commissioner police crime received in this office on 27.06.2001 and this case State V/s Jugal Kishore Sharma (Convicted) Page 6 of 14 FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 is allotted to him. He has carefully thoroughly examined the original documents of this case Ex. PW1/A and other specimen and he expressed his opinion dated 03.07.2001 which is on record in original and same is Ex. PW8/A. It pertains to this case. This case also examined independently examined by Sh. D. D. Goel, the then Government Examiner whose signatures he can identify his signatures at point B. As per his report signatures of questioned documents is the same as per specimen signatures provided to him. The reason for his opinion Ex. PW8/B.
13. PW08 (it is pertinent to mention that Sh. Shyam Pal also again given number as PW8) Sh. Shyam Pal Assistant Manager deposed that he had been directed to produce the record i.e. Ragister of FPS, Gulabi Bagh. However, as per the report of Sh. Rajinder Singh, AG1, CScumAGM, FPS, Gulabi Bagh was closed on September, 2004 and the registers were deposited at Gazipur godown alongwith other belongings of said FPS. Despite best efforts said record cannot be traced out it has been reported that the same has been damaged due to fire at Gazipur godown in May, 2009. He state in terms of report of Sh. Rajinder Singh, AG1 Ex. PW8/A that the said record is not traceable and he identify the signatures of Sh. Rajinder Singh, AG1 at point A as he has seen him writing and signing in his presence in course of his officials duties.
14. PW9 SI Dinesh Prasad Yadav deposed that on 11.12.2000 he was State V/s Jugal Kishore Sharma (Convicted) Page 7 of 14 FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 posted at Police Station Kotwali. On that day, he filed a reply of bail bond verification in the Court. The same is Ex. PW9/A (original is in main file of FIR No. 537/2000 of Police Station Kotwali which is annexed with the main judicial file), wherein he verified the bail bond of Jugal Kishore Sharma and found Smt. Kanti Davi was staying on the address mentioned in the bail bond, as the flat was allotted to her 45 months before. Jugal Kishore was not staying at the address mentioned in the bail bond. In the ration card, there is no entry after December, 1992 and no seal of Issuing Authority on the Icard was there and the pay slip also pertained to year 1998. He opposed the bail bond to be accepted as the accused was not residing at the address mentioned in the bail bond on the basis of verification conducted by him.
15. PW10 SI (retired) Mahavir Prasad is the IO who deposed that on 10.04.2001 he was posted at DIU North. On that day, investigation of present case was marked to him. He obtained documents i.e. original bail bond, ration card, Icard and Payslip and same were sezied vide memo Ex. PW10/A. Icard is Ex. P1, Ration card is Ex. P2, Bail bond is Ex. PW1/A. He verified the ration card vide Ex. PW7/A and found that the same was not renewed in 1996 from circle No. 64 and report of same is at point Y. During investigation, he arrested accused and conducted his personal search vide memos Ex. PW3/A and Ex. PW3/B and recorded his disclosure statement vide Ex. PW3/C. He obtained specimen handwriting of Jugal Kishore vide Ex. PW10/B and B1 and same was sent for expert opinion for FSL. He conducted enquiry with State V/s Jugal Kishore Sharma (Convicted) Page 8 of 14 FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 respect to Icard and found the accused was dismissed from department and accused was forcefully vacated on 15.05.2000 by Land and Buildings, Department from Quarter No. 847, Gulabi Bagh. After collecting expert report he placed the same on record. He obtained complaint u/s 195 Cr.PC from Hon'ble Judge Sh. Ashwani Sarpal. During investigation, he recorded the statement of witnesses.
16. PW11 Sh. Naveen Malhotra, UDC deposed that he has brought the service record pertaining to Jugal Kishore Sharma former UDC working in office of Secretary Revenue Cum Divisional Commissioner (Vigilance Branch) Tis Hazari Court, Delhi containing the original order No. F2(15)/92/DC/Vig./224652 dated 27.06.1995 as per which the accused was removed from service with immediate effect. Copy of the said order is Ex. PW11/A.
17. PW12 Sh. Uday Bhan Kutar has proved the allotment and vacation register with regard to the flat situated in Gulabi Bagh, Delhi. As per the said record, accused Jugal Kishore Sharma, gave the possession of the premises bearing Flat No. 847, TypeI, Gulabi Bagh, Delhi on 15.05.2000. The photocopy of the said relevant page is Ex. PW12/A.
18. This is all as far as prosecution evidence in the matter is concerned.
Arguments advanced and case law relied upon :
State V/s Jugal Kishore Sharma (Convicted) Page 9 of 14
FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015
19. I have heard arguments advanced at bar by the learned defence counsel and also learned APP and have carefully gone through the evidence come on record in the matter.
20. It is argued on behalf of the accused that prosecution has miserably failed to prove its case beyond reasonable doubt. It is argued that in this case the cognizance was taken by the Ld. Predecessor of this Court on the report filed u/s 173 of Cr.PC pursuant to the FIR No. 132/2001 registered on the complaint of Sh. A K Sarpal, the then Ld. MM, Delhi which is against the spirit of law. It is further argued that cognizance should have been taken by the Court only on the complaint of complainant Sh. A K Sarpal, the then Ld. MM and case should have been inquired into and tried as a complaint case in view of the provisions under chapter XV of the Cr.PC for trial of complaint case. It is also further argued that accused was working as a UDC and the I card and Ration card annexed with the bail bond are not forged. They are duly issued by the concerned department, therefore no offence as alleged by the prosecution is made out after conclusion of the trail. Hence, accused is entitled for acquittal.
21. Per contra, it is argued on behalf of State that in view of the testimonies of PWs prosecution has proved its case against the accused. It is argued that accused has filed affidavit stating that he is working as UDC and drawing a State V/s Jugal Kishore Sharma (Convicted) Page 10 of 14 FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 salary of Rs. 6,300/ per month which is false on the day of filing the affidavit in the Court i.e. on 09.12.2000 whereas accused evicted from the premises in question on 15.05.2000. Therefore, it is argued that accused be convicted and sentenced as per law.
22. The present FIR was registered on the complaint u/s 195 Cr.PC filed by Sh. A. K. Sarpal, the then Ld. MM, Delhi on the allegations that accused Jugal Kishore Sharma stated himself to be a resident of Quarter No. 847, Gulabi Bagh, Delhi working in the Delhi Administration as UDC drawing a salary of Rs. 6,300/ per month. These averments were mentioned in the affidavit given by the accused on the back side of bail bond Ex. PW1/A. I will dealt with the first argument of the accused that in this case FIR should not have been registered and this case should have been tried as complaint case in view of the complaint of the then Ld. MM. To this I perused Section 343(i) of Cr.PC which is reproduced as under:
"A Magistrate to whom a complaint is made under section 340 or section 341 shall, notwithstanding anything contained in Chapter XV, proceed, as far as may be, to deal with the case as if it were instituted on a police report".
Therefore, from the provision it is clear that trial of the complaint u/s 195 Cr.PC filed by public servant or Court shall be conducted as if it were instituted on the police report. Ld. MM has filed complaint u/s 195 of Cr.PC State V/s Jugal Kishore Sharma (Convicted) Page 11 of 14 FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 Ex. PW1/B which was addressed to Ld. CMM for taking the cognizance on the complaint straightway. Ld. CMM deemed it appropriate to give directions to the police for registration of the FIR and conducting the investigation and file the report. Since, the trial of this case was to be conducted as if it instituted on the police report, the procedure mentioned in chapter XV is not applicable for the trial of complaint u/s 195 Cr.PC. So far as, the cognizance part is concern when the Ld. Predecessor of this Court took cognizance of offence, the complaint Ex. PW1/A was already on record. He took the cognizance on the complaint which is a pre condition to take cognizance as per section 195 of Cr.PC. So there is no illegality in the trial, hence arguments of accused that Ld. Predecessor of this Court have adopted wrong procedure is not tenable.
23. Now, I come to the evidence and the charge framed against the accused. Accused was charged for giving or fabricating evidence in a judicial proceeding. In the present case, accused filed affidavit on the bail bond Ex. PW1/A to release accused Prem Gawala @ Ravi in case FIR No. 537/2000 u/s 379/511 IPC, Police Station Kotwali and on the affidavit he has made the averment that he is the holder of ration card bearing No. 059220 and working in Delhi Administration as UDC and drawing a salary of Rs. 6,300/ per month. He has also mentioned his address as Quarter No. 847, Gulabi Bagh, Delhi on 09.12.2000. Now, the question is whether the averment made in the affidavit were false at the time of filing of affidavit in the concerned Court State V/s Jugal Kishore Sharma (Convicted) Page 12 of 14 FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 and whether the affidavit be termed as evidence intentionally giving false evidence in any stage of judicial proceedings. It is not disputed by the accused that he has filed the bail bond Ex. PW1/A in the Court for release of accused Prem Gawala @ Ravi in case FIR No. 537/00, Police Station Kotwali. Not only this GEQD report is also positive affirming that on the bond Ex. PW1/A, affidavit on the back of the bail bond accused has signed at point Q2 and Q3 as deponent and further deposed that as per his report signatures of questioned documents are the same as per specimen signatures provided to him. He has proved reason for his opinion as Ex. PW8/B. The only defence of the accused that his Icard Ex. P1 and ration card etc., are genuine and he was working in Delhi Administration as UDC but the testimony of PW4 Sh. Amit Aggarwal, JE, Civil, PWD deposed that on inquiry by ASI he had stated to him that Jugal Kishore Sharma used to stay at Quarter No. 847, Gulabi Bagh since 29.06.1988 to 15.05.2000 after verifying the record. In this regard he has also gave a detailed report to the IO which is Ex. PW4/A. Even PW5 deposed that house was alloted to her in August 2000. Therefore from the testimony report as well as the documents annexed with it, it is clear that accused was residing in the Quarter No. 847, Gulabi Bagh till 15.05.2000, however he has filed the bond duly shown on 09.12.2000 i.e. after a gap of about seven months. Accused has not given any explanation to this fact. On the bond, he has mentioned his address as a resident of Quarter No. 847, Gulabi Bagh, Delhi and has also deposed that he was working in Delhi Administration as UDC and drawing a salary of Rs. 6,300/ per month. All these facts were not State V/s Jugal Kishore Sharma (Convicted) Page 13 of 14 FIR NO. 132/2001: PS: Subzi Mandi ; U/s 193 IPC DOD: 28.09.2015 correct at the time of filing of bond. Neither the accused was residing at the address mentioned in the bond nor he was working as UDC and drawing a salary of Rs. 6,300/ per month.
24. Moreover, from the testimony of PW6 it is clear that Identity card No. 570 was issued to the accused when he was in the service. But he was removed from service vide order No. F2(15)/92/DC/Vigilance/224652 dated 27.06.1995 and proved his report as Ex. PW6/A. PW11 Sh. Naveen Malhotra also deposed on the similar lines.
25. From the testimony of all the witnesses this Court is of the considered view that accused has furnished a false affidavit in the Court with a view to induce the Court and seek favourable order. Hence, accused Jugal Kishore Sharma is convicted for the offence u/s 193(i) IPC. To be heard separately on the point of sentence.
Announced in the open court (Pooran Chand)
on 28.09.2015 Chief Metropolitan Magistrate:
Central District:Tis Hazari Courts
Delhi
State V/s Jugal Kishore Sharma (Convicted) Page 14 of 14