Delhi District Court
State vs . Gurmender Singh @ Lamboo on 19 May, 2012
IN THE COURT OF SH. YOGESH KHANNA,
ADDITIONAL SESSIONS JUDGE - 02 (SOUTH) :
SAKET COURTS : NEW DELHI
Unique ID No. 02402R0023992011
Session Case No. 46/2011
FIR No. 15 / 09
P.S. Saket, New Delhi.
State Vs. Gurmender Singh @ Lamboo
U/s 376 IPC
State
(Govt. of NCT of Delhi)
.......................... Complainant.
Versus
1. Gurmender Singh @ Lamboo
S/o Shri Sukhdev Singh
R/o House No. 203, Gali No. 3,
Gopal Nagar, Amritsar,
Punjab.
2. Ravi Kumar @ Nona
S/o Shri Prem Kumar
R/o Patti Road Gaon Hare Ki Pattan,
District Taran Taaran,
Punjab.
.......................Accused persons.
Date of Institution : 17-8-2011
Arguments concluded on : 19-5-2012
Date of Decision: 19-5-2012.
Session Case No. 46/2011
FIR No. 15/2009
P.S. Saket, New Delhi.
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JUDGMENT
1. The brief facts of the case are that on 11-1-2009 one Om Prakash S/o Bel Bahadur Khatri R/o F-11, Pushpanjali Farm House, Bijwasan, New Delhi, lodged the following police report stating interalia that :
"I am residing at the above mentioned address and is a driver by profession. On 10-10-2009 at about 12 mid night I had taken the daughter of my employer in a car bearing no.
DL 3 CAY 6016 to Select City Mall, Saket New Delhi. The daughter of my employer had gone inside the mall. I had parked my car in the parking area and kept on waiting for her. At about 12:20 AM one boy came from the left side of the rear door and sat on the rear seat. When I asked as to why he entered the car he placed the knife on my chest and also tried to throttle my neck. I caught hold of the knife but the said boy snatched the Session Case No. 46/2011 FIR No. 15/2009 P.S. Saket, New Delhi.
State Vs. Gurmender Singh @ Lamboo and others Page No. 2 of 7 /home1/reader1/Court No. 302/2012/May, 2012/Judmay,12/ knife, because of which I sustained injury on my hand. The said boy pushed me to the rear seat of the car and his associate also sat on the driver's seat and started the car. The boy who had shown the knife, threatened me to sit silently in the car, lest I would be stabbed. I sat on the rear seat of the car and the boy drove the car from Chirag Delhi, IIT Gate, Domestic Airport, Janakpuri, towards G.T Karnail Road and reached Balgarh Chowk, Sonipat.
After more than ½ km, at an isolated place, he stopped the car and asked me to get down. I alighted from the car and returned to Balgarh Chowk, where I found a PCR Van. I narrated the incident to them and they took me to a civil hospital from where I informed my employer. I can identify the person who had committed robbery upon me."
2. On the basis of this statement the case FIR No. Session Case No. 46/2011 FIR No. 15/2009 P.S. Saket, New Delhi.
State Vs. Gurmender Singh @ Lamboo and others Page No. 3 of 7 /home1/reader1/Court No. 302/2012/May, 2012/Judmay,12/ 15/2009 under section 327/379/34 IPC was registered at P.S Saket, New Delhi. Investigation thereafter started. During the investigation, the accused person were arrested at Chandigarh, Punjab, with the Audi car which they had allegedly snatched in the incident and for which case FIR No. 130/09 under section 411/34 IPC was registered at P.S Sector-31, Chandigarh. The said case is tried there. Accused person are thus facing trial for the offence under section 411 IPC for the recovery of the stolen car at P.S Sector -31, Chandigarh. Here the accused persons are facing trial for the offence under section 397/379/34 IPC.
3. After completion of investigation, the charge sheet was filed. The case was committed to this court, being a Session's triable case. The charge under section 392/34 IPC and under section 397/34 IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial.
Session Case No. 46/2011 FIR No. 15/2009 P.S. Saket, New Delhi.
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4. Prosecution had examined PW1 HC Rameshwar, who had registered the FIR and proved it as Ex.PW1/A. Today PW2 Shri Om Prakash, the complainant had appeared and he narrated the entire incident in the manner he stated in his complaint Ex.PW2/A. However, he submitted that he can not identify those alleged robbers, due to lapse of time. He was allowed to be cross examined by the Ld. Additional P.P for the State, since he turned hostile qua the identification of accused person. The Ld. Additional PP for the State pointed out towards accused Gurwinder Singh @ Lambu and accused Ravi Kumar @ Nonu, present in the court and suggested the witness as if both were the same person who had snatched his Audi Car as well as brief case containing Rs.2500/- or had caused injuries to him with a knife, but the witness denied this suggestion. Though, it is admitted that on 16-7-2009 PW2 had gone to Tihar Jail for TIP of the accused person but accused refused to participate in TIP Session Case No. 46/2011 FIR No. 15/2009 P.S. Saket, New Delhi.
State Vs. Gurmender Singh @ Lamboo and others Page No. 5 of 7 /home1/reader1/Court No. 302/2012/May, 2012/Judmay,12/ proceedings. PW2 denied that he is unable to identify the accused person as he is won over by them or he is doing so deliberately and knowingly.
The cash of Rs.2500/- or the brief case, has not been recovered from any of the accused person.
Since, the present case relates only to the incident of robbery and since charge under section 392/34 IPC and 397 IPC was only framed against both the accused persons for the incident they had committed against PW2, so since PW2 Om Prakash could not identify any of the accused person hence it would be a futile exercise to examine other formal police witnesses. Thus, the request of the Ld. Additional P.P for examining further prosecution witnesses stands declined and I closed the prosecution evidence.
Since, no incriminating evidence has emerged against the accused, so the recording of their statements under section 313 Cr.P.C also was dispensed with.
In the circumstances, the accused deserves to be Session Case No. 46/2011 FIR No. 15/2009 P.S. Saket, New Delhi.
State Vs. Gurmender Singh @ Lamboo and others Page No. 6 of 7 /home1/reader1/Court No. 302/2012/May, 2012/Judmay,12/ acquitted for the offences they were charged with. Hence acquitted. Their bail bonds are cancelled ; sureties discharged. Compliance of section 437-A Cr.P.C be made. File be consigned to record room. Announced in the open court today i.e. 19-5-2012. ( Yogesh Khanna ) ASJ-02 (South) / Saket Courts New Delhi.
Session Case No. 46/2011 FIR No. 15/2009 P.S. Saket, New Delhi.
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