Delhi District Court
State vs . Param Singh on 21 May, 2014
State Vs. Param Singh
FIR No.347/09
PS Palam Village
IN THE COURT OF SH. PANKAJ SHARMA, METROPOLITAN
MAGISTRATE10, DWARKA COURTS, DELHI
Brief reasons for the judgment in the case with following particulars:
FIR No. 347/09
PS Palam Village
U/S : 379/411/201 IPC
State V/s Param Singh
C/No. 20/2
U.ID No. 02405R0088152012
Date of Institution: 24.07.2010
Name of the Complainant Manish Paliwal, s/o Sh.
Subhash Chander Paliwal
R/o 46, Gali Ghairboharan,
Firozabad, UP.
Name and address of accused Param Singh s/o Sh. Jawali
Singh
r/o RZB9, Jai Vihar,
Najafgarh, Delhi.
Charge framed against accused persons 411/201 IPC
Plea of accused Pleaded not guilty
Final Order Convicted.
Date of reserve for orders 15.05.2014
Date for announcing the orders 21.05.2014
The brief facts and pre trial procedure
1.Charge U/S 411/201 IPC was framed against the accused that on 28.10.2009 near NSIT bus stand that he was in possession of Engine no. DHGBPE 16336 pertaining to motor cycle no. UP 83M2315 and got recovered other parts of above motorcycle viz chasis, petrol, tank, FIR No. 347/09 Page No. 1 U.ID No. 02405R0088152012 State Vs. Param Singh FIR No.347/09 PS Palam Village wheel etc. from his auto repairing shop which was stolen property within the jurisdiction of PS Palam Village, and retained this engine dishonestly knowing that the same was stolen property and further accused got the engine of motorcycle bearing no. UP 83M2315 affixed in motorcycle no. DL8S20575 and also disintegrated other parts viz chasis, petrol, tank, wheel etc. and thus caused disappearance of evidence of commission of theft. Accused pleaded not guilty for the offences charged for and claimed trial.
Trial
2. To prove the charges, prosecution examined 8 witnesses. PE stood closed on 26.10.2013. Thereafter, matter was fixed for statement of accused Param Singh U/s 313 CrPC. was recorded in which accused pleaded his innocence. No defence evidence was led by accused.
3. PW1 Ct. Radhey Shyam deposed that on 28.10.2009 he was posted at Special Staff, South West where he got secret information from Insp Special Staff which was given by HC Govind and by the order of Insp. Special Staff, he alongwith HC Govind and secret informer went to the spot i.e. Sec11, Sport Complex. At about 5.25 pm at the pointing out of the secret informer, one boy came on black Pulsar motorcycle no. DL8SZ 0575 from Najafgarh side who was going towards Dwarka side was apprehended with the help of HC Govind. Accused failed to produce documents of motorcycle as asked by HC Govind and on inquiry he disclosed that about one month ago he had stolen motorcycle from Palam and had installed the engine of that motorcycle in his motorcycle and that the remaining part of the FIR No. 347/09 Page No. 2 U.ID No. 02405R0088152012 State Vs. Param Singh FIR No.347/09 PS Palam Village motorcycle was at his shop. Further, when he alongwith HC Govind went to auto repairing shop of accused situated at Jai Vihar Nala, Najafgarh, IO recovered chasis no. 77663 of pulsar motorcycle and other parts. PW1 Ct. Radhey Shyam also recorded disclosure statement of accused Ex. PW1/A . He further stated that IO took possession of motorcycle bearing no. DL8SZ 0575 vide memo Ex. PW1/B and motorcycle parts of chasis no. MD2 DH DHZZPCE77663 vide memo Ex. PW1/C and IO also arrested the accused and conducted personal search.
4. PW2 ASI Jagdish Singh deposed that he was posted as DO at PS Palam Village from 4 pm to 12 am. He received rukka from HC Ranvir Singh and on the basis of it, he recorded the present FIR u/s 347/09 IPC which is Ex. PW2/A. He made endorsement on the rukka Ex. PW2/B and handed over the copy of FIR and original rukka to HC Jagdish to be handed over to IO/HC Ranvir for further transmission. In his cross examination by counsel for accused PW2 ASI Jagdish Singh has submitted that he received rukka at 9 pm and he registered the FIR as unnamed.
5. PW3 HC Jagdish deposed that on 26.10.2009 he was posted at PS Palam Village and he received rukka and copy of FIR from DO at about 9.009.30 pm from PW2 ASI Jagdish Singh and he handed over the same to IO/HC Ranvir Singh at the spot i.e. RZF 771/7, Gali no. 12, Raj Nagar, Palam Colony, New Delhi and IO recorded his statement at the spot.
6. PW4 Manish Paliwal deposed that on 15.09.2009 he was FIR No. 347/09 Page No. 3 U.ID No. 02405R0088152012 State Vs. Param Singh FIR No.347/09 PS Palam Village residing in RZF 771/7, Gali no. 12, Raj Nagar, Part2, Palam Colony, New Delhi in a rented house and at about 10.30 pm he parked his motorcycle bearing registration no. UP 83M 2315 in front of his house and on 16.09.2009 at about 10 am he found his motorcycle missing. He searched for his motorcycle but did not succeed and hence on 26.10.2009 he made a written complaint regarding theft of his vehicle to PS Palam Village which is Ex.PW4/A. In the month of October, 2009 he received information from PS regarding recovery of his motorcycle which was in his father's name and GPA was executed in his name which is Ex. P1. He also stated that he had got released the engine of the vehicle on superdari and the superdarinama is Ex. PW4/B.
7. PW5 HC Govind Singh deposed that on 28.10.2009 he was posted at Special Staff, South West and on that day he received an information from special informer that a person named Param Singh would come to Dwarka at about 56 pm and if raid is conducted, accused be arrested. Thereafter, Insp. Ranjeet Singh prepared a raiding party consisting of him, HC Ramvir, Ct. Radhey Shyam and Ct. Jafar Khan and they proceeded to spot i.e. Sec11, Sport Complex. They reached at NSIT, Sec16 at about 5.10 pm and barricaded and started checking vehicles and at about 5.25 pm, a motorcycle bearing no. DL8SZ 0575 coming from Kakrola Dwarka Mor was apprehended with its driver Param Singh. Accused Param Singh failed to produce the documents of the motorcycle and on checking of the vehicle, the engine number of the vehicle was found scratched. He further deposed that he interrogated the accused who revealed that the motorcycle was stolen from Raj Nagar, Palam about FIR No. 347/09 Page No. 4 U.ID No. 02405R0088152012 State Vs. Param Singh FIR No.347/09 PS Palam Village one and a half months ago and the engine of the stolen motorcycle was planted in the motorcycle he was riding i.e. DL8SZ 0575 and the other parts of the motorcycle are in his shop at Usha Auto, Jai Vihar. He further stated that he recorded the disclosure statement of accused which is already Ex. PW1/A and he seized motorcycle and parts of the motor cycle vide seizure memo already Ex. PW1/B, Ex.PW1/C. He also recovered another motorcycle from the house of accused and prepared Kalandra u/s 41(1)(D) Cr.PC. which is Ex. PW5/A. He arrested accused and the chasis number was verified from Automax and found that the original no. of the vehicle was UP83M 2315 which was stolen from Palam Village. He deposited case property with Malkhana, PS Dwarka North and sent information to PS Palam Village regarding recovery of case property which is already Ex. P2. In his cross examination, PW5 stated that he made DD entry no. 7 at about 4.40 pm prior to departure at the spot and he reached the spot at about 5.10 pm. He also stated that accused was apprehended at about 5.25 pm.
8. PW6 Ranbir Singh has deposed that on 26.10.2009 he was posted at PS Palam Village and on that day complainant Manish Paliwal came to PS and gave a written complaint regarding theft of motorcycle bearing registration no. UP83M 2315. He further stated that as the present case was marked to him for investigation, he prepared tehrir on the basis of statement of complainant and made endorsement on tehrir which is Ex. PW6/A. He also prepared site plan on the instance of the complainant which is Ex. PW6/B and during his investigation he brought the case property form malkhana to PS Dwarka North. He also stated that FIR No. 347/09 Page No. 5 U.ID No. 02405R0088152012 State Vs. Param Singh FIR No.347/09 PS Palam Village parts of motorcycle bearing no. UP 83M 2315 and motorcycle bearing no. DL 8SZ 0575 Bajaj Pulsar in which engine of the motorcycle bearing no. UP 83M 2315 was fitted were brought from malkhana of PS Dwarka North vide RC No. 6/21 which is mark A. He further stated that section 201 IPC was added against the accused Param Singh and the engine fitted in the motorcycle no. DL 8SZ 0575 Bajaj Pulsar was sent to physical examination to FSL Rohini vide RC No. 85/21 which is Mark Y. He further prepared challan and filed it in the Hon'ble court. In his cross examination he stated that he did not verify the chasis number of the motorcycle no. DL 8SZ 0575 Bajaj Pulsar.
9. PW7 Jai Prakash deposed that he was working as MHC(M) at PS Dwarka North since January, 2013. He had also brought summoned register no. 9 and 21. He further deposed that as per register no. 19 vide entry no. 45 HC Govind on 28.10.2009 deposited in malkhana, the case property i.e motorcycle bearing no. DL 8SZ 0575 fitted with stolen engine alongwith key and parts of motorcycle and same is Ex. PW7/A (OSR) and on 18.11.2009 vide RC No. 6/21/09 the motorcycle bearing no. DL 8SZ 0575 and parts of motorcycle were transferred by HC Ranbir from malkhana of PS Dwarka North to malkhana of PS Palam Village. In his cross examination he stated that HC Bijender was MHC(M) when the case property was deposited in malkhana of PS Dwarka North.
10. PW8 SI Ved Prakash has deposed that on 29.10.2009 he was posted at PS Palam Village as HC and on that day HC Govind from Special FIR No. 347/09 Page No. 6 U.ID No. 02405R0088152012 State Vs. Param Singh FIR No.347/09 PS Palam Village Staff gave information at PS Palam Village regarding arrest of accused Param Singh and disclosure of offence of the present case and recovery of motorcycle parts and this information was entered at PS vide DD no. 24B which is Ex. PW8/A which was marked to him for further investigation. He further deposed that he collected photocopies of kalandra u/s 41.1 D Cr.PC. and other relevant documents from HC Govind. He interrogated accused Param Singh and recorded his disclosure statement Ex. PW8/B and thereafter, he arrested him vide arrest memo Ex. PW8/C and conducted his personal search which is Ex. PW8/D. He also recorded statement of officials of Special staff who had arrested the accused and recovered the case property and thereafter, he handed over the case file to the MHC(R). In his cross examination, PW8 stated that the information from Special Staff was received at PS Palam Village at around 10 am.
11. Arguments heard and record perused carefully. After completion of prosecution evidence all the incriminating evidence which surfaced against accused during trial was put to him one by one to afford him opportunity to clarify about the said evidence. Accused replied before the court most of the questions which were asked that he does not know about them, he pleaded his innocence and chose not to lead any defence evidence and on his submission DE was closed. Thereafter, matter was fixed for final arguments. Final arguments heard from both the sides. Record perused carefully.
12. Perusal of the record shows that PW4 who was complainant in FIR No. 347/09 Page No. 7 U.ID No. 02405R0088152012 State Vs. Param Singh FIR No.347/09 PS Palam Village this case proved his complaint Ex. PW4/A for his stolen motorcycle that got stolen on the night of 15.09.2009. He proved superdarinama which is Ex. PW4/B. PW1 and PW5 were recovery witnesses and both were from Special Staff, South West, Delhi Police. On 28.10.2009 HC Govind Singh received secret information and then a barricade was put in front of NSIT, Sec16. Thereafter, at 5.25 pm one boy on black Pulsar motorcycle no. DL8SZ 0575 was overpowered by PW1 and PW5 at the pointing out of secret informer. The motorcyclist cannot produce the documents of the motorcycle and thereafter, he made a disclosure that he stole the motorcycle from Palam and installed the engine of that motorcycle in his motorcycle and remaining part of the motorcycle is at his shop. Thereafter, at his instance from his shop IO recovered chasis no. 77663 of Pulsar motorcycle. Thereafter, motorcycle parts of chasis no. MD2 DH DHZZPCE77663 were seized by memo Ex. PW1/C. The case property was duly identified by PW4. PW5 has also stated that on 28.10.2009 a raiding party was constituted and after reaching NSIT at the instance of secret informer, accused was arrested and failed to produce the documents of vehicle. Disclosure statement of accused was recorded in his presence and at his instance one motorcycle was recovered from the house of accused and then Kalandra u/s 41.1(D) Cr.PC. Nothing favourable could be elicited from cross examination of PW1 and PW2. HC Ranbir Singh who is PW6 is IO of the case to prove tehrir which he wrote on the basis of statement of complainant Ex. PW6/A. He also proved site plan which is prepared at the instance of complainant Ex. PW6/B. He further stated that Section 201 was also added in the FIR as engine number of vehicle FIR No. 347/09 Page No. 8 U.ID No. 02405R0088152012 State Vs. Param Singh FIR No.347/09 PS Palam Village was erased by the accused. HC Jai Prakash proved entry no. 45 in FIR, arrest memo, personal search memo. Entry at register no. 19 have been duly proved by the witnesses. No satisfactory reply has been given by the accused about the recovery of said parts of the motor cycle from his shop at his instance. Recovery is stated to be proved. Despite opportunity given to the accused to offer the explanation, the accused could not produce a single shred of evidence in support of his claim of innocence. Prosecution witnesses have been firm unshakeable. Their testimony appears to be trustworthy and accordingly, accused is convicted for offence u/s 411 IPC and with respect to fact that accused erased engine number of motorcycle which was stolen from PS Palam Village of PW4 and got it affixed in motorcycle bearing no. DL8S20575 to escape from being noticed is also convicted for offence u/s 201 IPC.
13. With respect to contentions with Ld. Counsel for the accused that the case property is planted by the police as no evidence has been brought by Ld. Counsel for the same. With respect to the contentions of Ld. Counsel for accused that no public witness was brought by prosecution to prove the case against accused to this, it is observed that it is common phenomenon that public person do not want to become witness as he has to witness legal proceedings and wants to avoid future problems as such. The case of the prosecution is otherwise trustworthy and mere plea of non joining of public witness does not take away the prosecution case in entirety. Record shows that PW1 and PW5 have requested the public witnesses to become witness but none have obliged FIR No. 347/09 Page No. 9 U.ID No. 02405R0088152012 State Vs. Param Singh FIR No.347/09 PS Palam Village them. With respect to the contention of false implication, it is observed that accused has not shown any ill will, spite against the police officials during the trial despite opportunity given to him for proving his innocence.
Conclusion
14. From the aforesaid facts, this court is of the considered view that prosecution has proved its case against accused Param Singh and accordingly, he is convicted for offence u/s 411/201 IPC.
Announced in the Open Court (PANKAJ SHARMA)
today on the day of 21.05. 2014 MM01: Dwarka : Delhi
FIR No. 347/09 Page No. 10
U.ID No. 02405R0088152012