Delhi District Court
State vs . (1) Mohd. Salim S/O. Kesar Singh Negi on 26 March, 2012
1
IN THE COURT OF SH. SANJEEV KUMAR
ADDL. SESSIONS JUDGEI(OUTER): ROHINI COURTS: DELHI
SC No.60/07.
FIR No. 75/07.
PS NARELA.
U/s.186/341/353/333/34 IPC & 3 of the P.P. Act.
STATE VS. (1) Mohd. Salim S/o. Kesar Singh Negi
R/o. VillageJaspur, P.o.Jaspur, Paudi Garhwal,
Uttaranchal.
(2) Ramu S/o. Shri Munna Lal
R/o. E3017, J. J. Colony, Bawana, Delhi110039.
(3) Jakir Khan S/o. Nanhe Khan
R/o. E3030, J.J. Colony, Bawana, Delhi110039
Date of Institution in this Court :11.05.2007
Date of Arguments:26.03.2012
Date of Judgment :26.03.2012
JUDGMENT:
1. Brief facts of the case are that on receiving DD No.33A, dated 09.02.2007 regarding fire at Jhuggis of Bawana J.J. Colony, HC Anil STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 2 Kumar of PS Narela, reached there and found that there was huge fire in the jhuggis of EBlock and large number of public persons were gathered there. Fire Tankers No.DL!G0259 (WT 112) and DL1G8749 (WT94) reached at the spot and people, who were present there pelting stones on the fire tenders, due to which many officials of Fire Station Narela have received injuries and their fire tender vehicles were also damaged and on the basis of DD No.33A itself FIR was registered. During investigations, statement of fire staff namely Mehar Singh, Mange Ram, Ranbir Singh, Om Prakash and Subhash were recorded and on the identification of PW Mehar Singh, accused persons were arrested on 25.02.2007. After investigations, chargesheet was filed u/s. 186/353/333/34 IPC & 3 of the P.P. Act.
2. After compliance of the provisions of Section 207 Cr.P.C., ld. MM has committed the present case to the Court of Sessions, as offences 333 IPC is exclusively triable by the court of Sessions. Thereafter, it was STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 3 assigned to this court.
3. Vide order dated 22.10.2007, charge(s) have been framed by my Predecessor against all the accused persons u/s.186/353/333/341/34 IPC & u/s. 3 of the Prevention of Damage to Public Property Act read with Section 34 IPC to which they pleaded not guilty and claimed trial.
4. In order to prove the case, prosecution examined eight witnesses i.e. PW1 ASI Hem Chander, PW2 HC Anil Kumar, PW3 Subhash Chander, PW4 Mange Ram Hooda, PW5 HC Mehar Singh, PW6 Driver Randhir Singh, PW7 IO/SI Ramesh and PW8 Fireman Virender Singh.
5. I have heard the submissions on behalf of ld. Addl. PP for the State and on behalf of ld. Counsel and ld. Amicus Curiae for the accused persons and gone through the record.
6. PW1 ASI Hem Chander in his testimony has deposed that on 10.2.2007, he was posted at PS Narela and working as duty officer and he STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 4 has proved the recording of the FIR Ex.PW1/A and rukka Ex.PW1/B and copy of DD No.4B Ex.PW1/C. However, he was not cross examined.
PW2 HC Anil Kumar is the witness to the recording of DD No. 33A Ex.PW2/A and same was handed over to HC Virender for investigations. He was also not cross examined.
PW3 Fireman Subhash Chander deposed that on 09.02.2007, he was posted at Fire Station Bawana and at about 11.49 p.m. he received a call with regard to fire in jhuggis of J.J. Colony, Bawana near canal. He further deposed that he alongwith Incharge SO D.P. Katri, Hawaldar Om Prakash and driver Dinesh went to the place with Fire Tender (WT94). There many persons were gathered and they pelted stones and bricks upon them and due to which he alongwith Hawaldar Om Prakash had received injuries. He received injuries on his chest and became unconscious and ambulance took him to MB Hospital and two/there days after treatment he was discharged from the hospital. However, he deposed STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 5 that he can not identify those persons who pelted stones, therefore, he was declared hostile by the ld. Addl. PP for the State and he was extensively cross examined by the ld. Addl. PP for the State. Despite specifically pointed towards accused, he stated that he does not know the accused persons present in the court, as he has seen these persons first time in the court today.
PW4 Mange Ram Hooda Retd. Sub Officer of Delhi Fire Service had also deposed that on 09.02.2007 he was posted at Fire Station Narela and on that day at about 11.49 pm, received information from Fire Control Room Connaught Place that a fire took place in J.J. Colony, Bawana near canal and on this information he alongwith his staff and a Fire Tender (WT0122) and driver Randhir Singh went to the spot and reached there at about 12.05 am. He further deposed that when he reached at the spot suddenly, public persons who were gathered there started pelting the stones and obstructed them in discharging their duties STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 6 and due to stone pelting they received injuries. Thereafter some public persons somehow save them and took them to a safe place leaving behind their instrument and fire tender at the spot. Thereafter he deposed that they were shifted to MB Hospital and first aid was given to them. But he stated that he cannot identify the persons who obstructed him and pelted stoned on him, and thereafter he was declared hostile by the ld. Addl. PP for the State. He was extensively cross examined by the ld. Addl. PP for the State, but nothing fruitful has come on record, as he denied the suggestion that public persons, who thrown stones came near to him and he could identify one assailant. Thereafter, ld. Addl. PP for the State has pointed out towards the accused persons, but he stated that he cannot identify them, as he had seen them first time in the court, therefore, he cannot say accused persons are the same, who had thrown stones on them.
PW5 HC Mehar Singh deposed that on 09.02.2007 he was posted STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 7 at the Fire Station , Narela, Delhi and on that day he alongwith SO Mange Ram, Driver Randhir Singh and two other official fire man Anup and Surender went to the J.J. Colony, Bawana with their Fire Tender and instruments, after receiving information that a fire took took place ther eand reached there at about 12 a.m. (midnight). He further stated that after their reaching at the abovesaid place, public persons gathered there started pelting stones upon them and glasses of their vehicle was broken and their water fire tender was damaged due to said stone pelting and due to which they received injuries and public who were gathered there had obstructed them to extinguish the fire and not allowed to discharge their official duty. He further deposed that some public persons have saved them and first aid were given to them by a private medical practitioner and thereafter they were taken to the government hospital at Pooth Khurd and they were medically examined there. He further deposed that he found their Water Tender at their fire station in damaged condition. Thereafter he was STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 8 declared hostile by the ld. Addl. PP for the State. He was extensively cross examined by the ld. Addl. PP for the State, but nothing fruitful has come on record, as he denied the suggestion that public persons, who thrown stones came near to him and he could identify one assailant. Thereafter, ld. Addl. PP for the State has pointed out towards the accused persons, but he stated that he cannot identify them, as he had seen them first time in the court, therefore, he cannot say accused persons are the same, who had thrown stones on them.
PW6 Driver Randhir Singh deposed that on 09.02.2007, he was posted at Narela Fire Station and on that he received an information from Fire Control Room, Connaught Place, New Delhi that a fire took place in a jhuggi of J.J. Colony, Bawana, near canal and thereafter he alongwith SO Mange Ram and HC Mehar Singh alongwith Fire Tender No. WT122 reached at the spot at about 12.05 a.m. He further deposed that when they proceeded towards the spot i.e. fire scene area, suddenly stone STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 9 pelting started from the side of public persons, who were gathered there and they obstructed them in discharging of their official duties and due to stone pelting they received injuries. He further deposed that some public persons somehow saved them and took them to a safe place. He further deposed that their instruments and fire tender were left at the spot and they received injuries on his eyes from stones, which were pelted by the public persons and they had been given first aid by a private medical practitioner. He further deposed that in the meanwhile, police reached at the spot and took them to the Government Hospital at Pooth Khurd, Delhi and they were medically examined. He further deposed that he came to know that thereafter their vehiclse were damages and glasses were broken.
Thereafter he was declared hostile by the ld. Addl. PP for the State. He was extensively cross examined by the ld. Addl. PP for the State, but nothing fruitful has come on record, as he denied the suggestion that public STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 10 persons, who thrown stones came near to him and he could identify one assailant. Thereafter, ld. Addl. PP for the State has pointed out towards the accused persons, but he stated that he cannot identify them, as he had seen them first time in the court, therefore, he cannot say accused persons are the same, who had thrown stones on him.
PW7 IO/SI Ramesh Kumar has deposed in his testimony that on 09.02.2007 he was posted at PS Narela as ASI and was present in the PS, as he was on emergency duty from 8 pm to 8 am and received DD No.4b AT 12.11 A.M. He further deposed that he alongwith Ct. Ranbir went to the spot at EBlock, J.J. Colony, Bawana, where there was firing in jhuggis and large number of public persons were present there. There he met with HC Virender Kumar, Addl. SHO Ramkishan Yadav and other staff members and Two fire tankers namely WT122 and WT90 came from Narela and Bawana respectively. He further deposed that public persons started pelting stones on fire tenders. He further stated that he took a three old girl STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 11 namely Ruksana in burnt condition and sent the said girl to SRHC Hospital through Ct. Ranbir. He also had gone to the hospital and where doctor had declared that said girl was brought dead and dead body of said girl sent to mortuary through Ct. Ranbir. He further deposed that he returned back at the spot with MLC and death certificate of said girl Ruksana and came to know that due to stone pelting the wind screen and window pain of fire tender have been broken and fireman received injuries and Injured Fireman were taken to MB Hospital. He further deposed that SI Sunil Kumar Incharge PP Metro Vihar, Holambi Kalan also came to him at the spot and produced MLC of the Injured Firemen, he made endorsement on DD No.33A. He sent the message to call Crime Team and Photographer in the rukka Ex.PW7/A and thereafter ASI Sat Pal Incharge Crime Team and Photographer Ct. Ramesh Kumar came to the spot and on his instructions photographs were taken and Crime Team Report was prepared. He further deposed that he has prepared the site plan Ex.PW7/B and also had STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 12 conducted the inquiry u/s. 174 Cr.P.C. He further deposed that thereafter he went to Fire Station, Narela and recorded the statement of staff of fire station u/s. 161 Cr.P.C.
He further deposed that Ct. Virender Singh also came to Fire Station Narela and produce relevant documents and on had given instructions to SO to seize the fire tenders, but they refused to do so, as any emergent conditions may be appear and services of the fire tender will be needed. Thereafter, he went to Fire Station Bawana, there he met injured Subhash and Om Prakash and recorded statement u/s. 161 Cr.P.C. and returned back to PS Narela and recorded statement of witnesses. He further deposed that accused persons were apprehended and arrested vide Ex.PW5/A, B & C at the instance of Fireman Mehar Singh and thereafter their personal search were taken vide Ex.PW5/D, E and F thereafter, accused persons were medically examined at SRHC Hospital and returned back at the PS and lodged before the lock up and recorded STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 13 statement of LF Mehar Singh and Ct. Ranbir and they were produced before the court of Shri S.S. Rathi on 26.02.2007. He further deposed after conclusion of the investigation he prepared the chargesheet and prepared challan.
He was cross examined by the ld. Amicus Curiae for accused persons Jakir Khan and Ramu and by ld. Counsel for accused Mohd. Saleem.
PW8 Virender Singh has deposed that on 09.02.2007, he was posted at Fire Station, Nrela, Delhi and on the intervening night of 09/10.02.2007, he was on duty from 10pm to 2 am (night) as telephone operator and on that night at about 11.48 pm, a call was received from the Bhorgarh Fire Station that, fire took place in the jhuggis of J.J. Colony, Bawana, near Canal. He further received that on receiving the said information he sent a fire tanker (WT122) with its staff to the said place for extinguishing the fire and the incharge of the said vehicle was SO STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 14 Mange Ram Hooda, who left alongwith the crew members at about 11.49 pm to that place. He has proved the call detail register Ex.PW1/A, however, he was not cross examined by the defence.
7. Since, all the public witnesses/Injured persons have not identified the accused persons as assailants, on whose instance accused persons were apprehended, therefore, I am of the view that, identity of the accused persons as assailants not established, therefore, I held that prosecution has failed to prove that accused are the persons who pelted stones on fire tenders and caused injuries to PW3,PW4, PW5, PW6 and PW8 and caused damage to fire tender .
8. In view of the abovesaid facts and circumstances, all the three accused persons stand acquitted of the offence punishable u/s. 186/353/333/341/34 IPC and Section 3 of Prevention of Damage to Public Property Act r/w 34 IPC. Accused persons Ramu and Jakir Khan be release from judicial custody forthwith, if not required in any other case. STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT 15 Bail bond and surety bond of accused Mohd. Saleem stands cancelled and his surety is discharged. Documents, if any on record and if any articles of personal search of the accused persons are on record be released to them.
9. Ld. Substitute Addl. PP for the State submits that accused persons be directed to furnish the surety bond before their release as per section 437A Cr.P.C.
10. Considering this fact, all the accused persons are directed to furnish their personal bond(s) u/s. 437A Cr.P.C. in the sum of Rs.10,000/ each with one surety of like amount each each. File be consigned to record room.
Announced in the open court (Sanjeev Kumar)
On 26.03.2012 Addl. Sessions Judge
Rohini Courts: Delhi.
STATE VS MOHD. SALIM & OTHERS FIR NO.75/07//PS NARELA U/S. 186/353/333/34 IPC & 3 OF THE PP ACT