Delhi District Court
State vs Satpal Etc on 10 January, 2024
DLNT020002152004
IN THE COURT OF METROPOLITAN MAGISTRATE-05,
DISTRICT- NORTH, ROHINI COURTS, DELHI
Presided by: SH. SAURABH GOYAL, DJS
State Vs. Satpal and ors.
FIR No. 243/2004
PS Alipur
U/s. 25/28/29/35 Arms Act and 482 IPC
JUDGMENT
1) Case ID : 5288530-2016
2) The date of commission of offence : : 05.07.2004
3) The name of the complainant : SI Harbir Singh
4) The name & parentage of accused : Omveer S/o Sh. Jai
Singh (2) Rajesh S/o
Sh. Amar Singh (3)
Jai Ashish S/o Sh.
Niranjan Singh (4)
Raj Singh @ Baniya
S/o Sh. Umesh Singh
5) Offence involved : 25/28/29/35 Arms
Act and 482 IPC
6) Ld. APP for State : Dr. Deepak Saini
7) The plea of accused persons : Pleaded not guilty
8) Final order : Convicted
9) Judgment reserved on : 20.11.2023
10) Judgment announced on : 10.01.2024.
Digitally signed
by SAURABH
SAURABH GOYAL
State Vs. Satpal and ors. FIR no. 243/2004 36 of 36
GOYAL Date:
2024.01.12
17:49:31 +0530
BRIEF STATEMENT OF REASONS FOR DECISION:
1. Succinctly stated, the allegations of the prosecution are that on 05.07.2004, at about 4: 30 pm at GTK Road, opposite Shani Mandir, PS Alipur, Delhi within the jurisdiction of PS Alipur (crime Branch) Delhi accused Satpal, Raj Singh, Jai Ashish and Rajesh were going in Indigo car bearing fake no. DL 1TM 6262. Upon apprehension by the police team, accused Satpal was found in possession of one rifle with four live cartridges which was in contravention of the provisions of Section 3 of Arms Act, 1959. Accused Rajesh was found in possession of one country made katta and one live cartridge. Accused Raj Singh was found in possession of one pistol alongwith five live cartridges and thereby accused Satpal alongwith accused Raj Singh and Rajesh committed an offense punishable under Section 25 of Arms Act, 1959.
2. Further, on the above said date, time and place accused persons were found in possession of afore-mentioned arms and ammunition and they attempted to make any use what so ever of a fire arm with intent to resist or prevent the lawful arrest and his detention and thus thereby accused committed an offense u/s 28 Arms Act. Further, on the above said date time and place accused Satpal, Jai Ashish, Rajesh and Raj Singh were found in possession of arms and ammunition in the above said TATA Indigo car which was in joint possession of accused and his accomplices having reason to believe that accused aware of the State Vs. Satpal and ors. FIR no. 243/2004 36 of 36 Digitally signed by SAURABH SAURABH GOYAL GOYAL Date:
2024.01.12 17:49:39 +0530 existence of arms and ammunition in the vehicle found in his possession and thereby violated the provisions of Section 35 of Arms Act. Further, accused Satpal was directed to appear before this court but despite the direction accused did not appear before this court and on 03.08.2012, accused Satpal was declared PO and thereby committed an offense u/s 174 A IPC. However, it is pertinent to mention here that the accused Satpal S/o Sh. Dayanand died during the trial of the case and the proceedings against him were abated on 07.05.2022.
3. Further it is the case of the prosecution that on the day of the incident accused Satpal, Raj Singh, Rajesh and Jai Ashish were found riding indigo car bearing fake no. DL 1TM 6262 and accused Satpal and accused Raj Singh were found in possession of arms and ammunition seized by seizure memo Mark A and C in contravention of the provisions the Arms Act, 1959 and accused Omveer being the license holder of the aforesaid arms and ammunition delivered the aforesaid arms and ammunition into the possession of another persons that is to accused Satpal and Raj Singh without previously ascertaining that aforesaid accused persons are entitled by law and thereby accused Omveer committed an offense u/s 29 of the Arms Act, 1959. Further, it is alleged that accused Jai Singh was riding fake number plate and thus committed an offense u/s 482 of IPC.
4. Investigation was conducted into the allegations. Upon completion thereof, charge sheet was filed. The accused persons were summoned. Compliance of section 207 Cr.P.C was done by providing copy of the charge sheet and annexed documents to the accused persons.
State Vs. Satpal and ors. FIR no. 243/2004 36 of 36 Digitally signed by SAURABH SAURABH GOYAL GOYAL Date:
2024.01.12 17:49:46 +0530
5. Upon finding a prima facie case against the accused persons, formal charges for the offence punishable under section 25/28/35 of Arms Act were framed against accused Rajesh and Raj Singh. Charges for the offense u/s 482 IPC and 25/35 Arms Act was framed against accused Jai Ashish. Accused Ombir was charged with offense u/s 29 of the Arms Act. Further, accused Satpal was charged for the offences u/s 25/28 of Arms Act and 174 A IPC. Accused persons pleaded not guilty and claimed trial.
6. In order to substantiate the allegations, nine witnesses were examined on behalf of the prosecution.
7. PW-1 SI Ranbir Singh has deposed that on 05.07.04, he was posted at ISC, Crime Branch, Chankaya Puri as ASI. On that day, SI Harbir Singh received an information by a telephonic message at office i.e. ISC, Crime Branch, Chankaya Puri that 4-5 members/criminals of Krishan Pehlwan Gang would come in a light green metallic colour car no.DL-ITM-6262 from Singhu Border towards Delhi in the evening and they were having weapons in their possession and they were planning to commit crime in Delhi. The said information was shared with ACP concerned by SI Harbir Singh. Thereafter SI Harbir Singh constituted a raiding party consisting of SI Ramesh Dabas, ASI Dharambir, ASI Pramod, HC Ramesh Bagga, HC Suresh, Ct. Dharambir, Ct. Amit and Ct. Gurudev. They were in government vehicle no. DL-ICH-9897 alongwith driver ASI Rajender Singh and in another vehicle no. DL-6CJ- 0516 in which HC Rakesh, Inspector Subhash Tandon, SI Satpal, HC Digitally signed by SAURABH SAURABH GOYAL State Vs. Satpal and ors. FIR no. 243/2004 Date:
GOYAL 2024.01.12 17:49:53 36 of 36 +0530 Satender, Ct. Shiv Bir, Ct. Ravinder, Ct. Preet, Ct. Narender and PW-1.
After making entry at DD no. 20 at about 02:00 pm they left the abovesaid office and reached Mukarba Chowk at about 03:00 pm where SI Harbir requested 4-5 passerby to join investigation but none of them agreed and went away without disclosing their names and addresses. At about 03:30 pm, when they reached at G. T. Karnal Road in front of Shani Temple, Inspector Subhash Tandon with the team was deployed on the opposite road of Shani Temple which was coming from Singhu Border to Delhi and another team in which SI Harbir Singh was with the team was sent to the side of Singhu Border and they were instructed to follow the Indico car no. DL-ITM-6262. At about 05:30 pm, on the way from Singhu Border towards Delhi on which their Qualis was standing/parked, the said Indica car crossed, it was overtook by the vehicle of SI Harbir Singh and the said Indica car was stopped and thereafter police party reached near the abovesaid Indica car. The person who was sitting beside the driver's seat, whose name later on revealed Raj Singh was being tried by SI Ramesh Dabas to apprehend the said accused Raj Singh. Accused Raj Singh tried to load his pistol. He was apprehended by SI Ramesh Dabas and he snatched away his pistol and the accused was pulled out from the said car with the help of Ct. Narender. On the rear seat on the left side, he tried to apprehend the accused whose name was later on revealed as Rajesh and he pointed out a katta towards him. Thereafter, he alongwith HC Suresh apprehended him and pulled out of the said Indica car. SI Harbir Singh tried to apprehend the accused who was sitting on the right side of the rear seat of Indica car and having a rifle in his hand whose name was later on revealed as Satpal Singh (declared proclaimed offender and subsequntly State Vs. Satpal and ors. FIR no. 243/2004 36 of 36 Digitally signed by SAURABH SAURABH GOYAL GOYAL Date:
2024.01.12 17:50:01 +0530 proceedings were abated vod 07.05.2022) pointed his rifle towards SI Harbir Singh who was pulled out from the car by SI Harbir Singh with the help of HC Ramesh Bagga. The driver of the said car whose name was later on revealed as Jai Ashish was apprehended by Ct. Dharambir and Ct. Shivbir. At that time the information of their apprehension was given to duty officer, ISC Chanakaya Puri, Delhi by Inspector Subhash Chander. From there Sl Ramesh Sharma was sent to the spot. Thereafter, SI Harbir checked the rifle. On checking, the rifle was found loaded with four live cartridges and thereafter he prepared the sketch of the recovered rifle and cartridges which is Ex. PWI/A. The total length of body of the said rifle was 53 cm and length of butt was 25 cm and Length of barrel was 72 cm. FSL form was filled at the spot and IO prepared the pullanda of the said recovered rifle and cartridges and it was seized by seizure memo Ex. PW/B. Thereafter, SI Ramesh Dabas handed over the weapon snatched away from accused Raj Singh to SI Harbir Singh. Thereafter, SI Harbir Singh checked the said pistol. On checking, it was found containing five live cartridges. IO prepared the sketch of the said pistol and cartridges which is Ex. PWI/C. The length of barrel of pistol was 15.5 cm, total length of butt and body was 9 cm. Thereafter, IO prepared pullanda with the help of cloth and FSL form was also filled up at the spot and it was taken into police possession vide seizure memo Ex.
PW1/D. He also handed over the snatched katta from accused Rajesh to SI Harbir Singh. On checking it was found containing one live cartridge. IO prepared the sketch of the said katta and cartridge which is Ex.PW1/E. The total length of barrel was found 29.5 cm and length of body was 11 cm and length of butt was 8.5 cm. Thereafter, IO prepared pullanda with the help of cloth and FSL form was also filled up at the Digitally State Vs. Satpal and ors. FIR no. 243/2004 signed by SAURABH 36 of 36 SAURABH GOYAL GOYAL Date:
2024.01.12 17:50:07 +0530 spot and it was taken into police possession vide seizure memo Ex. PW1/F. The said case properties were sealed with the seal of HS. Seal after use was handed over to SI Ramesh Dabas. Thereafter, the Indica car no. DL-ITM-6262 alongwith the key was seized vide seizure memo Ex. PW1/G. Thereafter, Sl Harbir Singh prepared a rukka. Rukka was handed over to Ct. Dharambir for getting the case registered at PS Alipur at about 08:00 pm. In the meantime, SI Ramesh Sharma reached at the spot alongwith Inspector Pankaj Sood. SI Harbir Singh prepared all the documents alongwith the custody of accused persons. SI Ramesh Sharma prepared the site plan at the instance of SI Harbir Singh. Ct. Dharambir reached at the spot alongwith the copy of FIR and original rukka and handed over the same to Sl Ramesh Sharma to whom further investigation of the case was assigned. SI Ramesh Sharma arrested the accused persons namely Satpal, Jai Ashish, Rajesh and Raj Singh and personally searched vide arrest memos and personal search memos vide Ex. PWI/H1 to Ex. PW1/H8. Thereafter, all the team members alongwith the case property and accused persons reached at PS Alipur where the case property was deposited in the malkhana of PS Alipur. Thereafter, all team members alongwith accused persons reached at ISC office, Chankaya Puri, Delhi where the disclosure statements of accused persons were recorded by SI Ramesh Sharma and the same are Ex. PW1/X1 to PW1/X4. Thereafter, SI Ramesh Sharma recorded his statement. PW-1 correctly identified the case property which is Ex. PI, Ex. P-2 and Ex. P3.
8. PW-2 retired SI Dharampal Singh has deposed that on 05.07.2004, he was posted at police station Alipur (Crime Branch) as ASI and State Vs. Satpal and ors. FIR no. 243/2004 36 of 36 Digitally signed by SAURABH GOYAL SAURABH Date:
GOYAL 2024.01.12
17:50:14
+0530
working as duty officer. On that day his duty hours were from 4:00 PM to 12:00 midnight. On that day Ct. Dharambir brought the rukka sent by SI Harbir Singh upon which he registered the present FIR. Copy of same is Ex. PW2/A (OSR). He made an endorsement on the rukka and same is Ex. PW2/B. After registration of the case original rukka and copy of FIR was handed over to Ct. Dharambir for handing over the same to SI Harbir Singh.
9. PW -3 SI Harbir Singh has deposed that on 05.07.2004, he was posted at ISC, Crime Branch, Chankaya Puri as SI. On that day. He received an information by a telephonic message at office i.e. ISC, Crime Branch, Chankaya Puri that 4-5 members/criminals of Krishan Pehlwan Gang would come in a light green metallic colour car no. DL-ITM-6262 from Singhu Border towards Delhi in the evening and they were having weapons in their possession and they were planning to commit crime in Delhi. The said information was shared with ACP concerned by him. Thereafter, he constituted a raiding party consisting of himself, SI Ramesh Dabas, ASI Dharambir, ASI Pramod, HC Ramesh Bagga, HC Suresh, Ct. Dharambir, Ct. Amit and Ct. Gurudev. They were in government vehicle no. DL-ICH-9897 alongwith driver ASI Rajender Singh and in another vehicle no. DL-6CJ-0516 in which HC Rakesh, Inspector Subhash Tandon, SI Satpal, HC Satender, Ct. Shiv Bir, Ct. Ravinder, Ct. Preet, Ct. Narender and ASI Ranbir Singh. After making entry at DD no.20 at about 02:00 pm they left the abovesaid office and reached Mukarba Chowk at about 03:00 pm where he requested 4-5 passerby to join investigation but none of them was obliged and went away without disclosing their names and addresses. At about 03:30 pm Digitally signed by SAURABH State Vs. Satpal and ors. FIR no. 243/2004 SAURABH GOYAL GOYAL Date:
36 of 36 2024.01.12 17:50:22 +0530 they reached at G. T. Karnal Road in front of Shani Temple where at the instance of Inspector Subhash Tandon the vehicle in which Inspector Subhash Tandon with the team was deployed on the opposite road of Shani Temple which was coming from Singhu Border to Delhi and another team in which he alongwith the team was sent to the side of Singhu Border and they were instructed to follow the Indigo car no. DL-
ITM-6262. At about 4:45 pm, they parked their official vehicle on the side of the road at a distance of about 500 meters from Singhu Border towards Delhi. He came out of the vehicle and started seeing the vehicles coming towards Delhi while other members of the team were still sitting in the car. He asked 4-5 public persons to join the investigation but none agreed. At about 5:15 pm, he saw one Indigo car coming towards Delhi without front number plate. When the abovesaid Indigo car passed, he "what there was one number plate on back side of it with registration number DL-ITM-6262. He gave the information to Inspector Tandon who had taken position near shani mandir that the abovesaid Indigo car is coming towards them and he was following the same in official vehicle. At about 05:30 pm, they reached near shani mandir, he overtook the abovesaid Indigo car and he stopped his car in front of abovesaid Indigo car. The Indigo car was stopped. The other police party led by Inspector Subhash Tandon was also present at the spot. The person who was sitting beside the driver's seat disclosed his name as Raj Singh while driver disclosed his name as Jai Ashish. Accused Satpal and Rajesh were sitting on the back side of the car. PW-3 correctly identified the persons namely Raj Singh, Jai Ashish and Rajesh. SI Ramesh Dabas apprehended Raj Singh who was trying to load his pistol and his pistol was snatched. He was pulled out of the said car with the help of Ct.
Digitally signed State Vs. Satpal and ors. FIR no. 243/2004 by SAURABH SAURABH GOYAL 36 of 36 GOYAL Date: 2024.01.12 17:50:27 +0530
Narender. On the rear seat on the left side ASI Ranbir Singh tried to apprehend the accused whose name was later on revealed to them Rajesh. He also pointed out a katta towards him. Thereafter, ASI Ranbir alongwith HC Suresh apprehended him and pulled him out of the said Indigo car. He tried to apprehend the accused who was sitting on the right side of the rear seat of Indigo car and having a rifle in his hand whose name was later on revealed to them Satpal Singh. He pointed his rifle towards him but he was pulled out from the car by him with the help of HC Ramesh Bagga. The driver of the said car whose name was later on revealed to them Jai Ashish was apprehended by Ct. Dharambir and Ct. Shivbir. At that time the information of their apprehension was given to duty officer, ISC Chanakaya Puri, Delhi by Inspector Subhash Chander. From where SI Ramesh Sharma was sent to the spot. Thereafter, he checked the rifle. On checking the rifle was found loaded with four live cartridges and thereafter he prepared the sketch of the recovered rifle and cartridges which is Ex. PWI/A. The total length of body of the said rifle was 53 cm and length of butt was 25 em and length of barrel was 72 m. FSL. form was also filled at the spot and thereafter I prepared the pullanda of the said recovered rifle and cartridges and it was seized by seizure memo already Ex. PW I/B which bears my signatures at point B. Thereafter S1 Ramesh Dabas handed over the weapon snatched away from accused Raj Singh to him. Thereafter I checked the said pistol. On checking, it was found containing five live cartridges. IO prepared the sketch of the said pistol and cartridges which is already Ex. PWI/C. The length of barrel of pistol was 15.5 cm and total length of butt and body was 9 cm. Thereafter, he prepared pullanda with the help of cloth and FSL form was also filled up at the spot and it Digitally signed by SAURABH SAURABH State Vs. Satpal and ors. FIR no. 243/2004 36 of 36 GOYAL GOYAL Date:
2024.01.12 17:50:35 +0530 was taken into police possession vide seizure memo Ex. PW1/D. ASI Ranbir Singh also handed over the snatched katta from accused Rajesh to him. On checking it was found containing one live cartridge. He prepared the sketch of the said katta and cartridge which is Ex. PW1/E. The total length of barrel was found 29.5 cm and length of body was 11 cm. and length of butt was 8.5 cm. Thereafter, he prepared pullanda with the help of cloth and FSL form was also filled up at the spot and it was taken into police possession vide seizure memo Ex. PW1/F. The said case properties were sealed with the seal of HS. Seal after use was handed over to SI Ramesh Dabas. Thereafter, the Indigo car no. DL- ITM-6262 alongwith the key was seized vide seizure memo Ex. PW1/G. Thereafter, IO prepared a rukka Ex. PW3/A and same was handed over to CL. Dharambir for getting the case registered. Thereafter, he gave the information to DO that Sl Ramesh Sharma be sent to the spot for further investigation. Thereafter, Inspector Pankaj Sood and SI Ramesh Sharma reached at the spot alongwith Ct. Sanjeev. He handed over all the documents, case properties and accused persons to second IO Sl Ramesh Sharma. SI Ramesh Sharma prepared the site plan at his instance. Ct. Dharambir reached at the spot alongwith the copy of FIR and original rukka and handed over the same to SI Ramesh Sharma to whom further investigation of the case was assigned. Sl Ramesh Sharma arrested the accused persons namely Satpal, Jai Ashish, Rajesh, Raj Singh and personally searched them vide arrest memo and personal search memos vide Ex. PW/Hl to Ex. PW1/H8. Thereafter, all the team members alongwith the case property and accused persons reached at PS Alipur where the case property was deposited in the malkhana of PS Alipur. Thereafter, they all team members alongwith accused persons reached at Digitally signed by SAURABH State Vs. Satpal and ors. FIR no. 243/2004 SAURABH GOYAL Date: 36 of 36 GOYAL 2024.01.12 17:50:43 +0530 ISC office, Chankaya Puri, Delhi where the disclosure statements of accused persons were recorded by SI Ramesh Sharma and the same are Ex. PW1/X1 to PW1/X4. Thereafter, SI Ramesh Sharma recorded his statement. On 15.07.2004, he again joined the investigation in the present case. On that day, Devender and Lovesh came to the office of ISC Crime Branch and produced the documents pertaining to Indigo car bearing registration no. HR-51P-3277 (fake registration no. DL-ITM- 6262, again said DL-IMT-6262). The documents were seized by IO vide seizure memo Ex.PW3/B.
10. PW-4 Devender has deposed that he is the registered owner of car i.e. Tata Indigo bearing registration no. HR-5IP-3277. He had given the abovesaid car to one Lovesh Sain through an agreement Ex. PW4/A at a monthly rent of Rs. 18,000/-. IO of the present case met him with respect to the abovesaid car and he told him about this fact. He handed over him the agreement in this regard which is Ex. PW4/A, one copy of special power of attorney which is Ex. PW4/B. One photocopy of RC marked as Mark A, one photocopy of insurance police, and one copy of ration card marked as Mark B and Mark C which were seized by IO vide seizure memo already Ex. PW3/B. Lovesh Sain had taken the abovesaid vehicle on superdari. Thereafter, Lovesh handed over the car to him. He could not pay the installment of the car and the finance company Magma Leasing Finance Limited took the possession of the abovesaid car from him. He cannot produce the abovesaid car as it was taken by Magma Leasing Finance Limited and same had been taken on superdari by Lovesh Sain.
Digitally signed by SAURABH SAURABH GOYAL
GOYAL Date: 2024.01.12
17:50:50 +0530
State Vs. Satpal and ors. FIR no. 243/2004 36 of 36
11. PW-5 Bhupesh, Registration clerk SDM office Faridabad has
deposed has brought the summoned record i.e. registration of the vehicle i.e. Tata Indigo no. HR-51P-3277 in the name of Devender Kumar r/o 260/A, Vill. Anangpur, Faridabad, Delhi. The copy of record is Ex. PW- 5/A (OSR). Further as per the request letter of IO SI Ramesh Sharma, the abovesaid vehicle was kept in safe custody and the transfer of the same was not made in the name of any other person as the vehicle was involved in the present case. The copy of request letter is Ex. PW-5/B (OSR).
12. PW-6 has deposed that on 05.07.2004, he was posted at Inter-state Cell, Crime Branch, Chankya Puri, Delhi as SI. On that day, he received an information in the office to the effect that SI Harbeer alongwith his staff had apprehended Satpal Singh, Raj Singh, Rajesh and Jai Ashish alongwith illegal weapons. Thereafter, he alongwith Inspector Pankaj Sood and HC Sanjivan went to the spot i.e. GTK road, Opposite Shani Mandir in government vehicle where they met SI Harbeer Singh, SI Ramesh Dabas, ASI Dharambir, ASI Parmod, HC Ramesh Bagga, HC Suresh, Ct. Dharambir, Ct. Amit, Ct. Gurdev, Inspector Subhash, SI Satpal, ASI Ranbir, HC Satender, Ct. Shiv Bir, Ct. Narender, Ct. Ravinder and HC Rakesh Kumar. Thereafter, HC Harbeer prepared the rukka and handed over the same to Ct. Dharambir for registration of the case. Thereafter, SI Harbeer Singh handed over him the custody of accused persons namely Satpal Singh and Rajesh, present in the court today (correctly identified) and accused Raj Singh and Jai Ashish are incorrectly identified by name. The witness identified the said accused Raj Singh and Jai Ashish vice-versa. The identity of the said two accused Digitally signed by SAURABH SAURABH GOYAL State Vs. Satpal and ors. FIR no. 243/2004 GOYAL Date:
2024.01.12 36 of 36 17:50:57 +0530 persons is also verified from their documentary ID proofs shown by them to the Ld. APP and to the court. SI Harbeer Singh also handed over the case property i.e. three pullandas sealed with the seal of HS alongwith one Indigo Car bearing no. DL-1M-6262 alongwith seizure memos and sketch. Thereafter, he prepared the site plan Ex. PW-6/A, at the instance of SI Harbeer. In the meantime, Ct. Dharambir came at the spot alongwith original rukka and copy of FIR and handed over the same to him. He interrogated the abovesaid accused persons and arrested the accused persons vide arrest memos Ex. PW-1/H5 to Ex. PW-1/H8 and conducted their personal search vide memos Ex. PW-1/H1 to Ex. PW-
1/H4. All memos bear his signatures at points X. Thereafter, he noted down the FIR numbers of the documents. Thereafter, they took the accused persons and case property to PS Alipur and case property was deposited in malkhana. Thereafter, they took the accused persons to their office at Chankya Puri where he recorded the disclosure statements of accused persons which are Ex. PW-1/X1 to Ex. PW-1/X4, all bearing his signatures at points X. Thereafter, he recorded the statements of witnesses. In the disclosure statements, accused persons disclosed that they had received the weapons from one Bharat Singh but on verification, it was found that the weapons belonged to Ombeer. Thereafter, he alongwith his staff produced the accused persons before the concerned court and from got obtained the PC remand of accused persons. During PC, nothing was recorded and after that accused persons were produced before the court and sent to JC. Thereafter, he got verified the licenses of the weapons from Rohtak which were found to be genuine. Thereafter, he also got verified the abovesaid vehicle and he seized the documents of the said vehicle vide seizure memo Ex. PW-3/B Digitally signed by SAURABH SAURABH GOYAL State Vs. Satpal and ors. FIR no. 243/2004 GOYAL Date: 2024.01.12 17:51:04 +0530 36 of 36 bearing his signatures at point X. He recorded the statements of witnesses i.e. Lovesh Sain and Devender Kumar. On 09.07.2004, he sent the abovesaid pullandas and FSL form to FSL Rohini through HC Suresh Chand vide RC no. 103/21. He recorded the statements of witnesses. Thereafter, he received the result from FSL and after that he moved an application before the DCP (Crime and Railways) for getting the sanction u/s 39 Arms Act. The same application is Ex. PW-6/Al bearing his signatures at point A. After that he received the sanction u/s 39 Arms Act. On 23.04.2005, accused Ombir, came in his office alongwith anticipatory bail order and he formally arrested him and recorded his disclosure statement Ex. PW-6/B bearing his signatures at point A. Accused Ombir also produced the license of weapon and same was seized by him vide seizure memo Ex. PW-6/C bearing his signatures at point A. On producing the surety, accused Ombir was released on police bail vide Ex. PW-6/D bearing his signatures at point A. He recorded the statements of witnesses. He also got verified the registration number of the abovesaid car from Faridabad Authority which was found fake as the original number of the vehicle was HR 51P 3277. After completion of investigation he prepared the challan u/s 25/27/29/54/59 Arms Act and Sec. 471/482 IPC and filed the same in the court.
13. PW-7 Inspector Ramesh Dabas has deposed that on 05.07.2004, he was posted at ISC, Crime Branch, Chanakya Puri as SI. On that day, SI Harbeer Singh received an information via telephonic message from secret informer that 4-5 criminals of Kishan Pehalwan Gang loaded with weapons would be coming in car bearing no. DL-1TM-6262 from Singhu Border towards Delhi in the evening and were planning to State Vs. Satpal and ors. FIR no. 243/2004 36 of 36 Digitally signed by SAURABH SAURABH GOYAL GOYAL Date:
2024.01.12 17:51:11 +0530 commit crime in Delhi. The said information was shared with the ACP concerned by SI Harbeer Singh. Thereafter, SI Harbeer constituted a raiding party consisting of SI Ramesh Dabas, ASI Dharambir, ASI Parmod, HC Ramesh, HC Suresh, Ct. Dharambir and other team members. They were in government vehicle bearing no. DL-1CH-9897 and another vehicle no. DL-6CJ-0516. After making DD entry no. 20, they left the abovesaid office and at about 03.00 PM reached Mukarba Chowk where SI Harbeer Singh requested 4-5 public persons to join the investigation but none of them agreed and left the spot without disclosing their names and addresses. When they reached at GTK Road in front of Shani Mandir, the Insp. Subhash Tandon with team in the vehicle were deployed on the opposite road of Shani Temple which was coming from Singhu border to Delhi.
14. Another team in which SI Harbeer Singh was with team was deployed half kilometer before Singhu Border and were instructed to follow car no. DL-1TM-6262. At about 5.00 PM on the way to Singhu border from Delhi on which their vehicles were parked, the said car crossed them and it was overtook by the vehicle of SI Harbeer Singh and the said car was stopped and thereafter, the police party reached near the abovesaid car. The person who was sitting beside the driver took out the weapon and tried to load the weapon. He was apprehended by him with the help of Ct. Narender and was pulled out from the said car who disclosed his name as Raj Singh @ Baniya s/o Umed Singh r/o Vill. Asan, Rohtak Haryana. The person who was sitting at the back seat of the car was apprehended by ASI Ranbir Singh who was having a loaded weapon and disclosed his name as Rajesh and he was apprehended with Digitally State Vs. Satpal and ors. FIR no. 243/2004 signed by SAURABH 36 of 36 SAURABH GOYAL GOYAL Date:
2024.01.12 17:51:18 +0530 the help of HC Suresh. Thereafter, SI Harbeer Singh apprehended one person who was having riffle whose name was later on revealed as Satpal Pehalwan. The person who was sitting at the driver seat was apprehended by Ct. Dhrambir and Ct. Shivbeer who disclosed his name as Jai Ashish. Thereafter, the information of apprehension was given to DO ISC by Insp. Subhash Tandon to appoint IO. The riffle which was recovered from the possession of accused Satpal and the sketch of the said riffle was made which is Ex. PW-1/A. The riffle was seized and sealed with the seal of HS vide seizure memo Ex. PW-1/B. IO filled FSL form at the spot. Thereafter, the pistol and five live cartridges recovered were produced to SI Harbeer Singh who made the sketch of said pistol which is Ex. PW-1/C and same was seized and sealed with the seal of HS vide seizure memo Ex. PW-1/D. IO filled the FSL form. Thereafter, ASI Ranbir Singh produced the countrymade pistol and one live cartridge recovered from the possession of Rajesh to SI Harbeer Singh who made the sketch of the said country made pistol and cartridge which is Ex. PW-1/E and same was seized and sealed with the seal of HS vide seizure memo Ex. PW-1/F. The seal after use was handed over to him. Thereafter, the driver of the car namely Jai Ashish disclosed that the car is registered at Haryana and they have applied fake number plate of Delhi registration on the said car which was seized with the key vide seizure memo Ex. PW-1/G. Thereafter, SI Harbeer Singh prepared the rukka and handed over the same to Ct. Dharambir for registration of FIR at PS Alipur. At the same time, second IO SI Ramesh Sharma also reached at the spot. The case property recovered and pullandas sealed with the seal of HS and other documents were handed to SI Ramesh Sharma. SI Ramesh Sharma prepared site plan at the instance of SI State Vs. Satpal and ors. FIR no. 243/2004 Digitally signed by SAURABH 36 of 36 SAURABH GOYAL Date:
GOYAL 2024.01.12 17:51:24 +0530 Harbeer Singh. After some time, Constable Dharambir reached back at the spot alongwith copy of FIR and original rukka and handed over the same to second IO SI Ramesh Sharma. Thereafter, IO SI Ramesh Sharma deposited the case property in PS Alipur. Thereafter, at about 12.00 midnight they reached at the office and IO recorded his statement u/s 161 CrPC. PW-7 correctly identified the accused and case property which is Ex. P-1, P-2 and P-3.
15. PW Tajinder Singh has deposed that in the year 2004, he was posted as DCP in crime and Railway, Delhi. On 10.11.2004 he received a request from SI Ramesh Sharma regarding Sanction u/s 39 Arms Act in FIR no. 243/2004, U/s 25/27/54 Arms Act and 482 IPC, PS Alipur.
Thereafter, he perused the file and after considering the documents placed on record, he gave sanctioned u/s 39 Arms Act for the prosecution of 1. Raj Singh @ Baniya S/o Sh. Umed Singh, Satpal S/o Sh. Dayanand, Rajesh S/o Sh. Amar Singh. His detailed sanctioned report is Ex. PW-8/A.
16. PW-9 Anoop Singh has deposed that he has produced in the court the record of armed license no. 717/I/R. The said license is in the name of Ombir Singh S/o Sh. Jai Singh and license was issued on 15.01.2022 and the same was valid for point 32 bor pistol no. 618326 and point 308 bor SBBL Rifle number B6253423. The same was also issue for jurisdiction of Haryana only. He has produce license holder master report. The record is Ex. PW9/A (OSR).
17. The statement of the accused persons under section 294 CRPC State Vs. Satpal and ors. FIR no. 243/2004 Digitally signed by 36 of 36 SAURABH SAURABH GOYAL GOYAL Date:
2024.01.12 17:51:30 +0530 was also recorded wherein the accused persons have admitted the preparation of FSL report Ex A1 but have not admitted the contents of the same. After the closure of prosecution evidence statement of the accused persons under section 313, CrPC was recorded where in the accused have denied the incriminating evidence appearing against them and have pleaded false implication. The accused opted not to lead any evidence in defence.
18. Accused do not opt to lead DE.
19. Final arguments were led on behalf of both the parties.
20. Rival submissions have been considered and record of case has been carefully perused.
21. It is trite that in a criminal trial, the onus remains on the prosecution to prove the guilt of accused beyond all reasonable doubts. It is for the prosecution to travel the entire distance from may have to must have. If the prosecution appears to be improbable or lacks credibility the benefit of doubt necessarily has to go to the accused.
22. I have heard Ld. APP for the State and Ld. counsel for the accused and gone through evidence carefully. The Ld. APP for the State has argued that in view of testimony of the procession witnesses, the case of the prosecution stands duly proved against the accused facing trial for the commission of the offences charged with beyond shadow of reasonable doubt and as such the accused be held guilty Digitally signed by SAURABH State Vs. Satpal and ors. FIR no. 243/2004 SAURABH GOYAL 36 of 36 GOYAL Date:
2024.01.12 17:51:37 +0530 and convicted for the common of the offences charged with.
23. However, the prosecution story has been attacked by the Ld. counsel for the accused on several counts. It was argued that the prosecution story suffers from several contradictions and discrepancies and as such the testimony of the official witnesses was not worth relying upon so as to sustain the charges against the accused. It was argued that no public witness was joined in investigation in the raiding party despite the fact that there was ample time to do so. No independent witness was joined by the raiding party at the time of intercepting the Indica car which was allegedly carrying the accused along with the weapons and also at the time of effecting of recovery of weapons allegedly from the possession of the accused. There is no independent witness of seizures memos vide which the weapons were allegedly seized from the possession of the accused and were taken into police custody. It was also argued that in fact, the police party went to the house of accused Ombir who is relative of accused Raj Singh and licensed weapons were taken from the house and planted the same upon the accused, in order to satisfy the grudge and no Indica car was taken into police custody, rather police has prepared the recovery memo of the said Indica car and the same has not been produced in evidence for identification. In the absence of independent corroboration, a reasonable doubt can be said to have been created over the prosecution version and thus the accused have become entitled to the benefit of doubt and order to be acquitted of the charges. It was also argued for accused Jai Ashish that he was just a taxi driver and was not in anyway connected with the remaining Digitally signed by SAURABH State Vs. Satpal and ors. FIR no. 243/2004 SAURABH GOYAL 36 of 36 Date: GOYAL 2024.01.12 17:51:44 +0530 accused and there was no evidence regarding the fixing of fake number plate and thus he be declared innocent.
24. Therefore, after going through the evidence and circumstances of the case and arguments advanced by the Ld. APP as well as on behalf of the accused, it emerges that on 05/07/2004, when SI Ranbir Singh, PW1 was posted at ISC Crime Branch Chanakyapuri New Delhi then SI Harbir Singh PW3 received an information that 4/5 members / criminals of Krishan Pehlwan gang were proceeding from Singhu border towards Delhi in light green colour car number DL - ITM - 6262. The said information was shared by SI Harbir Singh with ACP. Thereafter, a raiding party was constituted consisting of SI Ramesh Dabas. ASI, Dharamvir, ASI Pramod, HC Ramesh Baga, HC Suresh, Constable Dharamvir , Constable Amit and Constable Gurdev. They were in Govt. vehicle no. DL-1CH-9897 along with driver ASI Rajinder Singh and in another vehicle no. DL-6CJ0516 he alongwith Inspector Subhash Tondon, SI Satpal, HC Rakesh, HC Surender, Ct. Shivbir, Ct. Ravinder, Ct. Preet, Ct. Narender. After making entry DD no. 20 at about 2:00 pm, they left the office and reached Mukarba Chowk at about 3: 00 p.m, where SI Harbir Singh requested 4-5 persons to join investigation, but in vain. PW-1 SI Ranbir Singh has stated that at about 3:30 pm, they reached in front of Shani Temple and at that time inspector Subhash Tandon along with his team was on the opposite road of Shani Temple which was coming from Singhu border to Delhi and another team which was headed by SI Harbir Singh was sent to the side of Singhu border and were instructed to follow the Indica car PW-1 has stated that round 5.30 p.m, the Indica State Vs. Satpal and ors. FIR no. 243/2004 GOYAL Digitally signed by SAURABH SAURABH GOYAL Date: 2024.01.12 36 of 36 17:51:51 +0530 car was seen coming from Singhu border towards Delhi and the said vehicle was stopped by the police team headed by SI Harbir Singh and when the team reached near the said Indica car, then the person who was sitting beside the driver seat tried to load his pistol but was overpowered by SI Ramesh Dabbas and was pulled out of the car and his pistol was snatched. The said person later on disclosed his name as Rajesh. PW-1 has identified the said person in the court correctly. As per the deposition of PW-1, he tried to apprehend the accused Rajesh whose name was disclosed later on and has identified him as present in the court and thereafter he along with HC Suresh apprehended the said accused Rajesh and pulled him out of the said Indica car whereas SI Harbir Singh tried to overpower the person who was sitting on the right side of the rear seat of the Indica car and having a rifle in his hand whose name was later on revealed as Satpal Singh (now deceased) who pointed out his rifle towards SI Harbir Singh but said Satpal Singh was also pulled out of the car by SI. Harbir Singh with the help of constable Ramesh Bhaga. The driver of the said car whose name was later on revealed as Jai Ashish was also apprehended by constable Dharamveer and constable Shivbir and the apprehension of the accused was intimated to the duty officer ISC Chanakyapuri Delhi by inspector Subhash Chandra from where SI Ramesh Sharma was sent to the spot. SI Harbir Singh checked the rifle and on checking the same was found loaded with 5 live cartridges and thereafter he prepared the sketch of the recovered rifle and cartridges which has been produced in evidence as exhibit PW1/A. The sketch of the recovered rifle was also prepared and FSL form was also filled at the spot and thereafter the investigating officer prepared the pullinda of State Vs. Satpal and ors. FIR no. 243/2004 Digitally signed by SAURABH 36 of 36 SAURABH GOYAL GOYAL Date:
2024.01.12 17:51:57 +0530 the said recovered rifle and cartridges and was seized vide seizure memo exhibit PW1/B. The witness has testified his signature upon the same. He has further stated that SI Harbir Singh checked the said pistol which was recovered from accused Raj Singh and the same was found to contain five live cartridges. The sketch has been placed on the file as exhibit PW1/C and after filling the FSL form, the same was taken into police custody, vide seizure memo, exhibit PW1/D. The witness has identified his signature on the said seizure memo. As per his position he handed over the "katta" which was recovered from accused Rajesh to SI Harbir Singh, which upon checking was found to contain one live cartridge. The sketch of which was prepared and produced as exhibit PW-1/E and the same was taken into custody vide seizure memo exhibit PW-1/F and said parcels were sealed and seal was handed over to SI Ramesh Dabbas. This witness has also testified that the Indica car along with key of the said car were taken into police custody vide seizure memo, exhibit PW-1/G and rukka was prepared by SI Harbir Singh and was sent through Ct. Dharamvir for registration of the FIR at around 8:00 pm. As per his deposition, in the meantime, SI Ramesh Sharma also reached at the spot along with Inspector Pankaj Sood and SI Harbir Singh handed over all the documents and accused to SI Ramesh Sharma who prepared the site plan at the spot at the instance of SI Harbir Singh. This witness has further stated that Ct. Dharambir also reached at the spot along with the copy of FIR and original rukka and handed over the same to SI Ramesh Sharma, who conducted the further investigation of this case and arrested the accused namely Satpal, Jai Ashish, Rajesh, Raj Singh and personal search was also conducted vide memos Ex. PW1/H1 to State Vs. Satpal and ors. FIR no. 243/2004 36 of 36 Digitally signed by SAURABH SAURABH GOYAL GOYAL Date: 2024.01.12 17:52:04 +0530 PW1/H 8 which bear his signatures. Thereafter, all the team members along with the accused and case property reached P S. Alipur and deposited the case property in the Malkhana of PS Alipur and reached at ISC office Chanakya Puri Delhi where SI Ramesh Chand recorded the disclosure statement Ex. PW1/X1 to Ex PW1/X4 of the accused and his statement was also recorded. PW-1 has identified the case property rifle along with test fired cartridge as Ex. P-1, which was shown after opening the pullinda. Similarly, when the second pullinda was opened, the same was found containing one pistol, four live cartridges and shown to the witness, who has correctly identified the same as Ex. P2. Similarly, the witness has identified the case property desi katta and one empty cartridge contained in the third parcel as Ex. P3. However, in his cross examination, the witness has admitted that he cannot tell the name of the person who refused to join the investigation. It is pertinent to mentioned that this witness has stated that he can identify the car which was recovered from the possession of the accused if produced before him However the production of the said Car could not be procured and the court has observed in its order dated 16/01/2019 that the presence of the car cannot be secured and as such there was no justification to retain the matter in abeyance for want of the vehicle, and thus the examination of the witnesses was ordered to continue.
25. Testimony of SI Dharampal Singh PW-2 is formal in nature who was posted on 05/07/2004 in police station, Alipur as ASI and on that day he after the receipt of ruka recorded the formal FIR exhibit PW2/A which bears his signature and he made endorsement upon the State Vs. Satpal and ors. FIR no. 243/2004 Digitally signed 36 of 36 SAURABH by SAURABH GOYAL GOYAL Date: 2024.01.12 17:52:12 +0530 same and handed over the copy of the FIR along with the original ruka Ex. PW-2/B to Ct. Dharambir for handing over the same to SI Harbir Singh.
26. Further, the prosecution has produced SI Harbir Singh as PW3 who on 05-072004 was posted at ISC crime branch, Chanakya Puri, On that day, he received telephonic information that four/ five persons/ criminals of Krishan Pehlwan gang would come in light green colour, car number DL1TM6262 from Singhu border towards Delhi in the evening and they were carrying weapons in their possession and they were planning to commit some crime in Delhi. He shared the said information with ACP and constituted raiding party consisting of himself, SI Ramesh Dabas, ASI Dharamveer, ASI Pramod, HC Ramesh, HC Suresh, Ct. Dharamvir, Ct. Amit and Ct.
Guru Dev and they were in vehicle number DL 1CH 9897 which was being driven by ASI Ravindra Singh and in another vehicle number DL 6CG 0516, the another team consisting of HC Rakesh, Inspector Subhash Tandon, SI Satpal, HC Satinder, Ct. Shivbeer, Ct. Ravinder Ct. Preet, Ct. Narinder and ASI Ranbir Singh were present. They made the entry at DD number 20, at about 2:00 PM and left the office and reached at Mukarba Chowk at about 3:00 PM where he tried to join four/five independent witnesses in investigation, but none was prepared to join the same. As per his deposition at about 3:30 pm, when they reached infront of Shani Temple then Inspector Subash Tandon who was coming from Singhu border towards Delhi along with his team they were sent towards Singhu border and to follow the Indica car. As per the instructions, he parked the vehicle near Singhu Digitally signed State Vs. Satpal and ors. FIR no. 243/2004 SAURABH by SAURABH GOYAL 36 of 36 Date:
GOYAL 2024.01.12
17:52:19
+0530
border towards Delhi and came out of the vehicle and started looking towards the vehicles coming towards Delhi, while the other members of the team were still sitting in the car. As per his deposition, at about 5:15 pm he saw a car coming from Singhu border without front number plate and when he said car passed then he noticed that there was one number plate on the backside having registration number DL- 1TM6262 and he gave the information to inspector Tandon who had taken the position near Shani Temple and he started following the said vehicle. At about 5:30, pm he reached near Shani Temple and took over the said car and stopped the said car. The other police party headed by inspector Subhash Tandon was also present at the spot. Upon inquiry, the driver disclosed his name as Jai Ashish and the person who was sitting next to him disclosed his name as Raj Singh whereas accused Satpal and Rajesh were sitting on the backside of the car. The witness has identified the accused Raj Singh, Jai Ashish and Rajesh present in the court (accused Satpal had been declared offender at that time). This witness has corroborated that SI Ramesh Dabas apprehended accused Raj Singh, who was trying to load his pistol and his pistol was snatched and was pulled out of the car with the help of Ct. Narendar. He has also testified that SI Ranbir Singh tried to apprehend accused Rajesh who pointed out katta towards him and thereafter ASI Ranvir along with HC Suresh apprehended him and pulled him out of the said Indigo car, and when he tried to apprehend the accused (Satpal) who was sitting on the right side of the rear seat of the car and was having a rifle in his hand and pointed the said rifle at him was also pulled out from the said car with the help of HC Ramesh Bagga. The driver of the car, Jai Ashish was apprehended by Digitally signed State Vs. Satpal and ors. FIR no. 243/2004 by SAURABH 36 of 36 SAURABH GOYAL Date:
GOYAL 2024.01.12 17:52:26 +0530 Ct. Dharambir and Ct. Shivbir and the said information of apprehension was given to duty officer, ISC Chanakyapuri, Delhi by inspector Subhash Tandon from where SI Ramesh Chandra was sent at the spot and thereafter he checked the rifle which was found loaded with four live cartridges and he prepared the sketch of the recovered rifle and cartridges as exhibit P1A which bears his signature. He prepared the pullinda of the said recovered articles and seized with the seizure memo Ex PW1/B. He has also testified that SI Ramesh Dabbas handed over the weapon snatched from the possession of accused Raj Singh. Upon checking the said pistol, it was found loaded with five live cartridges. He has also testified that the sketch PW1/C of the said pistol and cartridge was prepared by the IO which bears his signature. As per his deposition, he presented pullinda of the recovered weapon and after sealing and filling FSL form, the same was taken into police custody vide recovery memo Ex PW 1/ D. He has also deposed that ASI Ranbir Singh handed over the katta recovered from accused Rajesh which upon checking was containing one live cartridge and he prepared his sketch of the said Katta and cartridge as exhibit PW-1/E and the same was taken into police custody, vide seizure memo exhibit PW-1/F. The recovered articles were sealed with the seal of HS which was handed over to SI Ramesh Dabas. He has also stated that Indigo car number DL-ITM6262 along with key was seized vide seizure memo Exhibit PW1 /G and he prepared rukka exhibit PW3 /A and handed over the same to Ct. Dharamvir for getting the case registered and he gave the information to duty officer and Shri Ramesh Kumar was sent to the spot and further investigation was handed over to him along with all the documents, case properties, and the accused. SI Digitally signed by State Vs. Satpal and ors. FIR no. 243/2004 SAURABH SAURABH GOYAL 36 of 36 GOYAL Date: 2024.01.12 17:52:33 +0530 Ramesh Kumar prepared the site plan at the spot. At his instance, Ct. Dharamvir reached at the spot along with copy of FIR and original rukka and handed over the same to SI Ramesh Kumar to whom further investigation was assigned SI Ramesh Kumar arrested the accused namely Satpal, Jai Ashish, Rajesh Raj Singh and conducted personal search vide search memos Ex PW1/H1 to Ex. PW-1/H8. He has stated that after the completion of formalities at the spot, all the team members along with the case property and accused reached at PS Alipur where the case property was deposited in the Malkhana of PS Alipur and thereafter police party along with the accused reached at ISC office, Chanakyapuri Delhi, where the disclosure statements of the accused were recorded by SI Ramesh Kumar and the same have been proved as exhibit PW1/X1 to PW1/X4 and his statement was also recorded by SI Ramesh Kumar. This witness again joined the investigation on 15/07/2004 and on that day Devendar and Lovesh came to the office of ISC Crime Branch Chanakyapuri and produced the documents pertaining to Indica car bearing registration number HR - 51P- 3277, fake number DL- ITM 6262, and the said documents were seized by IO vide seizure memo Ex PW3/B which bears his signature. This witness was subjected to lengthy cross examination by the Ld. counsel for the accused, but the veracity of the witness cannot be said to have been shaken. The witness has denied the suggestion that the accused were lifted from their houses and later on after arranging the weapons the same were planted upon the accused . The witness also denied the suggestion that the licensed pistol and rifle of accused Ombir was taken from his house and later on the same have been shown to have been recovered from the possession of the Digitally signed by SAURABH State Vs. Satpal and ors. FIR no. 243/2004 SAURABH GOYAL Date: 36 of 36 GOYAL 2024.01.12 17:52:39 +0530 accused to implicate them falsely. Prosecution produced Devender son of Ram Rattan as PW-4 who is registered owner of Indica car bearing registration number HR- 51 P3277 and stated that the said car was leased by him to Lovesh on monthly rent of Rs. 18,000 vide agreement exhibit PW4/A and special power of attorney which is exhibit PW-4/B and has also produced photocopy of RC as Mark A, insurance mark B which were taken into custody by the Investigation Officer vide seizure memo exhibit PW3/B and the said car was taken on superdaari by Lovesh and thereafter the same was handed over to him but he could not deposit the installment of the said car and thus the finance company Magma leasing Finance, LTD took the possession of the said car from him and as such he was unable to produce the said car which was got released by Lovesh and Magma Finance Co.
27. The prosecution has produced Anoop Singh, Record Clerk, Arms License, District Magistrate, Rohtak as PW9 who has the testified that the license number 717/1/Rohtak was in the name of Ombir Singh son of Jai Singh and the said license was issued on 15/01/2022, and the same was valid for 32 bore pistol, Number 618, 326 and point 308 bore SBBL Rifle number B6253423 and the same was valid for the jurisdiction of Haryana only. He has produced the copy of the record as Ex PW9/ A from which it transpires that the said license was issued to Ombir w.e.f 15-01-2002 and thereafter the same was got renewed from time to time and when the weapons were recovered from the accused on 05-07-2004 the same valid for Haryana only and admittedly the same was found valid during investigation of Digitally signed by SAURABH State Vs. Satpal and ors. FIR no. 243/2004 SAURABH GOYAL GOYAL Date:
36 of 36 2024.01.12 17:52:47 +0530 this case.
28. Therefore, after going through the above evidence and circumstances of the case, it has to be held that prosecution witnesses have duly corroborated each other regarding the receipt of secret information on the basis of which two police raiding teams were constituted and they reached at the spot in Govt vehicles to apprehend the accused who were traveling in Indica car no. DL-1TM 6262 from Singu Border to Delhi and were carrying weapons. The Indica car was spotted and chased and intercepted by the police party headed by SI Harbir Singh PW3. Accused were apprehended by the police party and recovery of weapons was also effected from the accused who were traveling in said car. The testimony of SI Ranbir Singh PW-1 has been duly corroborated by SI Harbir Singh PW-3 as well as Inspector Ramesh Sharma PW6 (who has partly conducted the investigation and submitted the final report u/s 173 CrPC) and Inspector Ramesh Dabbas PW-7 who remained associated with the investigation of the case. All the material witnesses have corroborated each other regarding the apprehension of the accused namely Satpal from the Indica car DL-1 TM6262 and affecting of recovery of weapons from the possession of the accused which were seized by the police party after making sketch Ex. PW-1/A of rifle and cartridge, Ex. PW-1/C of pistol and cartridge and Ex. PW-1/E of katta (county made pistol) vide seizure memos Ex.PW1/B, Ex PW1/D, Ex PW1/F, upon which the witnesses have testified their signatures. The prosecution witnesses have duly identified the weapons recovered from the accused as exhibit P1, P2 and P3 and have duly identified the accused present in Digitally signed by SAURABH State Vs. Satpal and ors. FIR no. 243/2004 SAURABH GOYAL GOYAL Date:
2024.01.12 36 of 36 17:53:09 +0530 the court. The prosecution by producing the FSL report Exhibit A1 has duly proved that the recovered weapons and cartridges from the accused were arms and ammunition as defined in the Arms Act, 1959.
The prosecution has also duly proved the sanction order exhibit PW8/A to prosecute the accused Satpal, Raj Singh, and Rajesh as required u/s 39 of the Arms Act. However, no doubt the prosecution story is based upon the testimony of official witnesses and no independent witness was joined in investigation at any point of time. No doubt the rule of prudence requires that independent witness be joined in investigation so as to give credibility to the testimony of official witnesses. But there is no rule of law that non joining of independent witness is fatal to the prosecution. It is settled law that conviction can be based upon the testimony of independent witnesses provided the testimony of official witnesses does not suffer from material contradictions and discrepancies and law requires that in the absence of independent witness, the testimony of official witnesses is required to be examined meticulously so as to prevent miscarriage of justice.
29. This court is conscious of the fact that it is not uncommon that independent members of public are reluctant to become witnesses in criminal proceedings. Therefore, in every case want of corroboration by independent witnesses per se shall not be a ground to reject prosecution version. Support is drawn from decision of the Hon'ble Supreme Court of India cited as State of UP vs Anil Singh; AIR 1988 SC 1998. Digitally signed by SAURABH SAURABH GOYAL GOYAL Date: 2024.01.12 17:53:15 +0530 State Vs. Satpal and ors. FIR no. 243/2004 36 of 36
30. Further, in light of decision of the Hon'ble Supreme Court of India cited as State vs Sunil; (2001) 1 SCC 652, this court is of the view that the court cannot start with the presumption that the police records are untrustworthy or that the police action is unreliable for want of corroboration by independent witnesses. When a police official gives evidence in court that a certain article was recovered by him, it is open to the court to believe the version to be correct, if it is not otherwise shown to be unreliable. It is for the accused through cross-examination of witnesses or through any other material to show that the evidence of the police officer is either unreliable or at least unsafe to be acted upon in a particular case. However, in the present case, the accused has not put any question to the prosecution witnesses so as to demolish the veracity of their deposition, as such, the argument of the Ld. counsel for the accused has no merit.
31. In the instant case, there is no material discrepancies and contradictions so as to cast a shadow of doubt over the prosecution version. Rather, the testimony is corroborated regarding the recovery of weapons and live cartridges from the possession of the accused Satpal (deceased against whom the proceedings stood abated on account of his death vide order dated 07-05-2022), Rajesh S/o Amar Singh and Raj Singh @ Baniya S/o Umed Singh. The prosecution has proved the factum of recovery of weapons from the possession of accused Rajesh S/o Amar Singh and accused Raj Singh S/o Umed Singh and as such, both the accused have contravened the provisions of section 3 of the Arms Act punishable under Section 25 of the Arms Act. The prosecution has also duly proved the guilt of the accused Digitally signed State Vs. Satpal and ors. FIR no. 243/2004 SAURABH by 36 of 36 SAURABH GOYAL GOYAL Date: 2024.01.12 17:53:23 +0530 Rajesh S/o Sh. Amar Singh, and Raj Singh S/o Sh. Umesh Singh for the commission of the offence punishable under section 28 of the Act as both the accused pointed their weapons towards the police team to prevent their arrest but they were pulled out of the car after snatching respective weapons from them and as such accused Rajesh S/o Sh. Amar Singh and accused Raj Singh S/o Sh. Umed Singh are hereby held guilty for the commission of the offence under section 28 of the Arms Act. Evidently, accused Rajesh S/o Sh. Amar Singh and accused Raj Singh son of Umed Singh were traveling together and were known to each other and as such it was within their respective knowledge that they were carrying arms with them and when the recovery of the arms were effected from them, then they were sitting together in a car and as such it has to be held that the prosecution has duly proved the charge u/s 35 Arms Act as well.
32. Accused Ombir S/o Sh. Jai Singh has been charged for the commission of the offence under Section 29 of the Arms Act on account of recovery of his licensed weapons and ammunition from the possession of accused Satpal (deceased) and accused Raj Singh S/o Sh. Umed Singh. No doubt, accused Ombir was not traveling in the Indica car alongwith other accused who were apprehended by police team but it has come in the evidence that accused Satpal (now deceased) and accused Raj Singh were found in possession of one rifle one pistol alongwith live cartridges respectively and the same were taken into the custody and sent for FSL examination. During the examination, it was revealed that the said arms were licensed arms and ammunition which was valid in the territory State of Haryana but Digitally signed by SAURABH State Vs. Satpal and ors. FIR no. 243/2004 SAURABH GOYAL Date: 36 of 36 GOYAL 2024.01.12 17:53:33 +0530 accused Ombir who was the license holder of the said arms had failed to explain as to how his arms and ammunition came into possession of accused Satpal and Raj Singh. Neither accused Satpal nor accused Raj Singh could produce any license or permit or any consent or authority to carry the same. No doubt, suggestion was put to the prosecution witnesses that a complaint was filed against the police party for taking arms and ammunition from the house of accused Ombir to implicate his falsely alongwith co accused herein but no evidence has been produced to substantiate the defence version as projected. Therefore, it can be inferred that the accused Satpal and Raj Singh were carrying the arms and ammunition belonging to license holder accused Ombir without any legal authority. Thus, the onus upon the license holder accused Ombir to explain as to how his licensed arms and ammunition came into possession of accused Satpal and Raj Singh from his legal custody and he has failed to discharge his burden. There is no doubt that accused Ombir handed over his licensed arms and ammunition to co accused in contravention of terms and conditions of arms license and thus he violated the provisions of Section 29 of the Arms Act.
33. Accused Jai Ashish S/o Sh Narendra Singh has been charge sheeted for the commission of the offence under section 482 IPC on account of allegedly using the fake number plate in front of Indica car which he was driving but there is no cogent evidence in order to sustain charge against accused Jai Ashish for the commission of the offence under section 482 IPC because no photograph whatsoever has been produced in evidence. The said car has also not been produced in the court along with the fake registration plate during trial. It has come Digitally signed by SAURABH SAURABH GOYAL State Vs. Satpal and ors. FIR no. 243/2004 GOYAL Date:
2024.01.12 36 of 36 17:53:40 +0530 in evidence that accused had taken the said Indica car on lease from the registered owner Devendar. There was no reason for the accused Jai Ashish to use a fake registration number plate on the said vehicle which he was driving as a taxi. Accused Jai Ashish has also been charged for the commission of the offence punishable under Section 25 of the Arms Act alongwith Section 35 of the Arms Act. However, there is no evidence on the file that accused Jai Ashish was aware of the fact that accused Satpal (deceased) Rajesh and Raj Singh were carrying weapons and cartridges. There is nothing on the file that accused Satpal (deceased) accused Rajesh and accused Raj Singh had any previous proximity with the accused Jai Ashish. There is nothing on the file that accused Jai Ashish had any prior meeting of mind with the accused who were traveling in his taxi. There is nothing on the file that the accused disclosed about the carrying of weapons to the driver Jai Ashish and in the absence of any such evidence, accused Jai Ashish cannot be held liable vicariously by taking recourse to Section 35 of the Arms Act and as such the accused has become entitled for the benefit of doubt and stands acquitted of the charges.
34. Hence, considering the totality of the circumstances of the case and evidence produced on the file, it has to be held that prosecution has duly established the guilt of the accused Rajesh s/o Amar Singh, and Raj Singh s/o Umed Singh for the commission of offences punishable Under Section 25/28/35 of the Arms Act and thus the accused Rajesh S/o Amar Singh and accused Raj Singh are here by held guilty and convicted for the commission of offences under Section 25/28/35 of the Arms Act. Further, accused Ombir S/o Sh. Jai Digitally signed by SAURABH SAURABH GOYAL State Vs. Satpal and ors. FIR no. 243/2004 GOYAL Date: 2024.01.12 17:53:47 +0530 36 of 36 Singh who is license holder of the weapons and cartridges is held guilty for the offense u/s 29 of the Arms Act. However, accused Jai Ashish taxi driver is acquitted of the charges by giving the benefit of doubt. Case property stands confiscated to State. Let convicts be heard on the quantum of sentence. Digitally signed by SAURABH SAURABH GOYAL GOYAL Date:
2024.01.12 17:53:56 +0530 Pronounced in the open (SAURABH GOYAL) Court on 10.01.2024 MM-05 (North), Rohini Courts New Delhi This judgment contains 36 signed pages.
State Vs. Satpal and ors. FIR no. 243/2004 36 of 36