Delhi District Court
State vs . Dilawar Singh on 8 July, 2010
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGE -II (NORTH-WEST): ROHINI COURTS: DELHI
Sessions Case No. 1072/2009
Unique ID No. 02404R0093242006
State Vs. Dilawar Singh
S/o Sh. Hari Singh
R/o J-315, Sardar Colony,
Sector 16, Rohini, Delhi.
FIR No.: 40/2004
Police Station : Bawana
Under Section : 399/402 IPC
Date of Committal of Main Case to Sessions Court: 2.6.2004
Supplementary Challan Received by Transfer on : 3.8.2005
Judgment Reserved on: 8.7.2010
Judgment Pronounced on : 8.7.2010
JUDGMENT
Case of the Prosecution:
The case of the prosecution is that on 1.2.2004, a police party which was on patrolling near Kankar Khera Road, Rohini, received a secret information that five boys were sitting at the Pump House in Sector 27/28, Rohini and were planning to commit dacoity. Pursuant to this information, the police party consisting of SI Yograj, ASI Ram Kumar, HC Jagmer, HC Rajender Singh, HC Surender, Ct. Raj Kumar and Ct. Vinod Kumar, led by SI Yog Raj reached at Pump House. Thereafter, ASI Ram Kumar and Ct. Vinod were deputed to overhear the conversation of those persons and other members of the police party took position behind the bushes near the Pump House. Thereafter, ASI Ram Kumar and Ct. Vinod overheard those boys planning to commit dacoity on which they gave signal to other members of the police party by putting hands on head. Thereupon, the St Vs. Dilawar Singh, FIR No. 40/04, PS Bawana Page No. 1 of 7 accused persons were surrounded by the police party and challenged to surrender. According to the prosecution, accused Ranjit was overpowered by ASI Ram Kumar and Ct. Narender; accused Baljit was overpowered by HC Rajinder and Ct. Dharmender; accused Charanjit was overpowered by HC Jagmer Singh and Ct. Raj Kumar; and accused Subhash was overpowered by HC Surender and Ct. Virender at the Pump House. The fifth accused i.e. present accused Dilawar Singh, managed to run away. From the search of the apprehended accused, one button operated knife each were recovered which were taken into possession by the police and separate cases were registered against the accused persons namely Ranjit, Charanjit, Baljit and Subhash, under Arms Act. Thereafter, Rukka was prepared and the main FIR No. 40/04 under Section 399/402 IPC was got registered. The accused persons Ranjit, Charanjit, Baljit and Subhahs were formally arrested. The site plan was prepared by SI Yog Raj and also the motorcycles bearing No. DL8S AC 0241, DL4S 3205, DL6SP 3634, which were parked at the Pump House, were seized by the police. After completion of the investigation, charge sheet against the accused Ranjit, Charanjit, Baljit and Subhahs was filed before the court.
On the basis of the allegations made in the charge sheet, Ld. predecessor of this court settled charges u/s 399/402 IPC against the accused Ranjit, Charanjit, Baljit and Subhahs (present accused Dilawar Singh since PO) in the present case, to which the accused persons had pleaded not guilty and claimed trial. All the four accused persons were also charge sheeted in separately under Arms Act vide FIR Nos. 41/04, 42/04, 43/04 and 44/04.
After the trial, the Ld. predecessor of this court vide a common judgment dated 15.6.2005 has acquitted all the four St Vs. Dilawar Singh, FIR No. 40/04, PS Bawana Page No. 2 of 7 accused persons namely Ranjit, Charanjit, Baljit and Subhash in all the five cases i.e. main case bearing FIR No. 40/04 under Section 399/420 IPC and separate cases under Arms Act vide FIR Nos. 41/04, 42/04, 43/04 and 44/04.
CASE OF THE PROSECUTION QUA PRESENT ACCUSED DILAWAR SINGH:
Supplementary charge sheet against the present accused Dilawar Singh was filed by the prosecution in the present case bearing FIR No. 40/2004 under Section 399/402/34 IPC with the same allegations as against the co-accused persons namely Ranjit, Charanjit, Baljit and Subhash, who were already acquitted after the trial vide judgment dated 15.6.2005 by the Ld. predecessor of this court.
CHARGE On the basis of the supplementary charge sheet, Ld. predecessor of this court settled the charge under Section 399/402 IPC, against the present accused Dilawar Singh on 16.9.2005, to which the accused pleaded not guilty and claimed trial.
EVIDENCE The prosecution in order to prove its case against the present accused, has examined as many as four witnesses i.e. PW1 HC Rajender Singh, PW2 ASI Ram Kumar, PW3 HC Jagmer Singh, PW4 HC Dharmender, who all are police officials and have fully supported the case of the prosecution.
During the course of evidence, Ld. Addl. PP for the State has adopted the examination-in-chief of PW1 HC Champa Topo, PW2 ASI Ram Kumar (now examined as PW2), PW3 Ct. Narender Kumar, St Vs. Dilawar Singh, FIR No. 40/04, PS Bawana Page No. 3 of 7 PW4 HC Rajender Singh (now examined as PW1), PW5 Ct. Dharmender (now examined as PW4), PW6 Ct. Sanjeev, PW7 HC Surender, PW8 Ct. Virender, PW9 Ct. Raj Kumar, PW10 SI Yog Raj, who were already examined by the prosecution earlier while the present accused Dilawar Singh was a PO. Ld. counsel for the accused Sh. Muneesh Chauhan has also submitted that he has instructions from the accused to state that the accused Dilawar has no objection to the prosecution adopting the examination-in-chief of witnesses. He has further stated that the accused is also adopting the cross examination conducted by the counsel / other accused in respect of these witnesses. The statements of Ld. Addl. PP for the State and Ld. counsel for the accused have been recorded separately to this effect.
Eye Witnesses / Members of Police Party:
PW2 ASI Ram Kumar (now examined as PW2), PW3 HC Jagmer Singh (now examined as PW3), PW4 HC Rajender Singh (now examined as PW1), PW3 Ct. Narender, PW5 HC Dharmender (now examined as PW4), PW7 HC Surender, PW8 Ct. Virender PW9 Ct. Raj Kumar and PW10 SI Yog Raj, all are the members of the raiding party who have corroborated the testimonies of each other and have fully supported the case of the prosecution. According to these witnesses on 1.2.2004 at about 4:30pm they all were on patrolling duty and on receipt of the secret information that five persons are sitting on the back of a pump house on Sector 27-28, Kankar Kheda Road and they are planning to commit a dacoity having knives and other weapons. The witnesses have proved that 4-5 persons were asked to join the raiding party but none agreed and left the spot without disclosing their names and addresses. The witnesses have also proved that the police party reached at near Kankar Kheda and Ct. Vinod and St Vs. Dilawar Singh, FIR No. 40/04, PS Bawana Page No. 4 of 7 ASI Ram Kumar were assigned the duty to hear the conversation of those five boys on which they both went near those boys and on hearing the conversation between the those boys gave a signal to the raiding party by putting their hands over the head on which the raiding party surrounded these five boys, out of whom four were apprehended and one of them managed to run away. According to the witnesses of raiding party, accused Ranjit was overpowered by ASI Ram Kumar and Ct. Narender; accused Baljit was overpowered by HC Rajinder and Ct. Dharmender; accused Charanjit was overpowered by HC Jagmer Singh and Ct. Raj Kumar; and accused Subhash was overpowered by HC Surender and Ct. Virender at the Pump House, but the the present accused Dilawar Singh managed to run away on a motorcycle. According to the witnesses, from the search of the accused persons one button operated knife each (which are Ex.PW1, P2, P3 and P4) were recovered which were taken into possession by the police and separate cases were registered against the accused Ranjit, Charanjit, Baljit and Subhash under Arms Act. The sketch of knives were prepared and the same were taken into possession. According to the witnesses SI Rajender Singh prepared the rukka Ex.PW4/C and the main FIR No. 40/04 u/s 399/402 IPC was got registered. The site plan was prepared by SI Yog Raj and the motorcycles No. DL8S AC 0241, DL4S 3205, DL6SP 3634 which were parked at the Pump House were also seized by the police vide memo Ex.PW10/A. According to them accused persons were arrested, their personal search was conducted and their disclosure statement were also recorded.
PW1 HC Champa Toppo was the duty officer posted at PS Bawana on 1.2.2004 who recorded the FIR No. 40/2004, u/s 399/402/411/34 IPC, copy of which is Ex.PW1/A, FIR No. 41/04 u/s St Vs. Dilawar Singh, FIR No. 40/04, PS Bawana Page No. 5 of 7 25 Arms Act, copy of which is Ex,. PW1/B, FIR No. 42/04 u/s 25 Arms Act, copy of which is Ex.PW1/C, FIR No. 43/04 u/s Arms Act copy of which is Ex.PW1/D and the FIR No. 44/04 u/s 25 Arms Act copy of which his Ex.PW1/E. PW6 Ct. Sanjeev, was posted as MHCM at PS Bawana and has proved the entry No. 43 vide which SI Yog Raj had deposited three motorcycles recovered from the accused persons alongwith jamatalashi of accused Ranjit Singh. Copy of the said entry is Ex.PW6/A. He also proved the entry no. 44/04 vide which ASI Ram Kumar had deposited sealed parcel bearing seal of RK and stated to be containing a knife. Copy of the said entry is Ex.PW6/B. Further, entry no. 45/04, entry no. 46/04 and entry no. 47/04 vide which various case property was deposited in the malkhana has also been proved by this witness which are Ex.PW6/C, Ex.PW6/D and Ex.PW6/E. Before this court could proceed further with the trial, the accused Dilawar Singh has expressed his desire to plead guilty. He has been explained the consequences of plea of guilt in the presence of his counsel, but the accused insists upon the plea of guilt.
I have considered the request made by the accused. Under these circumstances PWs Ct. Narender, HC Champa Topo and the SHO PS Bawana, who are present in the court, are discharged unexamined. The Addl. PP has also made a statement that the prosecution does not wish to examine any witness in view of the statement made by the Ld. counsel for the accused who is adopting the statements of the witnesses already recorded. Under these circumstances, the evidence of prosecution was closed.
The statement of accused has been recorded u/s 313 Cr.PC and all the incriminating material against him has been put to him, which he has duly admitted.
St Vs. Dilawar Singh, FIR No. 40/04, PS Bawana Page No. 6 of 7 In view of the voluntarily admission of guilt by the accused without any pressure or influence and in the presence of his counsel, I hold the accused Dilawar Singh guilty for the offence punishable u/s 399/402 IPC and is accordingly convicted.
Heard arguments on the point of sentence. Be listed for order on sentence at 2 pm. Announced in the open court (Dr. KAMINI LAU) Dated: 8.7.2010 ASJ (NW)-II: ROHINI St Vs. Dilawar Singh, FIR No. 40/04, PS Bawana Page No. 7 of 7 IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS JUDGE -II (NORTH-WEST): ROHINI COURTS: DELHI Sessions Case No. 1072/2009 Unique ID No. 02404R0093242006 State Vs. Dilawar Singh S/o Sh. Hari Singh R/o 3-315, Sardar Colony, Sector 16, Rohini, Delhi.
FIR No.: 40/2004Police Station : Bawana Under Section : 399/402 IPC Date of Conviction : 8.7.2010 Arguments heard on: 8.7.2010 Date of Sentence : 8.7.2010 ORDER ON SENTENCE
Vide my separate detailed judgment, the accused Dilawar Singh has been convicted under Section 399/402 IPC.
Heard arguments on the point of sentence. The convict Dilawar Singh belongs to a poor family comprising of old grand parents, old father and mother, four younger brothers and wife. He is the sole bread earner of the family and is a bangle seller by profession. He is a first time offender and has no other case against him. He had remained in the judicial custody for about seven months. He prayed for mercy.
I have considered the submissions made before me. The convict Dilawar Singh who is aged about 24 years is in judicial custody for a period about seven months. Keeping in view his age, the family circumstances and the fact that he has no other case against him St Vs. Dilawar Singh, FIR No. 40/04, PS Bawana Page No. 8 of 7 and has already remained in custody for a substantial period, I hereby sentence the convict Dilawar Singh to a Rigorous Imprisonment for the period already undergone by him for the offence under Section 399/402 IPC.
Benefit of Section 428 Cr.PC shall be given to the convict for the period already undergone by him during the trial.
The convict is informed that he has a right to prefer an appeal against this judgment. He has been apprised that in case he cannot afford to engage any advocate, he can approach the Legal Aid Cell, functioning in Tihar Jail, or write to the Secretary, Delhi High Court Legal Services Committee, 34-37, Lawyers Chamber Block, High Court of Delhi, New Delhi.
Copy of the judgment and order on sentence be given to the convict free of cost and another copy be attached alongwith his jail warrants.
File be consigned to Record Room.
Announced in the open court (Dr. KAMINI LAU)
Dated: 8.7.2010 ASJ (NW)-II: ROHINI
St Vs. Dilawar Singh, FIR No. 40/04, PS Bawana Page No. 9 of 7
State Vs. Dilawar Singh
PS Bawana
FIR 40/04
8.7.2010
Present: Addl. PP for the State.
Accused in JC alongwith Sh. Muneesh Chauhan
advocate.
Ld. counsel for the accused submits that he has instructions from the accused to state that the accused Dilawar has no objection to the prosecution adopting the examination-in-chief of witnesses i.e. PW1 HC Champa Topo, PW2 ASI Ram Kumar, PW3 Ct. Narender Kumar, PW4 HC Rajender Singh, PW5 Ct. Dharmender, PW6 Ct. Sanjeev, PW7 HC Surender, PW8 Ct. Virender, PW9 Ct. Raj Kumar, PW10 SI Yog Raj, already examined by the prosecution earlier while the present accused Dilawar was a PO. Ld. counsel for the accused has further stated that the accused is also adopting the cross examination conducted by the counsel / other accused in respect of these witnesses. The statement of Ld. counsel has been recorded separately to this effect.
At this stage, the accused Dilawar Singh has expressed his desire to plead guilty. He has been explained the consequences of plea of guilt in the presence of his counsel Sh. Muneesh Chauhan but he insists upon the plea of guilt. I have considered the request made by the accused. Under these circumstances PWs Ct. Narender, HC Champa Topo and the SHO PS Bawana, who are present today are hereby discharged unexamined. The Addl. PP for the State has also made a statement that the prosecution does not wish to examine any witness in view of the statement made by the Ld. counsel for the accused who is adopting the statements of the witnesses already recorded. Under these circumstances, the evidence of prosecution is closed.
St Vs. Dilawar Singh, FIR No. 40/04, PS Bawana Page No. 10 of 7 The statement of accused Dilwar Singh has been recorded separately u/s 313 Cr.PC, and all the incriminating material against him has been put to him which he has duly admitted.
In view of the voluntarily admission of guilt by the accused without any pressure or influence and in the presence of his counsel, vide my separate detailed judgment I hold the accused Dilawar Singh guilty for the offence punishable u/s 399/402 IPC and is accordingly convicted.
Heard arguments on the point of sentence. Be listed for orders at 2 pm. (Dr. Kamini Lau) ASJ/NW-II, Rohini/8.7.10 At 2 pm Present: Addl. PP for the State.
Accused in JC alongwith Sh. Muneesh Chauhan advocate.
Vide my separate detailed order, I sentence the convict Dilawar Singh to Rigorous Imprisonment for the period already undergone by him during the trial of this case for the offence under Section 399/402 Indian Penal Code. Benefit of Section 428 Cr.P.C. shall be given to the convict. A copy of the judgment and order on sentence be given to the convict free of cost.
File be consigned to Record Room.
(Dr. Kamini Lau) ASJ-II(NW): Rohini/8.7.2010 St Vs. Dilawar Singh, FIR No. 40/04, PS Bawana Page No. 11 of 7