Delhi District Court
State vs . Sanjay @ Bihari And Sandeep Saini @ ... on 20 July, 2013
SC No.06/13
FIR No.169/11
PS: Najafgarh
State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan
IN THE COURT OF SHRI VIJAY KUMAR DAHIYA
ADDL. SESSIONS JUDGE : DWARKA COURTS:
NEW DELHI
In the matter of :
SC No. : 06/13
FIR No. : 169/11
Police Station : Najafgarh
Under Section : 307/186/353/333/482/34 IPC .
Received on assignment : 24.08.2011
Reserved for orders on : 15.07.2013
Judgment announced on : 20.07.2013
State Vs. Sanjay @ Bihari
S/o Sh. Ram Singh
R/o P22, Gausala Road
Sarvodaya Kanya School, Najafgarh
Sandeep Saini @ Sharwan
S/o Sh. Ramesh
R/o 14/33, Saini Mohalla in front of
Health Centre, Najafgarh, Delhi.
J U D G E M E N T
1. Accused persons have been sent up for trial for the offence punishable under Section 307/186/353/333/482/34 IPC.
2. Stating briefly, as per prosecution story, it is alleged that IO/ SI Paramjeet Singh on receipt of DD No.45B on 16052011 along with Ct. Pawan reached Delhi Gate, Najafgarh where ASI Mahender Singh along with Ct. Prem Munda, Ct.Rajesh Kumar, Ct. Jaivir Singh were SC No.06/13 Page 1 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan present and they produced two boys namely Sandeep Saini S/o Ramesh R/o 14/33, Saini Mohalla in front of health centre Najafgarh and Sanjay @ Bihari S/o Ram Singh R/o P22, Gausala Road, Najafgarh and they also produced one blood stained hammer and one motorcycle which was bearing two different number plates,i.e. DL4SBC6422 on the front side of the motorcycle and another number plate bearing no.DL4SBC 4220 on the back side of the motorcycle. It is further alleged that IO found Ct. Jaivir having head injury and blood was oozing out and his uniform was also torn. In the mean time, SHO also came present at the spot of incident and Ct. Jaivir along with Sanjay @ Bihari were sent to RTRM Hospital for medical examination and IO/ SI Paramjeet Singh left Ct. Pawan at the spot and went to RTRM hospital where he found Ct. Jaivir admitted vide MLC No.1887/11 and doctor declared injured Ct. Jaivir fit for making statement and Ct. Jaivir got recorded his statement disclosing therein that on 16052011, he was posted at PS Najafgarh and there was a 'Bharat Bandh' call given by the Bhartiya Janta Party in Delhi and he was deputed on duty along with ASI Mahender Singh, Ct. Prem Munda, Ct. Rajesh Kumar and other police staff on Delhi Gate, Najafgarh and he was standing on duty near BSES office and at about 2 pm a black colour pulsar 180 CC motorbike appeared on which two boys were coming from Uttam Nagar side by wrong side and who had muffled their faces and Ct. Jaivir got suspicious and signaled them to stop but the rider slowed down the speed of his motorcycle but thereafter accelerated speed of his motorcycle, in the mean time, Ct.
SC No.06/13 Page 2 of 23 SC No.06/13 FIR No.169/11PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan Jaivir caught hold of the pillion rider by his pant and motorcycle was got stopped.
3. It is further alleged that Ct. Jaivir had seen that motorcycle was having two different number plates and on account of suspicion, he asked those persons to handover the documents of said motorcycle and person who was driving the motorcycle stated to Ct. Jaivir whether he is taken them as thief and Ct. Jaivir told them that if they are not thief then why they are hesitant in showing the documents, on saying so, the driver of the motorcycle told Ct. Jaivir that he should not poke his nose in their affair, otherwise, he will be killed and by saying so, the driver of the motorcycle caught hold of Ct. Jaivir by his collar and started beating him by fist and leg blows and said driver of the motorcycle asked the pillion rider that he should also hit Ct. Jaivir and the pillion rider stated that Ct. Jaivir is to be finished today itself and he took out a hammer hidden under his pant and hit Ct. Jaivir with the said hammer on his head and face with intention to kill him. It is further alleged that Ct. Jaivir caught hold of the said boy who had hit him with hammer and cried for help and, in the mean time, his companion Ct. Rajesh Kumar and Ct. Prem Munda came running and driver of the said motorcycle was caught hold by Ct. Prem Munda and pillion rider was over powered by Ct. Rajesh Kumar and name of the driver was disclosed as Sandeep Saini S/o Ramesh and name of pillion rider was disclosed as Sanjay @ Bihari S/o Ram Singh. It is further alleged that accused had obstructed Ct. Jaivir from SC No.06/13 Page 3 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan doing his official duty and also attempted to kill him and action may be taken against him on the basis of which offence punishable under Section 307/186/353/34 IPC were made out and rukka was sent through Ct. Pawan and FIR was lodged. Thereafter further investigation was carried out and on the instance of Ct. Prem Munda site plan was prepared and blood stained hammer recovered was sealed and seized and the motorcycle having different number plates on both sides was also sealed and both the accused were arrested and accused got recorded their disclosure statement.
4. It is further alleged that during course of investigation, IO seized the blood stained uniform of Ct. Jaivir and statement of witnesses under Section 161 Cr.P.C. were recorded and on 17052011, accused Sanjay @ Bihari had got recovered a country made revolver along with four live cartridges from his house and the said weapon and live cartridges sealed and seized and Section 25/54/59 of the Arms Act was added and statement of witnesses were recorded u/s 161 Cr.P.C.. Thereafter IO got opinion of the concerned doctor on the MLC of Ct. Jaivir and concerned doctor after seeing the weapon of offence had opined that injury as disclosed in MLC could be caused by the said weapon of offence,i.e. Hammer and the injury so sustained by the injured witness Ct. Jaivir was found to be grievous as well as dangerous to life. Number of the motorcycle was verified which was registered in the name of one Sharwan having bearing no.DL4SBC 6422 and Section 482 IPC and Section 333 IPC was also SC No.06/13 Page 4 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan added. Chargesheet was filed.
5. After supplying copy of the charge sheet to the accused by Ld. Metropolitan Magistrate, case was committed to the Session and charge under section 307/186/353/333/482/34 IPC was framed against the accused persons to which they pleaded not guilty and claimed trial.
6. Prosecution was called upon to adduce evidence to establish its case as per law. Prosecution has tendered 17 witnesses in all in support of its case namely:
PW1 Const. Rajbala PW2 Const. Jaivir Singh PW3 Sh. Ram Lalit Paswan PW4 Dr. S.Das PW5 Sh. Naresh Chand PW6 Const. Pawan Kumar PW7 Const. Prem Munda PW8 Const. Rajesh PW9 Const. Basti Ram PW10 SI Satyaveer PW11 Const. Dev Raj PW12 Dr. Parvinder Singh PW13 Dr. L.R.Richhele PW14 Const. Satyavan PW15 SI Paramjeet Singh SC No.06/13 Page 5 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan PW16 ACP Narain Singh PW17 HC Karamveer Singh
7. Thereafter, prosecution evidence closed and accused was examined under Section 313 of Cr.P.C. and the accused denied his involvement in the present case but he has led DE.
8. It is contended by Ld. Addl. PP for the State that accused persons in furtherance of their common intention had caused injuries to Const. Jaivir Singh and obstructed police official in performance of his public duties and prosecution has proved its case beyond reasonable doubt and accused persons deserve to be convicted.
9. On the other hand, Ld. Defence counsels have contended that accused persons have been falsely implicated in the present case and there is no iota of evidence to prove on record that accused persons were involved in the present case and no public witness has been examined to corroborate the testimony of police witnesses and no conviction can be recorded on the testimony of police witnesses and accused persons deserve to be acquitted.
10. I have heard Ld. Defence counsel as well as Ld. Additional PP for the State and gone through the record.
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11. Before proceeding further, I would like to appreciate the evidence led by prosecution to prove the case.
12. PW1 is Ct. Rajbala who has deposed that on 16052011, she was posted as DD writer in PS Najafgarh and on getting information from police control room, she reduced it into writing vide DD No.45B and proved photocopy of the same as Ex.PW1/A and handed over the same to SI Paramjeet Singh for taking necessary action. During cross, she has admitted that she has also recorded DD No.23B Ex.PW1/D1 on the same day whereby Ct. Jaivir along with other police party left for duty at Delhi Gate, Najafgarh.
13. PW2 is Ct. Jaivir Singh whose testimony will be discussed in the later part of this judgment.
14. PW3 is Shri Ram Lalit Paswan who has deposed that on the faithful day, he came to the spot to take stock of the situation and came to know that some persons had beaten a police official but thereafter he turned hostile and had not supported the case of the prosecution.
15. PW4 is Dr.S. Das, Medical Officer, RTRM Hospital who examined injured Ct. Jaivir in terms of MLC Ex.PW4/A.
16. PW5 is Shri Naresh Chand, LDC in the Office of Transport SC No.06/13 Page 7 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan Authority, Janakpuri, who has proved the ownership of the motorcycle bearing no.DL4SBT6422 vide Ex.PW5/A.
17. PW6 is Ct. Pawan Kumar who has deposed that on 16052011, he was posted as Constable in PS Najafgarh and on that day, he was deputed for arrangement duty at Delhi Gate, Najafgarh in connection with the demonstration organised by Bhartiya Janta Party along with Ct. Jaivir, ASI Mahender, HC Jasbir, Ct.Rajesh, Ct. Prem Munda and some other staff and he came back to PS at about 12 noon and went to the spot at 2 pm along with IO SI Paramjeet after receiving a call regarding the present incident and found Ct. Jaivir in injured condition and accused Sanjay was also got some injuries and both the accused persons were apprehended by the police officials and accused Sanjay @ Bihari along with Ct. Jaivir were sent to RTRM Hospital, Jaffarpur for treatment and examination. SI Paramjeet seized Pulsar motorcycle from the spot vide seizure memo Ex.PW6/A which was having different registration numbers on the number plates on the front and back sides. This witness has further deposed that IO also seized a hammer from the spot vide seizure memo Ex.PW6/B and IO SI Paramjeet prepared rukka and handed over the same to him for registration of FIR and after registration of FIR, he handed over original rukka and copy of FIR to the IO. This witness has further deposed that IO SI Paramjeet singh prepared site plan of the spot of incident in his presence and accused Sanjay and Sandeep Saini were arrested in his presence vide arrest memo Ex.PW6/C and SC No.06/13 Page 8 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan Ex.PW6/E respectively and their personal search was conducted vide memo Ex.PW6/D and Ex.PW6/F. This witness has also identified the case property namely hammer from which the injury was inflicted as Ex.P1 and uniform of Ct. Jaivir which he was wearing at the time of incident as Ex.P2 and the motorcycle which was seized by the IO in his presence as Ex.P3.
18. PW7 is Ct. Prem Munda who has also deposed on the lines of PW6 Ct. Pawan Kumar and had stated that he heard the cries of Ct. Jaivir and ran towards Ct. Jaivir and found that Ct. Jaivir had apprehended accused Sanjay and Ct. Jaivir told him that accused Sanjay had hit him on his head with a hammer and both the accused were apprehended by police party at spot and Ct. Jaivir and accused Sanjay were sent to hospital. The motorcycle of the accused was seized in his presence. The hammer was also seized in his presence. This witness has also identified the case property namely hammer (Ex.P1).
19. PW8 is Ct. Rajesh who has deposed on the lines of PW6 and PW7 and further deposed that at about 2 pm, a traffic jam occurred near the crossing and they dispersed in different directions in order to clear the traffic. He along with Ct. Prem Munda had gone in one direction and Ct. Jaivir had gone in another direction and after sometime, they heard the cries of Ct.Jaivir and they ran towards him and they found that crowd had gathered around Ct. Jaivir and Ct.
SC No.06/13 Page 9 of 23 SC No.06/13 FIR No.169/11PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan Jaivir was found bleeding from his head and a person was hitting him with fists and blows and another person was standing there with a hammer in his hand. PW8 had apprehended that person and another person who was beating Ct. Jaivir was apprehended by Ct. Prem Munda. In the mean time, Ct. Jaivir fell on the ground. After sometime, SI Paramjeet along with Ct. Pawan came at spot and they handed over the those two persons to them. Ct. Jaivir and one of those two persons were taken to hospital by Ct. Satyawan and Ct. Arvind in a police gypsy and thereafter, SI Paramjeet also left for RTRM hospital and accused Sandeep Saini was kept in his custody. Thereafter SI Paramjeet Singh returned to the spot after half an hour and handed over tehreer to Ct. Pawan for registration of FIR and FIR was lodged. In the mean time, Ct. Arvind brought the assailant, who had been taken to hospital to the spot and IO SI Paramjeet Singh arrested both the assailants and motorcycle and hammer were also seized by the IO. This witness has also identified the case property.
20. PW9 is Ct. Basti Ram, who deposed that on 11072011 on the direction of SI Paramjeet, he took one sealed pulanda from MHC(M) and delivered the same at FSL Rohini and he got deposited acknowledgment from the FSL in the malkhana. This witness has further deposed that on 02082011, on the directions of SI Paramjeet Singh, he took another sealed pulanda from MHC(M) and delivered the same at FSL Rohini and he got deposited acknowledgment from the FSL in the malkhana.
SC No.06/13 Page 10 of 23 SC No.06/13 FIR No.169/11PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan
21. PW10 is SI Satyaveer who had deposed that on 16052011 on the basis of rukka brought by Ct. Pawan, he registered FIR No.169/11 u/s 307/186/353/34 IPC and proved photocopy of FIR as Ex.PW10/A and his endorsement on rukka as Ex.PW10/B.
22. PW11 is Ct. Dev Raj who deposed that on 1752011, he along with SI Paramjeet Singh and accused Sanjay went to his jhuggi no.P22, Gaushala Road, Najafgarh, New Delhi and he got recovered a polythene bag after digging into the floor of the jhuggi beneath a cot containing a revolver which on checking was found containing four live cartridges and SI Paramjeet prepared their sketch and proved the same as Ex.PW11/A and thereafter he seized the same vide seizure memo Ex.PW11/B. FSL form was also filled in and pullandas were deposited in the malkhana.
23. PW12 is Dr. Parvinder Singh who deposed that on 23072011, IO SI Paramjeet Singh produced one sealed pulanda before him for subsequent opinion which was containing a hammer and on examination of the hammer and on perusal of original MLC of the injured, he opined that injuries mentioned in the MLC could have been possible by the said hammer or by any other weapon of similar shape and dimensions. This witness has further deposed that he prepared the sketch of the hammer and proved the same as Ex.PW12/A and his detailed opinion as Ex.PW12/B. SC No.06/13 Page 11 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan
24. PW13 is Dr.L.R. Richhele, Consultant Radiology, RTRM Hospital, who deposed that he examined the XRay film of patient Jaivir and gave his opinion that there was a depressed fracture on right parietal bone of the patient and he did not have any bony injury in nasal bone and proved his opinion as Ex.PW13/A.
25. PW14 is Ct.Satyawan who was deputed on patrolling duty on 16052011 along with HC Ajmer and HC Ajmer received an information from the PS that a constable has been injured at Delhi Gate and they reached at the spot and found Ct. Jaivir present there in injured condition and on the direction of IO SI Paramjeet, he took Ct. Jaivir to RTRM Hospital where he was admitted and from the hospital, he went to PS.
26. PW15 is SI Paramjeet Singh who has deposed that on 16052011, on receiving DD No.45B, he along with Ct. Pawan reached at spot where ASI Mahavir, Ct. Prem Munda, Ct. Jaivir and other staff were present there. Ct. Jaivir had sustained injuries and his uniform was torn and two boys had been apprehended one was being held by Ct. Prem Munda and one by Ct. Jaivir and a Bajaj Pulsar motorcycle having registration no.DL4SCB 6422 on the front side and registration no.DL4SC 4220 on its rear side. The names of persons so apprehended were disclosed as Sandeep Saini and Sanjay @ Bihari and Ct. Prem Munda produced a blood stained hammer with which SC No.06/13 Page 12 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan the accused Sanjay @ Bihari had hit Ct.Jaivir. In the mean time, SHO reached at spot. This witness has further deposed that he sent Ct. Jaivir and accused Sanjay Bihari to RTRM Hospital in the vehicle of the SHO along with Ct. Satyawan and another Constable. Thereafter he left Ct. Pawan at the spot and himself went to the hospital and recorded the statement of Ct. Jaivir after getting endorsement Ex.PW15/A. Thereafter he again returned to spot and prepared rukka and got the FIR registered through Ct. Pawan and the investigation of the case had been entrusted to him. Thereafter he prepared rough site plan Ex.PW15/B and seized the hammer vide Ex.PW6/B and motorcycle vide Ex.PW6/A and arrested accused Sandeep Saini vide arrest memo Ex.PW6/E. This witness has further deposed that he again went to the RTRM Hospital and seized the uniform of Ct. Jaivir which he was wearing at the time of incident vide seizure memo Ex.PW2/B and he also seized blood samples of Ct. Jaivir vide Ex.PW15/C which were handed over to him by the doctor in a sealed pulanda along with sample seal and he again went to spot. Thereafter he arrested accused Sanjay @ Behari vide arrest memo Ex.PW6/C and he also recorded the disclosure statements of both the accused Sanjay @ Behari & Sandeep Saini vide memos Ex.PW15/D and Ex.PW15/E respectively. Thereafter accused Sanjay @ Behari got recovered a country made pistol along with cartridges from his residence which were seized by this witness. Thereafter they returned to PS and case property was deposited in the malkhana, accused were put up in the lock up and statement of witnesses were also SC No.06/13 Page 13 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan recorded. Thereafter on 1752011, both the accused were produced before the court and they were sent to JC. Exhibits were sent to FSL for forensic examination, ownership of the motorcycle was got verified from RTO. This witness has also collected MLC of injured Ct. Jaivir and obtained the subsequent opinion from Dr. Parminder, Forensic Expert regarding the hammer. This witness has also obtained the sanction in a complaint u/s 195 Cr.P.C. from the then ACP Najafgarh Shri Narain Singh. After completion of investigation, he submitted charge sheet before the concerned court. This witness has also identified the case property.
27. PW16 is ACP Narain Singh who deposed that on application of SI Paramjeet, he accorded sanction u/s 195 Cr.P.C. running into five pages for prosecution of accused persons u/s 307/186/482/353/333/34 IPC and proved the same as Ex.PW16/A.
28. PW17 is HC Karamveer Singh who deposed that on 1652011, he was working as MHC(M) and IO deposited three sealed pulandas with him regarding which he made entry in register no.19 at serial no. 3574/11 and proved the same as Ex.PW17/A, on 2372011 IO deposited one sealed pulanda sealed with the seal of RTRM hospital containing blood sample of Ct. Jaivir along with sample seal with him regarding which he made entry in register no.19 at serial no.3679 and proved the same as Ex.PW17/B. On 1172011, one sealed pulanda sealed with the seal of PL was sent to FSL Rohini vide RC No.45/21/11 SC No.06/13 Page 14 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan through Ct. Baste Ram on the directions of IO regarding which an entry was made in register no.19 on Ex.PW17/A, photocopy of RC no. 45/21/11 is Ex.PW17/C. After depositing pulanda Ct. Basti Ram handed over the acknowledgement issued by FSL Rohini which he pasted in register no.21 and photocopy of which is Ex.PW19/D.
29. On 0282011, three sealed pulanda out of which two were sealed with the seal of RTRM Hospital and one with the seal of PL were sent to FSL Rohini vide RC No.59/21/11 through Ct. Basti Ram on the directions of IO regarding which an entry was made in register no.19 on Ex.PW17/A, photocopy of RC no.59/21/11 is Ex.PW17/E. After depositing pulanda Ct. Basti Ram handed over the acknowledgement issued by FSL Rohini which he pasted in register no.21 and photocopy of which is Ex.PW19/F. It is further stated that on 25102011, one sealed report sealed with the seal of FSL, Delhi was received regarding which he made an entry on Ex.PW17/A from point C to C. It is further stated that on 2722012, three sealed pulandas sealed with the seal of FSL BD Delhi were received from FSL Delhi through IO SI Paramjeet Singh along with sealed report. The sealed report was handed over to SI Paramjeet Singh and pulandas were deposited in the malkhana regarding which an entry was made on Ex.PW17/A from point D to D.
30. DW1 is accused Sanjay Kumar @ Bihari, who has deposed that on 16.05.2011, he had taken liquor at Tuda Mandi, Najafgarh and SC No.06/13 Page 15 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan started walking towards Delhi Gate, Najafgarh and he found many police personals present at Delhi Gate, Najafgarh and at that time, some police officials caught hold of him and stated that he appeared to be thief and, thereafter, he was beaten mercilessly by the police officials and he became unconscious and regained the same in RTRM hospital and, thereafter, 45 police officials took him to PS Najafgarh and later on he was falsely implicated in 89 cases including the present case.
31. DW2 is Dr. S.Das, who has deposed that on 16.05.2011, he had examined one Sanjay vide MLC No. 1888/11 and proved the same as Ex. DW2/A and during examination, he had noticed following injuries on the body of the patient:
1. Bleeding from mouth.
2. Lacerated wound on right angle of upper lip.
3. Swelling and tenderness present on left foot.
4. Bruise on left side back of shoulder.
5. Multiple scratch marks present on back.
32. The injured witness PW2 Jaivir Singh deposed that he was on duty on 16.05.2011 at Delhi Gate, Najafgarh and at about 2:00 pm, he turned after having water and saw that accused persons with muffled faces were coming on a motorcycle and on suspicion, he tried to stop them but initially the person who was driving the motorcycle slowed down the same but immediately accelerated the SC No.06/13 Page 16 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan speed but PW2 caught hold of the pillion rider and said motorcycle fell down and PW2 asked from them regarding documents but they accosted him by saying that they are not thieves and accused Sanjay Bihari took out a hammer from under his pant and hit him on his nose, chin and head and PW2 became unconscious and he regained the same in RTRM hospital where IO Paramjit Singh recorded his statement Ex. PW2/A and his blood stained clothes/dress was seized vide Ex. PW2/B. PW2 also identified the hammer with which he was hit by accused Sanjay Bihari as Ex. P1, dress worn by him on the day of incident as Ex. P/2 and motorcycle on which accused persons were riding as Ex. P3.
33. During cross examination, PW2 stated that he reached Delhi Gate, Najafgarh at about 2:00 pm and no barricade were installed at the spot of incident and fourfive police officials were also present and the said motorcycle on which accused persons were riding was having different number plates on the front and rear sides. He denied the suggestion that he received injuries on his body by falling but stated that he received injuries by hammer hit on him by accused Sanjay @ Bihari. Nothing in cross examination could be elicited by accused which could cause any doubt about the creditworthiness of this witness.
34. The testimony of this witness is further corroborated by PW7 Prem Munda who had deposed that on 16.05.2011, he was SC No.06/13 Page 17 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan present on duty at Delhi Gate, Najafgarh alongwith PW2, PW8 and other police official and he heard cries of PW2 and he ran towards PW2 Jaivir and PW2 told him that accused Sanjay had hit him on his head with a hammer and both accused persons were apprehended and accused Sanjay also received injuries and both PW2 Jaivir and accused Sanjay were sent to RTRM hospital and accused persons were arrested and motorcycle and hammer were seized. In cross examination, nothing could be elicited which may cause any doubt in the prosecution story.
35. The testimony of PW2 and PW7 is further corroborated by PW8 Rajesh who has deposed that on 16.05.2011, he was present on Delhi Gate, Najafgarh alongwith PW2 Jaivir and PW7 Prem Munda alongwith other police officials and he heard cries of PW2 Jaivir and he approached PW2 and found that one accused was hitting Const. Jaivir with fist blows and accused Sanjay @ Bihari was standing with a hammer in his hand and accused waived the said hammer towards PW8 Rajesh but both accused persons were apprehended and handed over to IO Paramjeet Singh, who had arrested them and seized the motorcycle and hammer and sent PW2 Jaivir Singh and accused Sanjay @ Bihari to RTRM hospital.
36. IO/SI Paramjeet has supported and corroborated the testimony of police witnesses as well as injured witnesses so far as arrest of the accused persons and recovery of articles i.e hammer and SC No.06/13 Page 18 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan motorcycle having different number plates on front and rear side. The ocular testimony of PW2 Jaivir Singh and other PWs is corroborated by medical evidence as PW4 has deposed that PW2 Jaivir Singh had received injuries in terms of MLC Ex. PW4/A and nature of those injuries is opined to be grievous and dangerous and PW13 Dr. L.R.Richhele, who had examined the xrays films of PW2 Jaivir has opined that there was a depressed fracture on right parietal bone of PW2 and furthermore PW12 Dr. Parminder Singh has opined that injuries sustained by PW2 could have been inflicted by the hammer with which accused Sanjay @ Bihari had hit PW2.
37. It may be relevant to mention here that while appreciating the evidence of a witness, the approach must be whether the evidence of a witness read as a whole appears to have a ring of truth. Once that impression is formed, it is undoubtedly necessary for the court to scrutinize the evidence more particularly keeping in view the deficiencies, drawbacks and infirmities pointed out in the evidence as a whole and evaluate them to find out whether it is against the general tenor of the evidence given by the witnesses and whether the earlier evaluation of the evidence is shaken as to render it unworthy of belief.
38. So far as defence evidence is concerned. Accused has not been successful in doubting the case of the prosecution, as far as injuries inflicted by the accused persons on the injured person Const.
SC No.06/13 Page 19 of 23 SC No.06/13 FIR No.169/11PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan Jaivir, othwerwise, accused Sanjay @ Bihari had admitted his presence at the spot being under the influence of the liquor. As per prosecution story, he has also been got injured in the scuffle and his MLC was got prepared at the RTRM hosptil and DW2 has also proved the MLC of the accused. So the DE led by the accused Sanjay @ Bihari is of no consequence as it is not going to cause any dent in the prosecution story.
39. The only contention raised during the course of arguments by counsel for the defence is that as per PW2, accused persons were in muffled face and PW2 has even failed to identify accused Sandeep Saini @ Sharwan in the court and only on the testimony of police official, no conviction could be recorded. But this contention appears to be attractive but the same is fallacious and is hereby rejected in as much as PW2 has identified accused Sanjay @ Bihari as the person who had hit him with a hammer and PW2 when cross examined by State counsel after being declared hostile so far as identify of accused Sandeep Saini @ Sharwan and PW2 identified accused Sandeep Saini @ Sharwan as the person driving the motorcycle on the fateful day. Apart from this, PW7 Prem Munda and PW8 Const. Rajesh have identified both the accused persons as perpetrator of crime and accused persons were apprehended on the spot.
40. So far as, testimony of police witnesses is concerned, it is SC No.06/13 Page 20 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan relevant to mention here that conviction can be recoded on the sole testimony of police witnesses, if the said testimony is found reliable and credit worthy. The testimony of police personnel have to be treated in the same manner as testimony of any other witnesses and there is no principle of law that without corroboration by independent witnesses their testimony cannot be relied upon. The presumption that a person acts honestly applies, as much in favour of police personnel as of other person and it is not a proper judicial approach to distrust and suspect them without good ground. It will all depend upon the facts and circumstances of each case and no principle of general application can be laid down as held in Karanjit Singh vs. State (Delhi Admn) 2003 5 SCC 291, C.Ronald & Anr. Vs. Union Territory of Andaman & Nicobar Islands, (2001) 1 SCC (Crl.).
596. In Sunil Clifford Daniel vs. State of Punjab, 2012 11 SCC 205, Apex Court referred to State Govt. of NCT of Delhi vs. Sunil and Anr., (2001) 1 SC 652, wherein Court held as under:
21. We feel that it is an archaic notion that actions of the police officer should be approached with initial distrust..........At any rate, the court cannot stat with the presumption that the police records are untrustworthy. As a proposition of law the presumption should be the other way round. That official acts of the police have been regularly performed is a wise SC No.06/13 Page 21 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan principle of presumption and recognised even by the legislature. Hence when a police officer gives evidence in court that a certain article was recovered by him on the strength of the statement made by the accused 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 crossexamination of witnesses or through any other materials, to show that the evidence of the police officer is either unreliable or at least unsafe to be acted upon in a particular case. If the court has any good reason to suspect the truthfulness of such records of the police the court could certainly take into account the fact that no other independent person was present at the time of recovery. But it is not a legally approvable procedure to presume the police action as unreliable to start with, nor to jettison such action merely for the reason that police did not collect signatures of independent persons in the documents made contemporaneous with such action."
41. In the present case, police witnesses are not only eye SC No.06/13 Page 22 of 23 SC No.06/13 FIR No.169/11 PS: Najafgarh State Vs. Sanjay @ Bihari and Sandeep Saini @ Sharwan witnesses but one police witness is an injured witness and I found no reason to disbelieve the testimony of police witnesses. Record reveals that no illwill or animus has been alleged against any of the police officials for which reason they will falsely implicate the accused.
42. From the above discussion, I am of the opinion that accused Sanjay @ Bihari and Sandeep Saini @Sharwan deserve to be convicted and are hereby convicted for the offence under section 307/186/353/333/482/34 IPC .
43. Put up for order on sentence on 26.07.2013.
Announced in the open court (Vijay Kumar Dahiya) th on the 20 Day of July 2013 ASJ/ Dwarka Courts New Delhi/20.07.2013 SC No.06/13 Page 23 of 23