Delhi District Court
State vs Jaswant Singh @ Jassu /Fir No. 1533/07 on 1 April, 2011
:1:
THE COURT OF SHRI SANJAY KUMAR,
ADDITIONAL SESSIONS JUDGE - 01,
DISTRICT NORTH WEST, ROOM NO. 308,
ROHINI COURTS, DELHI
SC No. 217/2008
FIR No. 1533/07
PS : SULTAN PURI
U/s. 307/353/186 IPC
& 25/27 ARMS ACT
STATE
VERSUS
JASWANT SINGH @ JASSU
S/O. DHYAN SINGH
R/O HOUSE NO. 9717, GALI NO. 8,
MULTANI DHANDA, DELHI.
Date of Institution : 12.01.2008
Date of receipt of case in this court : 12.12.2008
Arguments heard On : 29.03.2011
Order Announced On : 01.04.2011
SHRI P.K. VERMA, APP FOR THE STATE.
MS. SADHANA BHATIA, ADVOCATE, AMICUS CURIAE
FOR THE ACCUSED.
JUDGMENT
STATE VS JASWANT SINGH @ JASSU /FIR NO. 1533/07 PSSULTANPURI//U/S. 307/353/186 IPC & 25/27 ARMS ACT. :2:
1. In brief the facts of the case are that on 15.11.2007, Sub Inspector Crime Branch, Prashant Vihar received a secret information at about 2.30 pm that accused Jaswant Singh @ Jassu involved in a murder case may come at Sector-24, Rohini to meet his associate Vicky at about 4.00 pm and also carrying some arms with intention to kill Raju @ Hakla, the leader of opposite gang. On this information, after informing Ins. K.P. Singh and ACP, Special Staff, DD no. 4 Ex. PW-3/A was recorded. A raiding party consisting of SI Bhaskar Sharma, ASI Ravinder, HC Lakvinder, HC Rajeev, HC Pavitra, Ct. Devender and Ct. Sanjay prepared. All members along with secret informer left in a private qualis car and on the way requested 7/8 passersby to join the investigation, but none joined the raiding party. No notice given due to shortage of time.
2. The secret informer and raiding party member reached opposite Delhi Institute of Advance Studies, Main Road, Sector-24, Rohini and surrounded the place. At about 4.10 pm, accused came from the Rithala Metro Station Side STATE VS JASWANT SINGH @ JASSU /FIR NO. 1533/07 PSSULTANPURI//U/S. 307/353/186 IPC & 25/27 ARMS ACT. :3: and on the pointing out of secret informer, when accused was waiting under a tree and started walking towards Red light, members of the raiding party surrounded him. Accused became suspicious and started running and took out a country-made pistol and fired at Sanjay, who saved himself and overpowered. Meanwhile, other members also reached and apprehended the accused.
3. A country made pistol recovered along with one live cartridges. A crowd was also gathered, but on requesting, none joined the proceedings. One empty cartridge also recovered. Sketch of country made pistol and live cartridge prepared. It was measured and then sealed in a cloth parcel. FSL form was also filled up. A rukka was prepared and sent through HC Lakhvinder for registration of the FIR at PS Sultan Puri. SI Sanjay Kumar was sent for further investigation. SI Sanjay Kumar took over the custody of accused and all documents. He prepared site plan and recorded statements of the witnesses. Later on, he deposited the case property in the Malkhana. After STATE VS JASWANT SINGH @ JASSU /FIR NO. 1533/07 PSSULTANPURI//U/S. 307/353/186 IPC & 25/27 ARMS ACT. :4: investigation, charge sheet filed for trial of offences under Sections 307/353/186 IPC and 25/27 Arms Act.
4. Ld. A.C.M.M. vide order dated 30.01.2008 took the cognizance of the offence under section 307/353/186 IPC and 25/27 Arms ACt. After compliance under section 207 Cr.P.C. present case was committed to the court of Sessions.
5. Vide order dated 20.03.2008 charge was framed by my learned Predecessor for trial of offence under section 307/353/186 IPC and 25/27 Arms ACt against accused to which he pleaded not guilty and claimed trial.
6. The prosecution in support of present case examined PW-1 HC Lakhvinder, PW-3 Ins. Bhaskar Sharma, PW-4 Ct. Sanjay and PW-9 Ins. Sanjay Kumar, members of the raiding party and Investigation officer. PW-2 Sh. K.C. Varshney, Asstt. Director, FSL who examined the recovered country made pistol and cartridges and prepared report Ex. PW-2/A. PW-5 Sanjay Bhatia, Addl. DCP proved the STATE VS JASWANT SINGH @ JASSU /FIR NO. 1533/07 PSSULTANPURI//U/S. 307/353/186 IPC & 25/27 ARMS ACT. :5: complaint u/s 195 Cr.P.C. Ex. PW-6/A. PW-7 Madhup Tiwari, Addl. Commissioner of Police proved the sanction granted u/s 39 Arms Act Ex. PW-7/A. PW-8 HC Ramesh Kumar-MHCM.
7. Vide order dated 22.03.2011 on the statement of Addl. PP, prosecution evidence is closed.
8. Statement of accused recorded under section 313 Cr.P.C. Accused pleaded innocence and wished not to examine any witness in defence.
9. I have heard ld. Addl. PP for State, ld. Amicus Curiae and perused the record.
10. Prosecution in this case examined the members of raiding party PW-1 HC Lakhvinder, PW-3 Inspector Bhaskar Sharma, who was heading the raiding party, PW-4 Constable Sanjay and PW-9 Inspector Sanjay Kumar, who was the second Investigation Officer. The raiding party witnesses testified that on 15.11.2007 on receiving secret information STATE VS JASWANT SINGH @ JASSU /FIR NO. 1533/07 PSSULTANPURI//U/S. 307/353/186 IPC & 25/27 ARMS ACT. :6: by PW-3 Sub-Inspector Bhaskar Sharma, a raiding party was prepared and as per secret information, they surrounded the area near Delhi Institute of Advanced Studies around 3.30 PM. Accused spotted by the secret informer around 4.10 PM near Red Light and then, the accused started moving towards Rithala Station. On seeing the police party, accused fired from a country made pistol at Constable Sanjay. Accused was overpowered by Constable Sanjay and other police staff and apprehended him. The country made pistol, one live and one empty cartridges were recovered. The sketch of country made pistol, live cartridge and empty cartridge proved vide Ex. PW-1/A and the FSL Form also filled up by PW-3 Bhaskar Sharma. The country made pistol and cartridges were seized vide memo Ex. PW-1/B. The accused was arrested vide memo Ex. PW-1/C and his personal search was conducted vide memo Ex. PW-1/D. The disclosure statement made by him vide Ex. PW-1/E but this disclosure statement was not concerned to the present case. These witnesses also identified the country made pistol Ex. P-1 and two empty cartridges Ex. P-2.
STATE VS JASWANT SINGH @ JASSU /FIR NO. 1533/07 PSSULTANPURI//U/S. 307/353/186 IPC & 25/27 ARMS ACT. :7:
11. In the cross-examination, these witnesses highlighted that crowd and public persons gathered there nut none joined the proceedings. PW-4 Constable Sanjay is the witness at whom the fire was pointed out by the accused. As per prosecution story, the accused came there to kill another person named Raju @ Hakla of opposite gang but no further investigation carried out on this point. Another important aspect is that when he had came there to kill another person, he was carrying only two cartridges, out of which, one fired by him and other recovered from his pocket in live condition. In the site plan Ex. PW-9/A, no point is shown where the remaining part of cartridge was lying, from which, PW-4 Constable Sanjay saved himself. The site plan Ex. PW-9/A and PW-9/B are both signed by only one witness PW-4 Constable Sanjay and no other member of the raiding party signed these site plans. The site plan Ex. PW-9/B has no concern with the present case. The testimony of the members of raiding party creates doubt about the firing incident at PW-4 Constable Sanjay. However, these witnesses established that the accused was apprehended STATE VS JASWANT SINGH @ JASSU /FIR NO. 1533/07 PSSULTANPURI//U/S. 307/353/186 IPC & 25/27 ARMS ACT. :8: and a country made pistol and a live cartridge were recovered from his possession. However the ingredients of Section 307 IPC are not proved beyond reasonable doubt. The testimony further failed to prove that accused obstructed the police party from discharging their duties or police functions as the firing incident is doubtful. The ingredients of offence under Section 353 IPC also not established beyond reasonable doubt whether accused assaulted or used criminal force to deter police party from discharging their duties. However, the recovery of country made pistol without legal licence and one live cartridge is proved and established by prosecution beyond reasonable doubt.
12. Hence, on the basis of above observation and discussion, the accused is convicted for the offence punishable under Section 25 of Arms Act. However, the accused is acquitted of the offence under Section 307/353/186 IPC. File be consigned to Record Room. Announced in the open court (SANJAY KUMAR) today i.e. 01.04.2011. ASJ-01 (NW),ROHINI COURTS: DELHI STATE VS JASWANT SINGH @ JASSU /FIR NO. 1533/07 PSSULTANPURI//U/S. 307/353/186 IPC & 25/27 ARMS ACT. :9: THE COURT OF SHRI SANJAY KUMAR, ADDITIONAL SESSIONS JUDGE - 01, DISTRICT NORTH WEST, ROOM NO. 308, ROHINI COURTS, DELHI SC No. 217/2008 FIR No. 1533/07 PS : SULTAN PURI U/s. 307/353/186 IPC & 25/27 ARMS ACT STATE VERSUS JASWANT SINGH @ JASSU S/O. DHYAN SINGH R/O HOUSE NO. 9717, GALI NO. 8, MULTANI DHANDA, DELHI.
Date of Institution : 12.01.2008 Date of receipt of case in this court : 12.12.2008 Arguments heard On : 29.03.2011 Order Announced On : 01.04.2011 Order on Sentence Announced On : 01.04.2011 SHRI P.K. VERMA, APP FOR THE STATE.
MS. SADHANA BHATIA, ADVOCATE, AMICUS CURIAE FOR THE ACCUSED.
ORDER ON SENTENCE STATE VS JASWANT SINGH @ JASSU /FIR NO. 1533/07 PSSULTANPURI//U/S. 307/353/186 IPC & 25/27 ARMS ACT. :10:
1. Ld. counsel for convict submits that convict is aged about 32 years and belongs to poor family. He is married and having one son aged 4 years, who is living with his old aged mother. He is also having a younger brother, who is missing for the last six months. Convict was working as a Salesman and only bread earner of his family. Ld. Counsel for convict further submits that the police has prepared false record of involvement in other cases and he is in judicial custody for the last more than four years. Therefore, lenient view of the matter may be taken.
2. On the other hand, Sh. P.K. Verma, Ld. Addl. PP for the State submits that convict is involved in several criminal cases and in FIR No. 43/2007 u/s. 302/34 IPC PS Anand Parbhat, he has been sentenced to Life Imprisonment. Therefore, he may be awarded maximum punishment.
3. I have heard both the parties and have perused the record.
STATE VS JASWANT SINGH @ JASSU /FIR NO. 1533/07 PSSULTANPURI//U/S. 307/353/186 IPC & 25/27 ARMS ACT. :11:
4. Keeping in view the totality of the circumstances as the convict is serving sentence in FIR No. 43/2007 u/s. 302/34 IPC PS Anand Parbhat for life and also involved in ten other criminal cases bearing FIR No. 244/97 u/s. 25 Arms Act PS Anand Parbhat, FIR No. 236/00 u/s. 25 Arms Act PS Anand Parbhat, FIR No. 247/00 u/s. 25 Arms Act PS Anand Parbhat, FIR No. 271/02 u/s. 25 Arms Act PS Anand Parbhat, FIR No. 195/03 u/s. 27 Arms Act PS Moti Nagar, FIR No. 336/04 u/s. 25 Arms Act PS Anand Parbhat, FIR No. 51/98 u/s. 308/34 IPC PS Anand Parbhat, FIR No. 146/03 u/s. 324/451/34 PS Anand Parbhat, FIR No. 43/07 u/s. 302 IPC PS Anand Parbhat (wanted) and FIR No. 103 u/s. 392/397 IPC PS RMD. Hence, I award sentence under section 25 Arms Act to convict to undergo Rigorous Imprisonment for a period of three years.
5. Benefit of section 428 Cr.P.C. shall be given to the convict. Copy of judgment and order on sentence be supplied free of cost. File be consigned to record room. Announced in the open court (SANJAY KUMAR) today i.e. 01.04.2011 ASJ-01 (NW),ROHINI COURTS: DELHI.
STATE VS JASWANT SINGH @ JASSU /FIR NO. 1533/07 PSSULTANPURI//U/S. 307/353/186 IPC & 25/27 ARMS ACT.