Delhi District Court
State vs . Pran Kishore & Ors. on 17 December, 2012
State Vs. Pran Kishore & Ors.
IN THE COURT OF SH. SACHIN SANGWAN:
METROPOLITAN MAGISTRATE CENTRAL-05, DELHI
STATE Vs. PRAN KISHORE & ORS.
FIR No. : 175/99
P.S. : Nabi Karim
Date of institution of case : 12.07.1999
Date of matter reserved for judgment : 04.12.2012
Date of judgment : 17.12.2012
JUDGMENT U/s 355 Cr. P.C.:
a) Date of offence : 29.05.1999
b) Offence complained of : U/s 12 Gambling Act
c) Name of complainant : SI Sandeep Sharma
d) Name of accused no.1 : Pran Kishore
his parentage, S/o Sh. Puran Chand,
local & permanent residence R/o: 33, Ram Nagar, Delhi.
Name of accused no.2 : Sohan Lal
his parentage, S/o Sh. Puran Lal,
local & permanent residence R/o: 28A, Ram Nagar,
Nabi Karim, Delhi.
e) Plea of accused : Pleaded not guilty.
f) Final order : Acquitted
FIR No. 175/99 Page No. 1 of 10
State Vs. Pran Kishore & Ors.
BRIEF FACTS OF THE CASE:
1. As per the case of prosecution on 29.05.1999 at 01.30 p.m. at Shop No. 7797, Hotel Love Kush, AK Road, PS Nabi Karim, Delhi accused Pran Kishore and Sohal Lal were found gaming satta and thereby they committed offence U/s 12 Gambling Act.
2. Accordingly, on 12.12.2000 Charge U/s 12 Gambling Act was framed against both the accused persons to which they pleaded not guilty and claim trial.
3. In support of its case, prosecution examined 5 witnesses. A. Ct. Sanjeev Kumar was examined as PW1. This witness deposed that on 29.05.1999 he along with HC Tara Dutt, SI Sandeep Sharma and Ct. Rajender were on patrolling duty and at about 01.00 p.m. one secret information was received by the IO that a satta game is going on beneath Hotel Love Kush by two persons namely Sohan Lal and Pran Kishore. He deposed that on this information, IO prepared raiding team and asked few passersby to join the raiding party but they refused to do so. Thereafter, IO appointed Ct. Rajender as a bogus customer and handed over slip of 2/50 & 5/50 along with two notes of Rs.50/- which were duly signed by initials of the IO with the instruction to play a game on number 2 & 5 by bidding Rs. 50/- on each number and IO also sent the secret informer along with him with instructions to give a signal by flaring his hand on his head as and when the satta is struck. PW1 deposed that on reaching the spot, IO sent HC Tara Dutt to hear the deal between the bogus customer and the accused persons and they all were hidden behind a tempo. After some time, on receiving said signal from Ct. Rajender, all the raiding team members reached at the spot and found accused Sohan Lal present there and Rs. 2900/- were recovered on his FIR No. 175/99 Page No. 2 of 10 State Vs. Pran Kishore & Ors.
search which contained two fifty rupees notes (which were given to Ct. Rajender to play the satta with the accused persons). He further deposed that recovered amount of Rs. 2900/- including two notes of Rs. 50/- along with two slips Ex.P-1 and Ex.P-2 respectively were seized by the IO. He further deposed that both the accused persons were arrested and their personal search was conducted vide memo Ex.PW1/A and Ex.PW1/B. He further deposed that IO prepared rukka and got the case registered. This witness also identified the case property Ex.P-3 and Ex.P-4 collectively.
B. ASI Tara Dutt was examined as PW2. This witness deposed that on 29.05.1999 he along with Ct. Sanjeev and Ct. Rajender were present near Rachna Hotel when IO received secret information that a satta was being played in the basement of Hotel Love Kush by two persons namely Sohan Lal and Pran Kishore. He deposed that IO prepared raiding team and asked few passersby to join the raiding party but they declined. Thereafter, IO appointed Ct. Rajender as a decoy customer and handed over him a slip and asked him to play satta on number 2 & 5 and gave him two currency notes of Rs. 50/- each vide memo Ex.PW1/C. He deposed that Ct. Rajender gave the slip and money to accused Sohan Lal and got the number 2 & 5 noted to accused Pran Kishore and they gave signal to the police party which arrived at the spot. He further deposed that from the accused Sohan Lal they recovered amount of Rs. 2900/- including two notes of Rs. 50/- along with two slips Ex.P-1 and Ex.P-2 respectively which were given to him by Ct. Rajender. He deposed that case property was seized vide memo Ex.PW2/A and personal search of accused persons were conducted vide memo Ex.PW1/A and Ex.PW1/B. This witness also identified the case property Ex.P-3, Ex.P-4, Ex.P-5 and Ex.P-6 collectively.
FIR No. 175/99 Page No. 3 of 10C. HC Satpal Singh was examined as PW3. This witness has deposed that on 29.05.1999 he was working as Duty Officer in the PS Nabi Karim and on the basis of rukka brought by Ct. Sajeev, he registered the present case FIR No. 175/99 and handed over the original FIR to Ct. Sanjeev. This witness has exhibited the FIR as Ex.PW3/A. D. Ct. Rajender Kumar was examined as PW4. This witness has deposed that on 29.05.1999 he along with Ct. Sanjeev and HC Tara Dutt were on patrolling duty, meanwhile SI Sandeep Kumar received secret information that a satta being played in the shop below Hotel Love Kush by Sohan Lal and Pran Kishore. He deposed IO prepared raiding team and asked few passersby to join the raiding party but they declined. PW4 deposed that he was in civil uniform and was made a decoy customer. Thereafter, IO handed over him a slip on which number 2 & 5 with initial of IO and two currency notes of Rs. 50/- each and instructed him to play satta on number 2 & 5 and to make indication by putting his hand on his head after playing the satta. He deposed that HC Tara Chand and secret informer were also with him to hear conversation at a proper distance. He deposed after some time he made the indication and IO along with Ct. Sanjeev Kumar reached at the counter of shop no. 7797 and he narrated the whole story to the IO. Thereafter, on the general search of the accused two parchies and Rs. 2900/- including the two currency notes of Rs. 50/- which were handed over by PW4 were recovered. He further deposed that both the accused persons were apprehended, one parchi and two currency notes of Rs. 50/- were kept in an empty match box and converted into pulanda and sealed with the seal of TDS and the remaining recovered Rs. 2800/- and one small parchi and one paper Ex.P-2 on which satta numbers were written were also taken into police possession vide seizure memo FIR No. 175/99 Page No. 4 of 10 State Vs. Pran Kishore & Ors.
Ex.PW2/A. Parchi and two currency notes of Rs. 50/- were handed over vide memo Ex.PW1/C. He deposed that IO prepared rukka and registered the present case through Ct. Sanjeev Kumar and that both the accused persons were arrested and their personal search was conducted vide memo Ex.PW1/A and Ex.PW1/B. E. Complainant SI Sandeep Sharma was examined as PW5. This witness has deposed that on 29.05.1999 he was on patrolling duty at Hotel Rachna. HC Tara Dutt, Ct. Sanjeev and Ct. Rajender met him and in the meanwhile one secret information was received by him that a satta game is going on under Hotel Love Kush by two persons namely Sohan Lal and Pran Kishore. He deposed that on this information, he asked few passersby to join the raiding party but they refused to do so. He deposed that on this, raiding party was formed with the above staff and Ct. Rajender who was in civil dress was made bogus customer and he handed over two currency notes of Rs. 50/- and one parchi on which number 2/50 & 5/50 was written to Ct. Rajender vide memo Ex.PW1/C and he was instructed that he would put at stake on number 2 & 5, Rs. 50/- (each) and when the said money is taken on satta by the accused then he should make signal to them by moving his hand on his head. He deposed that at the spot he followed bogus customer and hide themselves behind a tempo and after sometime on the signal of customer Ct. Rajender he along with Ct. Sanjeev reached at the spot. PW5 further deposed that at the spot Ct. Rajender pointed out towards the accused Sohan Lal and told that '' he had given the aforesaid two currency notes of Rs. 50/- to the accused Sohan Lal and told to him that he should put them on satta on the number 2 & 5, on this accused Sohan Lal told him that if the number is succeeded in satta then he would pay nine times of the said money to him and if the number is not succeeded in satta then the said money would be seized and FIR No. 175/99 Page No. 5 of 10 State Vs. Pran Kishore & Ors.
accused Sohan Lal told to the other person (accused Pran Kishore) that he should write down the number on the parchi and the other accused Pran Kishore notes down the number on a white paper and accused Sohan Lal kept the parchi and aforesaid two notes of Rs. 50/- in the left pocket of his shirt." He deposed that on the formal search of accused Sohan Lal two parchies and Rs. 2900/- were recovered and during the formal search of accused Pran Kishore white paper was recovered. He deposed that he kept the parchi and currency notes of Rs. 50/- in an empty match box and converted it into pulanda and sealed it with the seal of TDS and the Rs. 2800/-, the other satta slip and the white paper were seized vide seizure memo Ex.PW2/A. He deposed that he prepared rukka Ex.PW5/A and got the FIR registered through Ct. Sanjeev Kumar, prepared site plan Ex.PW5/B. Thereafter, both the accused persons were personally searched vide memos Ex.PW1/A & Ex.PW1/B and they were arrested vide memo Ex.PW5/C & Ex.PW5/D.
4. Thereafter, prosecution closed its evidence and the incriminating circumstances was explained to both the accused persons. In his examination under Section 313 Cr. P.C. accused Pran Kishore denied his involvement in the commission of offence and stated that he has been falsely implicated in the present case by police officers and he submitted that accused Sohan Lal was running tea shop and he had to receive Rs. 1200/- from PW Tara Chand against the bill pending towards him for tea etc. Accused Sohan Lal has also denied his involvement in the commission of offence and he stated that he has been falsely implicated in the present case by police officers and he submitted that he was running tea shop and he had to receive Rs. 1200/- from PW Tara Chand against the bill pending towards him for tea etc. FIR No. 175/99 Page No. 6 of 10 State Vs. Pran Kishore & Ors.
In defence the accused persons examined Sh. Arvind Bhatia as DW1 who deposed that he was running a shop of photostate, STD and PCO and accused Pran Kishore was running a shop of painting of sign board and accused Sohan Lal was running a tea shop 3-4 years back prior to the present incident in front of his shop. ASI Tara Dutt was Beat Officer of their area and used to take tea etc from accused Sohan Lal and he has to pay about Rs. 1200/- against the tea bill to accused Sohan Lal. DW1 deposed that when accused Sohan Lal demanded the money from ASI Tara Dutt he refused to pay the amount, rather he threatened to implicate the accused in a false case. He deposed that on 29.05.1999, ASI Tara Chand visited the shop of accused Sohan Lal along with 2-3 police persons and falsely implicated him in the present case and also made slips of satta parchi.
DECISION OF THE CASE AND REASON THEREOF
5. After considering the facts and circumstances of the case, the Court has come to the conclusion that prosecution has failed to prove its case beyond reasonable doubts. The reason for aforesaid conclusion are as follows:
A. All the prosecution witnesses are police witnesses and no public witness has been cited as a prosecution witness. The time of incident is that of afternoon and the place of incident is stated to be a shop which is around ½ km from the police station. Though it is the case of prosecution that the accused persons were doing satta bazi but no other person except the accused persons were stated to be found at the spot of occurrence. Both the accused persons have been stated to be the person who were offering reward on satta but nobody else have been stated to be playing the said FIR No. 175/99 Page No. 7 of 10 State Vs. Pran Kishore & Ors.
satta. In view of aforesaid circumstances, the testimonies of the police witnesses have to be read with circumspection and caution. However, the testimonies of police witnesses are at variance with each other on material aspects and are not supported by the circumstantial evidence as well.
B. It is the case of prosecution that PW1, PW2, PW4 were on patrolling duty on 29.05.1999 when they received the secret information regarding the satta. However, no DD entry has been proved by prosecution to show that the said PWs were on patrolling duty at the said time and place, rather PW4 has stated that he did not make any departure entry while leaving the PS for patrolling duty. Thus, the testimony of the said witnesses fails to get support from the circumstantial documentary evidence.
C. It has been stated by PW4 that he was in civil uniform and PW2 Tara Dutt was also in civil uniform. It has been stated by the said PW that during patrolling they received the information and a raiding party was prepared. However, it has not been mentioned that said PWs went back to the police station to change their uniform. From the testimony it appears that PW4 and PW2 were in civil dress during the patrolling itself. Thus the said conduct of the PWs does not inspire confidence as the police officers ought to have been in their uniform while on patrolling.
D. There is a discrepancy regarding the place of occurrence as well. PW2 has stated that they had received the information that satta was being played in the basement of Hotel Love Kush by accused Pran Kishore and Sohan Lal. He has deposed that he and the decoy customer entered inside the basement. He has thereby implied that the place of occurrence was in basement. Whereas in his cross FIR No. 175/99 Page No. 8 of 10 State Vs. Pran Kishore & Ors.
examination PW5 has stated the place of incident as the shop no. 7797 under the Hotel Love Kush and he has stated that the shop no. 7797 is not situated in the basement of Hotel Love Kush but it is at the ground floor. This discrepancy raises further doubts in the case of prosecution.
E. It has been stated that accused Pran Kishore had written no. 2 & 5 on a white sheet. Same is Ex.P-2. It is to be noted that Ex.P-2 contains number of numerals written on the same which are allegedly satta numbers. However, the numbers 2/5, 2/50 & 5/50 which have been allegedly written by accused Pran Kishore are in a handwriting which appears very slow and it seems that the said fractions have been written with considerable efforts. The rest of the numbers are in free flow writing. Thus the writing of the said three fractions and the rest of the numbers on the said sheet appear to be written by different persons. In the view of aforesaid circumstances, doubts have arisen whether the said fractions/numbers were written in pursuance to gaming of satta numbers.
F. The defence of the accused is that the accused Sohan Lal was running a tea shop and he had not received Rs. 1200/- from PW Tara Dutt pending towards him for tea etc. He has submitted that he has been falsely implicated in the present case by PW Tara Dutt because of aforesaid reason. Though the accused has not led any documentary evidence to prove his defence, however, a defence witness has been examined who has supported the defence of the accused. In the view of aforesaid doubts in the case of prosecution the said defence of the accused can not be brushed aside.FIR No. 175/99 Page No. 9 of 10
State Vs. Pran Kishore & Ors.
G. The offence charged against the accused is that of Section 12 Delhi Public Gambling Act. The same is applicable on a person found gaming in any street, place or thoroughfare situated within the Union Territory of Delhi. In the present case, prosecution has not alleged that the gaming was carried out in any public place. Thus, the ingredients of Section 12 of Delhi Public Gambling Act 1955 are not made out on technical grounds as well.
In view of abovesaid offence both the accused persons are acquitted for the offence U/s 12 Gambling Act.
ANNOUNCED IN THE OPEN COURT (SACHIN SANGWAN)
TODAY ON 17th DECEMBER, 2012 MM-05(CENTRAL),DELHI
FIR No. 175/99 Page No. 10 of 10