Delhi District Court
In Re: State vs Kamaljit @ Bittoo on 2 April, 2011
IN THE COURT GAURAV RAO: METROPOLITAN MAGISTRATE:
SAKET COURTS: DELHI
In Re: STATE VERSUS KAMALJIT @ BITTOO
F.I.R. No: 131/09
U/s 25 & 27 of the Arms Act
P.S. Lodhi Colony
Date of Institution of Case : 24.12.2009
Date of Judgment Reserved for : 02.04.2011
Date of Judgment : 02.04.2011
JUDGMENT:
(a) The serial no. of the case : 179/1/09
(b) The date of commission of offence : 31.07.2009
(c) The name of complainant : HC Satender Yadav
(d) The name, parentage of accused : Kamaljit s/o Jagdish Chopra, r/o 30A/2, Shastri Marg, Gali no. 1, Mauj Pur, New Delhi.
Permanent Address : As above (e) The offence complained of : U/s 25 and 25 Arms Act FIR No. 131/09 1/4 (f) The plea of accused : Pleaded guilty (g) The final order : Convicted (h) The date of such order : 02.04.2011
Brief statement of the reasons for the decision:
In brief the case of the prosecution is that on 31.07.2009 at about 3:30 p.m at Opposite church, Lodhi Colony within the jurisdiction of police station Lodhi Colony, accused Kamaljit was found in possession of one pistol loaded with 9 live cartridges without any permit or licence and in contravention of notification issued by Delhi Administration and further he wielded the said weapon towards the police official and thereby the accused committed offence u/s 25 and 27 of Arms Act.
2. Charge sheet filed in the court and in compliance of Section 207 accused was supplied the documents. Thereafter vide order dated 03.06.2010, charge u/s 25 (1) (b) and 27 of the Arms Act 1959 was framed against accused to which he pleaded not guilty and claimed trial.
3. In order to prove the charges against the accused, prosecution so far FIR No. 131/09 2/4 examined five witnesses. Today after the cross examination of PW2 Ct.
Umesh accused moved an application for voluntarily pleading guilty regarding which his separate statement was recorded.
4 Apart from the voluntarily plea of guilt all the prosecution witnesses have deposed consistently against the accused. They have corroborated each other and proved the incident dated 31.07.2009.
5 FIR was proved by HC Rajbir Singh along with the ruqqa as Ex.
PW1/A and Ex. PW1/B. 6 PW2 HC Balbir Singh, PW3 HC Sachin and PW4 HC Vinod who were on patrolling duty and who had apprehended the accused on 31.07.2009 have categorically proved that on the said date at about 7:30 p.m. at near church Lodhi Colony upon a secret information they apprehended accused Kamaljit who was coming on a motorcycle and at that time accused took out a pistol and pointed it out towards them and threatened them. However, somehow he was overpowered and the alleged pistol snatched from him and seized. All Pws have categorically proved the arrest of the accused as well as the recovery of the alleged weapon vide FIR No. 131/09 3/4 documents Ex. PW2/A to Ex. PW2/D respectively. They also established the identity of the accused as well as identify the weapon as P1.
7 Hence, in view of the deposition of PWs, as well as the voluntarily plea of guilt of the accused he is held guilty u/s 25 (1) (b) and 27 of the Arms Act 1959.
Let he be now heard on the point of sentence separately.
Announced in the open (Gaurav Rao)
court on 02.04.2011 MM (S)/Delhi
FIR No. 131/09 4/4
02.04.2011
State Vs Kamaljit
FIR No: 131/09
PS : Lodhi Colony
U/s : 25 and 27 of the Arms Act.
Present:- Ld APP for the State.
Accused is present along with counsel Sh. Tej Narain from DLSA.
Vide separate judgment announced today accused has been convicted for offence u/s 25 and 27 of the Arms Act.
I have heard the Ld counsel for the convict and the Ld APP for the State on he point of sentence. Taking into account the age of the accused, the fact that he is in JC since 31.07.2009 till date i.e. for the last almost 20 months benefit of section 428 Cr.P.C. is given to the accused and he is sentenced to period already undergone.
I order accordingly.
Copy of this judgment be given to the accused free of cost.
File be consigned to Record Room.
Announced in the open (Gaurav Rao)
court MM (S)/Delhi
02.04.2011.
FIR No. 131/09 5/4
02.04.2011
State Vs Kamaljit
FIR No: 131/09
PS : Lodhi Colony
U/s : 25 and 27 of the Arms Act.
Present:- Ld APP for the State.
Accused is present along with counsel Sh. Tej Narain from DLSA.
PW2 Ct. Umesh is present. He has been cross examined and discharged.
Renotify the matter for RPE on 15.04.2011. At this stage, the accused has moved an application for voluntarily pleading guilty. His separate statement has been recorded as the same has been made without any force or coercion and out of his own free will.
Vide separate judgment announced today accused has been convicted for offence u/s 25 and 27 of the Arms Act.
File be consigned to Record Room.
(Gaurav Rao) MM (S)/Delhi 02.04.2011.
FIR No. 131/09 6/4