Delhi District Court
1 State vs Kailash Mandal on 19 October, 2012
1 State Vs Kailash Mandal
FIR No.: 76/08
IN THE COURT OF SH. KISHOR KUMAR, METROPOLITAN
MAGISTRATE09 (OUTER) ROHINI COURTS : DELHI
JUDGMENT
STATE VS SUNDER LAL
(a) The FIR number of the case : 410/11
(b) Police Station : Vijay Vihar
(c) The date of commission of offence : 19.10.2011
(d) The name of complainant :
(e) The name of the accused : Sunder Lal S/o Ram Karan R/o H. no. E1/10, Budh Vihar PhI, Delhi.
(f) The offence complained of : u/s. 286 IPC & 9B of Explosive Act
(g) The plea of the accused : Plead guilty
(h) Date of Institution : 03.01.2012
(i) The date on which judgment was reserved : 19.10.2012
(j) The final order : Conviction
(k) The date of such order : 19.10.2012
(l) The Unique Identification Number : 02404R0002702012 Brief statement of the reasons for the decision:
1 The accused is facing trial for the offence punishable u/s.286 IPC and 9B of Explosive Act, 1884 on the allegations that on 19.10.2011 at about 7:30 PM at house No. E1/10, Budh Vihar, PhaseI, Delhi, accused was found in possession of large quantity of crackers and raw material pertaining to crackers weighing 460 kgs without any licence and that the act ...
2 State Vs Kailash Mandal FIR No.: 76/08 was so rash and negligent as to endanger human life.
2 Notice u/s.251 CrPC was served upon the accused and to the said notice, the accused pleaded guilty and did not claim trial. Learned counsel for the accused has prayed for a lenient view. 3 I find that the plea of the guilt of accused is bona fide without any pressure, coercion or threat from any corner. Accordingly, accused on his own plea of guilt is convicted under Section 286 IPC as well as under
Section 9B of Explosive Act, 1884.
Announced in the open court today i. e. on 19.10.2012 (KISHOR KUMAR) METORPOLITAN MAGISTRATE ROHINI COURT COMPLEX DELHI/ 19.10.2012 ...
3 State Vs Kailash Mandal FIR No.: 76/08 IN THE COURT OF SH. KISHOR KUMAR, METROPOLITAN MAGISTRATE09 (OUTER) ROHINI COURTS : DELHI ORDER ON SENTENCE STATE VS SUNDER LAL
(a) The FIR number of the case : 410/11
(b) Police Station : Vijay Vihar
(c) The date of commission of offence : 19.10.2011
(d) The name of complainant :
(e) The name of the accused : Sunder Lal S/o Ram Karan R/o H. no. E1/10, Budh Vihar PhI, Delhi.
(f) The offence complained of : u/s. 286 IPC & 9B of Explosive Act
(g) The plea of the accused : Plead guilty
(h) Date of Institution : 03.01.2012
(i) The date on which judgment was reserved : 19.10.2012
(j) The final order : Conviction
(k) The date of such order : 19.10.2012
(l) The Unique Identification Number : 02404R0002702012 19.10.2012 Present: Ld. Additional PP for the State.
Accused on bail with counsel Sh. B.P. Singh, LAC. It is submitted by learned Additional PP for the State that under the circumstances the convict may be granted maximum punishment for the charged offences whereas it is submitted by the learned counsel for LAC on behalf of convict that convict belongs to a very poor family and is a sole ...
4 State Vs Kailash Mandal FIR No.: 76/08 bread earner of his family and the only man to look after his family. Learned counsel for convict further submits that convict has clean past antecedents and never involved in any illegal activities except the present case and he belongs to a respectable family having deep roots in the society. Learned counsel for the convict undertakes that he will not commit the offence in future and prays for lenient view.
Keeping the facts and circumstances of the present case, the convict is hereby sentenced for the offence punishable u/s.286 IPC to pay a fine of Rs.1,000/ in default of payment of fine, simple imprisonment for 10 days. The convict is further sentenced for the offence punishable u/s.9B of Explosive Act to pay a further fine of Rs.3,000/, in default of payment of fine, simple imprisonment for 30 days.
Fine paid.
Copy of judgment and order on sentence be supplied to the convict free of cost.
File be consigned to records after due compliance. Announced in the open court today i. e. on 19.10.2012 (KISHOR KUMAR) METORPOLITAN MAGISTRATE ROHINI COURT COMPLEX DELHI/ 19.10.2012 ...
5 State Vs Kailash Mandal FIR No.: 76/08 ...
6 State Vs Kailash Mandal FIR No.: 76/08 FIR No. 410/11 PS Vijay Vihar State Vs. Sunder Lal 19.10.2012 Present: Ld. Addl. PP for the State.
Accused on bail with counsel Sh. B.P. Singh, LAC. I have perused the relevant record and find that a prima facie case for the offence punishable u/s.286 IPC as well as case for the offence punishable u/s.9B of Explosive Act is made out against the accused.
Accordingly, notice was served upon the accused to which he pleaded not guilty and claimed trial.
Vide my separate detailed judgment, the accused has been convicted for the offence punishable u/s.286 IPC and 9B of Explosive Act, 1884. Copy of the judgment be supplied to the accused free of cost as per law.
(KISHOR KUMAR) MM : Rohini/Delhi 19.10.2012 ...
7 State Vs Kailash Mandal FIR No.: 76/08 IN THE COURT OF SH. KISHOR KUMAR, METROPOLITAN MAGISTRATE09 (OUTER) ROHINI COURTS : DELHI JUDGMENT STATE VS KAILASH MANDAL
(a) The FIR number of the case : 76/08
(b) Police Station : Shahbad Dairy
(c) The date of commission of offence : 24.11.2008
(d) The name of complainant : Ct. Rama Rao
(e) The name of the accused : Kailash Mandal S/o Bateshwar R/o Jhuggi no. F530, Shahbad Dairy, Delhi.
(f) The offence complained of : 61/1/14 Excise Act (g) The plea of the accused : Plead not guilty (h) Date of Institution : 10.06.2009 (i) The date on which judgment was reserved : 03.10.2012 (j) The final order : Acquittal (k) The date of such order : 08.10.2012 (l) The Unique Identification Number : 02404R0122009
Brief statement of the reasons for the decision:
The prosecution story in brief is that on 24.11.2008 at about 7:15pm at BBlock, Shahbad Dairy Bus Stand near Jindal Public School within jurisdiction of Police Station Shahbad Dairy, accused Kailash Mandal was found in possession of one plastic katta containing 3 petties, which when further checked found containing 36 bottles of Bonded Liqour without any permit or licence of the same and thereby committed an office ...
8 State Vs Kailash Mandal FIR No.: 76/08 punishable u/s 61/1/14 Excise Act. The accused was arrested and charge sheeted for the offence punishable u/s 61/1/14 Excise Act.
2. The matter was investigated by the police and a charge sheet u/s 61/1/14 Excise Act was filed against the accused Kailash Mandal.
3. After perusal of the material on record, charge for offence punishable u/s 61/1/14 Excise Act was framed against the accused to which he pleaded not guilty and claimed trial.
4. In support of its case prosecution has examined as many as three witnesses namely HC Malwaram as PW1, HC Rama Rao as PW2 and HC Nahar Singh as PW3.
5. Thereafter, on closure of prosecution evidence, statement of accused under section 281 CrPC was recorded wherein all the incriminating material was put to the accused making him understand the same in his vernacular. Accused preferred not to lead any evidence in his defence.
6. PW1 JC Malwaram being duty officer at the relevant time at Police Station Shahbad Dairy, has registered the FIR Ex.PW1/A and made endorsement on the rukka Ex.PW1/B.
7. PW2 HC Rama Rao, has deposed that on 24.11.2008 he was posted at Police Station Shahbad Dairy as Constable and was on patrolling duty and while patrolling at about 7:15pm, he reached at B Block, Bus Stand near Jindal Public School, where he saw a person ...
9 State Vs Kailash Mandal FIR No.: 76/08 standing at bus stand with one plastic katta. On suspicion he checked the katta which was found containing three patties of illicit liquour for which accused could not give any satisfactory answer. He gave information to the Police Station on telephone upon which HC Nahar Singh came at the spot to whom he handed over the accused and the case property. He identified the case property.
8. PW3 HC Nahar Singh being IO of the case has deposed that on 24.11.2008 on receipt of DD no.34A he reached at BBlock, Bus Stand near Jindal Public School and took over the custody of accused and case property. He recorded the statement of the Ct. Rama Rao Ex.PW2/A. Thereafter, he opened the katta and found containing three patties and each patti containing 12 bottles of halchal masaledar desi sharab. He separated 11 bottle from each patti as an sample and remaining bottles were kept into the same patties and both were sealed with the seal of NS. He filled up form 29. Seal after use was handed over to Ct. Rama Rao. He seized the case property vide seizure memo Ex.PW3/A and prepared the rukka Ex.PW3/A and handed over the same to Ct. Rama Rao for registration of the FIR, who after registration of the FIR came back at the spot and handed over original rukka and copy of FIR to him. He prepared site plan Ex.PW3/B at the instance of Ct. Rama Rao. He further deposed that he arrested the accused and conducted his personal search vide personal search memo Ex.PW2/C and brought the accused to Police ...
10 State Vs Kailash Mandal FIR No.: 76/08 Station. He further deposed that on 29.12.2008 he sent the abovesaid samples and excise form to Excise Laboratory through Ct. Rajender vide RC no.29/12. He recorded the statement of witnesses and later on collected the result Ex.PW3/C and after completion of investigation prepared the challan and file same before the court. He also identified the case property.
9. I have heard counsel for the accused as well as Ld. APP for the State.
10. It is settled proposition of criminal law that prosecution is supposed to prove its case on judicial file beyond reasonable doubts by leading reliable, cogent and convincing evidence. Further, it is a settled proposition of the criminal law that in order to prove its case on judicial file prosecution is supposed to stand on its own legs and it cannot drive any benefit whatsoever from the weakness if any in the defence of the accused. The burden of proof of the version of the prosecution in a criminal trial through out the trial is on the prosecution and it never shifts to the accused and the accused is entitled to the benefit of every reasonable doubt in the prosecution story and such doubts entitles the accused "acquittal".
11. In the case in hand, when the case property was produced in the court seal of the same was not legible. As per the case of the prosecution the accused was found in possession of illicit liqour at a ...
11 State Vs Kailash Mandal FIR No.: 76/08 public place at about 7:15pm where lots of public persons are always available but the IO of this case had not made any effort to make any of public witness to join the said proceedings. There is even no whisper in the statement of PW2 of the fact of IO requesting any public person to join the said proceedings. Since the seal of the case property was not legible, it casts a doubt on the case of the prosecution.
12. Hence, in these facts and circumstances, this court is of the considered opinion that the prosecution has miserably failed to prove its case beyond reasonable doubt. Accused Kailash Mandal is accordingly acquitted for the offence punishable under section 61/1/14 Excise Act.
13. Bail bonds cancelled. Surety discharged. Case property be confiscated to the State. Endorsement, if made on any document be cancelled.
File be consigned to record room after due compliance. Announced in the open court today i. e. on 08.10.2012 (KISHOR KUMAR) METORPOLITAN MAGISTRATE ROHINI COURT COMPLEX DELHI/ 08.10.2012 ...
12 State Vs Kailash Mandal FIR No.: 76/08 Accused Jagdish on bail.
Case is fixed for P.E. At this stage, accused submits that he wants to plead guilty in respect of commission of offence. The accused has been warned that his pleading guilty for the offence U/S 61 Punjab Excise Act can invite conviction and can also invite maximum provided punishment for offences. The accused still submits that he wants to plead guilty to the charge framed against him. Statement of accused recorded separately. He also prays for a lenient view.
In view of his plead of guilt, I convict the accused for offence U/S 61/1/14 Excise Act.
Arguments on sentence heard.
Ld. APP for the state requested for a strict view. Accused states that he is 33 years old. He also submits that he is having wife, four children, out of which his eldest daughter is handicapped and he is the sole bread earner in his family. He undertakes that he will not commit the offence in future and prays for lenient view.
Keeping the facts and circumstances, the accused is convicted and sentenced to pay a fine of Rs. 500/- in default of payment of fine, simple imprisonment for 15 days with punishment till rising of the Court.
Fine paid.
Surety is discharged, endorsement if any be cancelled & documents if any be returned. Case property be disposed off/confiscated to the stated after expiry the period of appeal.
File be consigned to records after due compliance.
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13 State Vs Kailash Mandal FIR No.: 76/08 ...