Delhi District Court
State vs Saudan Singh @ Kalu on 11 March, 2014
IN THE COURT OF SH. VIRENDER KUMAR GOYAL
ADDL SESSIONS JUDGE: FAST TRACK COURT
ROHINI:DELHI
SC No. 19/1
Unique Identification No. 02404R0068442009
State
Versus
1. Saudan Singh @ Kalu
S/o Sh. Bhagwan Dass
R/o C979, Mangol puri, Delhi
2. Tarun @ Chaddu
S/o Kewal Kishan
R/o B736, Mangol Puri
Delhi
3. Ashok Kumar
S/o Ramesh Kumar
R/o C917, Mangol Puri, Delhi.
4. Tej Singh
Son of Bharose Lal
R/o C456, Mangol Puri
Delhi
5. Sunil
S/o Chottey Lal
R/o C456, Mangol Puri
Delhi
6. Ravi Kumar
S/o Bhole Shankar
R/o C567, Mangol Puri
7. Dharambir
S/o Shankar
R/o C909, Mangol Puri, Delhi (Since expired)
SC No.19/1 1
FIR No. 404/2008
PS Mangol Puri
U/s. 399/402 of IPC and 25/54/59 Arms Act
Date of institution of the case: 19/10/2008
Arguments heard on: 07/03/2014
Date of reservation of order: 07/03/2014
Date of Decision: 11/03/2014.
JUDGMENT
This case was registered, on rukka prepared by SI Ajay Kumar Sharma, u/s 399/402 of IPC and u/s 25 of Arms Act. During investigation, rough site plan was prepared, copy of DD was collected. Sketches of katta and live cartridges were prepared. Sketches of three knives were prepared. Seizure memo of red chilli powder, danda and iron rod were prepared. Seizure memo of dessi katta, three live cartridges and three knives were also prepared separately. Accused persons were arrested by preparing memos and their personal searches were also prepared.
Accused Saudan Singh and Tarun made disclosure statements and in furtherance of their disclosure statement, accused Saudan Singh got recovered 16 mobile phones. Accused Tarun @ Laddu got recovered two wrists watches, which were seized u/s 102 of Cr.P.C. Medical examination of accused persons was also got conducted.
On completion of investigation, chargesheet was filed against all the accused persons u/s 399/402 of IPC and u/s 25 of Arms Act. Case was committed to the Court of Sessions and was received on 17/03/2009.
On 07/07/2009, charge u/s 399/402 of IPC was framed against accused Saudan Singh, Tarun @ Laddu, Dharambir, Ashok Kumar, Tej Singh, Sunil and Ravi kumar and charge u/s 25 of Arms Act was framed against accused Sauduan SC No.19/1 2 Singh, Ravi Kumar, Tej Singh, Ashok Kumar and Dharambir, to which they all pleaded not guilty and claimed trial.
To prove its case, prosecution has examined PW1 to PW9 in all. On completion of evidence of prosecution, statement of all the witnesses have been recorded, wherein they have denied the case of prosecution and have claimed that they are innocent and has been falsely implicated in this case.
I have heard learned APP for the State, respective learned Amicus Curiae for the accused persons and have gone through the material placed on record with evidence adduced.
According to rukka Ex.PW1/B, as crime was regularly being committed in the area of Mangol Puri of looting, chain snatching, pick pocketing, hence as per the directions of senior officers, bad characters were directed to be apprehended, so SI Ajay Karan Sharma had deployed a secret informer to search out such gangs. It is further mentioned in the rukka that on 19/08/2008, SI Ajay Karan Sharma in a privat vehicle with HC Ramesh Chand, Ct Rakesh Kumar, Ct Rajbir Singh and Ct Rajesh vide DD no. 18, at about 6.20 pm, was on patrolling duty. SI Ajay was driving the vehicle and when they reached near petrol pump road no.. 316, near Mangol Puri, a secret informer came and informed th at 67 persons persons were sitting in a ground by the side of Peeragari flyover, Mangolpuri, and they were armed with weapons and the head of the gang was Saudan Singh, who was B.C of the area and they were planning to commit robbery on the point of weapons in the buses and they could be apprehended on raid.
It is further mentioned in the rukka that this information was conveyed to Duty Officer by SI and he was asked to bring the same in the notice of SHO. Thereafter the SHO informed him to conduct the raid, on which SI Ajay Karan Sharma alongwith other staff prepared a raiding party. Some public persons wer asked to join the raiding party but none agreed and they left without disclosing their names and addresses. Due to shortage of time, notice could not be given to them. SC No.19/1 3 The said SI disclosed the information to the staff and without wasting time, they all alongwith secret informer reached near the said ground. It is further mentioned in the rukka that meanwhile from the PS HC Baljeet, Ct Virender Singh, Ct Om P arkash and Ct Roshan Singh in the civil dress came there and told that SHO had directed them to report to SI Ajay Karan Sharma, on which they were also briefed with the secret information and they joined the raiding party.
It is further mentioned in the rukka that HC Baljeet Singh was directed to act as a shadow witness and to hear the conversation of accused persons by concealing himself inside the ground and if those persons were having any plan to commit robbery or dacoity then he should give signal to the remaining police party by itching on his right ear. It is further mentioned in the rukka that at about 7.05 pm, shadow witness HC Baljeet Singh along with the secret informer gave signal at about 7.15 pm, on which raiding party reached there and surrounded all the seven accused persons and they were apprehended. Police party came to know their names as Saudan Singh @ Kalu, Ravi Kumar, Tarun @ Laddu, Dharambir, Ashok Kumar, Tej Singh and Sunil.
It is further mentioned in the rukka Ex. PW1/B that from the search of accused Saudan Singh @ Kalu, one desi katta was recovered from right dub of his wearing pant. One buttondar knife was recovered from search of accused Ravi Kumar, packet of red chilli was recovered from right side pocket of pant of Tarun @ Laddu. From right side pocket of pant of accused Dharambir and Ashok Kumar one button acutated knife each was recovered and one iron chain and one small wooden danda, were recovered from the right side dub of accused Tej Singh and one iron rod was recovered from the right side dub of accused Sunil. It is further mentioned in the rukka that katta recovered from accused Saudan Singh was checked and it was found having one live cartridge. Sketch of katta and cartridge were prepared. It was measured. Sketches of all the three knives were prepared separately and they were also measured and were sealed separately with the seal of SC No.19/1 4 AKS. Pullanda of Red Chilli powder packet was prepared, sealed and seized. So on rukka, this case was registered and further investigation was handed over to some other IO.
To prove these facts, various witnesses have been examined. PW1 SI Madan Lal was working as Duty officer on that day from 5 pm to 1.00 am and at about 10.45 pm, he received rukka from Ct Virender sent by SI Ajay Karan and on the basis of the same, he registered FIR of this case, copy of which is Ex.PW1/A and after registration of the FIR, further investigation was handed over to SI Sunil Kumar. Copy of FIR was sent to him. He also made endorsement on rukka Ex.PW1/B. Ld counsel has contended that according to rukka, after receiving secret information, SI Ajay Karan Sharma has disclosed the same to the Duty officer at about 6.35 pm, who further conveyed the same to the SHO but this fact has not been deposed by PW1, in any manner. It is further contended that DD no8 dated 19/08/2008 h as been placed on record, but the prosecution has not been able to prove the same, in any manner so it is doubtful whether any information was given at the PS about the secret information received by SI Ajay Karan Sharma, to the Duty officer.
The shadow witness SI Baljeet Singh has been examined as PW3. He has deposed the same facts as of rukka. According to his deposition, he alongwith Ct Virender, Ct Omparkash and Ct Seshan were on patrolling duty in the area in civil clothes. He received information from PS Mangol Puri from SHO to reach near Peera Garhi, plot no. 316 and to report SI Ajay Karan Sharma. So he, joined the raiding party. He heard the conversation of the accused persons at about 7.05 pm alongwith secret information and gave signal, on which accused persons were apprehended and weapons were recovered from their possession, which were sealed and seized, in this case.
According to the deposition of PW3 HC Baljeet Singh, rukka was given to SC No.19/1 5 Ct Virender to get register the case from PS and further investigation was handed over to SI Sunil Kumar. PW3 has further deposed that thereafter disclosure statements of accused Saudan Singh and Tarun @ Laddu were recorded vide memo Ex.PW3/H and Ex.PW3/J and in furtherance of their disclosure statement , accused Saudan Singh got recovered 16 mobile phones, which were seized vide memo Ex.PW3/Y, from his house. Accused Traun @ Laddu got recovered two writs watches, which were sealed and seized vide memo Ex.PW3/Z. Thereafter, they came back to the spot. Accused persons were medically examined and thereafter, they came back to PS and accused persons were locked up and case property was deposited in the malkhana. PW3 has identified the case property, i.e. iron rod, katta, one empty cartridge, three knives, wooden danda, chilly powder in piece of newspaper, 16 mobile phones, two writs watches as Ex.PW1 to Ex.PW10.
PW4 is Ct Virender Kumar. On that day, he was on patrolling duty with HC Baljeet Singh, so as per information received from SHO, he also joined the raiding party of SI Ajay Karan Sharma. He had deposed the same facts regarding the arrest of accused persons and recoveries of various weapons from the possession of accused persons, which were sealed and seized, in this case. He has also identified the case property before the Court as Ex.P1 to P10.
In the cross examination, he has stated that they reached at the spot at about 6.35 pm and accused persons were apprehended at about 7.15 pm. He has further stated that they came back to PS at about 1.30 or 2.00 am. The distance between the PS and spot was about half kilometer.
PW5 is SI Ajay Karan Sharma. He has also deposed the same facts as of rukka and has identified the accused persons and the case property before the Court. He has also stated that seal after use was handed over to HC Ramesh Chander. He has further deposed that in pursuant to the disclosure statement, accused Saudan Singh and Tarun @ Laddu got recovered 16 mobile phones and two wrists watches, which were sealed and seized u/s 102 of Cr.PC vide memo Ex.PW3/Y and SC No.19/1 6 Ex.PW3/Z. He has also identified the case property before the Court and the accused persons.
In the cross examination, he has stated that they reached at the spot after about 1015 minutes and after receiving the information, the remaining staff also reached near the spot and accused persons were apprehended at about 7.15 pm. He has further deposed that it was not dark at that time being the month of August. He has further stated in the cross examination that Ct Virender came back at the spot with the FIR and rukka at about 11.30 pm and till then the accused persons and remaining police staff remained present at the spot.
Ld defence counsel has further contended that none of the witnesses has deposed as to where the writing work was done nor the source of light has been shown in the site plan. It is further contended that accused persons allegedly were sitting in the ground and according to the cross examination of the witnesses, accused persons were visible from the place, where raiding party had gathered, so there could not be any possibility that HC Baljeet Singh, shadow witness and Secret informer could have concealed themselves, to hear the conversation of the accused persons as to whether they were planning to commit any robbery/dacoity. It is further contended that in the site plan Ex.PW4/A, nothing has been shown as to whether there was any boundary wall or bushes, behind which accused persons could plan to commit robbery/dacoity by concealing themselves, so deposition of PW3 HC Baljeet Singh that he hide himself for hearing the conversation of accused persons while they were planning to commit robbery/dacoity, seems to be improbable.
It is further contended by Ld defence counsel that arrest memos of accused persons are Ex.PW3/K, Ex.PW3/M, Ex.PW3/O, Ex.PW3/Q, Ex.PW3/S, Ex.PW3/U, Ex.PW3/W, wherein the time of arrest is not mentioned. The arrest has been made by SI Sunil Kumar. It is further contended that no explanation has been given as to why the time of arrest was not mentioned in the arrest memo of the accused SC No.19/1 7 persons, which shows that the writing work was not done, as per the investigation, at the place of occurrence rather has been fabricated against the accused persons. It is further contended that according to the cross of PW4, they came back to the PS with accused persons at about 1.30 or 2.00 am, while according to the MLC of accused persons , accused Ashok was examined at SGM hospital at about 1.40 am, accused Tarun @ Laddu was examined at SGM hospital at about 2.10 am and accused Tarun was taken to hospital by CT Virender himself, so if Ct Virender was at SGM hospital at about 2.00 am, so how he could have been reached back to PS at about 1.30 or 2.00 am. According to the MLC, accused Sunil was examined at about 1.50 am, accused Tej Singh was examined at about 2.00 am, accused Ravi was examined at about 1.55 am, accused Saudan Singh was examined at about 1.50 am and accused Dharambir was examined at about 1.45 am, at SGM hospital.
Ld counsel has further contended that according to the deposition of SI Ajay Karan, he alongwith police party was in indica car, whereas other police party headed by PW3 also reached there and joined them and from PS SI Sunil Kumar also came there and seven accused persons were also present there. It is not known how these all accused persons reached at SGM hospital in one indica car. None of the witness has deposed that any other vehicle was called from the PS. According to the evidence brought on record, CT Virender came back at the spot with copy of FIR and rukka with SI Sunil Kumar at about 11.30 pm, thereafter, the police officials visited the respective houses of accused Saudan Singh and Tarun Laddu and effected the recoveries u/s 102 of Cr.PC. Both the accused persons i.e. Saudan Singh and Tarun @ Laddu are the residents of Mangol Puri and mean while the remaining police party with accused persons stayed at the place of occurrence, so the proceedings conducted by the police party are not fitting within the time frame , as stated by witnesses, which raised doubts as to whether the proceedings were conducted in the manner as deposed by the witnesses.
PW7 SI Sunil Kumar has also deposed the same facts, as per investigation, SC No.19/1 8 regarding the arrest of accused persons and recoveries effected u/s 102 of Cr.PC from accused Saudan Singh and Tarun @ Laddu. According to the cross of this witness, he reached at the spot at about 11.30 pm. He has failed to disclose the name of owner of the house and details of the houses of accused Tarun @ Laddu.
PW8 Ct Ramesh Kumar was also in the raiding party headed by SI Ajay Karan Sharma. He has also deposed the same facts regarding the arrest of accused persons and recoveries of weapons from their possession. He has also identified the accused persons and case property before the Court.
In the cross examination he has stated that till the time, he had completed all the paper work, it was dark being night and he voluntarily stated that the documents were prepared in the street light but the same is not appearing in the rough site plan. He has further stated that accused persons were also visible from the spot, where the members of the raiding party had gathered initially and accused persons were sitting in the barren land.
Ld counsel has contended that under such circumstances, it cannot be said that accused persons had concealed themselves while they were planning to commit robbery/dacoity.
PW2 HC Raj Kumar was posted as MHC(M) and he has deposed that on 19/08/2008, SI Ajay Karan Shama deposited seven sealed parcels with him, sealed with the seal of AKS and he deposited the same in the malkhana vide entry no. 6194, and again on 20/08/2008, SI Sunil Kumar deposited two pullandas containing mobile phones and wrists watches, which he deposited in the malkhana vide same entry.
Ld counsel has contended that according to the deposition of witnesses, after arrest of accused persons and effecting of recovery, they came back to the PS at about 1.30 or 2.00 and the case property was deposited in the malkhana, so there could not be any possibility of deposit of case property with the MHC(M) by SI Ajay Karan and SI Sunil Kumar on two different dates i.e. on 19/08/08 and SC No.19/1 9 20/08/2008. it is further contended that according to SI Ajay Karan Sharma and also according to SI Sunil Kumar, he came at the spot, when investigation was handed over to him and he received seven sealed pullandas from SI Ajay Karan Sharma alongwith the documents, so there could not be any possibility of deposit of case property by SI Ajay Karan on 19/08/2008 with the MHC(M) and deposit of two pullandas containing mobile phone and writs watches on 20/08/2008 by SI Sunil Kumar at different times.
PW9 Ramesh Singh has proved the notification regarding possession of button actuated knives, copy of which is Ex.PW9/A. FSL report alongwith sanction u/s 39 of Arms Act was filed before Ld MM but during trial, none of the witnesses could be summoned as their names were not entered in the list of witnesses, so prosecution has also not been able to prove the sanction u/s 39 of Arms Act, in any manner, against accused Saudan Singh.
In view of the above, contentions of Ld defence counsel are forceful. The witnesses have not corroborated each other nor are inspiring confidence. Time of arrest has not been mentioned in the arrest memos of accused persons. The testimonies of the witnesses are not corroborating as per the time frame, deposed by them with the documents prepared, particularly the MLCs of the accused persons, so witnesses cannot be relied upon, in any manner.
Accordingly, prosecution has not been able to prove offence u/s 399/402 of IPC against all the accused persons, beyond reasonable doubts for which they all are acquitted.
Prosecution has also not been able to prove offence u/s 25 of Arms Act against accused Saudan Singh, Ravi Kumar, Tej Singh and Ashok Kumar, beyond reasonable doubts, in any manner, for which they are acquitted.
Announced in open court (Virender Kumar Goyal)
today on 11th of March,2014 Additional Sessions Judge
Fast Track Court, Rohini Courts,Delhi.
SC No.19/1 10