Delhi District Court
State vs . : (1) Sonu Aggarwal on 25 November, 2017
IN THE COURT OF SHRI GURVINDER PAL SINGH
ADDL. SESSIONS JUDGE05, SOUTH WEST DISTRICT
DWARKA COURTS, NEW DELHI.
Session Case No. : 440938/2016.
State Vs. : (1) Sonu Aggarwal
S/o Sh. Subhash Chand
R/o T147, Jain Colony,
Part 1, Uttam Nagar, New Delhi.
(2) Jatin Puri
S/o Sh. Vijay Puri
R/o TA64, Shukar Bazar,
Uttam Nagar, New Delhi.
(3) Arvind Sharma @ Pushkar
S/o Sh. Kanchan Lal
R/o RZ 123, Santosh Park,
Uttam Nagar, New Delhi.
(4) Jitender @ Jimmi
S/o Sh Prem Ballabh
R/o C66, Janak Puri,
New Delhi.
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FIR No. : 06/2012
P.S. : Bindapur
U/s : 307/323/506/34 IPC
Date of Institution : 07/04/2012
Date when arguments
were heard : 25/11/2017
Date of Judgment : 25/11/2017
JUDGMENT
Adumbrated in brief the case of prosecution is that on 07.01.2012 at about 11 pm in front of House No 1, near Shiv Mandir, Matiyala Village, New Delhi, the accused persons sharing common intention had collected and amongst them accused Arvind Sharma @ Pushkar fired a bullet upon the complainant Vikas Sehrawat with intention or knowledge and under such circumstances that by such act had death of Vikas Sehrawat been caused, they would be guilty of murder. Besides that, allegedly accused persons gave beatings to said Vikas Sehrawat by dandas and even threatened him with injury and death causing alarm to him. Allegedly on 09.01.2012 at 10.30 am at Bal Udhyan Road, near Gopal Dairy, Uttam Nagar, New Delhi, accused Arvind Sharma @ Pushkar was found in possession of country made pistol in right pocket of worn pant. Accused Sonu Aggarwal and Jatin Puri were arrested on 08.01.2012, accused Arvind Sharma @ Pushkar was arrested on 09.01.2012 and SC No 440938/2016 State Vs Sonu Aggarwal & Ors 2 of 13 accused Jitender @ Jimmy was arrested on 20.01.2012.
On completion of investigation, charge sheet for offences under Sections 307/323/506/34 IPC and under sections 25/27 Arms Act was filed.
2. After completion of requirements of Section 207 Cr.P.C., matter was committed to the court of Sessions.
CHARGE
3. All accused persons have been charged for the offences u/s 307/323/506/34 IPC. Also accused Arvind Sharma @ Pushkar is charged for offence U/s 25/27 of Arms Act. Accused had pleaded not guilty and claimed trial. Presently accused Arvind Sharma @ Pushkar is in JC where as other accused persons are on bail.
WITNESSES
4. To connect the accused persons with the offence charged, prosecution has examined 22 witnesses.
5. PW 1 HC Subhash Chander is the Duty Officer who received information from SI Chander Prakash, SOS, Crime branch Kotwali Daryaganj at 11:50 am on 20.01.2012 and recorded DD no 15A Ex PW 1/A. SC No 440938/2016 State Vs Sonu Aggarwal & Ors 3 of 13
6. PW 2 Phool Singh Retired Mechanical Inspector conducted mechanical inspection of scooty made Suzuki bearing no DL 4S BY 3760 and car bearing no DL 4C AV 5855 in PS Bindapur on 18.01.2012 on asking of IO and submitted report Ex PW 2/A & Ex PW 2/B respectively.
7. PW 3 Ms Veena Puri is the registered owner of vehicle bearing no DL 4 CAV 5855 and had obtained the superdari of said vehicle vide superdarinama Ex PW 3/A.
8. PW 6 Ct Rahul accompanied IO PW 22 SI Shashank Tripathi on the intervening night of 07/08.01.2012 from PS Bindapur to place of incident where site was inspected by IO by use of flood light.
9. PW 22 SI Shashank Tripathi deposed of having reached at the site with PW 6 Ct Rahul on receipt of DD no 84B that night and having recorded the statements Ex PW 4/A of the complainant Vikas Sehrawat, made endorsement Ex PW 22/A and sent PW 6 Ct Rahul for registration of FIR. PW 22 SI Shashank Tripathi had also found bullet on the right side of the door on the spot besides the empty fired cartridge. Site plan Ex PW 22/B was prepared by PW 22 SI Shashank Tripathi. Sketch of empty fired cartridge Ex PW 6/B was prepared and then articles were kept in box, sealed with the seal of ST and seized vide memo Ex PW 6/C.
10. PW 14 ASI Khajan Singh, Incharge Mobile Crime Team had SC No 440938/2016 State Vs Sonu Aggarwal & Ors 4 of 13 reached at the spot, got it photographed and prepared inspection report Ex PW 14/A and gave it to PW 22 SI Shashank Tripathi. PW 22 SI Shashank Tripathi seized scooty bearing no DL 4S BY 3760 vide seizure memo Ex PW 6/D. Ownership of said scooty was ascertained to be the father of accused Sonu Aggarwal and PW 22 SI Shashank Tripathi with PW 12 HC Harphool Singh went to the house of Sonu Aggarwal. Sonu Aggarwal allegedly gave disclosure Ex PW 22/C and accused Sonu Aggarwal was arrested vide arrest memo Ex PW 12/A. PW 22 SI Shashank Tripathi stated that accused Sonu Aggarwal led them to the house of accused Jatin Puri at Shukar Bazar, Om Vihar, New Delhi where on interrogation, accused Jatin Puri made disclosure statement Ex PW 22/D to him. Accused Jatin Puri was arrested vide arrest memo Ex PW 12/C. Accused Jatin Puri took PW 22 SI Shashank Tripathi to his car bearing no DL 4 CAV 5855 which was parked in the street near to his house. PW 22 SI Shashank Tripathi stated that from the said car one baseball bat was seized vide seizure memo Ex PW 12/F. Said car was seized vide memo Ex PW 12/E. Accused Sonu Aggarwal and Jatin Puri were medically examined and seized articles were deposited in Malkhana at Police Station. Accused Jatin Puri and Sonu Aggarwal were produced before Magisterial Court and were went to JC.
11. PW 22 SI Shashank Tripathi deposed that on 09.01.2012 PW 4/Complainant Vikas Sehrawat came to PS beside which one secret informer came there and disclosed the whereabout of accused Arvind @ Pushkar. PW 22 SI Shashank Tripathi with PW 21 Ct. Anil, PW 7 Ct.
SC No 440938/2016 State Vs Sonu Aggarwal & Ors 5 of 13 Dharam Singh, PW4 complainant Vikas Sehrawat, secret informer and himself reached Bal Udhyan Road, Uttam Nagar at 10.30 AM on 0901 2012. Secret informer pointed out accused Arvind @ Pukhar who was apprehended and who revealed his name and was then interrogated. Further, PW 22 SI Shashank Tripathi deposed that on search of Arvind @ Pushkar, from his right pocket of worn pant, a country made pistol Ex. P1 was recovered. Sketch Ex. PW 7/B of said pistol was prepared and it was kept in a parcel, sealed with the seal of ST and seized vide memo Ex. PW7/C. Accused Arvind @ Pushkar was arrested vide arrest memo Ex. PW7/A. Disclosure statement Ex. PW7/E of accused Arvind @ Pushkar was recorded by PW 22 SI Shashank Tripathi. Accused Arvind @ Pushkar was got medically examined, case property was deposited in Malkhana and Accused Arvind @ Pushkar was produced before Magisterial Court and was remanded to JC.
12. As per PW 22 SI Shashank Tripathi, on being produced in JC in some other case, on 20.01.2012, with permission of the Court, accused Jitender @ Jimmy @ Ravi was formally arrested by PW 22 SI Shashank Tripathi vide arrest memo Ex. PW9/A. Jitender @ Jimmy @ Ravi gave disclosure statement Ex PW9/C. Nothing could be recovered from or at the instance of accused Jitender @ Jimmy @ Ravi. PW 22 SI Shashank Tripathi prepared pointing out memo of the spot, pointed by the accused Jitender @ Jimmy @ Ravi as Ex. PW22/E. As per PW 22 SI Shashank Tripathi baseball bats Ex. PX and PY were recovered from car at the SC No 440938/2016 State Vs Sonu Aggarwal & Ors 6 of 13 instance of accused Jatin Puri. Afore elicited disclosure statements are not followed by any recovery, subsequent to scribing of these disclosure statements, so they are not admissible as per Sections 25 and 27 of The Indian Evidence Act, 1872.
13. When examined, the material witnesses namely PW4complainant injured Vikas Sehrawat and PW5 Rajbir Singh resiled from their previous statement and despite cross examination by Ld. APP for the State have not supported the case of prosecution in any manner what so ever. PW4 Vikas Sehrawat was confronted with various portions of previous statement Ex PW4/A by Ld. Addl. PP for the State before my Ld. Predecessor but he denied of having given any statement to the Police. Both material Witnesses PW 4 & PW 5 did not identify any of the accused persons to be the offenders of the crime for which they were charged.
14. Per contra, PW4 testified that on 07012012 at about 11.00 PM in the night when he reached in front of House No. 1 which belongs to his uncle, Sh. Rajbir Sehrawat, accused Sonu Aggarwal met him there who was under the influence of liquor and then Monty accompanied PW4. As per PW4, he and Monty were under the influence of liquor and Accused Sonu Aggarwal demanded Rs. 800/ back from him which he had taken as a loan. PW 4 sought some time to return the same but on this issue some scuffle took place between Monty and Sonu Aggarwal. A friend of Sonu Aggarwal was passing from there in a Car make Punto and as per PW4, on SC No 440938/2016 State Vs Sonu Aggarwal & Ors 7 of 13 seeing Sonu Aggarwal, the friend of Sonu Aggarwal came there and Monty fled away from the spot. Also PW 4 asserted that the friends of Sonu Aggarwal gave danda blow to PW4 whereas at that time it was Sonu Aggarwal who pushed PW4 from the sight of danda as a result of which PW4 fell down and PW 4 received danda blows and fell unconscious and had received fracture in both hands. So, as per PW4, infact by aforesaid acts, accused Sonu Aggarwal saved PW 4 from danda blows.
15. PW5 Rajbir Singh had testified that in the night of occurrence he had heard a loud sound and PW 5 came out with his wife and daughter and found some damage to the iron door of his house and 34 labourers loading goods in a truck told him that there was a scuffle and fight took place between two parties and PW 5 realized damage to his door by bullet. PW5 made a call at Phone No. 100 to PCR after which PCR and Local Police and came to the spot. PW5 elicited that he was made to sign to some blank papers in the PS. PW5 denied to be witness of any instance as per the case of prosecution or any seizure of any ammunition or sketch of ammunition.
16. Initially constable Anoop Singh was partly examined in chief as PW 8 on 01.08.2014 when his further cross examination was deferred but later said witness appeared before my Ld. Predecessor, and was again examined as PW 18. PW 18 HC Anoop Singh deposed of having collected three pullandas on 04.04.2012 from Malkhana vide RC No. 46/21/12 and deposited the same in FSL, Rohini and stated that no tampering was done SC No 440938/2016 State Vs Sonu Aggarwal & Ors 8 of 13 during the period they remained with him.
17. PW9, Ct. Gurmeet Khosa had accompanied IO PW 22 SI Shashank Tripathi in investigation on 20.01.2012 and is a witness of arrest of accused Jitender @ Jimmy, his personal search and disclosure statement.
18. PW10, Satya Parkash, LDC, Transport Department produced original record of Vehicle bearing No. DL4C AV 5855, Fiat Punto registered in the name of PW3 Veena Puri. PW10 also produced original record of vehicle bearing No. DL 4S BY 3760, Scooter make Suzuki registered on 02.11.2011 in the name of Subhash Chand.
19. PW11, HC Vikaram Singh had accompanied PW 17, SI Chander Parkash in raiding party on 19.01.2012 when he was in Crime Branch and witness of arrest of accused Jitender @ Jimmy at about 9.40 PM, vide memo Ex. PW11/A.
20. PW13 Retd. SI Shamsher Singh was the Duty Officer who made endorsement Ex. PW 13/A on Rukka and gave it to Ct. Rahul sent by PW 22 SI Shashank Tripathi at 03.25 AM on 08.01.2012 and got FIR prepared, copy Ex PW 13/B, through CIPA operator and copy of FIR was handed over to Ct. Rahul for handing over to PW 22 SI Shashank Tripathi.
21. PW15 HC Jai Singh is the MHC(M) of PS Binda Pur with whom SC No 440938/2016 State Vs Sonu Aggarwal & Ors 9 of 13 the elicited Case property and personal search articles of the accused persons were deposited by PW 22 SI Shashank Tripathi. PW 15 has proved the entries Ex. PW15/A (colly) and Ex. PW 15/B in Register No. 19.
22. PW16 Ct. Vimal was DD Writer who at about 11.44 pm on 06.01.2012 at PS Binda Pur on receipt of a message from District Control Room reduced information in DD No. 84 B Ex. PW16/A regarding fire of the gunshot by someone which hit against the wall in the house of the caller.
23. PW19 Dr. Ajay Sharma testified that on 08.01.2012 when he was CMO in Emergency at DDU Hospital, injured PW4 Vikas Sehrawat @ Vicky was produced in casualty by Ct. Vijay and he was examined by Dr. Nitin Seth under his supervision vide MLC No. 481 Ex. PW19/A and referred to Ortho where Dr. S. K. Srivastatva after examining Xray film vide report opined fracture in right Ulna and nature of Injury to be grievous. PW19 identified the writings and signatures of Dr. Nitin Seth as well as Dr. S. K. Srivastava.
24. PW20, Inspector Jitender Kumar had received the investigation which was completed by earlier IO PW 22 SI Shashank Tripathi except sending the exhibits to FSL and PW 20 sent Ct Anoop to FSL along with exhibits on 04.04.2012.
SC No 440938/2016 State Vs Sonu Aggarwal & Ors 10 of 13 STATEMENTS OF ACCUSED
25. From the afore elicited evidence borne out on record, the only incriminating facts could be carved out against accused Arvind Sharma @ Pushkar for alleged unlawful possession of country made pistol Ex P1 on 09.01.2012 and with regard to same statement of accused Arvind Sharma @ Pushkar has been recorded under section 313 Cr.P.C wherein he has pleaded innocence and false implication and denied of any recovery on the country made pistol from right pocket of worn pant on 09.01.2012. Accused Arvind Sharma @ Pushkar denied to lead defence evidence.
26. From evidence led on record, there is no fact incriminating against accused persons qua the offences charged pertaining to Indian Penal Code. Infact, as per deposition of PW4 Vikas Sehrawat, accused Sonu Aggarwal instead tried to save PW 4 Vikas Sehrawat when the friends of Sonu Aggarwal had tried to give danda blows to PW 4 Vikas Sehrawat. For want of incriminating material against accused persons for any of the offences charged under Indian Penal Code, the examination of accused persons u/s 313 CrPC for these offences was dispensed with.
ARGUMENTS
27. I have heard the arguments of Ld. Addl. PP for the State and Sh Vipin Sehrawat Ld Defence counsel for all accused persons and have perused the record including the evidence led.
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28. Edifice raised by prosecution with regard to offences under sections 307/323/506/34 IPC against arraigned accused persons falls flat on the ground on account of resiling of material witnesses PW 4 Vikas Sehrawat and PW 5 Rajbir Singh who have not identified any of the arraigned accused persons to be the offenders for the crime for which they have been charged under Indian Penal Code.
29. Even PW4 Vikas Sehrawat did not support the case of prosecution for allegedly recovery of country made pistol Ex P1 on 09.01.2012 from the worn pant of accused Arvind Sharma @ Pushkar and allegedly seized vide memo Ex PW 7/C. It is also the fact of the matter that neither any independent witness(es) nor resident of locality from where recovery was effected of nor from nearby locality nor even any passerby was joined by officers of investigating agency in the search of accused Arvind Sharma @ Pushkar or recovery of Ex P1 from his worn pant allegedly seized vide memo Ex PW 7/C. Even prosecution has neither filed nor proved the previous sanction of the authority concerned under section 39 of the Arms Act, 1959 necessary to prove its case against the accused for the offence charged u/s 25 of The Arms Act, 1959 for possession of pistol Ex P1 by Arvind Sharma @ Pushkar for commission of offences for which accused Arvind Sharma @ Pushkar has been charged. Even recovery of Ex P1 from accused Arvind Sharma @ Pushkar is doubtful in the fact of the matter. There is no evidence on record of use of pistol Ex P1 by accused Arvind Sharma @ Pushkar for commission of offences for which SC No 440938/2016 State Vs Sonu Aggarwal & Ors 12 of 13 he had been charged.
30. Conclusion of the foregoing discussions is that the prosecution has failed to prove the case against the accused persons for the offences charged beyond reasonable doubt as the afore elicited material witnesses have resiled and had not supported the case of prosecution nor deposed any fact incriminating against the accused persons. Accused persons are held not guilty and are acquitted for the offences charged. Bail bonds of the accused persons stand cancelled. Sureties stand discharged. Accused Arvind Sharma @ Pushkar be released from Judicial Custody, if not required elsewhere in any other case. Each accused is directed to furnish a personal bond each in sum of Rs 10,000/ with one surety each in like amount u/s 437 A Cr.P.C for period of 6 months with undertaking to appear before appellate Court or this Court, if so called for. Case properties Ex P1, Ex PX, Ex PY be confiscated to State after expiry of period of appeal or direction of appellate Court, which ever is later. File be consigned to record room after digitization of records.
Announced in the open court (GURVINDER PAL SINGH)
on 25 /11/2017 ASJ 05/SW/DWARKA COURTS,
NEW DELHI.
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