Delhi District Court
In Re: State vs Sanjay @ Sonu on 5 January, 2013
IN THE COURT GAURAV RAO: METROPOLITAN MAGISTRATE: SOUTH
DISTRICT: SAKET COURTS: NEW DELHI
In Re: STATE VERSUS SANJAY @ SONU
F.I.R. No: 645/01
U/s 25 Arms Act
P.S. Defence Colony
Date of Institution of Case :28.05.2002
Date of Judgment Reserved for : 05.01.2013
Date of Judgment : 05.01.2013
JUDGMENT:
(a) The serial no. of the case :28/3/02
(b) The date of commission of offence : 10.09.2001
(c) The name of complainant : HC Kamlesh Kumar
(d) The name, parentage of accused : Sanjay @ Sonu s/o Sriram, R/o
Jhuggi no. 8, Shahid Bhagat
Singh Camp, Balbir Saxena Marg,
P.S. Hauz Khas, New Delhi
Present Address :As above
(e) The offence complained of : 25 Arms Act
(f) The plea of accused : Pleaded not guilty
(g) The final order : Convicted under section 25
Arms Act as well as u/s 174A IPC.
FIR No. 645/01 State Vs. Sanjay @ Sonu
(h) The date of such order : 05.01.2013
Brief statement of the reasons for the decision:
1. In brief the case of the prosecution is that on 10.09.2001 at about 05.50 p.m. at in front of Kothi No. B10, GM Enclave, New Delhi, within the jurisdiction of PS Defence Colony, accused was found in possession of one buttondar knife without any permit or license for the same and in contravention of the notification issued by the Delhi Administration and thus thereby the accused committed offence punishable u/s 25 of Arms Act 1959.
2. Charge sheet filed in the court and in compliance of Section 207 accused was supplied the documents. Thereafter vide orders dated 24.12.2005 charge u/s 25 of 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 examined five witnesses, thereafter the PE in the matter was closed and the statement of accused u/s 313 Cr.P.C was recorded wherein he admitted the entire allegations/incriminating circumstances appearing against him to be true and correct.
4. Apart from the voluntarily admission of guilt/ incriminating material appearing against him the prosecution witnesses examined so far have also FIR No. 645/01 State Vs. Sanjay @ Sonu proved the charges/allegations against the accused.
5. PW1 SI Champa Lal duly proved that on 10.09.2001 he recorded the case FIR i.e. Ex. PW1/A and he further proved his endorsement on the rukka is Ex. PW1/B.
6. PW2 HC Parvesh Kumar who is the recovery witness proved that on 10.09.2001 he was posted at PS Defence Colony and on that day he along with Const. Sunil and HC Kamlesh were on patrolling duty and at about 05.45 p.m. when they reached at T point at Balbir Saxena Marg near Kothi no. B10, they saw that there was crowd and two persons were quarreling with each other and some persons were trying to intervene the matter. He proved that they overpowered both of them and their names were known as Om Parkash s/o Ramesh Chand and Sanjay @ Sonu s/o Shri Ram i.e. the accused. He proved that they took formal search of both the persons and from the search of accused Sanjay one buttondar knife was recovered from right pant pocket of his pant and HC Kamlesh measured the length and width of the knife and prepared the sketch and seized the same vide Ex. PW2/A and same was sealed in a pullanda with the seal of KK and after use seal was handed over to Const. Sunil. He further proved that IO seized the knife vide seizure memo Ex. PW2/B. He proved that in the meantime Const. Dhan Singh also came at the spot. He proved that IO prepared the rukka and handed over the same to Const. Dhan Singh for registration of FIR. He proved that he came back to the spot along along with FIR No. 645/01 State Vs. Sanjay @ Sonu ASI Bhagwan Sahai. He proved that ASI Bhagwan Sahai received the documents from HC Kamlesh Kumar along with sealed pullanda. He proved that IO arrested the accused vide arrest memo Ex. PW2/B and his personal search was conducted vide memo Ex. PW2/C. He proved that a separate pullanda was also prepared against the accused u/s 107/151 Cr.P.C. He correctly identified the case property as Ex. P1.
7. PW3 ASI Bhagwan Sahai, PW4 Const. Dhan Singh and PW5 Constable Sunil Kumar duly corroborated the testimony of HC Parvesh i.e. PW2. They proved the incident and established the identity of the accused beyond doubt. It will be worthwhile to highlight that despite opportunity given none of the prosecution witnesses were cross examined. Their testimony remained unchallenged/uncontradicted.
8. The testimonies of the prosecution witnesses coupled with the voluntarily admission of guilt by the accused leaves no doubt that indeed a buttondar knife was recovered from the possession of accused. The statements made by the accused today during his examination u/s 313 Cr.P.C. are admissible in evidence against the accused in view of sub clause 4 of section 313 Cr.P.C. and the law laid in cases titled as Mohan Singh v. Prem Singh, (SC) 2002(4) R.C.R.(Criminal) 842, Rattan Singh v. State of Himachal Pradesh, (SC) 1997 A.I.R. (SC) 768, Sh. Mith kalitha V. State of Assam 2006 Cr.l.J. 2570, State of Rajasthan V. Ganesh Dass 1995 Cr.L.J. 25 (Raj.), FIR No. 645/01 State Vs. Sanjay @ Sonu Bishwas Prasad Sinha V. State of Assam 2007 (1) Crimes 147 (SC), Anthoney Disuja V State of Karnataka AIR 2003 SC 258, State of H.P. V. Wazir Chand AIR 1978 SC 315
9. Furthermore today during the framing of charge u/s 174A IPC the accused voluntarily pleaded guilty for the above offence. Record reveals that during the course of trial of present FIR he stopped appearing in the court and was declared absconder vide proceedings dated 09.07.2012 upon the statement of Process Server HC Prabhat Kumar. Thereafter he was arrested on 17.11.2012 vide DD no.49A P.S. Hauz Khas and as is apparent from his plea of guilt he is unable to justify his absence/evasion of court proceedings.
10. Accordingly the accused stands convicted u/s 25 Arms Act as well as u/s 174A IPC.
11. Let he be heard on the point of sentence separately.
Announced in the open (Gaurav Rao)
Court on 05.01.2013 MM/SD/ New Delhi.
FIR No. 645/01 State Vs. Sanjay @ Sonu
FIR No.645/01
P.S. Defence Colony
ORDER ON SENTENCE
05.01.2013
Present: Ld. APP for the State.
Convict Sanjay produced from JC.
Ld. LAC is also present.
Vide my separate judgment announced today accused has been convicted u/s 25 Arms Act as well as u/s 174A IPC.
The learned defence counsel has submitted that convict is extremely poor on account of his being lodged in jail his family must be starving. It is submitted that he is the sole bread earner in the family. It was also prayed the accused/convict be given benefit of section 428 Cr.P.C. and 360 Cr.P.C.
Per contra, learned APP has very vehemently argued that the act of the accused is unpardonable. It was submitted that the accused deserves no leniency least to release him on probation.
After giving my thoughtful considerations to the submissions made at bar I am of the considered opinion that taking into account the overall facts and circumstances of the case, the extreme poor condition of the accused as well as his family responsibilities it shall meet the ends of justice if benefit of section 428 Cr.P.C. is given to the accused and he is sentenced to FIR No. 645/01 State Vs. Sanjay @ Sonu period already undergone in custody i.e. 10.09.2001 to 25.09.2001 and from 17.11.2012 till date for offence u/s 25 Arms Act and u/s 174A IPC.
A copy of this order be given to the convict free of cost.
Announced in the open court (Gaurav Rao)
on 05.01.2013 MM/SD/Delhi
FIR No. 645/01 State Vs. Sanjay @ Sonu
FIR No. 645/01
P.S. Defence Colony
05.01.2013
Present: Ld. APP for the State.
Accused is produced from JC.
SA u/s 313 Cr.P.C. of accused has been recorded separately. Vide separate judgment announced in the open court today, the accused has been convicted for offence u/s 25 Arms Act and u/s 174A IPC and sentenced accordingly.
File be consigned to record room.
(Gaurav Rao)
MM/SD/Delhi
05.01.2013
FIR No. 645/01 State Vs. Sanjay @ Sonu