Delhi District Court
State vs . 1) Mukesh on 4 July, 2019
IN THE COURT OF SH. ASHUTOSH KUMAR, ADDITIONAL SESSIONS
JUDGE04 (NORTH), ROHINI COURTS, DELHI
Session Case No. 57900/2016
CNR No. DLNT010007872012
State Vs. 1) Mukesh
S/o Sh. Raj Singh
R/o VillageBankner, Delhi.
2) Ravi @ Bhangi
S/o Sh. Jagbir
R/o VillageBankner, Delhi.
3) Mohit @ Bunty
S/o Sh. Chhote Lal
R/o VillageBankner, Delhi.
(Against whom proceedings already stand
abated vide order dated 26/04/2017)
4) Shees Ram
S/o Sh. Nanak Chand
R/o VillageBankner, Delhi.
5) Deenu Ram @ Kali
S/o Sh. Jagdish
R/o VillageBankner, Delhi.
6) Amit
S/o Sh. Satpal
R/o villageTihara Kalan,
Sonipat, Haryana.
7) Lalit
S/o Sh. Ramesh
R/o VillagePanchi Sonipat, Haryana
8) Sumer
S/o Sh. Satbir
SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 1 of 28
R/o Village Matindu, Sonipat,
Haryana.
FIR No. : 113/2012
Police Station: Alipur
Under Sections: 395/397/412/34 IPC
& u/s : 25/27/54/59 Arms Act
Date of committal to Sessions Court : 05/10/2012
Date of institution : 09/10/2012
Date of Argument : 30/05/2019
Date of reservation of order : 30/05/2019
Date on which Judgment pronounced : 04/07/2019
JUDGMENT
1. Briefly stated, case of the prosecution is that on 07.04.2012, DD No. 17 was received at P.S Alipur, which was assigned to SI Mukesh Kumar. SI Mukesh Kumar reached at the spot where he met one Jitender s/o Sh. Siya Ram and recorded his statement, wherein he stated that "he is employed as sales man with Ganesh Filling Station, Alipur, Delhi. That on 07.04.2011 at around 9.00 am, he alongwith Rajender was going on Scooter bearing no. HR38J4883 to deposit the sales collection amount of Rs. 13,97,300/ with Corporation Bank, Alipur. When they both reached Alipur underpass, one black colour Pulsar Motorcycle, riders of which were two persons, stopped their bike in front of scooter and tried to snatch bag containing cash. On resistance, they hit scooter with their motorcycle from behind and scooter fell down and pillion rider of motorcycle tried to snatch cash bag. In between one Vikash s/o Sh. Bhoop Singh, on seeing the incident of snatching, caught hold of the collar of said boy from behind, who was trying to snatch the bag, then two more person on another motorcycle arrived there from the side of Jindpur and asked the said boy who was trying to snatch the bag from him, SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 2 of 28 to fire upon him (Vikas). Upon said instructions, that boys took out a pistol type weapon from his pant and while holding the cash bag from his one hand, pointed the said pistol towards Vikas and also towards his head as a result of which he got frightened and then said boys ran away with cash bag along with their other associates on motorcycle towards Alipur. Jitender further stated that he can identify the said boy and his associates. The FIR of the present case was got registered on the statement of complainant Jitender u/s 392/397/34 IPC. After registration of FIR, further investigation was also carried out by SI Mukesh.
2. During investigation, SI Mukesh prepared site plan. Statement of other witnesses were also recorded and efforts were made to arrest the accused persons.
3. On 12.04.2012. vide DD No. 4A, SI Mahabir along with other staff of P.S Narela, arrested 5 persons namely Ravi @ Bhangi, Mohit @ Bunty, Shish Ram @ Sonu, Dinu Ram @ Kali and Mukesh, under Section 41.1 D/102 Cr.P.C. on the basis of secret information. As per said DD, firstly accused Ravi @ Bhangi, Mohit and Shisram @ Sonu were apprehended, who were on motorcycle no. DL8SNC 8951 at that time and from the possession of accused Ravi @ Bhangi and Mohit, a sum of Rs. 1,00,000/ each was recovered and from accused Shisram @ Sonu, a sum of Rs. 70,000/ was recovered. During interrogation, these three accused disclosed that on 07.04.2012, they looted one petrol pump employee and the recovered amounts were their respective shares from the looted amount. Upon their disclosure, accused Dinu Ram @ Kali and Mukesh were arrested and from their possession sum of Rs. 1,35,000/ each was recovered. SI Mahavir interrogated all these five accused persons and arrested them vide kalandara u/s 41.1 (d) & 102 Cr.P.C. After arrest, accused persons Ravi, Mohit, Shish Ram, Deenu Ram and SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 3 of 28 Mukesh were produced in the concerned Court of PS Narela by SI Mahabir. SI Mukesh Kumar after obtaining permission of the concerned Court, arrested all these accused persons in the present case. Thereafter on the disclosure of these accused persons, three more persons namely Amit, Lalit and Sumer were arrested from their respective residences. From the residence of Lalit, two motorcycle bearing registration No. HR101378 and HR10S0972 (of accused Sumer), which were used at the time of commission of offence, and a sum of Rs. 2 lacs was recovered and out of this, Rs. 1.5 lacs was share of Sumer and a sum of Rs. 50,000/ was share of Lalit. From the residence of Amit, a sum of Rs. 90,000/ was recovered, which was part of his share from the aforesaid looted amount. Accused Lalit, Sumer and Amit also pointed out the place of occurrence. The said recovered amounts and motorcycles were taken into possession. Accused Mukesh also made disclosure statement. He also got recovered one country made katta and one cloth bag from an almirah on the first floor of his house, which were taken into possession. IO also moved an application for conducting TIP of all these accused persons but they refused to participate in TIP. However they were identified by the complainant as assailants who had committed the incident of snatching of bag on 07/04/2012. The said weapon of offence was produced before the concerned court. During investigation, TIP of the aforesaid cloth bag was also got carried out and witness Rajender identified the same. Both the aforesaid motorcycles seized in the present case were got released on superdari. The recovered country made katta was sent to FSL Rohini for seeking opinion. Section 395 IPC & u/s 25/27/54/59 Arms Act were added. On completion of investigation, chargesheet u/s 395/397/412/34 IPC was filed against the accused persons before the Court of ld. Duty MM on 08/07/2012. Accused Mohit also filed an application with prayer to declare him juvenile, which was disposed of vide order dated 20/09/2012. On 25/09/2012, supplementary chargesheet qua FSL result and sanction u/s 39 Arms SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 4 of 28 Act qua accused Mukesh was also filed before the Court of concerned ld. MM. On 05/10/2012, the case file was committed to the Court of Sessions, which was received on assignment in this Court on 09/10/2012.
4. vide order dated 17/10/2012, charge u/s 395 IPC was framed against all the eight accused persons. Separate charge u/s 395 read with Section 397 IPC, two separate charge u/s 412 IPC and u/s 25 of Arms Act were also framed against accused Mukesh. Separate charge u/s 412 IPC was also framed against each accused Amit, Sumer, Ravi @ Bhangi, Mohit @ Bunty, Sheesh Ram @ Sonu, Deenu Ram @ Kali, Lalit & Mukesh. All the accused persons did not plead guilty to the charges framed against them and claimed trial.
5. It is pertinent to mention here that during trial accused Mohit @ Bunty (A3) expired and proceedings were stand abated against him vide order dated 26/04/2017.
6. In order to prove its case, prosecution has examined 15 witnesses in all. The details of said witnesses are as under: S.No. Name of prosecution witness Purpose of examination 1 PW1 Vikas, eyewitness to the incident To prove the incident in question.
2 PW2 Manish Sharma, superdar (brother Who proved that he was the registered owner of of accused Mohit @ Bunty (A3 (against motorcycle no. DL9SNC 8951 Ex. PW2/Article 1, whom proceedings already stand abated which was taken by him on superdari vide superdarinama Ex. PW2/A. has identified the 3 PW3 Anuj Jain, partner of M/s Jai Shree Who proved the factum of receiving the Ganesh Filling Station, GTK Road, Alipur recovered currency amount of Rs. 9,30,000/ Delhi. vide superdarinama Ex PW3/A, which was SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 5 of 28 robbed from the possession of his employees Jitender and Rajender & proved the identity certificate of his employee/accused Sheesh Ram Ex. PW3/C. 4 PW4 Sunil, brother of accused Sumer Who proved the factum of obtaining the motorcycle No. HR10S0972 Ex. PW4/Article1 on superdari vide superdarinam Ex. PW/A, which was in the name of his brother/accused Sumer.
5 PW5 Jitender, complainant/eyewitness Who deposed qua the incident in question.
to the incident.
6 PW6 Rajender, eye witness to the Who deposed qua the incident in question.
incident 7 PW7 ASI Suraj Bhan, duty officer Who proved DD no. 17A Ex. PW7/A, copy of FIR Ex. PW7/B, his endorsement on rukka Ex.
PW7/C and kayami DD no. 21A Ex. PW7/D. 8 PW8 Sh. M.A. Rizvi, the then Addl. DCP Who proved sanction u/s 39 Arms Ex. PW8/A Outer District, Delhi. accorded by him for prosecution of accused Mukesh.
9 PW9 Ct Yaad Ram, witness to Who deposed about the investigation conducted investigation in his presence.
10 PW10 Ct Kuldeep, police witness Who proved the factum of conducting of TIP of case property by the concerned ld. MM.
11 PW11 Pritam, public witness Who deposed about obtaining of four cloth bags from by the IO and return thereof.
12 PW12 HC Sukhvir Singh, concerned Who proved the factum of arrest of accused police witness of PS Narela persons on the basis of secret information and recoveries effected from them at their instance.
13 PW13 HC Rajesh, MHC(M), PS Narela Who proved the factum of depositing of five sealed pullandas sealed with the seal of "MS" by SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 6 of 28 SI Mahavir on 12/04/2012, one motorcycle bearing registration no. DL8SNC8951 along with personal search articles of accused persons vide entry at serial no. 193 in register no. 19 Ex.
PW13/A. He further proved the factum of handing over the aforesaid case property to IO SI Mukesh of the present case viee RC no.
83/21/12 Ex. PW13/B. 14 PW14 Inspector Mahavir, concerned Who proved the factum of arrest of accused police official of PS Narela persons vide kalandara u/s 41.1 (d) Cr.P.C. & u/s 102 Cr.P.C. Ex. PW14/G and recoveries effected from them at their instance.
15 PW15 SI Mukesh, investigating officer Who proved the investigation conducted by him.
7. After completion of prosecution evidence, statements of all the accused persons except accused Mohit @ Bunty (against whom proceedings already stand abated) were recorded u/s 313 Cr.P.C., wherein they denied the case of prosecution and claimed that they have been falsely implicated in this case and no recoveries were effected from them. However they chose not to lead any evidence in defence.
8. I have heard ld. Addl. PP for the State and ld. Defence counsel for the accused persons and have carefully perused the record including written submissions filed on behalf of accused persons.
9. Ld. Addl. PP has submitted that during the course of trial 15 witnesses were examined and complainant Jitender was examined as PW5 and though he supported the prosecution case qua the incident but has not identified the accused persons in the Court as the culprits and has further stated that he can not identify the snatched bag if shown to him due to lapse of time, but when the bag was shown SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 7 of 28 to him he stated that it may be the same bag in which he was carrying cash and the bag was marked as PW5/P1. PW5 has further stated that wades of the notes were of denomination of 500/ and 1000/ and each bag were having sticker of Corporation bank on which the name of their firm I.e Jai Shree Ganesh filling station was written and he further stated that the bag in which he was carrying cash was of cream colour and Raj Shree was written on it. Ld. Addl. PP has admitted that Rajinder who was with the complainant at the time of incident and an eye witness was examined as PW6 and he has also not identified the accused persons in the Court as assailants. She further stated that Sh. Vikas who was also present at the spot at the time of incident was examined as PW1. She further stated that he has also not identified the accused persons in the Court. Sh. Anuj Jain, partner of M/s Jai Shree Filling Station was examined as PW3 and he identified the photocopy of currency notes of amount of Rs. 9,30,000/ which were released on superdari to him. Ld. Addl. PP further stated that PW9 Ct. Yad Ram, PW12 HC Sukhdev Singh, PW14 Inspector Mahavir, PW15 SI Mukesh are recovery witnesses and have clearly stated in their testimony that at the time of recovery of the cash from various accused persons, all the bundles were having slip of Corporation Bank having stamp of Jai Shree Filling Station on them. They have also identified the colour photocopies of recovered currency notes amounting to Rs. 9,30,000/ which were Ex. PW3/Article 1 (colly).
10. On the other hand, ld. Counsel for the accused persons has stated that as per case of prosecution the chance recoveries of different amounts were allegedly effected from the possession of the accused persons but since it is admitted case of the prosecution that the said recoveries were effected outside the territorial jurisdiction of local police station and even after the said recoveries, neither the list of the said recoveries were informed to the officer incharge of the concerned PS SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 8 of 28 nor the concerned ld. Magistrate of the area, therefore the said alleged recoveries are liable to be discarded on that ground itself in view of Section 166 (9) Cr.P.C. In support of his argument, ld. Counsel for the accused persons has relied upon the judgments in the case of Jaffar @ Raju Vs State {2013 (2) JCC 1175 LRC 403} & Rattan Lat Vs State Delhi.
To prove offence u/s 395 IPC against all the accused & offence u/s 395 read with section 397 IPC against accused Mukesh (A1):
11. In order to prove the dacoity in question, the prosecution has examined complainant PW5 Jitender, PW6 Rajender & PW1 Vikas.
12. PW5/complainant Jitender has deposed that he is working as Salesman at Jai Shree Ganesh CNG cum petrol pump, Alipur and handles the cash of entire filling station and the cash is deposited in Corporation Bank, Alipur after every 24 hours. He has further deposed that for deposing the cash, another employee namely Rajender (PW6) accompanies him. He further deposed that on 07/04/2012, at about 9.55 a.m., he along with PW6 Rajender left the filling station with cash of Rs. 13,97,300/0, which was the amount of two days sale as there was holiday on 05/06.04.2011 and they had started on a two wheeler scooter bearing no. HR38J4883. He further deposed that PW6 Rajender was riding the scooter and he was the pillion rider and carrying bag with him and when they reached near Primary Health Centre and Poly Clinic Alipur, one black colour Pulsar motorcycle came in front of their scooter and the motorcyclist stopped in front of their scooter. PW5 has further deposed that two persons were sitting on the motorcycle and one of them tried to snatch the bag containing the aforesaid cash, to which he protested and on his such protest, the motorcyclist hit their scooter as a result of which PW6 Rajender fell down along with the scooter due to the impact of the hit and he SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 9 of 28 (PW5) got down from the scooter. He further deposed that the motorcyclist again tried to snatch the bag containing cash from him and in the meantime one Vikas (PW1) son of Bhoop Singh, who was passing through that place, caught hold of the said snatcher from his collar. PW5 has further deposed that in the meantime, two other motorcycles of black colour came there and two persons were sitting on one motorcycle, whereas three persons were sitting on the other on and all those five persons started saying to the person who tried to snatch that "ise goli maar de, ye bag nahi dega." He has further deposed that on hearing this, the aforesaid snatcher got rescued himself from PW1 Vikas, took out one pistol from his pant and put the same on his (Vikas) temple. PW5 has further deposed that he became perplexed and thereafter all those persons went away after snatching the bag containing cash towards Alipur. He further deposed that police came at the spot and recorded his statement Ex. PW5/A and he also shown the place of occurrence to the IO. He has further deposed that the wades of notes were of Rs. 500/ and Rs. 1000/ denomination and each of the wades of the currency notes were having sticker of "Corporation Bank" on which the name of their firm i.e. "Jai Shree Ganesh Filling"
was written. He has further deposed that the bag in which he was carrying the currency notes, was of cream colour and "Rajshree" was written on it. PW5 has further deposed that he cannot identify the persons who had snatched the bag containing cash from him as he was perplexed. He has further deposed that he cannot identify the case property i.e. bag , if shown to him due to lapse of time. During examination of PW5, one bag Mark PW5/P1 was shown to him and after seeing the same he stated that it could be the bag in which he was carrying the cash.
13. Since PW5 turned hostile and did not support the case of prosecution regarding the identity of accused persons as the culprits, ld. Addl. PP for the State SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 10 of 28 had sought permission of the Court to crossexamine him and during his said cross examination by ld. Addl. PP for the State, PW5 denied the suggestion that he had seen accused Sumer (A8) and Mohit (A3) (against whom proceedings already stand abated) on 14/04/2012 in the lockup and had identified by them as the persons who had asked the snatcher to fire upon him, if he (PW5) was not leaving the bag. He has further denied the suggestion that he had stated the aforesaid facts in his statement u/s 161 Cr.P.C. Mark PW5/PA. PW5 has further denied the suggestion that accused Parvinder/Ravi @ Bhangi (A2) present in the Court, was the person who was riding the motorcycle and hit their scooter and his pillion rider had snatched the bag containing cash or that he (PW5) had identified him in the lockup on 14/04/2012 at PS Alipur. He has further denied the suggestion that he stated the aforesaid facts in his statement Mark PW5/PA. However PW5 has admitted that he came to Rohini Court on 09/06/2012 in connection with some personal work but denied the suggestion that on that day, at about 3.00 p.m., when he was standing outside the Court of Sh. Manish Khurana, ld. MM, accused Mukesh (A1) came there escorted by the police officials or that he had identified him as the person who had snatched the bag containing aforesaid cash from him after putting a pistol on his temple. PW5 has further denied the suggestion that he had stated the aforesaid fact in his statement Mark PW5/B to the IO. He has also denied the suggestion that he had also identified accused Ravi @ Bhangi (A2) as the person who was sitting with accused Mukesh (A1) on the motorcycle and after snatching the bag, he had gone with accused Mukesh. He has also denied the suggestion that he came to know the names of other accused persons as Lalit (A7), Amit (A6), Sumer (A8), Mohit (A3) and Deenu Ram (A5) in the Court and they were the same persons who had asked accused Mukesh (A1) that if he (PW5) did not leave the bag, Mukesh (A1) should fire on him or that these accused were the same persons who had helped accused Mukesh (A1) in snatching the bag from him. He SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 11 of 28 also denied having stated said facts in statement Mark PW5/PB. PW5 has further denied the suggestion that since he was won over by the accused persons, he was intentionally not identifying them before the Court being under fear. He has further denied that accused Mukesh (A1) along with other accused persons present in the Court, had snatched the bag containing cash of Rs. 13,97,300/ from him.
14. PW6 Rajender has deposed similar facts regarding the incident in question as deposed by PW5 Jitender and has stated that he cannot identify the accused persons who snatched the bag from PW5 Jitender as he fell from the scooter and the incident had taken place within a short span of time. Since he did not support the case of prosecution, ld. Addl. PP sought permission to cross examine him and during his said crossexamination, he has admitted that he along with PW5 Jitender had gone to PS Alipur in connection with this case. PW6 Rajender has denied the suggestion that he and his friend Jitender had identified accused Ravi @ Bhangi (on being pointed out by ld. Addl. PP) in PS Alipur as the same person who was driving the motorcycle and had hit against his scooter and his pillion rider had fled away after snatching the bag from PW5 Jitender. He has further denied the suggestion that he had also identified accused Mohit, Sheesh Ram and Sumer (on being pointed out by ld. APP), who were sitting in the lockup as the same persons who were saying that if PW5 Jitender would not leave the bag, he should be fired upon or that helped in snatching bag from Jitender. However PW6 Rajender has admitted that accused Sheesh Ram was the employee of the firm in which he and PW5 Jitender were working at the time of incident. During his further crossexamination by ld. Addl. PP, PW6 Rajender has admitted that he came to Rohini Court on 16/05/2012 at about 3.00 p.m. and participated in TIP proceedings and identified the bag out of many other bags in which his friend PW5 Jitender was carrying the amount of Rs. 13,97,300/ and has stated that he can SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 12 of 28 identify the bag. He has also correctly identified the bag before the Court as Ex. PW6/P1. He has also denied the suggestion that he was won over by the accused persons or that was not willingly identifying the accused persons in the Court due to fear. He has further denied the suggestion that accused Mukesh along with other accused persons had snatched the bag containing cash of Rs. 13,97,300/ from PW5 Jitender.
15. PW1 Vikas has deposed that on 07/04/2012, at about 10.00 a.m., he was going to Haryana Hotel for delivering the goods, which belonged to his father. He further deposed that he saw a crowd had gathered near Govt. Dispensary and further saw from a distance that a quarrel was going on. He further deposed that on reaching there, he came to know that a dacoity had taken place and also came to know that said dacoity had taken place with the employees of petrol pump and further came to know from the workers of petrol pump namely PW6 Rajender and another worker whose name he did not recollect, that the dacoity has been committed. He further deposed that he knew the names of the workers of petrol pump as they used to come to take food from their hotel. PW1 Vikas has further deposed that he had seen the dacoity from a distance and that he cannot identify the persons involved in dacoity as he had seen them from a distance. He further deposed that he also cannot tell as to on which vehicle those persons had come. He further deposed that police came and his statement was recorded. Since PW1 Vikas did not support the case of prosecution, ld. Addl. PP sought permission of the Court to crossexamine him and during his said crossexamination, he has denied the suggestion the he had seen the incident from a close distance or that he had also narrated all the facts regarding the incident to the police in his statement Mark PW1/A dated 07/04/2012. He has further denied the suggestion that he had stated to the police in his statement Mark PW1/A that he saw two of the accused persons SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 13 of 28 were snatching a bag from the hands of PW5 Jitender and PW6 Rajender, employees of Ganesh Filling Station or that on seeing this, he immediately reached near PW5 Jitender and apprehended the accused by the collar of his shirt, who was snatching the bag. He has further denied the suggestion that he had stated to the police in his statement Mark PW1/A that in the meanwhile, three person on one motorcycle and two persons on another motorcycle came at the spot from Jindpur side by driving the motorcycles in speed and surrounded them. He has further denied the suggestion that he had stated to the police in his statement Mark PW1/A that the persons came on motorcycles told to their associates who were snatching the bag that "bag aise nahi chhodega, ise goli maar de" or that immediately thereafter, the person who was snatching the bag, took out the pistol and pointed out the same on the head of PW5 Jitender and snatched the bag. He has further denied the suggestion that he had stated to the police in his statement Mark PW1/A that thereafter all the accused persons fled away from the spot on their pulsar motorcycle towards Alipur. He has further denied the suggestion that he had stated to the police in his statement Mark PW1/A that he can identify the accused persons or that out of the two motorcycles, one was of make 'Apache'. During cross examination of PW1 Vikas by ld. Addl. PP, his attention was drawn towards the accused persons present in the court, on which, he has stated that he cannot identify them as he had seen the incident from a distance. He has denied the suggestion that he was intentionally and deliberately was not identifying the accused persons or that was suppressing the true and incriminating facts being own over by the accused persons and in order to save them.
16. The information regarding the aforesaid dacoity was received at PS Alipur on 07/04/2012 at about 10.02 a.m. and the said information was recorded SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 14 of 28 vide DD no. 17/A Ex. PW7/A by PW7 ASI Suraj Bhan, who was working as duty officer at the concerned PS and the same was marked to PW15 SI Mukesh. SI Mukesh has been examined as PW15. He has deposed that on 07.04.2012, he was posted at PS Alipur and was on emergency duty from 8 am to 8 pm alongwith PW9 Ct. Yaad Ram and on that day DD No. 17A was marked to him and accordingly he alongwith PW9 Ct. Yaad Ram went to the place of occurrence i.e. BDO Block, Alipur, Near Primary Health Centre, Poly Clinic. He further deposed that PCR officials were found present over there and at the spot, they met PW5 Jitender who was the supervisor of Jai Shree Ganesh Filling Station and he recorded his statement. He further deposed that on the basis of statement of Jitender, he prepared rukka Ex.PW15/A, which was handed over to PW9 Ct. Yaad Ram, who went to PS and got the FIR No. 113/12 Ex. PW7/B registered and after registration of FIR, PW9 Ct. Yaad Ram returned back to the spot and handed over the copy of FIR and original rukka to him. PW15 has further deposed that on the spot, he prepared rough site plan Ex.PW15/B of the place of occurrence at the instance of PW5/complainant Jitender. He further deposed that at the spot, he also met PW1 Vikas and PW6 Rajender and recorded their statements U/s 161 Cr.P.C. He further deposed that thereafter he obtained the list of employees of the said Filling Station as well as their phone numbers. He further deposed that thereafter they returned to PS alongwith PW5/complainant Jitender, where PW5 was shown the dossiers for obtaining the clue of the offenders, but PW5 Jitender could not identify the offenders from the said dossiers. PW15 has further deposed that he recorded the supplementary statement of PW5 Jitender in this regard. He has further deposed that on 11.04.2012, PW5/complainant Jitender disclosed the description of the offenders to him and he recorded his supplementary statement in this regard.
17. From the aforesaid statements of PW1 Vikas, PW5 Jitender and PW6 Rajender, the prosecution has miserably failed to prove the identity of accused SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 15 of 28 persons as the assailants/culprits who had committed dacoity of Rs. 13,97,300/ from PW5 Jitender and PW6 Rajender on the date of the incident as all these three witnesses failed to identify all the accused persons before the Court as the ones who were involved in the commission of the offences. Accordingly all the accused persons except accused Mohit @ Bunty (A3) are acquitted for the offence u/s 395 IPC.
18. Since the prosecution has failed to prove offence u/s 395 IPC against the accused persons, therefore accused Mukesh is also acquitted for the offence u/s 397 IPC as it is not proved on record that while committing dacoity on the date, time and place, he used deadly weapon i.e. country made pistol.
Arrest of accused persons and recoveries effected therefrom
19. As per case of prosecution, on 11/04/2012, PW14 Inspector Mahavir was posted at PS Narela as SI. On that day, he alongwith PW12 HC Sukhbir, SI Jaibir and Ct. Kamaljit was on patrolling duty and while they were present near Gole Chakkar, JBlock, DSIDC, one secret informer met PW14 Inspector Mahavir and gave an information to him that three boys amongst the offenders who had committed robbery at petrol pump, near Alipur area around 3 to 4 days ago, would come on a Pulsar motorcycle black colour from Bhorgarh side and would go towards Vijay Bank, DSIDC, Narela, having robbed cash with them and if raided, they could be apprehended. PW14 Inspector Mahavir disclosed the contents of aforesaid information to the aforesaid police officials and also requested 4 to 5 passersby for joining the raiding party, but none agreed and left the spot showing their inability and without disclosing their names and addresses. PW14 Inspector Mahavir has further deposed that thereafter without wasting any further time, barricades were put at Gole Chakkar, JBlock and they started checking the vehicles and at about 5.00 pm, one Pulsar motorcycle bearing registration no. DL8SNC SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 16 of 28 8951 came from the side of Bhorgarh, on which there were three riders. He further deposed that upon seeing them checking the vehicles, the motorcycle riders over the stopped the motorcycle at some distance from barricades. He further deposed that secret informer pointed out towards the said motorcycle and upon his instructions, Ct. Kamaljit rushed towards the said motorcycle and thereafter they also followed Ct. Kamaljit and managed to apprehend accused persons namely Ravi @ Bhangi (A2), Shish Ram @ Sonu (A4) (present in the Court) and accused Mohit {A3 (since expired)}. PW14 Inspector Mahavir has further deposed that accused Ravi (A2) was driving the aforesaid motorcycle and accused Shish Ram (A4) was sitting besides him and accused Mohit {A3 (since expired)} was sitting behind accused Shish Ram (A4). PW14 Inspector Mahavir has further deposed that thereafter he conducted the formal search of all the three accused persons one by one and from the formal search of accused Ravi @ Bhangi (A2), from the right side pocket of his pant, a cash sum of Rs. 1,00,000/ was recovered i.e. 100 notes of Rs. 1000/ denomination and the bundle of aforesaid currency notes was also found having the voucher of Corporation Bank, which further was having stamp of Jai Shree Ganesh Filling Station.
20. PW14 Inspector Mahavir has further deposed that from the formal search of accused Shish Ram (A4), from the right side pocket of his wearing pant, a cash sum of Rs. 70,000/ was recovered i.e. 43 currency notes of Rs. 1000/ denomination and 54 currency notes of Rs. 500/ denomination and the the bundle of aforesaid currency notes was also found having the voucher of Corporation Bank,which further was having stamp of Jai Shree Ganesh Filling Station.
21. PW14 has further deposed that from the formal search of accused Mohit @ Bunty {A3 (since expired)}, from back right side pocket of his wearing SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 17 of 28 pant, cash sum of Rs. 1,00,000/ was recovered i.e. 200 currency notes of Rs. 500/ denomination. The bundle of aforesaid currency notes was also found having the voucher of Corporation Bank, which further was having stamp of Jai Shree Ganesh Filling Station.
22. PW14 Inspector Mahavir has further deposed that accused Ravi @ Bhangi (A2), Mohit @ Bunty {A3 (since expired)} and Shees Ram (A4) were interrogated and they disclosed about being involved in the commission of robbery at Jai Shree Ganesh Filling Station alongwith their accomplices namely Deenu, Mukesh, Amit, Sumer and Lalit. He further deposed that he made enquiries from PS Alipur and it was revealed to him that case FIR no. 113/12 was already registered at PS Alipur, U/s 392/397/34 IPC regarding the robbery at Jai Shree Ganesh Filling Station. PW14 has further deposed that he effected the arrest of aforesaid three accused persons in a kalandara U/s 41.1 (d) read with Section 102 Cr.PC vide arrest memos Ex.PW12/A (of accused Shish Ram), Ex.PW12/B (of Ravi Kumar) and Ex.PW12/C (of Mohit @ Bunty). He further deposed that he kept the recovered currency note from the possession of all three accused persons in three separate plastic containers and the said plastic containers were sealed with the seal of "MS" and were seized vide seizure memos Ex.PW12/E and PW12/F, which were given serial no. 1 to 3. PW14 has further deposed that he recorded disclosure of accused Sheesh Ram Ex.PW12/G, of accused Ravi @ Bhangi Ex.PW12/H and of accused Mohit @ Bunty Ex.PW12/J. Hed further deposed that upon his call, SI Deepak Dahiya, Ct. Jasbir and Ct. Mandeep had also reached at the spot. He further deposed that thereafter all the aforesaid accused persons led them to Village Bankner and pointed out towards H. No. 707, situated at Village Bankner i.e. house of accused Dinu Ram @ Kali (A5). PW14 has correctly identified accused Dinu Ram @ Kali (A5) present in the court as the one, who was apprehended from his SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 18 of 28 aforesaid house. He further deposed that he interrogated accused Dinu Ram @ Kali (A5) and the said accused led them to a room situated on the ground of his aforesaid house and from under the wooden bed kept inside the said room, accused Dinu Ram @ Kali (A5) picked up three bundles. He further deposed that the said bundles were checked by him, which were having voucher of Corporation Bank & also having stamp of Jai Shree Ganesh Filling Station. PW14 Inspector Mahavir has further deposed that he counted all the said three bundles one by one and the first bundle was found containing 100 currency note of Rs. 1000/ denomination i.e. Rs. 1,00,000/, the second bundle was found containing 200 currency notes of Rs. 500/ denomination i.e. 1,00,000/ and third bundle was found containing 24 notes of Rs. 1000/ denomination and 22 notes of Rs. 500/ denomination i.e. Rs. 35,000/. He further deposed that he kept the said three bundles in a plastic container, which was sealed with the seal of "MS" and was given serial no. 4 and was seized vide seizure memo Ex.PW12/J. He further deposed that he arrested accused Dinu Ram @ Kali (A5) vide arrest memo Ex.PW12/K and conducted his personal search vide memo Ex. PW12/L. He further deposed that accused Dinu Ram @ Kali (A5) made disclosure statement Ex.PW12/M and pursuant to his disclosure statement, accused Dinu Ram @ Kali (A5) led them to the house of accused Mukesh (A1) i.e. H. No. 157, Village Bankner, Delhi. PW14 Inspector Mahavir has correctly identified accused Mukesh (A1) before the Court and has further deposed that they managed to apprehend accused Mukesh (A1) from his aforesaid house. He further deposed that he interrogated accused Mukesh (A1) and arrested him vide arrest memo Ex.PW14/A and conducted his personal search vide memo Ex.PW14/B. He further deposed that accused Mukesh made disclosure statement Ex.PW14/C before him and pursuant to his disclosure statement, accused Mukesh (A1) led them to the first floor room and from inside the drawer of almirah from under the clothes, he picked up currency notes and the said currency SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 19 of 28 notes were having slip of Corporation Bank & stamp of Jai Shree Ganesh Filling Station. PW14 has further deposed that he counted the said notes and upon counting the said notes, it came to Rs. 1,35,000/, which were kept in a plastic container, which was sealed with the seal of "MS" and was seized vide seizure memo Ex.PW14/D. He further deposed that the motorcycle recovered from the possession of three accused persons i.e. Ravi @ Bhangi (A2), Mohit @ Bunty (A3) and Sheesh Ram (A4) who were initially arrested, was seized vide seizure memo Ex.PW14/E. He further deposed that the aforesaid accused persons were got medically examined and he deposited the case property in Malkhana. PW14 Inspector Mahavir has further deposed that he lodged DD no. 4A dated 12.04.2012 at PS Narela in this regard, true copy of which is Ex.PW14/F. He further deposed that he also prepared kalandra U/s 41.1(d) Cr.P.C. and 102 Cr.P.C. Ex.PW14/G and informed PS Alipur regarding the arrest, recovery and disclosure statements made by the aforesaid accused persons and that he filed kalandra before the concerned Court and also produced the aforesaid accused persons before the said court. He further deposed that during investigation, IO of the present case recorded his statement and also collected the relevant memos from him.
23. PW15 IO SI Mukesh has deposed that on 12.04.2012, SI Mahavir (PW14) posted at PS Narela, lodged a DD entry at PS Alipur to the effect that five persons were arrested in kalandra U/s 41.1(D) Cr.P.C. and 102 Cr.P.C. and also informed that the said five accused persons had disclosed their involvement in the commission of offence of the present case and got recovered the robbed money. PW15 has further deposed that accordingly on the same day, he went to PS Narela and met PW14 SI Mahavir. He further deposed that he also interrogated five accused persons namely Ravi @ Bhangi (A2), Shish Ram @ Sonu (A4), Deenu Ram @ Kali (A5) and Mukesh (A1) as well as accused Mohit {A4 (since SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 20 of 28 expired)}. He further deposed that on the same day, he alongwith PW9 Ct. Yaad Ram, SI Dinesh, HC Pushpender, Ct. Mahasher, Ct. Sanjeev as well as SHO concerned went to Village Chor Tihara, Sonepat, Haryana in official Gypsy and two other vehicles and on reaching at the aforesaid village, they managed to apprehend accused Amit (A6). He further deposed that he interrogated accused Amit (A6), who disclosed regarding the presence of other two accused persons at Village Panchi. He further deposed that thereafter, they went to the Village Panchi and managed to apprehend accused Lalit (A7) and Sumer (A8) from the house of accused Lalit (A8). He further deposed that he interrogated accused Lalit (A7) and Sumer (A8). He further deposed that he arrested accused Amit, Lalit and Sumer vide arrest memos Ex.PW9/A, Ex.PW9/B and Ex.PW9/C respectively and also conducted their personal search vide memos Ex.PW9/D, Ex.PW9/E and Ex.PW9/F respectively. He further deposed that he also recorded their respective disclosure statements Ex.PW9/G, Ex.PW9/H and Ex.PW9/J respectively. PW15 SI Mukesh has further deposed that pursuant to his disclosure statement, accused Lalit (A7) led them to his house and took them in the last room situated at the right side and picked up currency notes from inside the iron box kept in the said room. He further deposed that the said currency notes were counted, which were Rs. 2 lacs in total. He further deposed that accused Lalit (A7) and Sumer (A8) disclosed that out of the said amount of Rs. 2 lacs, Rs. 50,000/ was the share of accused Lalit (A
7) and Rs. 1,50,000/ was the share of accused Sumer (A8) and further disclosed that the said currency amount of Rs. 2 lacs was the robbed amount, which was robbed from BDO Block, Alipur. PW15 SI Mukesh has further deposed that the said currency notes were four bundles of Rs. 500/ denomination having slip of Corporation Bank and word "Jai Shree Ganesh Filling Station" on the top of the bundles. He further deposed that he kept the said currency notes in a cloth pullanda, which was sealed with the seal of "MR" and was seized vide seizure SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 21 of 28 memo already Ex.PW9/K. PW15 has further deposed that accused Lalit (A8) also got recovered one 'Apache' motorcycle and accused Sumer (A8) also got recovered one Pulsar motorcycle from the house of accused Lalit (A8). PW15 SI Mukesh has further deposed that he seized the 'Apache' motorcycle vide seizure memo Ex.PW9/L and Pulsar motorcycle vide seizure memo Ex.PW9/M.
24. PW15 SI Mukesh has further deposed that thereafter, accused Amit (A6) led them to his house at Village Tihara and got recovered currency amount of Rs. 90,000/ from under the mattress of double bed kept in the first floor room of his house and the said currency notes were in the denomination of Rs. 500/. He further deposed that accused Amit (A6) disclosed that the said amount of Rs. 90,000/ was the amount, which was robbed from BDO Block, Alipur. He further depsed that the said currency notes were in the denomination of Rs. 500/ having slip of Corporation Bank and word "Jai Shree Ganesh Filling Station" on the top of the bundles. PW15 has further deposed that he kept the said currency notes in a cloth pullanda, which was sealed with the seal of "MR" and was seized vide seizure memo Ex.PW9/N.
25. PW15 SI Mukesh has further deposed that thereafter, the aforesaid three accused persons pointed out the place of occurrence and he prepared the pointing out memo Ex.PW9/O at the instance of accused Sumer. He further deposed that thereafter they returned back to PS and deposited the case property in the Malkhana.
26. PW13 HC Rajesh has deposed that on 12/04/2012, he was posted at PS Narela and was working as MHC(M). On that day, PW15 SI Mahavir Singh got deposited five pullandas sealed with the seal of "MS: and one motorcycle bearing SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 22 of 28 registration no. DL8SNC8951 alongwith personal search articles in the malkhana and he made entry at serial no. 193 in register no. 19, photocopy of which is Ex. PW13/A.
27. PW15 SI Mukesh has further deposed that thereafter he alongwith PW9 Ct. Yaad Ram, HC Pushpender and other staff reached at Rohini Court, where PW14 SI Mahavir produced accused Ravi (A2), Mohit {A3 (since expired)}, Shish Ram (A4), Deenu Ram (A5) and Mukesh (A1) before the concerned court. He further deposed that he moved an application and obtained permission for interrogation of aforesaid five accused persons and after interrogation, he arrested accused Mukesh, Ravi @ Bhangi, Deenu Ram, Mohit and Shish Ram vide arrest memos Ex.PW9/P1, Ex.PW9/P2, Ex.PW9/P3, Ex.PW9/P4 & Ex.PW9/P5 respectively. PW15 has further deposed that thereafter he moved an application for TIP of aforesaid five accused persons, but said accused persons refused to participate in judicial TIP and he obtained the copy of the said proceedings. PW15 has further deposed that he also obtained two days' P/C remand of aforesaid five accused persons and during said P/C, the aforesaid five accused persons led them to the place of incident and pointed out the same vide pointing out memos Ex.PW9/Q 1 (of accused Deenu Ram), Ex.PW9/Q2 (of accused Mohit), Ex.PW9/Q3 (of accused Ravi @ Bhangi) and Ex.PW9/Q4 (of accused Mukesh).
28. PW15 SI Mukesh has further deposed that thereafter, all the aforesaid eight accused persons were got medically examined. He further deposed that he interrogated accused persons namely Mukesh (A1), Deenu Ram (A5), Mohit {A3 (since expired)}, Ravi @ Bhangi (A2) and Shish Ram (A4) at PS and recorded their disclosure statements Ex.PW9/R1 to Ex.PW9/R5 respectively. He further deposed that accused Mukesh (A1) disclosed that he could get recovered the SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 23 of 28 weapon of offence i.e. pistol and the bag in which the currency amount was kept and in pursuant to his disclosure statement, accused Mukesh led them to Village Bankner on 13.04.2012. PW15 has further deposed that they reached at the house of accused Mukesh (A1) at Village Bankner at about 1.00 am and said accused took them to a room built on the first floor of the said house and from inside the single room built on the first floor, accused Mukesh (A1) opened an iron almirah kept on the eastern side of the room and picked up one country made katta from the upper drawer and told them that the said katta was used in the commission of offence of the present case. PW15 SI Mukesh has further deposed that he prepared the sketch of the katta Ex.PW9/R6 and also measured the same. He further deposed that he also mentioned the measurements of the recovered katta on the sketch itself. He further deposed that he kept the recovered katta in a cloth pullanda, which was sealed with the seal of "MR" and was seized vide seizure memo Ex.PW9/R7. He further deposed that thereafter accused Mukesh (A1) picked up one cloth bag of cream colour from the another drawer of the aforesaid almirah, which was checked on which 'Rajshree Pan Masala' and other particulars were written and he (PW15) kept the said bag in a cloth pullanda, which was sealed with the seal of "MR" and was seized vide seizure memo Ex.PW9/R8. PW15 SI Mukesh has further deposed that during investigation, efforts were made to effect the recovery of remaining robbed cash, but in vain.
29. PW15 has further deposed that during investigation, he moved an application for TIP of accused persons namely Amit (A6), Sumer (A8) and Lalit (A
7), but they refused to participate in TIP proceedings and he obtained the copy of TIP proceedings. He further deposed that he also recorded the statement of witnesses including supplementary statement of complainant.
SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 24 of 2830. PW15 has further deposed that during investigation, the pullanda containing pistol and thereafter live cartridges (procured at the demand of FSL Authority) were sent to FSL through Ct. Jagjit. He further deposed that on completion of investigation, he prepared chargesheet and on receipt of FSL result Ex.PX, he obtained sanction U/s 39 Arms Act Ex. PW8/A from Additional DCP Sh. M.A. Rizvi (PW8) for prosecution of accused Mukesh (A1) and filed the same in the court. He further deposed that he also obtained the CDRs of the mobile numbers of the accused persons and filed the supplementary chargesheet.
31. During his examination, PW15 SI Mukesh has identified the katta Ex.PX & cloth bag Mark PW5/P1/Ex.PY, which were got recovered by accused Mukesh and the coloured photocopy of currency note amount of Rs. 9,30,000/ Ex.PW3/ArticleI (colly.) as the one which were recovered from accused Amit (A6) i.e. Rs. 90,000/, from accused Lalit (A7) i.e. Rs. 2,00,000/.
32. It is pertinent to mention that after recovery of the robbed amount of Rs. 9,30,000/, PW3 Anuj Jain took the said amount on superdari by the order of the Court vide superdarinama Ex. PW3/A and at that time the photocopies of the said currency notes were taken. He has also identified the photocopies of currency notes before the Court as Ex. PW3/Article1 (colly).
33. It is pertinent to mention here that identity of pulsar motorcycle bearing registration no. DL8SNC8951 on which accused Ravi @ Bhangi, Shish Ram @ Sonu and Mohit came at Gole Chakkar, J Block and were apprehended by PW14 Inspector Mahavir, Apache motorcycle no. HR10Q1348 Ex. PZ got recovered by accused Lalit (A7) & another Pulsar motorcycle bearing registration no. HR10S0972 got recovered by accused Sumer (A8), were not disputed by the SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 25 of 28 accused persons being already released on superdari.
34. It is further pertinent to mention here that on 16/05/2011, PW10 Ct Kuldeep along with PW15 SI Mukesh took the sealed parcels (case property) sealed with the seal of "MR", in the Court of Sh. Deepak Wason, Ld. MM, where the TIP of the case property was fixed and was conducted and after TIP, the sealed parcels with the seal of "DW" i.e. Court seal were handed over to PW15 SI Mukesh, who in turn gave to the same to PW10 Ct Kuldeep and the same were deposited in the malkhana.
35. Thus from the evaluation of evidence of aforesaid witnesses, it is revealed that following amounts/articles were recovered from the possession of accused persons: S.No. Name of accused Amount/article recovered
1. Mukesh (A1) I) Rs. 1,35,000/
ii) Cloth bag
iii) country made pistol
2. Ravi @ Bhangi (A2) Rs. 1,00,000/
3. Shees Ram (A4) Rs. 70,000/
4. Deenu Ram @ Kali (A4) Rs. 2,35,000/
5. Amit (A6) Rs. 90,000/
6. Lalit (A7) Rs. 50,000/
7. Sumer Rs. 1,50,000/
36. In the statements of PW9 Ct Yad Ram, PW12 HC Sukhvir Singh, PW14 Inspector Mahavir and PW15 SI Mukesh, it has come that the alleged recovered currency notes were having the vouchers of Corporation Bank and stamp of Jai Shree Ganesh Filling Station, but neither PW5 complainant Jitender has stated in his earlier statement made to the police on the basis of which the present case was SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 26 of 28 got registered, that the robbed amount was having vouchers of Corporation Bank or stamp of Shree Ganesh Filling Station nor PW6 Rajender has stated any such fact in his statement recorded u/s 161 Cr.P.C. Though in the recovery memos of alleged recovered currency notes, the factum of vouchers of Corporation Bank and stamp of Shree Ganesh Filling Station is mentioned but no such vouchers or stamp are available on record which could have proved that the same were annexed with the bundles of the alleged recovered notes. Although it is admitted case of prosecution that the recovered robbed amount after recovery was released on superdari, but it was for the prosecution to keep said vouchers of corporation bank and stamp of Shree Ganesh Filling Station on record to prove the factum of recovery. Moreover, as per prosecution case, one of the accused Sheesh Ram (A4) was working in M/s Jai Shree Ganesh Filling Station, GTK Road, Alipur, Delhi, and PW3 Anuj Jain has provided employee state insurance corporation temporary identity certificate of the said accused to the IO on 06/07/2012 and stated that he joined the filling station 7 8 days prior to the incident and he was also in the service on the date of the incident. Both PW5 Jitender and PW6 Rajender have nowhere stated in their initial statements to the police that accused Sheesh Ram (A4) was amongst the robbers who had looted the robbed amount from them. Furthermore, as per prosecution version, accused Mukesh (A1) was firstly arrested by PW14 Inspector Mahavir in kalandara u/s 41.1 (d) Cr.P.C. and 102 Cr.P.C. Ex. PW14/G and in pursuant to his disclosure statement, he got recovered the alleged robbed amount of Rs. 1,35,000/ from his house. From the statement of PW15 SI Mukesh, it has come on record that accused Mukesh (A1) had made another disclosure and in pursuant thereto he got recovered one country made katta and one cloth bag of cream colour from his house. It is quite surprising as to why the said two articles were not got recovered by accused Mukesh (A1) at the time of effecting initial alleged recovery of robbed amount of Rs. 1,35,000/ from his house. If the said two articles would have been SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 27 of 28 in his possession, he would have got recovered the same at first instance and there was no reason for him to make another disclosure regarding getting effected the recovery of katta and cloth bag. Moreover, PW5 Jitender has stated in his testimony that he cannot identify the bag even if shown to him due to lapse of time but when bag was shown to him, he stated that it may be the same bag in which he was carrying the cash and the bag was marked as Mark PW5/P1. If PW5 would have been carrying the bag containing cash on the day of incident, he would have certainly identified the same before the Court but since he was not so sure about the same, the recovery of bag from the possession of accused Mukesh (A1), seems to be doubtful. Moreover, I find force in the argument raised by ld. Counsel for accused persons as admittedly after the various alleged aforesaid recoveries, neither the officer incharge of the concerned PS nor the concerned ld. Magistrate was informed about the same. Also no public witness was joined nor seriously attempted to join the investigation at the time of alleged recoveries or during preparation of the recovery memos. Thus the recoveries are doubtful.
37. From the aforesaid discussion, I am of the considered opinion that recoveries of currency notes effected from the accused persons is doubtful and does not inspire confidence. Even recovery of katta and cloth bag from the possession of accused Mukesh (A1) is also doubtful. Accordingly all the accused persons except accused Mohit @ Bunty (since expired) are acquitted for the offence u/s 412 IPC. Accused Mukesh is also acquitted for the offence u/s 25 of Arms Act.
Digitally signed by ASHUTOSH ASHUTOSH KUMAR
Announced in the Open Court KUMAR
(Ashutosh Kumar)
Date: 2019.07.04
17:03:20 +0530
On 4th of July 2019 Addl. Sessions Judge: 04 (North)
Rohini Courts: Delhi
SC No. 57900/2016 FIR no. 113/2012 PS Alipur State Vs Mukesh & Ors. Page 28 of 28