Delhi District Court
State vs Bhola Etc on 7 December, 2024
IN THE COURT OF SH. SUSHIL ANUJ TYAGI, ASJ-04
CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI.
CNR No.DLCT01-007132-2018
SC No. 387/2018
FIR No. 79/2018
U/s. 328/379/411/34 IPC
PS Kotwali
STATE
vs.
1. Bhola
S/o. Sh. Mohd. Alimuddin
R/o. Village Behlagudi
Sukhrani, Kishan Ganj, Bihar.
2. Mujaffar Alam (Since deceased. Proceedings abated)
S/o. Sh. Nizamuddin
R/o. Village Bahadurpur, PS Thakur Ganj,
Kishan Ganj, Bihar.
Date of institution of case : 25.05.2018
Date on which judgment reserved : 08.10.2024
Date on which judgment pronounced : 07.12.2024
Decision : Convicted.
JUDGMENT
1. In the present case, accused Bhola and Mujaffar Alam have been charged and tried for the offence punishable under Section 328/379/34 on the allegations that they administered intoxicated substance i.e. Lorazepam to the FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 1 of 24 victim Mangru and committed theft of his belongings. The accused Bhola is also charged for the offence u/s 411 IPC as the stolen belongings of the victim were recovered from his possession.
BRIEF FACTS OF THE CASE
2. The brief facts of the case are that one information vide DD no. 30 PP Red Fort dt 20.03.18 was received that one unknown person has been admitted in LNJP hospital in unconscious condition by HC Robin. IO reached at the hospital and found the victim unfit for statement. IO along with HC Robin reached at the spot where ASI Ravinder handed over the accused Bhola as TSR driver, the belongings of victim and strip of medicines to the IO. IO also recorded the statement of complainant Pappu who alleged that accused Bhola had thrown the victim in unconscious condition from his TSR and that the belongings of victim and strip of medicines were found from the accused. On such statement, the present FIR was registered on 20.03.2018 under Section 328/379/411/34 IPC. The accused Bhola was arrested and on his disclosure statement the co-accused Mujaffar Alam was also arrested. As per prosecution story, the accused Bhola was identified by the victim in the police station after the victim was discharged from the hospital and the co- accused Mujaffar Alam was also correctly identified in TIP proceedings by the victim. The FSL result revealed that the strip of medicines and the gastric lavage of victim contained Lorazepam.
FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 2 of 24
3. After completion of investigation, charge-sheet was filed in the Court against both the accused persons namely Bhola and Mujaffar Alam for the offences punishable under Sections 328/379/411/34 IPC.
4. After complying with the provisions of Section 207 Cr.
P.C., ld. M.M. committed the case to the Court of Sessions.
CHARGE
5. The charge under section 328/379/34 IPC was framed against both the abovementioned accused persons to which they pleaded not guilty and claimed trial. Separate charge u/s 411 IPC was framed against accused Bhola to which he also pleaded not guilty and claimed trial.
6. The accused Mujaffar Alam expired during the trial and the proceedings stood abated against him.
PROSECUTION EVIDENCE
7. During prosecution evidence, in order to substantiate its case against the accused Bhola, the prosecution has examined total 12 witnesses.
8. PW-1 Sh. Pappu was the complainant in the present case who deposed that he is a farmer by profession. He further stated that on 20/03/2018, at about 4 pm, he alongwith some more persons were present at a tea shop under the flyover leading to Geeta colony. The said tea shop is situated nearby temple. He further stated that in the FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 3 of 24 meanwhile, he noticed one auto/TSR came in speed and one person was thrown/fallen down from the said TSR. The said TSR came in a speed towards them and all of sudden took U turn and in that process, bags which were kept in auto were also thrown out and TSR was being driven in fast speed towards the service road Iron bridge. He further stated that he got suspicious and chased the said TSR by his bike and after moving some distance, the said TSR was stopped by the driver and the driver started checking the said TSR, meanwhile, he reached there and after seeing him, the said TSR driver started the said TSR and tried to flee away, however, he made to stop the said TSR by coming in front of the said TSR. He further stated that he apprehended the TSR driver and asked about the person and bags thrown out from the TSR, upon which, the TSR driver replied that the bags belonged to a person who was waiting for him at a few distance. He pointed towards accused Bhola and submits that he is the same person who was driving the aforesaid TSR and was apprehended by him. He further stated that in the meanwhile, the persons who were sitting with him at Tea shop came to him alongwith the person who was thrown out from the TSR and said person was in inebriated condition (नशे की हालत में ). He further stated that many other public persons also started gathering there. Public persons had beaten the accused Bhola. He further stated that accused Bhola had asked to go to urinate and while he was urinating, he had thrown something nearby. Due to suspicion, they had searched FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 4 of 24 the said thing which was thrown by accused and it was found that medicine/ tablets strips were thrown by accused which were wrapped in a paper. Some of the medicines were not in the said strips. However, number of tablets were found in the said strips of medicine. He further stated that the last four digits of said TSR were 4864. He further stated that in the meanwhile, police officials reached at the spot. Public persons handed over the accused alongwith the said medicines strips to ASI Ravinder who reached there while on patrolling. He further stated that the person who were thrown out from the TSR was sent to hospital through one another police official. They got suspicion that accused might have given intoxicated substances to the aforesaid person and the said bags belonged to said person. After sometime, IO SI Prakash came there and he made complaint Ex. PW-1/A regarding the same. He further stated that police had seized the aforesaid recovered strips of medicine vide seizure memo Ex.PW1/B bearing his signature at point A. Police had also seized the aforesaid bags vide seizure memo marked as Mark Z and is exhibited as Ex.PW1/C bearing his signature at point A. He further stated that the site plan Ex. PW-1/D was prepared. The aforesaid TSR was seized vide seizure memo Ex.PW1/E bearing his signature at point A. Accused was arrested and personal searched vide memos Ex.PW1/F and Ex.PW1/G respectively, both bearing his signatures at points A. Accused made disclosure statement Ex. PW-1/H bearing his signature at point A. FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 5 of 24
9. PW-2 Vidhan Kumar, CMO, Lok Nayak Hospital deposed that on 20.03.2018 at about 4.30 p.m., he examined one patient name (unknown) (in semi- conscious condition) aged about 50 years, male, vide MLC No. 111732467 Ex. PW-2/A. The patient was referred to medicine emergency department for further examination and management.
10. PW-3 Sh. Mangru is the victim in the present case. He stated that he is a labour and working in a steel factory situated in Wazirpur, Delhi. He further stated that on 20.03.2018, at about 2.00-2.30 pm, he was going to his native place i.e. Sultanpur and he had to board Sadbhawana Train and when he reached Azadpur for catching a bus, one auto came to him and asked as to where, he had to go. He informed the same to him but he showed his inability to hire said TSR. He further stated that in the meanwhile, one another person came to him and asked as to where he had to go. He replied that he had to go Lucknow, which falls on the route of Sultanpur, upon which the said person stated that he had to go Kanpur. The said person had asked him to board in the said TSR to catch the train and upon his request, he along with said person boarded in the aforesaid TSR. The said TSR was being driven by the accused. The witness also pointed towards accused Muzaffar Alam and stated that the he is the said person upon whose request, he had boarded in the TSR of Bhola. The said TSR was being driven by accused Bhola and accused Muzaffar was FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 6 of 24 sitting with him in the rear seat of the TSR. When their TSR reached near Model Town, accused Muzaffar said that he wants to drink water and the said TSR got stopped. Accused Muzaffar asked accused Bhola if he was having change of Rs.500 and upon which accused Bhola relied in negative. In the meanwhile, accused Muzaffar asked him to keep his wrist watch which was worn by him and his mobile phone in the bag which was being carried by him. He further stated that he was having two bags with him as he was going to his native place. Upon the asking of accused Muzaffar, he kept the same in his bag. The bags were kept on the rear diggi of the said TSR. Accused Muzaffar had gone out of the TSR and brought three glasses of water and first of all, accused Muzaffar had given first glass of water to accused Bhola and the second to him. He further stated that they drank the water. Accused Muzaffar was also having a bottle of juice. He offered the said to him but he refused to take the same but he again insisted him to have it and had given the said juice to him. He drank the juice. Thereafter, they proceeded towards the Railway Station, however, in the middle of the way, he lost his consciousness and when he gained consciousness, he found himself near Karol Bagh Park. The entire incident took place on Tuesday and on Thursday, he went to Police Station where he had identified accused Bhola. He was treated in Irvin (LNJP) Hospital. He further stated that he did not know who took him to the Hospital. He was not aware as to when he got discharged from the FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 7 of 24 hospital. His belongings were received to him by the order of the Court. He had also received leg injury in the present incident. He further stated that during investigation, he had also gone to Jail alongwith IO to participate in Judicial TIP where in the presence of learned Magistrate, he had identified accused Muzaffar as culprit of the offence. He had also signed TIP proceedings.
11. PW-4 ASI Satya Brahm was the duty officer who recorded the FIR Ex. PW-4/A, made endorsement Ex. PW-4/B on the rukka and also gave the certificate u/s 65B Indian Evidence Act Ex. PW-4/C.
12. PW-5 Mr. Birjanand Dev was the owner of the TSR bearing no. DL 1RL 4864. He stated that he is the owner of TSR bearing registration No. DL 1RL 4864. He further stated that on 10/03/2018, he had given the said TSR to accused Bhola on rent on daily basis. At that time, accused Bhola was residing in house No. A-16, Gali no.1, New Usman Pur. Accused Bhola had given him the rent of said TSR till 19/03/2018, however, he did not come to him on 20/03/2018 onwards. On inquiry, he came to know about the involvement of accused Bhola and his TSR in the present case. He had moved an application of superdari before the concerned Court. He had taken his aforementioned TSR on Superdari vide superdaginama vide Ex.PW5/A bearing my signature at point A. Photocopy of RC is marked as Ex.PW5/B bearing his signature at point A. Copy of my Driving License is FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 8 of 24 marked as Ex.PW5/C bearing his signature at point A. Panchmana of vehicle is Ex.PW5/D bearing his signature at point A. While releasing the vehicle to him, its photographs were taken. Photocopy are already Ex.P1/1, P1/2, and Ex. PW5/1 and Ex. PW5/2 were also taken and shown to witness who correctly identified the same and stated that the same belong to his TSR.
13. PW-6 HC Amit Kumar deposed that on 24.04.2018, he along with SI Prakash Chand came at Tis Hazari Court. Accused Muzaffar Aalam was produced on production warrants. With the permission of the Court, SI Prakash Chand interrogated accused Muzaffar Aalam and recorded his disclosure statement Ex. PW6/A bearing his signature at Point A. IO Prakash Chand formally arrested accused Muzaffar Aalam vide Arrest Memo Ex. PW6/B bearing his signatures at Point A. He identified the accused Muzaffar Aalam. (Accused Muzaffar Aalam had expired and the proceedings against him are abated).
14. PW-7 HC Robin deposed that on 20.03.2018, he was patrolling in the area and when he reached at Golden Jubilee Park, he saw public persons were gathered there and one person was lying unconscious. He immediately took him to LNJP Hospital in a TSR and he admitted him there. SI Prakash Chand came at hospital and collected the MLC of injured. Thereafter, he along with SI Prakash Chand came back to the spot. ASI Ravinder and the public persons were present at the spot who handed over the accused Bhola, TSR and bag to SI Prakash Chand. FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 9 of 24 ASI Ravinder also handed over one strip of tablet to SI Prakash Chand. SI Prakash Chand recorded the statement of public person, whose name he did not remember, prepared the rukka and handed over the same to him which he took to Police Station for getting the FIR registered. He came back to the spot and handed over original rukka and copy of FIR to the IO SI Prakash Chand. He further stated that IO arrested accused Bhola. IO also seized the TSR vide Seizure Memo Ex. PW1/E. IO also seized the bags containing articles vide Seizure Memo Ex. PW1/C bearing his signatures at point B. IO also converted the strip of tablets into a pullanda, sealed with the Seal of PC and seized vide Seizure Memo Ex. PW1/B bearing his signatures at point B. IO recorded his statement. Witness correctly identified the photographs exhibited as Ex. P1/1, Ex. P1/2, Ex. P1/3, Ex. P1/4, Ex. P1/5 and Ex. P1/6 to be of the TSR and bags containing articles which were seized by the IO at the spot.
15. PW-8 HC Uday deposed that on 22.03.2018, he joined the investigation with the IO SI Prakash Chand. Accused Bhola was taken out from the lockup of Police Station and was brought to Police Post. IO SI Prakash Chand was interrogating the accused, in the meantime, one public person namely Mangru came there and he identified the accused Bhola stating that he along with his one companion had given him intoxicating substance mixed with water and juice. Accused Bhola was medically FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 10 of 24 examined in the hospital. Thereafter, IO recorded his statement.
16. PW-9 Retd. SI Prakash Chand is the first IO of the present case who deposed that on 20.03.2018, he was posted as SI at PP Red Fort of PS Kotwali. He further stated that on that day, on receipt of DD No. 30 PP, now Ex.PW9/A Red Fort, he reached at LNJP Hospital where he collected the MLC of unknown person. Ct. Robin who admitted the injured in the hospital was also present in the hospital. He along with Ct. Robin came at the spot i.e. in front of Golden Jubilee Park, Service Road, Yamuna Khadar, Delhi. ASI Ravinder and public persons including Pappu met them there and they produced Accused Bhola to him. They also produced one TSR and two bags containing articles and also produced one strip of tablet to him. He further stated that the said strip was containing 09 tablets. He seized the TSR vide Seizure Memo exhibited Ex. PW1/E bearing his signatures at point C. He also seized bags containing articles vide Seizure Memo exhibited Ex. PW1/C bearing his signatures at point C. He converted strips of tablets into a pullanda, sealed with the Seal of PC and seized vide Seizure Memo exhibited Ex. PW1/B bearing his signatures at point C. He recorded the statement of Pappu Ex. PW1/A and attested by him at point B. He prepared the rukka Ex. PW9/B bearing his signatures at point A and handed over it to Ct. Robin, who took the same to PS for getting the FIR registered. After some time, Ct. Robin FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 11 of 24 came back at the spot and handed over to him the original rukka and copy of FIR. He interrogated the accused Bhola and arrested him vide arrest memo exhibited as Ex. PW-1/F bearing his signature at point B and he conducted his personal search vide memo exhibited as Ex. PW-1/G bearing his signature at point B. He recorded the statement of accused vide Ex. PW-1/H bearing his signature at point B. He inspected the spot at the instance of complainant Pappu and prepared the site plan as Ex. PW-1/D bearing his signature at point B. Case property was deposited in the malkhana. Accused was medically examined. He searched for another accused but he could not be traced. On the next day, accused Bhola was produced in the Court and taken to one day PC remand. He further stated that on 22/03/2018 when he was interrogating the accused at PP Red Fort, injured Magru came there and he identified the accused to be the person who alongwith his companion had given him intoxicant mixed water and juice. He recorded the statement of witnesses. Accused Bhola was produced in Court from where he was sent to judicial custody. Accused Muzaffar Alam was arrested by the police of PS Seema Puri in another case and they got recorded the information at PS Kotwali. He further stated that on 24.04.2018, he along with Ct. Amit came at Tis Hazari Court. Accused Muzaffar Aalam was produced on production warrants. He further stated that with the permission of the Court, he interrogated accused Muzaffar Aalam and recorded his disclosure statement as Ex. PW6/A bearing his signature FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 12 of 24 at Point B. He formally arrested accused Muzaffar Aalam vide Arrest Memo as Ex. PW-6/B bearing his signatures at Point B. He further stated that he sent the pullanda of strip of tablets to FSL for examination. He further stated that since pending the FSL result, he completed the investigation, prepared the charge-sheet and filed the same in the Court. He further stated that he was retired from the service, he deposited the case file with MHC(R). He identified the case property correctly.
17. PW-10 ASI Ravinder Kumar deposed that on 20/03/2018, at about 4:00 PM, he was on patrolling and when they reached at Slip Road, Yamuna Khadar, he saw one person namely Pappu who used to run a tea shop there had stopped one TSR. He also saw that Ct. Robin of their police station was taking one person who was unconscious to the hospital. Pappu told him that he saw one bag falling from the said TSR and on suspicion, he stopped the TSR and apprehended the TSR driver whose namely was revealed to him as Bhola. Pappu also handed over him one strip of 9 tablets stating that the same were thrown by the accused on the ground and he had lifted the same. SI Prakash Chand and Ct. Robin came at the spot from LNJP hospital. He handed over accused, the TSR, two bags containing articles and strip of tablets to SI Prakash Chand IO of the case. IO recorded the statement of Pappu and got registered the FIR through Ct. Robin. IO seized the tablet strip vide seizure memo Ex. PW-1/B bearing his signature at point D. IO also seized the bags FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 13 of 24 containing the articles vide seizure memo as Ravinder Ex.PW-1/C. IO also seized the TSR bearing No. DL 1RL 4864 vide seizure memo Ex. PW-1/E bearing his signature at point D. Accused Bhola was arrested vide arrest memo as Ex. PW-1/F bearing his signature at point C. His personal search was conducted vide memo as Ex. PW-1/G bearing his signature at point C. His disclosure statement was recorded vide memo Ex. PW-1/H bearing his signature at point C. IO recorded his statement. He identified the case property correctly.
18. PW-11 HC Jitender deposed that on 20/03/2018 he was posted at PS Kotwali as MHC(M). Pursuant to receipt of summons from the court he brought register no. 19 and register no.21 pertaining to year 2018. As per entry at sl. no. 5492 in register no.19 pertaining to year 2018, SI Prakash Chand in case FIR no. 79/18 u/s 328/379/411 IPC on 20/03/2018 had deposited one unsealed bag alongwith one sealed pullanda duly sealed with the seal of PC alongwith personal search of the accused and one TSR bearing registration No. DL 1RL 4864. Copy of the said entry is Ex.PW- 11/A(OSR). On 21/03/2018 as per entry at sl. no. 5493 in register no.19 pertaining to year 2018, SI Prakash Chand in the present case had deposited one sealed pullanda alongwith sample seal sealed with the seal of LNH NEW DELHI. Copy of the said entry is Ex.PW-11/B(OSR). On 26/03/2018 the above said bag was released to Magru vide order of the Id. MM. On 09/04/2018 the above said TSR was released to FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 14 of 24 Birchanand on superdari vide of the order of the ld. MM. On 14/05/2018 vide RC no.97/21/18 he handed over all the 2 pullandas alongwith sample seal to Ct. Sandeep for depositing in FSL. On return, he had deposited copy of RC Ex.PW-11/C(OSR) bearing his signature at point A with FSL receipt Ex.PW-11/D(OSR) in the malkhana. On 26/08/2020 the above said personal search of the accused was released to the accused Bhola Prasad vide order of the Id. ASJ. He stated that during the period the parcels containing the case property had remained under his control, the seals had remained intact and were not tampered in any manner by anyone.
19. PW-12 ASI Babu Lal deposed that in the month of September, 2018, the then SHO Inspector Rajeev Bhardwaj marked the present case to him for further investigation regarding the FSL report. He further stated that on receipt of FSL report no. FSL2018/C-4274 dated 10.08.2018 Ex. PA-1 alongwith forwarding letter, he prepared the supplementary charge-sheet and filed in the Court.
STATEMENT OF ACCUSED U/S 313 CR.P.C.
20. The PE was closed and the statement of accused Bhola under section 313 Cr. P.C. was recorded. All the incriminating evidence was put to him to which he denied all the allegations and stated that on 20/03/2018, he was coming from Model Town to Kashmere Gate via Azadpur. Two unknown persons gave him the sign to FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 15 of 24 stop and asked him to go to Anand Vihar Railway Station. They boarded his auto and after reaching at Model Town, one of the said persons asked him to stop the auto and he went to buy a water bottle. After that they continued their journey and on reaching at Old Yamuna bridge, they asked him to stop and left the auto. Then he left the spot and he does not know after that. He opted not to lead defence evidence.
FINAL ARGUMENTS
21. The Addl. PP for the State argued that the prosecution has proved its case against the accused beyond reasonable doubts and the presence of the accused at the spot is not disputed. It is further argued that the statements of the eye witnesses and the police officials corroborate with each other. It is further argued that there is sufficient evidence on record to convict the accused and the case has been sufficiently proved by the prosecution.
22. Ld. Counsel for the accused Bhola argued that the accused Bhola was arrested on 20.03.18 and was released on bail on 20.03.24. It is contended that the accused was released on interim bail on several occasions but he did not misuse the liberty of bail. It is argued that the accused has not been involved in any kind of criminal activity and not previously convicted by any other court of law. It is argued that the accused is sole bread earner of the family and have four unmarried daughters to maintain. It is argued that all the allegations are made against accused FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 16 of 24 no. 2 Mujaffar Alam and there is no single allegation against the accused Bhola. It is argued that the prosecution has failed to prove its case against accused Bhola and it is a fit case for acquittal. It is further argued that no recovery was made from the accused and that he is having clean antecedents. It is therefore, prayed that the accused may kindly be acquitted.
LAW, ANALYSIS, APPRECIATION OF EVIDENCE AND COURT FINDINGS
23. This court has heard the final arguments from both the sides and has meticulously perused the judicial record.
24. In the present case, the accused Bhola has been charged for the offence under section 328/379/411/34 IPC.
25. It is trite in law that to bring home conviction of accused, the prosecution has to establish its case beyond any reasonable doubt and the accused is presumed to be innocent till the time he is proved guilty and any benefit of doubt goes in the favour of the accused.
26. The prosecution was under statutory obligation to prove that:
the accused Bhola in furtherance of his common intention with co-accused Muzaffar Alam (now deceased) had administered intoxicating substance i.e. Lorazepam to the victim Mangru to facilitate the commission of theft FIR No. 79/2018 State Vs. Bhola and Anr. PS Kotwali, U/s. 328/379/411/34 IPC 17 of 24 and also committed theft of belongings of victim Mangru and also that the accused Bhola was found in possession of the stolen belongings of victim Mangru.
27. The victim Mangru is injured and natural eye witness of the incident. He was examined as PW-3. In short, he stated that on 20 March 2018 at about 2-2:30 PM, he was going towards railway station and when he reached near Azadpur for catching a bus, one TSR came to him, but he showed his inability to hire the same. In the meanwhile, another person came and said that he also wants to go to railway station and on his request, he boarded the TSR along with that person. He correctly identified accused Bhola as the driver of the TSR and also pointed out towards accused Muzaffar Alam as the person on whose request he has boarded the TSR. He further stated that accused Bhola was driving the TSR and the other accused Muzaffar was sitting along with him on the rear seat. When they reached near model town, accused Muzaffar said that he wants to drink water and the TSR was stopped. Accused Muzaffar had gone out and brought three glasses of water, and he gave one glass to accused Bhola and another glass to him. Accused Muzaffar was also having one bottle of juice and he offered the same to the complainant, after having which he lost consciousness and found himself near Karol Bagh Park. PW-3 further stated that he does not know who has taken him to the FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 18 of 24 hospital. He also stated that he correctly identified accused Bhola in police station and the other accused Muzaffar in the TIP proceedings.
28. The other important witness in the present case is PW-1 Pappu. Briefly, he stated that on 20 March 2018, when he was present at a tea shop under flyover leading to Geeta colony, he noticed that one TSR came at a speed and one person was thrown out from the TSR and thereafter it took a sudden turn. On being suspicious, he chased the TSR on his bike and after moving some distance, he found that the TSR was stopped by the driver and he was checking the said TSR, and when he reached there, the TSR driver started to flee away, but he stopped the TSR by coming in front of the TSR. On being asked, the TSR Driver replied that the bags belonged to the person who was waiting for him at a few distance. In the meanwhile, other persons came there along with the person (in inebriated condition) who was thrown out. PW-1 correctly identified accused Bhola as the TSR Driver. He further stated that accused Bhola was beaten by public persons and accused Bhola asked to go for urination and while he was urinating, he threw something nearby. On suspicion, when he searched the said thing he found that medicines/tablet strips were thrown by the accused which were wrapped in a paper. He found that some of the tablets were not in the strips. In the meanwhile, police officials came to the spot and the accused Bhola alongwith the medicine strips were handed over to them.
FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 19 of 24
29. Both these prime witnesses were duly cross examined by the counsels for the accused persons, but nothing has come out in their cross examination which could render them untruthful or unreliable. In the cross examination of PW-1, the defence story as portrayed on behalf of the accused Bhola was that that the witness was present there in order to commit crime and in pursuance of the same, the TSR of accused Bhola was stopped and that he was beaten and money was demanded from him, and then he was also falsely implicated in the present case. The story as proposed on behalf of accused is not only improbable but is apparently a moonshine. There is nothing on record to even imagine such story. No defence evidence has been led by the accused Bhola to substantiate his defence story. In the cross examination of PW-3, it is suggested that witness had to go to Yamuna Pushta to consume drugs with his friends or that accused persons have not given any stupefying substance to him or that accused has been falsely implicated. In the present case, there is nothing in the cross examination which could cause blemish or dent in the testimony of PW-3. Rather the deposition of PW-3 is duly supported and corroborated by the medical evidence as well as the testimony of PW-1 and other witnesses. It is duly proved on record that the victim PW-3 was administered some intoxicating substance i.e. lorazepam. The FSL result provides that the medicine strip as found from accused Bhola as well as the gastric lavage of the victim were found to contain the same intoxicating substance i.e. lorazepam. The FSL FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 20 of 24 result has been duly proved as Ex. PA1. The same has been admitted by the accused in admission-denial proceedings conducted on 20 October 2022 under section 294 Cr. P.C.
30. In the examination under section 313 Cr. P.C., accused Bhola has submitted that on 20 March 2018, when he was coming from Model Town to Kashmere Gate, two unknown persons asked him to go to Anand Vihar railway station and they boarded his TSR and after reaching Model Town, one of the said persons asked him to stop the TSR and went to buy a water bottle. He further stated that on reaching old Yamuna Bridge, those passengers asked him to stop and left the auto and that he does not know anything after that. The accused Bhola did not led any defence evidence.
31. The accused had not explained his apprehension by public persons and the recovery of strip of medicines and stolen articles except bare denial.
32. PW-5 Brijanand Dev was the owner of the impugned TSR and he deposed that the said TSR was given to accused Bhola on rent on daily basis. Even otherwise this fact has not been disputed by the accused Bhola that he was driving the said TSR on the day of incident.
33. PW-4 SI Satya Brahm, PW-6 HC Amit Kumar, PW-7 HC Robin, PW-8 HC Uday, PW-9 SI Prakashan, PW-10 ASI Ravinder Kumar, PW-11 HC Jitender and PW-12 ASI Babu Lal are the police witnesses who proved the FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 21 of 24 investigation conducted by them or the role played by them in the investigation.
34. From the evidence available on record, it is apparent that the victim boarded the TSR which was driven by accused Bhola and one other passenger that is accused Muzaffar Alam also boarded the TSR. It is also clear that the TSR was stopped at Model Town for buying water bottle. The MLC and the FSL result proves that victim Mangru was administered lorazepam and had lost his consciousness. It is also proved on record by the testimony of eye witness PW-1 that the victim Mangru was thrown out of the TSR and he was in inebriated condition at that time on the fateful day. The defence reached by accused Bhola is that he has not administered any intoxicating substance to him, and that he is left the passengers at old Yamuna Bridge and he does not know anything further. His defence is falsified by the testimony of the eyewitness PW-1 Pappu, who had seen the victim being thrown out of the TSR driven by the accused Bhola and the accused was apprehended by PW-1 Pappu, and he had also seen the accused Bhola throwing the strip of medicines, which duly matched with the gastric lavage of the victim. Further, on the basis of disclosure of accused Bhola, the co-accused Muzaffar Alam was arrested and he was correctly identified by the victim in the TIP proceedings. All the facts points out towards the guilt of accused Bhola in the commission of the present offences.
FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 22 of 24
35. In the present case, there is no reason to disbelieve the testimony of the victim as well as the eye witness, which has otherwise remained credible and reliable even after the stringent test of cross examination. There is nothing on record to suggest that the victim or eye witness were having any grudge or enmity with the accused. There is no reason for them to falsely implicate the accused.
36. In the light of above facts and circumstances, it appears that on 20 March 2018, the victim boarded the TSR driven by the accused Bhola along with co-accused Muzaffar Alam, and both the accused persons in furtherance of their common intention administered intoxicating substance i.e. lorazepam to the victim to facilitate the offence of theft and they also committed theft of the belongings of the victim. Accused Bhola was apprehended by one of the witness PW-1 and the belongings of the victim were found in his possession. PW-1 also saw accused Bhola throwing the strip of medicine which was administered to the victim. The FSL result duly proved the fact that the strip of medicine which was thrown by the accused Bhola found to contain lorazepam which was the same intoxicating substance which was found in the gastric lavage of the victim.
37. Thus, this court unflinchingly holds that the prosecution has proved its case against the accused Bhola beyond reasonable doubt. The accused could not escape his nemesis.
FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 23 of 24
38. Accordingly, the accused Bhola is hereby convicted for the offences under section 328/379/411/34 IPC.
Pronounced in open court on 07th December, 2024 (SUSHIL ANUJ TYAGI) Additional Sessions Judge-04, Central, Delhi, THC, Delhi.
Digitally signed SUSHIL by SUSHIL
ANUJ TYAGI
ANUJ Date:
2024.12.07
TYAGI 14:53:43
+0530
FIR No. 79/2018 State Vs. Bhola and Anr.
PS Kotwali, U/s. 328/379/411/34 IPC 24 of 24