Delhi District Court
State vs . Vijay Kumar on 28 April, 2012
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGEII (NORTHWEST): ROHINI COURTS: DELHI
Sessions Case No. 140/2011
Unique Case ID: 02404R0001822006
State Vs. Vijay Kumar
S/o Bhola Ram
R/o N30C/46, H3 Blocks,
Jahangirpuri, Delhi
FIR No. : 1151/2004
Under Section : 25/54/59 Arms Act
Police Station : Saraswati VIhar
Date of committal to Sessions Court : 19.05.2011
Date on which orders were reserved : 28.03.2012
Date on which judgment pronounced : 19.04.2012
JUDGMENT
Brief Facts:
1. As per the allegations, on 19.12.2004 at about 11:55 AM at near Jheel Park Road, Harsh Vihar, Delhi, the accused Vijay Kumar S/o Bhola Ram was found in possession of a country made pistol / revolver without any license in contravention of the provisions of the Arms Act.
State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 1 of 20
Case of prosecution in brief:
2. The case of the prosecution in brief is that on 19.12.2004 SI Avnish Tyagi along with Ct. Arun, Ct. Naresh, Ct. Vijay and Ct.
Rishi were on patrolling duty in a Govt. Vehicle in the area of Ran Bagh and at about 11:45 AM, when they reached near Fawara Chowk, a secret informer met them who informed SI Avnish Tyagi that one boy was sitting on a pulsur motorcycle near Harsh Vihar Jheel Wala Park who was carrying illegal arms and could commit some offence. On request of this secret information, SI Avnish Tyagi requested 34 public persons to join the police party but none agreed and left the place. Thereafter, without wasting further time, the police party reached to Jheel Wala Park where they found one boy sitting on motorcycle and on the pointing out of the secret informer, the police party went towards that boy on on seeing them the said boy tried to run away but the police party overpowered him and on interrogation his name was revealed as Vijay Kumar. Thereafter, SI Avnish Tyagi carried out the search of accused Vijay Kumar and from his right side dub a country made revolver was recovered and one live cartridge was also recovered from his right pocket. On opening the katta, it was found to be containing one live cartridge and thereafter both katta and the cartridges were sealed, seized and taken into possession. Thereafter, the accused Vijay Kumar was arrested and after completing the investigations, charge sheet was filed in court. State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 2 of 20 CHARGE:
3. Charge under Section 25/54/59 Arms Act was settled against the accused Vijay Kumar to which he pleaded not guilty and claim trial.
EVIDENCE:
4. In order to discharge the onus upon it, the prosecution has examined as many as nine witnesses.
Police / Official Witnesses:
5. PW1 ASI Seema has deposed that on 19.12.2004 she was posted as duty officer at police station Saraswati Vihar from 9 am to 5 pm and at about 1:55 pm, Ct. Rishi Kumar brought the rukka on the basis of which she recorded the present FIR copy of which is Ex.PW1/A and putting her endorsement upon the rukka Ex.PW1/B she handed over the original rukka and copy of FIR to Ct. Rishi Kumar. The witness has not been cross examined on behalf of the accused and the entire evidence has gone uncontroverted.
6. PW2 HC Satyapal has deposed that on 19.12.2004 he was posted at police station Saraswati Vihar as MHC (M) and on that day SI Avnish Tyagi deposed one sealed parcel sealed with the seal of AKT containing katta vide entry no. 2955 copy of which is Ex.PW2/A. Witness has further deposed that on 3.2.2005 on the State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 3 of 20 directions of the investigating officer, he handed over the said parcel to Ct. Neeraj Kumar for taking the same to FSL Rohini vide RC No. 36/21/05 copy of which is Ex.PW2/B. According to the witness, on 11.9.2005 he received the FSL results through Ct. Devender vide entry no. 36/21/05 and the same were thereafter handed over to Parvi Officer HC Shoki Sahni on the same day. In his cross examination by Ld. Defence Counsel, the witness has denied the suggestion that the entries in the register no. 19 have been made antedatedly on the asking of the investigating officer.
7. PW3 Ct. Neeraj has deposed that on 3.2.2005 he was posted in the Special Staff North West and on that day on the directions of investigating officer he went to police station Saraswati Vihar and after taking the sealed pullanda from the MHC (M) deposited the same in the FSL Rohini. He has deposed that during the time the pullandas remained in his custody, the same were not tampered in any manner and remained intact.
8. In his cross examination by Ld. Defence Counsel, the witness has deposed that he took the pullandas from MHC (M) at 99:10 Am and it took 2025 minutes him to reach the FSL Rohini.
9. PW4 SI Avnish Tyagi, PW6 Ct. Arun Kumar and PW7 HC Rishi Kumar are the members of the raiding party who were on patrolling duty in the area of Rani Bagh and on receipt of the secret information by SI Avnish Tyagi, these witnesses along with other State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 4 of 20 police officials reached the spot and apprehended the accused Vijay Kumar from whose possession a country made revolver along with live cartridges were recovered. These witnesses have corroborated each other on all material aspects.
10. According to these witnesses i.e. PW4 SI Avnish Tyagi, PW6 Ct. Arun Kumar and PW7 HC Rishi Kumar on 19.12.2004 they were on patrolling duty along with Ct. Naresh and Ct. Vijay in a Govt. Vehicle in the area of Rani Bagh and at about 11:45 AM they reached near Fawara Chowk where a secret informer met SI Avnish Tyagi (PW4) and informed him that one boy was sitting in a pulsur motorcycle near Harsh Vihar Jheel Wala Park who was carrying illegal arms and could commit some offence. Thereafter on receipt of this secret information, PW4 SI Avnish Tyagi requested 34 passersby to join the police party but none agreed and left the place.
According to them, without wasting further time, they all reached Jheel Wala Park at about 11:55 AM where they found one boy sitting on a pulsar motorcycle and on the pointing out of the secret informer, they went towards that boy but on seeing them the said boy tried to run away on his motorcycle but the they overpowered him. These witness have further deposed that thereafter, PW4 SI Avnish Tyagi carried out the search of accused and from his right side dub a country made revolver was recovered and one live cartridge was also recovered from his right pocket and on opening the katta, it was State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 5 of 20 found containing one live cartridge. According to these witnesses, on interrogation, the boy disclosed his name as Vijay @ Pahari R/o H4, Jhuggi, Jahangirpuri. The witnesses have further proved that thereafter Avnish Tyagi (PW4) prepared the sketch of both katta and cartridges vide Ex.PW4/A and on measurement the total length of the katta was found to be 22 cm, the length of barrel was 15 cm and length of body was 11 cm and length of butt was 7 cm and on measuring the cartridges, the total length was found to be around 7.5 cm each. According to these witnesses, thereafter PW4 SI Avnish Tyagi converted the katta and the cartridges in a pullanda and sealed the same with the seal of AKT and seized the same vide memo Ex.PW4/B and FSL form was also filled up. The witnesses have further proved that on inquiry about the motorcycle bearing no. DL 8S AC 1765, the accused Vijay disclosed that this motorcycle belonged to one Islam and thereafter the said motorcycle was also seized vide memo Ex.PW4/C. They have also proved that thereafter PW4 SI Avnish Tyagi prepared a rukka and got the FIR registered through PW7 Ct. Rishi Kumar who after the registration of the FIR returned back to the spot along with copy of FIR and original rukka and handed over the same to PW9 SI Yugraj to whom the further investigations were handed over who thereafter prepared a site plan at the instance of PW4 Avnish Tyagi. According to these witnesses thereafter the accused Vijay Kumar was arrested in this case vide State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 6 of 20 memo Ex.PW6/A and his personal search was conducted vide memo Ex.PW6/B. All three witnesses PW4 SI Avnish Tyagi, PW6 Ct. Arun Kumar and PW7 HC Rishi Kumar have correctly identified the accused Vijay Kumar in the court. They have also identified the katta Ex.P1 and the cartridges Ex.P2 and Ex.P3 recovered from the possession of accused Vijay Kumar.
11. In their crossexamination by Ld. Defence Counsel, PW4 SI Avnish Tyagi, PW6 Ct. Arun Kumar and PW7 HC Rishi Kumar have corroborated and supported what they have stated in their examinationinchief and stood by same. According to them they were on patrolling duty on the directions of Inspector Special Staff which directions were oral. According to PW4 SI Avnish Tyagi, the departure entry was made by him on behalf of all the members of the police party but he does not recollect the number of said entry. PW4 Avnish Tyagi has denied the suggestion that the place from where the accused was apprehended is thickly populated area. According to PW4 SI Avnish Tyagi, before searching the accused, he had offered his search but the accused refused for the same. According to PW6 Ct. Arun Kumar, after started from the office of Special Staff, he does not recollect where they went first nor he recollect the route taken by them but according to him there was a time gap of one hour since they started from the office till secrete informer was met them. According to PW7 Ct. Rishi Kumar he does not recollect the names State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 7 of 20 and addresses of the persons who had refused to join the police party on the asking of SI Avnish Tyagi. PW7 Ct. Rishi Kumar has denied the suggestion that the place of arrest of the accused was a thickly populated area and has voluntarily added that on the front there was a park and on the back there are residential houses but there are no shops. All three witnesses have denied the suggestion that the katta and the cartridges have been planted upon the accused Vijay. They have further denied that no public persons were joined including the residents of the area since no such incident had taken place.
12. PW8 Sagar Preet Hooda has proved that on 10.11.2005, he was posted as Addl. DCP (N/W) and on that day, the file regarding the accused Vijay S/o Bhola Ram was placed before him for grant of Sanction u/s 39 of Arms Act and after going through the statement of prosecution witnesses recorded under 161 Cr.PC, documents including seizure memo and the ballistic report and being satisfied that on 19.12.2004 at about 11:55 AM, Vijay S/o Bhola was found in conscious possession of the arms and ammunition as specified in the ballistic report without a license which was in contravention of Section 3 of the Arms Act, he accorded the Sanction to prosecute Vijay Kumar in pursuance to the powers delegated upon him vide order No. 36740840/C&T/AC1/PHQ/9.11.2000. The said Sanction is Ex.PW8/A bearing his signatures at point A. State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 8 of 20
13. In his cross examination by Ld. Defence Counsel, the witness has denied that he granted the sanction in routine without any application of mind on the asking of the investigating officer.
14. PW9 Inspector Yugraj Krishan has deposed that on 19.12.2004 he was posted at Special Staff North West District and on that day he went on call to the Harsh Vihar Jheel Wala Park in the area of police station Saraswati Vihar. According to the witness, SI Avnish Tyagi along with Ct. Arun, Ct. Rishi, Ct. Vijay and Ct. Naresh were already present there and it was there that Ct. Rishi handed over him the copy of FIR and original rukka for further investigations. According to him, SI Avnish Tyagi handed over him the sealed parcels containing country made pistol and two live cartridges sealed with the seal of AKT, copy of seizure memo, Form FSL and the motorcycle bearing no. DL 8S AC 1765 was which was taken into possession vide memo Ex.PW9/A. The accused Vijay was also handed over to him after which he prepared the site plan Ex.PW4/E at the instance of SI Avnish Tyagi. The witness has further deposed that the accused Vijay was interrogated and he disclosed his involvement in other case vide his statement Ex.PW4/E. He thereafter arrested Vijay vide memo Ex.PW6/A and his personal search was conducted vide memo Ex.PW6/B. According to the witness, on 3.2.2005 he seized arms were sent to FSL Rohini for examination through Ct. Neeraj and later on the State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 9 of 20 results was collected. He also obtained the Sanction under Section 39 Arms Act. He has correctly identified the accused in the court.
15. In his cross examination by Ld. Defence Counsel the witness has deposed that the family of accused was informed about his arrest. He denied the suggestion that the accused was lifted from his house. According to the witness he reached the spot at about 2:15 PM along on his private vehicle and remained there for about 1½ to one hours 45 minutes but none from the family of accused reached there during this period. The witness has deposed that at the time of personal search of accused, no public person was present there. According to the witness, he had only sent the documents to the DCP (NW) for grant of sanction under Section 39 Arms Act but did not sent him the weapon i.e. the katta nor the same was demanded. Witness has denied the suggestion that the katta and the cartridges had been planted upon the accused in connivance with SI Avnish Tyagi. He has deposed that the motorcycle was belonging to the accomplice of Vijay namely Islam and has denied the suggestion that Vijay has no association with Islam and the motorcycle has been planted upon him.
Forensic Evidence:
16. PW5 K. C. Varshney, Assistant Director, Ballistic Division, FSL, Rohini, has deposed that on 3.2.2005, one sealed State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 10 of 20 parcel duly sealed with the seal of AKT was received in FSL in the present case along with forwarding letter and the same was marked to him for examination and opinion he found that the seals on the parcel were intact. According to him, on opening the parcel, one country made pistol of .303" bore and two cartridges of .303" were taken out and marked as F1, A1 and A2 respectively by him. The witness has further deposed that on examination of aforesaid exhibits, he found that the country made pistol marked F1 was in working order and test fire conducted successfully. According to the witness, the cartridges marked A1 and A2 were live and one cartridge marked A1 was test fired through the country made pistol marked F1. He further deposed that he country made pistol marked F1 was fire arm and the cartridges marked A1 and A2 were ammunition as defined in the Arms Act. He has proved his detailed report in this regard is Ex.PW5/A. The witness has not been cross examined on behalf of the accused and his evidence has gone uncontroverted.
Statement of Accused
17. After completing the prosecution evidence, statement of accused was recorded under Section 313 Code of Criminal Procedure in which all the incriminating evidence / material was put to him which he denied. He has stated that he has been falsely implicated by State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 11 of 20 the police after lifting from his residence. According to him nothing was recovered from his possession and the motorcycle and the katta along with cartridges have been planted upon him. He has also stated that he was forced to sign on certain blank papers by the police which were later on converted into various documents. However, he has not examined any witness in his defence.
FINDINGS
18. I have heard the arguments advanced before me by the Ld. Addl. PP for the State and the Ld. Defence Counsel. I have also considered the testimonies of various witnesses examined by the prosecution and also the written memorandum of arguments filed on behalf of the accused. My findings are as under:
19. The prosecution in order to discharge the onus has examined as many as nine witnesses all of whom are the police/ official witnesses. Firstly, in so far as the identity of the accused is concerned, the same has been proved by the police witnesses who are the members of the raiding party i.e. PW4 SI Avnish Tyagi, PW6 Ct. Arun and PW7 Ct. Rishi Kumar.
20. Secondly, SI Avnish Tyagi (PW4) has proved that on 19.12.2004 he along with Ct. Arun (PW6), Ct. Rishi (PW7), Ct. Naresh and Ct. Vijay were on patrolling duty in a Govt. vehicle in the area of Rani Bagh and at about 11:45 AM when they reached State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 12 of 20 near Fawara Chowk, they received a secret information that one boy was sitting in a pulsur motorcycle near Harsh Vihar Jheel Wala Park who was carrying illegal arms and could commit some offence. On receipt of this secret information, SI Avnish Tyagi (PW4) requested 34 passersbys to join the police party but none agreed and left the place and thereafter without wasting time they reached Jheel Wala Park and on the pointing out of the secret informer they apprehended the accused Vijay Kumar who has been correctly identified by the witnesses in the court.
21. Thirdly, it has been established that on casual search of the accused Vijay Kumar, one country made revolver along with live cartridges were recovered from his possession and a khaka of both revolver and the cartridges was prepared vide memo Ex.PW4/A after which the same were sealed and taken into possession vide seizure memo Ex.PW4/B.
22. Fourthly, it has been proved that the recovered country made revolver and the cartridges were sent for examination and both were found to be arms and ammunition as defined under the Arms Act and PW5 K. C. Varshney has proved that the country made revolver (Mark F1) was in working condition and both the cartridges Mark A1 and Mark A2 were live.
23. Fifthly, the then Dy. Commissioner of Police (North West) Sh. Sagar Preet Hooda (PW8) has duly proved the Sanction State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 13 of 20 under Section 39 Arms Act to prosecute the accused Vijay Kumar accorded by him in respect of the powers delegated upon him vide Order No. 36740840/C&T/AC1/PHQ/9.11.2000, copy of the said Sanction under Section 39 Arms Act is Ex.PW8/A.
24. Sixthly, the accused has not led any evidence in defence to controvert the material brought on record by the prosecution and his only defence is that he has been falsely implicated.
25. Lastly, it is evident that in the main case bearing FIR No. 526/2004 Police Station : Adarsh Nagar, the accused Vijay Kumar has been duly identified by the victim Jagdev Singh as one of the person who had robbed him and this Jagdev Singh has specifically identified the katta Ex.P2 (Ex.P1 in FIR No. 526/04) as the same which was shown to him by the accused Vijay Kumar at the time of committing the robbery, thereby connecting the weapon with the offence of robbery.
26. Ld. Defence Counsel has vehemently argued that there was sufficient opportunity was for the police party to have joined independent public witnesses and non joining of the public witnesses raises a question mark on the authenticity of the present incident and the investigations conducted by the investigating agency. The Ld. Addl. PP on the other hand has pointed out that the accused Vijay is a desperate criminal of the area involved in heinous offences and it is only natural for the public persons to be reluctant and hesitant in State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 14 of 20 joining any proceedings conducted against him.
27. I have duly considered the rival contentions and I may observe that it is common experience that public persons are generally reluctant to join police proceedings. There is general apathy and indifference on the part of public to join such proceedings. This position of law was reiterated in Aslam and Ors. (Mohd.) Vs. State reported in 2010 III AD (Delhi) 133. It was observed by Hon'ble High Court that reluctance of the citizens to join police proceedings is well known and needs to be recognized. It cannot be disputed that public does not want to get dragged in police and criminal cases and wants to avoid them, because of long drawn trials and unnecessary harassment. Similar view was taken in Manish vs. State, 2000 VIII AD (Scheduled Caste / Scheduled Tribes (Prevention of Atrocities) Act, 1989) 29 and in A. Bhai Vs. State, AIR 1989 SC 696, where it was held that we cannot be oblivious to the reluctance of the common man to join such raiding parties organized by the police, lest they are compelled to attend police station and Courts umpteen times at the cost of considerable inconvenience to them, without any commensurate benefit. Moreover, there is no reason to disbelieve testimony of police officials regarding the apprehension and arrest of accused Vijay Kumar and recovery of country made revolver and cartridges from his possession. Their testimonies cannot be rejected merely because they happen to be State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 15 of 20 police officers. As observed by the Hon'ble Supreme Court in Tahir Vs. State, (1996)3 SCC 338, no infirmity attaches to the testimony of police officials merely because they belong to the police force. It was observed in Aner Raja Khimavs. The State of Saurashtra, AIR 1956 SC 217 that the presumption that a person acts honestly and legally applies as much in favour of police officers as of others. It is not proper and permissible to doubt the evidence of police officers. Judicial approach must not be to distrust and suspect their evidence on oath without good and sufficient ground thereof.
28. Applying the above settled principles of law to the facts of present case, it is evident that according to PW4 Avnish Tyagi, PW6 Ct. Arun and PW7 Ct. Rishi Kumar that attempts had been made by them to join the passersbyes / public persons in the proceedings but they refused for the same and therefore under these circumstances keeping in view the paucity of time they proceeded towards the spot from where at the instance of secret informer the accused Vijay Kumar was apprehended and on his search the country made revolver / katta and two live cartridges were recovered. Therefore under these circumstances, attempts having been made my the members of the police party to join the public witness, I do not find any reason to disbelieve the prosecution version. State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 16 of 20 FINAL CONCLUSION:
29. In the case of Sharad Birdhichand Sarda Vs. State of Maharastra, AIR 1984 SC 1622, the Apex Court has laid down the tests which are prerequisites before conviction should be recorded, which are as under:
1. The circumstances from which the conclusion of guilt is to be drawn should be fully established.
The circumstances concerned 'must or should' and not 'may be' established;
2. The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty;
3. The circumstances should be of conclusive nature and tendency;
4. They should exclude every possible hypothesis except the one to be proved; and
5. There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 17 of 20
30. Applying the above principles of law to the present case it is evident that the investigation conducted including the documents prepared in the present case have been substantially proved by the police witnesses including the investigating officer. The identity of the accused stands established. It stands established that on 19.12.2004, SI Avnish Tyagi (PW4) along with Ct. Arun (PW6), Ct. Rishi (PW7), Ct. Naresh and Ct. Vijay were on patrolling duty in a Govt. vehicle in the area of Rani Bagh and at about 11:45 AM when they reached near Fawara Chowk, they received a secret information that one boy was sitting in a Pulsur motorcycle near Harsh Vihar Jheel Wala Park who was carrying illegal arms and could commit some offence. It further stands established that on receipt of this secret information, SI Avnish Tyagi (PW4) requested 34 passersbys to join the police party but none agreed and thereafter without wasting time, they reached Jheel Wala Park and on seeing them the said boy tried to run away but they overpowered him and on inquiry he revealed his name as Vijay Kumar. It stands established that on casual search of accused Vijay Kumar, one country made revolver was recovered and on opening the same, it was found containing one live cartridge and on further checking one live cartridge was also recovered from the pocket of accused Vijay. It stands established that PW4 SI Avnish Tyagi prepared the sketches of both country made revolver and the live cartridges after which they were sealed, State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 18 of 20 seized and taken into possession. It also stands established that the country made revolver and two live cartridges were sent to the FSL for examination and the FSL report has proved that the country made revolver was in working condition and both the country made revolver and the live cartridges were found to be 'Arms' and 'Ammunition' as per the definition provided under the provisions of the Arms Act. Further, the Sanction under Section 39 Arms Act has been duly proved, in accordance with law.
31. There are two stages in the criminal prosecution. The first obviously is the commission of the crime and the second is the investigation conducted regarding the same. In case the investigation is faulty or has not been proved in evidence at trial, the question which arise is whether it would absolve the liability of the culprit who has committed the offence? The answer is obviously in negative, since any lapse on the part of the investigation does not negate the offence. The prosecution has proved the identity of the accused Vijay Kumar, the manner in which he was apprehended and arrested, the recovery of country made revolver and two live cartridges from the possession of accused, the investigation including the documents prepared, etc.
32. There is nothing which could shatter the veracity of the prosecution witnesses or falsify the claim of the prosecution. All the prosecution witnesses have materially supported the prosecution case State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 19 of 20 and the testimonies of the prosecution witnesses do not suffer from any infirmity, inconsistency or contradiction and are consistent and corroborative. The evidence of the prosecution witnesses is natural and trustworthy and corroborated by medical evidence and the witness of the prosecution have been able to built up a continuous link.
33. In view of the above, I hereby hold the accused Vijay Kumar guilty for the offence under Section 25/54/59 Arms Act.
34. Be listed for arguments on sentence on 26.4.2012.
Announced in the open court (Dr. KAMINI LAU)
Dated: 19.04.2012 ASJ (NW)II: ROHINI
State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 20 of 20
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGEII (NORTHWEST): ROHINI COURTS: DELHI
Sessions Case No. 143/2011
Unique Case ID: 02401R0322872005
State Vs. Vijay Kumar
S/o Bhola Ram
R/o N30/C46, H3
Block, Jahangirpuri, Delhi.
(Convicted)
FIR No. : 1151/2004
Under Section : 25/54/59 Arms Act
Police Station : Saraswati Vihar
Date of Judgment: 19.04.2012
Arguments heard on: 26.4.2012
Date of sentence: 28.4.2012
APPEARANCE:
Present: Sh. Sukhbir Singh, Additional Public Prosecutor for the
State.
Convict Vijay Kumar in judicial custody with Sh. Mohd. Haroon Advocate.
ORDER ON SENTENCE:
Vide a detailed judgment dated 19.4.2012 this Court has held the accused Vijay Kumar guilty for the offence under Section State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 21 of 20 25/54//59 of Arms Act.
As per allegations on 19.12.2004 at about 11:55 AM at Jheel Park Road, Harsh Vihar, Delhi the accused Vijay Kumar was found in possession of the country made pistol/ revolver and one live cartridge without any license in contravention of the provisions of Arms Act. The forensic evidence on record proves that the revolver and the cartridges were found to be Arms and Ammunition as defined under the Arms Act. On the basis of the testimonies of the various witnesses examined by the prosecution this Court has held the accused Vijay Kumar guilty of the offence under Section 25/54/59 of Arms Act and convicted him accordingly.
Heard arguments on the point of sentence. The convict Vijay Kumar a young boy of 25 years is 9th class pass and was doing the work of manufacturing the Chargers. He has a family comprising of aged widow mother, one illiterate younger brother, one younger unmarried sister, wife two sons and one daughter (who are school going). He is also involved in following three other cases:
1. FIR No. 817/04, under Section 392/34 IPC, PS Jahangir Puri.
2. FIR No.526/04, under Section 394/397/34 IPC, PS Adarsh Nagar (wherein he has already been convicted).
3. FIR No. 245/06, under Section 395/397 IPC and 25 Arms Act, PS Adarsh Nagar.
State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 22 of 20
Ld. Counsel appearing on behalf of the convict has vehemently argued that the convict is a young boy and is the helping hand of his family and any harsh view of this Court would be prejudicial not only to the convict but also to his family members. He requests that a lenient view be taken against the convict. On the other hand the Ld. Addl. PP for the State has prayed that a strict punishment be awarded to the convict keeping in view his other involvements.
I have considered the rival contentions. The convict Vijay Kumar is a habitual offender and is also involved in other cases. He has already been sentenced to Rigorous Imprisonment for a period of seven years in main case bearing FIR No.526/04, under Section 394/397/34 IPC, PS Adarsh Nagar. He has already remained in judicial custody for five months and twenty two days. Keeping in view the family circumstances of the convict Vijay Kumar, he is sentenced to Rigorous Imprisonment for a period of three years and fine to the tune of Rs.2,000/ for the offence under Section 25/54/59 of Arms Act. In default of payment of tine the convict shall further undergo Simple Imprisonment for a period of fifteen (15) days. The punishment shall run concurrent to the punishment imposed upon him in FIR No.526/04, under Section 394/397/34 IPC, PS Adarsh Nagar.
State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 23 of 20
Benefit of Section 428 Cr.P.C. shall be given to the convict for the period already undergone by him during the trial in the present case as per rules.
The convict is informed that he has a right to prefer an appeal against this judgment. He has been apprised that in case he cannot afford to engage an advocate, he can approach the Legal Aid Cell, functioning in Tihar Jail or write to the Secretary, Delhi High Court Legal Services Committee, 3437, Lawyers Chamber Block, High Court of Delhi, New Delhi.
Copy of the judgment and order of sentence be given to the convicts free of costs and another copy be attached with his jail warrants.
File be consigned to Record Room.
Announced in the open court (Dr. KAMINI LAU)
Dated: 28.04.2012 ASJII(NW)/ ROHINI
State Vs. Vijay Kumar, FIR No. 1151/04, PS Saraswati Vihar Page 24 of 20