Delhi District Court
State vs 1. Wahid @ Golu (Proclaimed Offender) on 20 December, 2018
IN THE COURT OF SH. SANJEEV KUMAR MALHOTRA:
ADDITIONAL SESSIONS JUDGE; FTC : E COURT: SHAHDARA:
KARKARDOOMA COURT: DELHI.
SESSIONS CASE No.38/2013
Unique Case ID No.661/2016
FIR No.193/2012
U/S: 307/186/353/427/34 IPC & 25/27 Arms Act
P.S: Shahdara
State Versus 1. Wahid @ Golu (Proclaimed Offender)
S/o. Khurshid
R/o. Village Navli, District Mewat,
Haryana, PS Firozpur Jhirka.
2. Tasleem
S/o. Murslin
R/o. Village Nahal, PS Masoori,
District Ghaziabad, U.P.
3. Asif
S/o. Yunus
R/o. Village Aznala,
PS. Mundali, Distt. Meerut,
__________________________________________________________________
FIR No.193/12, PS.Shahdara Page 1 of 13 St. Vs. Wahild @ Golu etc.
Uttar Pradesh.
4. Mohd. Yusuf (Proclaimed Offender)
S/o. Mohd. Sheru
R/o. Village Shidrawat,
District, Mewat, Harayana,
PS. Firozpur Jhirka.
Date of Institution : 16.04.2013
Date of Arguments : 20.12.2018
Date of Judgment : 20.12.2018
JUDGMENT
Case of Prosecution
1. Briefly, the case of prosecution is that on 07.07.2012 Ct. Rajbir Singh received a secret information that two criminals namely Asif and Tasleem alongwith their gang members and unlicensed arms and ammunitions will come in the area of Shahdara in order to commit robbery in a Showroom. He also received the information that they would come in stolen Tempo of Cream Colour having number plate HR 38 AR3618, which would be driven by one Tasleem and Asif would be sitting on conductor seat. 56 other criminals will be sitting __________________________________________________________________ FIR No.193/12, PS.Shahdara Page 2 of 13 St. Vs. Wahild @ Golu etc. on the backside of the Tempo and they might be having pieces of stones with them. The said secret information was shared with Inspector Ashok Kumar and other Senior Officers. Thereafter, a raiding party consisting of Inspector Ashok Kumar, SI Balwan Singh, ASI Surender Pal, HC Rajiv Tyagi, HC Amrish Tyagi, Ct. Sushil Kumar, Ct. Joginder Singh, Ct. Vivek Kumar, Ct. Manoj Kumar and Ct. Ranjit Singh was constituted and all the members started searching the said Tempo in three private Cars with secret informer. At about 12.30 am, one Tata Tempo was seen coming from the side of Seema Puri and the secret informer pointed out that the person sitting on conductor seat wearing Tshirt is Asif and the boy, who is driving the Tempo wearing white colour shirt is Tasleem. Thereupon Inspector Ashok Kumar gave a signal to the Tempo Driver to stop the Tempo on opposite side of GT Road and also introduced himself and tried to stop the Tempo but the Tempo Driver after taking Uturn took the Tempo towards Chhota Bazar, Shahdara but due to narrow way he again took turn and after seeing him surrounded by police party, they started firing from driver and conductor side and the criminals, who were sitting on backside of the Tempo started throwing stones, due to which front glass of WagonR No. DL7CE 8297 brought by HC Rajiv Tyagi got broken and thereupon they after hitting the Car brought by HC Amrish Tyagi and while firing and driving the Tempo in a dangerous manner ran away towards Seelam Pur. They were chased __________________________________________________________________ FIR No.193/12, PS.Shahdara Page 3 of 13 St. Vs. Wahild @ Golu etc. till Flyover of Seelampur but thereafter, they fled away. ASI Surender Pal made a call at 100 number and thereupon, made a complaint, on the basis of which present case FIR was registered. On 11.12.2012, SI Ravinder, Spl. Unit Crime Branch got registered DD No. 54B regarding arrest of two accused persons and thereupon, accused Wahid @ Golu and Mohd. Yusuf were formally arrested and were identified during TIP proceedings. On 23.01.2013, accused Tasleem was arrested as he made disclosure regarding his involvement in the present case. On 23.07.2013, accused Asif, who was arrested in case FIR No. 32/13 was arrested. Further investigation was carried out. Chargesheet was prepared and filed before the court.
2. On appearance, in compliance of section 207 IPC, copies were supplied to accused persons, and as offence punishable u/s. 307 IPC is triable by the Court of Sessions, present case was committed to Sessions Court.
Charge framed against the accused persons
3. Before framing of charge accused Yusuf was declared proclaimed offender vide order dt. 08.01.2014. Charge u/s.186/343/307/427/34 and u/s. 27 Arms Act IPC was framed against accused Wahid @ Golu, Tasleem and Asif, to which they __________________________________________________________________ FIR No.193/12, PS.Shahdara Page 4 of 13 St. Vs. Wahild @ Golu etc. pleaded not guilty and claimed trial. During trial, accused Wahid @ Golu was also declared proclaimed offender on 17.09.2016.
Witnesses examined
4. To substantiate the charge, prosecution has examined 14 witnesses in all.
5. PW1 is HC Amrish, member of raiding team, who deposed that at about 12 mid night a secret information was received by Ct. Ranjit that two criminals namely Asif and Tasleem alongwith unlicensed Arms and Ammunition will come in the area of Shahdara in a stolen cream colour tempo driven by accused Tasleem, on which accused Asif would be sitting on Conductor seat, in order to commit dacoity in a Showroom. He further deposed that it was also informed that tempo was having fake number plate HR 38 AR 3618 and 56 persons would be sitting on the backside of the tempo and they might be having pieces of stones with them. He further deposed that a raiding party was constituted and Inspector Ashok Kumar requested 45 public persons to join the raiding party but none agreed and thereafter, the members of raiding party reached in the area of Shahdara in three private vehicles and took position on main road and at about 12.30 am, one tempo was seen coming from Seema Puri side __________________________________________________________________ FIR No.193/12, PS.Shahdara Page 5 of 13 St. Vs. Wahild @ Golu etc. and at the instance of secret informer Inspector Ashok Kumar gave a signal to stop the tempo but driver did not stop and after taking U turn went towards Chhota Bazar, Shahdara. He further deposed that after taking Uturn from railway line the tempo again came on the road and the persons from driver as well as conductor side after seeing the team members started firing and the persons sitting on the backside of Tata Tempo started pelting stones on members of raiding party, due to which front mirror of WagonR Car No.DL7CE 8297 belonging to HC Rajiv was broken and Tempo also hit white colour Ascent Car, due to which the left side of the Car got scratched and thereafter, Tempo managed to flee away from the spot. In his crossexamination, he confirmed that no photograph of the Car of HC Rajiv was taken and he did not take the insurance claim of the Car. He further confirmed that no police official suffered any injury and that no empty cartridge was seized from the spot. He further confirmed that Tempo did not enter Chhota Bazar Road but took Uturn for GT Road.
6. PW2 is SI Vineet Kumar, who is also member of raiding party and deposed on the line of PW1. He proved the complaint made by him as Ex.PW2/A. In his crossexamination, he confirmed that there was no information when they left office of Crime Branch in three vehicles.
__________________________________________________________________ FIR No.193/12, PS.Shahdara Page 6 of 13 St. Vs. Wahild @ Golu etc. He further confirmed that public persons are usually present at Shahdara Railway Station even during night time.
7. PW3 is HC Ajab Singh, who recorded DD No.4B on 07.07.2012 at 1.20 am regarding vehicle no. HR 38 AR 3618 from which persons from Mewati gang were throwing stones.
8. PW4 is Inspector Ashok Kumar under whose supervision raiding party was constituted. He has also deposed on the lines of PW1 & 2. He proved his departure entry from Crime Branch as Ex.PW4/A and B. In his crossexamination he deposed that they could not puncture the tyre of the tempo by making fire as they could not spare time to take out their weapons. He further confirmed that in his presence IO did not seize any stones which were pelted from the tempo.
9. PW5 is HC Sushil Kumar, who is also member of raiding party and deposed on the line of PW1. He also confirmed that none of the police staff sustained bullet injury and no other person including the pedestrians and vehicles was hit by the bullet. In his crossexamination, he denied the suggestion that he deposed a concocted story.
__________________________________________________________________ FIR No.193/12, PS.Shahdara Page 7 of 13 St. Vs. Wahild @ Golu etc.
10. PW6 is W/ASI Nirmala, who was posted as Duty Officer on 07.07.2012 at PS Shahdara and on the basis of written complaint, recorded the present case FIR Ex.PW6/C. She proved her endorsement on rukka as Ex.PW6/A.
11. PW7 is ASI Dharmender Kumar, who deposed that on 09.12.2012, he was posted as HC in Crime Branch, Sunlight Colony and pursuant to secret information regarding the presence of accused involved in the present case FIR near Bhairon Mandir, a raiding party was constituted. He deposed that at about 4.25 pm, three boys came on a motorcycle and were apprehended, whose names were disclosed as Wahid @ Golu, Yusuf and Shailesh Kothari. He further deposed that a case FIR No. 281/12 was registered regarding the unlawful Arms recovered from their possession. He further deposed that accused Wahid @ Golu and Mohd. Yusuf made disclosure statements of present case and proved their disclosure statements as Ex.PW7/A & B.
12. PW8 is Ct. Praveen, who joined the investigation alongwith SI Balwan Singh and in whose presence accused Wahid & Yusuf (Both now proclaimed offenders) were arrested and he proved their arrest memos as Ex.PW8/C & D. __________________________________________________________________ FIR No.193/12, PS.Shahdara Page 8 of 13 St. Vs. Wahild @ Golu etc.
13. PW9 is Ct. Ajay, who deposed that on 07.07.2012, duty officer W/HC Nirmala handed him original rukka alongwith copy of FIR to deliver the same to SI Balwan Singh, who was present at the spot.
14. PW10 is ASI Karan Pal, who brought Roznamcha containing original copy of DD No.26 & 7A and proved the same as Ex.PW4/A & B.
15. PW11 is Ct. Manoj Kumar, who was posted in CPCR/ Control Room on 07.07.2012 and received one PCR call. He deposed that he prepared PCR call log form mark PW11/A.
16. PW12 is Sh. R.L.Meena, Ld. ASJ (SouthWest), who conducted the TIP proceedings of accused Wahid @ Golu & Yusuf on 21.12.2012 and proved the same as Ex.PW12/A & B.
17. PW13 is SI Devender Tewatia to whom investigation of case FIR No. 281/12 was assigned. He deposed that he recorded disclosure statement of accused Wahid & Yusuf and informed PS Shahdara regarding their arrest vide DD No. 54B.
18. PW14 is retired SI Balwan Singh to whom investigation __________________________________________________________________ FIR No.193/12, PS.Shahdara Page 9 of 13 St. Vs. Wahild @ Golu etc. of present case was assigned. He deposed that on 07.07.2012 at about 12/1 pm, he alongwith Ct. Ajay Kumar reached at Railway Road near Shahdara Railway Station and tried to find out empty cartridges and made enquiries from public persons but could not succeed. He further deposed that during investigation he enquired from Faridabad Transport Authority regarding registration number of Tempo, which was used by accused persons in the commission of offence but no such vehicle was found registered in the said authority. He further deposed that he tried to obtain complaint u/s. 195 Cr.P.C from Senior Police Officers but no such complaint was given by them and thereupon he obtained complaint from SI Vineet i.e Mark PW14/H. In his crossexamination, he confirmed that he had mentioned in case diary that Senior Police Officers refused to give complaint u/s. 195 Cr.P.C. He further confirmed that he had not seized any stone and denied the suggestion that Senior Officers did not give complaint u/s. 195 Cr.P.C as they found the incident fake.
Statement and Defence of Accused persons
19. Statement of accused persons was recorded u/s. 313 Cr.P.C.
wherein they claimed themselves innocent and did not wish to lead defence evidence.
__________________________________________________________________ FIR No.193/12, PS.Shahdara Page 10 of 13 St. Vs. Wahild @ Golu etc. Arguments and Conclusion
20. Arguments have been addressed by Sh. K.P.Singh, Ld. Addl.
PP for the State as also by Sh. Mohd. Hassan, Ld. Amicus Curiae for both accused Asif and Tasleem.
21. Ld. Addl. PP for the State argued that police officials have proved their departure and arrival entries regarding their presence at the spot on the day of incident. It has been further submitted that due to late night hours no independent witness was found present at the spot.
22. Per contra, Ld. Amicus Curiae for accused persons argued that police prepared a concocted story and falsely implicated the accused persons. It has been further submitted that although as per case of prosecution, accused persons fired a number of bullets but none of the police official sustained any injury. Ld. Amicus Curiae further argued that Senior Officers did not file complaint u/s. 195 Cr.P.C as no such incident had happened.
23. The genesis of the prosecution case is that on 07.07.2012 a secret information was received by Ct. Ranjit Singh, who shared the same with Inspector Ashok Kumar but the said Constable Ranjit __________________________________________________________________ FIR No.193/12, PS.Shahdara Page 11 of 13 St. Vs. Wahild @ Golu etc. Singh is neither examined nor his name is mentioned in the list of prosecution witnesses. It is very strange to note that raiding party comprising of several police officials chased the accused persons in three private vehicles but failed to apprehend them. Not only this, as per prosecution witnesses, accused Tasleem and Asif both fired upon them and other criminals, who were sitting on the backside of the said tempo also pelted stones but none of the police official sustained any injury. Admittedly, all the police officials were carrying weapons but none of them used the same to apprehend the accused persons or fired upon the tyre of the tempo to stop them. No empty cartridge or stone was seized from the spot. No photograph of the vehicles, which got damaged during the incident, is placed on record. Further, those alleged damaged WagonR and Ascent Car were not produced before the Court to corroborate their version.
24. PW4 Inspector Ashok Kumar as well as other police officials deposed before the court that at about 12.30 am, they saw a Tempo coming from Seempuri side and at the instance of secret informer they asked them to stop but the driver did not stop and later on started firing from the driver as well as conductor side but as per DD No. 4B i.e Ex.PW3/A which was recorded at 1.20 am, the information was that in vehicle No. HR 38 AR 3618 members of Mewat Gang are pelting stones. There is no reference of firing in the __________________________________________________________________ FIR No.193/12, PS.Shahdara Page 12 of 13 St. Vs. Wahild @ Golu etc. said information which was given to control room by the police officials themselves, which is also sufficient to demolish the case of prosecution. IO/PW14 Retired SI Balwan Singh has also admitted that he tried to find out empty cartridge and also made enquiry from public persons regarding the incident but could not succeed. He has fairly deposed that senior police officers refused to give complaint u/s. 195 Cr.P.C which is mandatory for offence punishable u/s. 186 IPC. No explanation whatsoever has come on record why Senior Officers refused to file complaint u/s. 195 Cr.P.C when allegedly accused persons obstructed the police officials in discharge of their official duty.
25. In view of the evidences & other material on record, the prosecution has miserably failed to prove its case beyond all shadow of reasonable doubt as such accused persons are entitled to benefit of doubt. Accordingly, both the accused are acquitted of the offence with which they were charged. File be consigned to record room.
SANJEEV KUMAR MALHOTRA Digitally signed by SANJEEV KUMAR Announced in the open court MALHOTRA Location: Karkardooma Courts, Delhi Date: 2018.12.20 16:16:02 +0530 on 20.12.2018 (Sanjeev Kumar Malhotra) ASJ/FTC/ECOURT Shahdara/KKD/Delhi.
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