Delhi District Court
State vs . Ravi@Nanda@Deepa & Ors on 30 October, 2012
FIR no. 151/10
PS Narela
U/s. 394/482/411/34 IPC
State Vs. Ravi@Nanda@Deepa & ors
IN THE COURT OF SH. SANDEEP GUPTA:
METROPOLITAN MAGISTRATE: ROHINI COURT: DELHI.
FIR no. 151/10
PS Narela
U/s. 394/482/411/34 IPC
Sate Vs. Ravi@Nanda@Deepa & ors
Date of Institution of case:- 29.06.10
Date on which Judgment reserved:- 30.10.12
Date on which Judgment pronounced:- 30.10.12
JUDGMENT
Unique Id. no. of the case :02404R0270172010 Date of commission of offence :10.04.10 Name of complainant :Sh. Anil Bhardwaj, S/o. Sh. Suraj Bhan, R/o 74, New Basti Mamurpur, Narela, Delhi.
Name and address of accused :1.Ravi@Nanda@Deepa S/o Sh. Ramesh Kumar, R/o H.no. WZ-125, Om Vihar, Phase-I, Uttam Nagar,New Delhi.
2.Vikash@Kukku@Totala S/o Sagar Chand, R/o Jain Nagar, Budh Vihar, New Gali, Jain Nagar Bus Stand, New Delhi.
3.Sunny, S/o Sh. Prem Chand R/o Outer Mohilla, Vishkarma Colony, Maneshar,Ps City Mahisher, District Kurchatra, Haryana.
Offence complained of :394/482/411/34 IPC Plea of accused :Pleaded not guilty Final order :Accused Ravi and Vikash convicted Page 1 of 10 Contd/..... FIR no. 151/10 PS Narela U/s. 394/482/411/34 IPC State Vs. Ravi@Nanda@Deepa & ors U/s. 411/482/34 IPC Accused Ravi, Vikash and Sunny are acquitted U/s. 394/34 IPC Date of order :30.10.12 BRIEF REASONS FOR DECISION:
1. The story of the prosecution in brief is as under:-
The present case was registered on the basis of complaint of one Sh. Anil Bhardwaj, S/o Sh. Suraj Bhan, R/o H.no. 74, New Basti, Mamurpur, Narela, Delhi that on 10.04.10, it is alleged in the said complaint that he was going to his house on his friend's motorcycle bearing registration no. DL-11S-1469 (Yamaha FZ) and when he reached at SRHC road ahead of Max New York Like Insurance Building, Ramdev Chowk, he saw one motorcycle, on which three boys were sitting and they stopped their motorcycle in front of his motorcycle and caused hurt to him and threw chilly powder in the eyes of the complainant and committed robbery of one gold chain and motorcycle bearing registration no.
DL-11S-1469. All three accused persons were arrested in case FIR no.151/10 of PS Narela and accordingly, charge sheet was filed before the court and on the basis of the alleged allegations, charge U/s. 394/34 IPC was framed against all accused persons on the ground that on 10.04.10 at about 9:40 p.m at Nai Basti, Mamurpur Road, near Pocket-4, Sector A-9, Narela, Delhi, they all in furtherance of their common intention voluntarily caused hurt to the complainant and committed robbery of one gold chain and Page 2 of 10 Contd/..... FIR no. 151/10 PS Narela U/s. 394/482/411/34 IPC State Vs. Ravi@Nanda@Deepa & ors motorcycle bearing registration no. DL-11S-1469.
2. It is a matter of record that vide 06.01.11, an additional charge was framed against accused Ravi and Vikas for the offence U/s. 482/411/34 IPC.
3. In support of its version, the prosecution has examined six witnesses. However, the prosecution has referred as many as seventeen witnesses.
4. PW 1 is Sh. Anil Kumar, S/o Sh. Suraj Bhan, R/o H.no. 74, Nai Basti, Pana Mamurpur, Delhi. He is the complainant in the present matter.
5. PW 2 is Sub-Inspector Ashok Kumar, no. D-4550, PS Prashant Vihar, Delhi. He is the IO of the present case and has deposed that on 10.04.10, on receiving DD no. 78 B, he alongwith Ct. Dalbir went to the the spot i.e Sector-9, Nai Basti, Mamurpur, Narela, Delhi and they came to know that injured was shifted to the SRHC Hospital upon which, they reached at the Hospital and collected the ME no. 713/10 with respect to injured Anil Bhardwaj. He has further deposed that injured did not give his statement and they came back to PS and the said DD remained pending. He has further deposed that on 19.04.10, the abovesaid complainant came to PS and gave his statement. He has further Page 3 of 10 Contd/..... FIR no. 151/10 PS Narela U/s. 394/482/411/34 IPC State Vs. Ravi@Nanda@Deepa & ors deposed that he prepared rukka and handed overthe same to Duty Officer, who recorded the FIR. He has further deposed that Duty Officer handed over to him original rukka and copy of FIR. He has further deposed that he alongwith complainant went to the spot and prepared the site plan at the instance of the complainant, searched for accused but all in vain and he recorded the statement of witnesses. He has further deposed that on 26.04.10, he received DD no. 87 B, regarding the arrest of the accused persons alongwith robbed motorcycle from PS Special Staff, Sonipat and on the next day, he went to the Office of Special Staff, Sonipat, from where he collected the photocopy of disclosure statements of accused persons and seizure memo of motorcycle alongwith forged number plate. He has further deposed that on 29.04.10, he moved an application regarding issuing of production warrants of accused persons. He has further deposed that on 03.05.10, he went to the court of SDJM, Gannaur and took permission from the concerned court for the transfer of case property to PS Narela and brought the case property and forged number plate to PS and deposited the same in malkhana. He has further deposed that on the same day, the complainant came to the PS and identified the motorcycle. He has further deposed that on 04.05.10, he alongwith Ct. Mohd. Hasim and Ct. S. Dewla came at the concerned court and moved an application before the concerned court for the interrogation and formal arrest of the accused persons and after getting the permission, he interrogated Page 4 of 10 Contd/..... FIR no. 151/10 PS Narela U/s. 394/482/411/34 IPC State Vs. Ravi@Nanda@Deepa & ors the accused persons and recorded their disclosure statement of both the accused persons namely Ravi and Vikas. He has further deposed that in their disclosure statement, accused persons disclosed the name of third accused namely Ravi Nanda@Tarun. He has further deposed that he arrested both the accused persons and moved an application for conducting TIP proceedings of the accused persons and accused persons were sent to JC. He has further deposed that on 06.05.10, he alongwith the complainant reached at Rohini Jail, where TIP proceedings of the accused persons were conducted. He has further deposed that on 07.05.10, he moved an application before Ld. Duty MM regarding the PC of both the accused persons but same was dismissed and thereafter, he moved the production warrants of the other accused. He has further deposed that later on, he was transferred and handed over the file to MHC(R).
6. PW 3 is Constable Mohd. Hashim, no. 2118 OD, PS Narela, Delhi. He has deposed that on 04.05.10, he joined the investigation of the present case with IO / SI Ashok Kumar and Ct. S. Dewla and reached at court no. 206, Rohini Court complex, Delhi, where IO moved an application seeking interrogation of accused persons and after taking the permission from the concerned court, IO interrogated the accused persons namely Ravi and Vikas and recorded their disclosure statement and arrested them. He has further deposed that thereafter, accused persons Page 5 of 10 Contd/..... FIR no. 151/10 PS Narela U/s. 394/482/411/34 IPC State Vs. Ravi@Nanda@Deepa & ors were sent to JC.
7. PW 4 is Constable Satish Kumar, no. 712 OD, PS Begum Pur, Delhi. He is the DD Writer and has proved the copy of DD no. 78 B and 87 B as Ex. PW2/ A and PW2/D.
8. PW 6 is Head Constable Kuldeep Singh, no. 743/SPT, PS Gannur, District Sonipat, Haryana (Inadvertently, this witness is mentioned as PW 6 and now it be read as PW5). He is the MHC(M) and has proved the RC no. 97/10 as Ex. PW6/A and PW6/B and entry made at serial no. 1471 in register no. 19 as Ex. PW6/C.
9. It is a matter of record that vide today's order dated 30.10.12 accused Ravi@Nanda@Deepa and Vikash@Kukku@Totla pleaded guilty for the offence U/s. 411/482/34 IPC and vide separate order, they were sentenced with the period already undergone by them in JC.
10. No other witness was examined by the prosecution and vide today's order dated 30.10.12, prosecution evidence was closed.
11. In the present case, now accused persons Ravi, Vikash and Sunny are facing trial for the offence U/s. 394/34 IPC and to Page 6 of 10 Contd/..... FIR no. 151/10 PS Narela U/s. 394/482/411/34 IPC State Vs. Ravi@Nanda@Deepa & ors prove the case, the prosecution has to prove all the ingredients of Section 394/34 IPC.
12. Subsequent to the recording of statement of witnesses, statement of accused persons were recorded and all the incriminating evidence coming on record were put to the accused persons in which they have submitted that they have been falsely implicated in the present case. They have further submitted that they do not wish to lead any evidence. Thereafter, the matter was posted for final arguments.
13. I have heard the arguments advanced by Ld. APP for the state, Ld. Defence counsel and perused the record.
14. In the present matter, PW1 Sh. Anil Kumar has deposed that he is working as a Property Dealer. He has further deposed that he did not remember the exact date but 3/4 months back, he was going from his Office to his house and when he reached at Max New York Life Insurance Building, some persons threw chilly powder in his eyes. He has further deposed that he could not identify the accused persons since at that time as chilly powder was thrown in his eyes. He further stated that he does not know anything else about the present case.
15. This witness was cross-examined by Ld. APP at length Page 7 of 10 Contd/..... FIR no. 151/10 PS Narela U/s. 394/482/411/34 IPC State Vs. Ravi@Nanda@Deepa & ors and during his cross-examination, he admitted as correct that his statement was recorded by the police officials. He admitted as correct that on 10.04.10, he parked his motorcycle bearing registration no. DL-3CBF-2429, near Milan Tent House, Plot of Vikas Khatri, thereafter, he took his motorcycle bearing registration no. DL-11S-1469, which belongs to his friend Sandeep Khatri and lead towards his house. He admitted as correct that he reached at Ramdev Chowk, where he met his friend Pintoo and after some time, he went to his house and reached near Max New York Life Insurance Building and when he turned towards his house, suddenly, one motorcycle, on which three persons were sitting overtook him and restrained his way and threw chilly powder in his eyes. He denied the suggestion that said accused persons robbed his gold chain and motorcycle and ran away. This witness was confronted with the statement, where it is so recorded. He has further deposed that there police official never recorded his statement. He denied the suggestion that on 12.06.10, he went to Rohini Court, where he identified the two accused persons, who threw chilly powder in his eyes and committed robbery of his gold chain and motorcycle. He also denied the suggestion that on 29.05.10, he identified one person, who was apprehended by the police official. He denied the suggestion that he has connived with the accused persons to save them in this case or won over by the accused persons.
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16. This witness was cross examined by Ld. defence counsel and in his cross-examination he admitted as correct that the person, who are present in the court have not committed the offence with him. He admitted as correct that complaint was neither written by him nor the contents were explained to him by the police official and he signed the complaint without going through it.
17. In the present case, complainant Anil Kumar is the material witness in the present case but he has totally demolished the case of prosecution as he could not identify the accused persons and also specifically denied having made any such statement to the police wherein, he specifically raised allegations against the accused persons. He also accepted that accused persons of the present matter did not commit the offence with him.
18. Other witnesses examined by the prosecution are formal in nature and evidence of other witnesses are of no avail for the prosecution and no amount of their evidence can lead to the conviction of the accused persons.
19. Hence, after scanning the entire record and keeping in view the abovesaid discussions, I have no hesitation to hold that the prosecution has miserably failed to prove the case against the Page 9 of 10 Contd/..... FIR no. 151/10 PS Narela U/s. 394/482/411/34 IPC State Vs. Ravi@Nanda@Deepa & ors accused persons for the offence U/s. 394/34 IPC, beyond reasonable doubt. Accordingly, accused Ravi Nanda, Vikash and Sunny are acquitted of the offences under Section 394/34 IPC.
20. Their bail bonds are extended in terms of Section 437 A Cr.P.C. File be consigned to Record Room, after necessary compliance.
(Sandeep Gupta) Metropolitan Magistrate Rohini Court, Delhi Announced in open court today dated 30th October, 2012.
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