Delhi District Court
Sc No.57/14 Fir No.101/13 State vs Ranjeet @ Fodar Page No. 1/28 on 7 June, 2016
IN THE COURT OF SH. NARESH KUMAR MALHOTRA,
ADDITIONAL SESSIONS JUDGE05, WEST, TIS HAZARI
COURTS, DELHI.
IN THE MATTER OF
SESSIONS CASE NO.57/14 and OLD SC NO.58/13
ID No. 02401R0357142013
FIR No.101/2013
P.S Moti Nagar
U/S 307/397/411/34 IPC
STATE
VERSUS
RANJEET @ FODAR
S/O RAM PARDESHI
R/O VEGABOND
VILL.SABIPUR,
PS RAJE SULTANPUR,
DISTT.AMBEDKAR NAGAR, U.P.
DATE OF INSTITUTION : 27.07.2013
DATE OF RESERVING THE ORDER : 30.05.2016
DATE OF DECISION : 07.06.2016
JUDGEMENT
1. The essential facts of the case are that on 04.04.2013, on receipt of DD no.8A, SI Mukesh Kumar reached at Main Road, Karampura, Near Punjabi Bagh Nala, Delhi, where the complainant was not present. Thereafter, SI Mukesh went to Acharya Bhikshu Hospital, where PCR vehicle P16 admitted one SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 1/28 injured Ram Chander vide MLC no. 1051/13. Patient could not give his statement due to pain and injury and for further treatment, the patient was referred to DDU hospital. Statement of the complainant was recorded, wherein he has stated that he is driver by profession. On 04.04.2013, at about 01:00 AM, he was going to his owner's house at Punjabi Bagh on foot. He has further stated that when he reached at Main road through Karampura, I Block and reached other side of road after crossing it, two boys were coming from the side of Gandha Nala towards Moti Nagar and without telling anything, one person caught his neck and took the purse from his pocket. He was carrying Rs. 500/ to Rs.600/, D/Licence and some visiting Cards in his Purse. He has further stated that the other boy gave him 2/3 fists blows and took out the mobile phone from his front pocket. When the complainant refused to do so, then one boy took out a knife and gave him threat of killing. When the complainant told them that they had taken all his articles and why they were showing the knife. On hearing this, he gave a knife blow on his abdomen. Blood started oozing from the wound and both the persons fled away while jumping over the drain. The complainant fell on the side of the road. Then he noted one PCR and he signaled them and thereafter, he was admitted to Acharya Bhikshu Hospital. He has also stated that both the boys were of moderate built and he can identify them. Those boys had taken his Purse and Mobile phone no. 9873502783 after inflicting him knife injury.
SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 2/282. On the statement of the complainant Ram Chander, the present FIR bearing no.101/13 U/s 397/307/411/34 IPC was registered against the accused persons and the investigation of this case was carried out. During investigation, on 14.04.2013, accused Ranjeet @ Fodar and JCL Vinod @ Jugnu were apprehended. TIP of the accused Ranjeet @ Fodar and JCL Vinod @ Jugnu were also carried out. During investigation, accused persons were found using the mobile phone of the complainant. After completion of investigation, chargesheet U/s 397/307/411/34 IPC was filed before the court.
3. Charge for the offence punishable U/s 392/34 IPC, 394/34 IPC, 307/34 IPC and 411/34 IPC was framed against the accused by my Ld.Predecessor on 03.09.2013 to which he pleaded not guilty and claimed trial.
4. To prove its case, prosecution has examined as many as 15 witnesses i.e. PW1 Ram Chander Choubey, PW2 SI Rameshwar Oraon, PW3 Dr.Pankaj Sareen, PW4 HC Satyawan, PW5 Dr.Biswajit Dass, PW6 Ct.Vinod, PW7 HC Mohinder Singh, PW8 Sh.Israr Babu, PW9 SI Harpal Singh, PW10 Sh.Pankaj Arora, PW11 Ct.Rajat Kumar, PW12 HC Ashok Kumar, PW13 SI Dinesh Pal, PW14 Insp.Mukesh Kumar and PW15 ASI Virender Kumar. Thereafter, Smt.Neetu was examined as CW1.
5. After closing the prosecution evidence, statement of accused U/s 313 Cr.P.C. was recorded wherein he has stated that he is innocent and has been falsely implicated in this case. The present SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 3/28 case is a false case against him. The IO had apprehended him from his house and had planted the articles upon him to work out the present and other cases. His signatures were taken on blank papers and were lateron converted into alleged disclosure statement. The complainant has also not identified him during TIP proceedings. However, he did not adduce any defence evidence.
6. PW1 Ram Chander Choubey has deposed that he is driver by profession and on 04.04.2013, his owner namely Mr.Malik had to go to the Airport. He has further stated that he left his residence i.e.F78, Third Floor, Karampura, Delhi at about 12.45 PM on foot for going to Punjabi Bagh to the house of Mr.Malik. When he reached on the main road i.e.Punjabi Bagh to Dhaula Kuan, near bus stand route no.85, at about 1 PM, thereafter two boys came from the side of LPG gas agency office towards Moti Nagar side and they came in front of him and suddenly one of the boy caught him from his neck and he gave 2/3 fist blows to him. The other boy took out his purse and mobile phone of Model No.1600 "Nokia" of black colour. He has further stated that his purse was containing his driving licence, cash Rs.500/600/, PAN Card and some other papers. The said boy threatened him that if he raised any alarm, then he would kill him and during the incident, he took out knife and inflicted knife blow on his left side of abdomen. After inflicting the injuries with the knife, both of them ran towards Nala and managed to escape. He fell down as a result of injuries. Blood came out from his injuries and his SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 4/28 clothes were stained with blood. One PCR van was passing through the road and he signaled them to stop with hand. PCR officials made enquiries from him and got him admitted at Bikshu Ram Hospital, Moti Nagar, Delhi. The local police came at the hospital but he could not make statement due to pain of injuries. Thereafter, at about 4 or 4.30 AM (night), police officials again reached at the hospital and police recorded his statement which is proved as Ex.PW1/A. He has further stated that he had also shown the spot to the police. This witness has further stated that he did not recollect the complete number of his mobile phone, but he has told the mobile number to the IO in his statement and he is subscriber of his abovesaid mobile phone.
This witness has further stated that during the investigation, he was called by the IO at the "बचचो वाली जेल" at Camp, Delhi (OHB) and there he identified the robber whose name was revealed as Vinod @ Jugnu, who inflicted knife injuries to him and robbed his mobile. He has further stated that once, he was also called at Tihar Jail, Delhi to participate judicial TIP, but he could not identify the other robber boy properly as there was no sufficient light in the TIP room behind the transparent glass as there was little bit dark. He has further stated that he can identify the other robber and there was one cut mark on his right side cheek and was of "सांवला रंग". This witness has correctly identified the accused Ranjeet @ Fodar before the Court. This witness has also identified his blood stained shirt as Ex.P.1, baniyan as Ex.P.2 and mobile phone as Ex.P.3.
SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 5/28This witness was crossexamined by the Ld.Addl.P.P.for the State wherein he has admitted that he has left his house at about 12:45 to 01:00AM and reached the main road after passing I Block, Karampura. This witness has voluntarily stated that he could not understand the timings as AM and PM and said that it was night time. This witness has denied the suggestion put to him by the Ld.Addl. P.P.for the State that the police officials recorded his statement before 06:45 06:50 PM on 04.04.2013. He has voluntarily stated that the police officials came to his house at third floor, Karampura at about 04:30 PM on 04.04.2013 and recorded his statement. He has also denied the suggestion that he is forgetting that the police officials recorded his statement prior 06:45 - 06:50 PM on 04.04.2013. He has admitted that at the hospital, the doctor took his thumb impression on the MLC.
7. PW2 SI Rameshwar Oraon has deposed that on 04.04.2013, at about 06.50 pm he received one rukka brought by SI Mukesh Kumar for registration of FIR. After giving him rukka, SI Mukesh along with complainant left the police station. On the basis of rukka he got FIR No. 101/13 recorded U/s. 394/34 IPC through computer operator. He has proved the Computerized copy of FIR as Ex.PW2/A and his endorsement on rukka as Ex.PW2/B regarding the registration of FIR vide DD no. 54A. He has further stated that thereafter, he handed over copy of FIR and original rukka to Ct. Vinod for handing over the same to SI Mukesh Kumar for investigation purposes. This witness has also proved the certificate U/s 65B Indian Evidence Act as Ex.PW2/C. SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 6/28
8. PW3 Dr.Pankaj Sareen has deposed on behalf of Dr. Shyam Talreja, who has left the services of the hospital and he had seen him writing and signing in due course of his duties. This witness has proved the MLC no. 1051 dt.04.04.2013 of the injured Ram Chander as Ex. PW3/A and identified the endorsement of Dr.Shyam Talreja at point X to X. He has further stated that as per endorsement of Dr.Shyam, the patient was referred to DDU hospital for ultrasound of abdomen and further treatment.
9. PW4 HC Satyawan has deposed that on 03.04.2013, at around 01.10 AM (night), when he was present near Gandha Nala, Karampura Punjabi Bagh during petrolling, he had seen that one person was lying near Nala in injured condition and crying for help. He reached near the above said person and came to know that some persons had stolen the purse and mobile phone from him. They had also beaten the above said person and fled away through Gandha Nala. He immediately called Control room and informed about the above said incident. The injured was shifted to Acharya Bikshu Hospital. SI Mukesh and SHO of PS Moti Nagar arrived at the above said hospital and thereafter, he left the hospital. This witness has proved the photocopy of log book as Ex.PW4/A.
10.PW5 Dr.Biswajit Dass has deposed that on 04.04.2013, at around 1.36 AM, the patient Ram Chander was brought by the PCR with alleged history of stab injury over abdomen. Patient had come with pain over the wound side. He had examined the injured and on examination, his vitals were found to be stable and there was smell of alcohol in his breath. There was an incised wound of 0.5 cm. X 0.5 cm. X 2 cm (depth) over his left side of the abdomen about 8 cm. below the level of umbilicus. He gave him primary treatment and advised Xray SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 7/28 abdomen and then referred the case to Surgery Sr.Resident doctor for further management.
This witness has further stated that on 16.07.2013, patient was brought again by the IO for blood sample of the patient which was collected and then handedover to the IO with proper sealing. This witness has proved the MLC of the patient as Ex.PW3/A and identified his handwriting at encircled portion with red ink at point Y and his signatures at point B, C and D.
11.PW6 Ct.Vinod has deposed that on 03/04.04.2013, in night at about 1 AM, IO/SI Mukesh called him and he went to IO near the gate of PS Moti Nagar. IO told him that he received DD no.8A regarding stabbing and robbing and he had to accompany him. He accompanied IO to near Gandha Nala Punjabi Bagh, but nobody met them. Thereafter, they went to Acharya Bikshu Hospital, where the PCR Power16 police officials met and they told about the call to the IO. The injured Ram Chander was found under treatment in the hospital. The injured could not make his statement due to injuries. He alongwith IO went to the spot near Punjabi Bagh Nala, for the search of the snatchers, but nobody met them. Thereafter, they came back to Acharya Bikshu Hospital and learnt that the injured had been shifted to DDU hospital. Thereafter, he did not remember what happened as his duty hours were over.
This witness was crossexamined by the Ld.Addl. P.P.for the State wherein he has admitted that from the PS, he accompanied IO/SI Mukesh Kumar to Acharya Bikshu Hospital, SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 8/28 Moti Nagar, Delhi, where the PCR officials told to IO that some boys gave stab injuries to the victim near Punjabi Bagh Nala and snatched his mobile and purse. He has also admitted that the IO received one sealed pullanda sealed with the seal of hospital and sample seal of ABGH from the CMO and the said pullanda and sample seal were seized by the IO through seizure memo which is proved as Ex.PW6/A. This witness has denied the suggestion put to him by the Ld.Addl. P.P.for the State that IO recorded statement of injured at his house and he has forgotten to depose the above fact due to lapse of time.
12.PW7 HC Mohinder Singh has deposed that on 14.04.2013, at about 12 noon, HC Ashok received one secret information that two persons who used to commit robbery will come at about 1 or 1.30 PM from the side of Nangloi and will go towards Bahadur Garh and they can be apprehended. HC Ashok recorded the secret information in Roznamcha and he informed the SHO. SHO directed SI Dinesh Pal to confirm the information. SI Dinesh Pal talked with secret informer and he further told the same to SHO. Thereafter, he, SI Dinesh Pal, SI Manoj Bhatia, HC Narender, HC Ashok, Ct.Sandeep and Ct.Vinod left the PS on private motorcycles and on private Car and reached at about 12.30 PM at Rani Khera Mode. He was alongwith HC Ashok on his motorcycle. SI Dinesh Pal made request to 45 passersby to join the investigation but none of them joined and left without giving their names and addresses while seeking their personal excuses. Without waisting time, a raiding party was made comprising of SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 9/28 the above mentioned police officials and barricades were placed on the road coming from the side of Nangloi. The secret informer was deputed about 20 mtrs. before the barricades on the road coming from the side of Nangloi. The IO instructed the secret informer to make signal while moving hand on the head after seeing the aforesaid boys. At about 1.30 PM, one motorcycle of black colour was seen coming from the side of Nangloi, upon which two persons were ride. The informer gave signal to the raiding party and the said motorcycle was stopped and both the boys were overpowered. Names of those persons were enquired and the name of the driver of the motorcycle was revealed as Ranjeet @ Fodar and the name of pillion rider as Vinod @ Jugnu. The motorcycle was Bajaj Calliber and there was number plate of DL8SV9829.
This witness has further stated that IO interrogated both the boys and on the search of Ranjeet @ Fodar, one knife was recovered from the right pocket of his Pajama. From the search of other accused, one country made pistol was recovered from the right dub of his Jeans Pant and one knife was also recovered from his right pocket of Jeans Pant. IO prepared separate sketches of the knives and country made pistol and cartridge. IO prepared separate pullandas of knives, country made pistol and the cartridge and IO seized the same vide seizure memo. On the search of Motorcycle, six Mobile phones were recovered, out of which one mobile phone make Nokia1600 was revealed as the case property of present case as the accused SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 10/28 persons disclosed that they have committed robbery while stabbing one person in the area of PS Moti Nagar. The IO prepared pullandas of six mobile phones and seized through seizure memos. The IO also seized the motorcycle. Thereafter IO prepared rukka and gave the same to him for getting the case registered. After registration of the FIR, investigation of case FIR no.76/13 was carried out by ASI Harpal, who accompanied him to the spot. ASI Harpal received all the documents and sealed the case property. ASI Harpal recorded the statement of SI Dinesh Pal and relieved him and prior to that ASI Harpal prepared site plan on the pointing out of SI Dinesh Pal. IO arrested the accused persons and recorded their disclosure statements.
This witness has proved the seizure memo of knife, which was recovered from accused Vinod @ Jugnu as mark PW7/A, seizure memo of motorcycle as Mark PW7/B. Seizure memo of country made pistol and cartridge as Mark PW7/C, Seizure memo of knife (Buttondar) recovered from accused Ranjeet as Mark PW7/D, Sketch of country made pistol and Cartridge as Mark PW7/E, sketch of knife as Mark PW7/F, sketch of buttondar knife as Mark PW7/G, disclosure statement of accused Ranjeet as Mark PW7/H and seizure memo of Mobile Nokia1600 as Mark PW7/I. This witness has also identified the mobile phone as Ex.P.3, photographs of motorcycle as Ex.CW1/B (Colly.), photograph of motorcycle as Ex.P.1 and one knife as Ex.P.
4.
13.PW8 Sh.Israr Babu has produced the summoned record of SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 11/28 mobile number 9873502783 and stated that as per record, the subscriber of the above mobile phone is Sh.Ram Chander Choubey S/o Sh.Devi Pd. and the number was activated on 06.02.2011. This witness has proved the photocopies of CAF as Ex.PW8/A, Customer declaration Form as Ex.PW8/B and photocopy of driving licence as Ex.PW8/C. This witness has also proved the CDR of abovementioned mobile number as Ex.PW8/D as Cell ID Chart as Ex.PW8/D.1. He has also proved the Certificate U/s 65B (4)(c) of Indian Evidence Act, 1862 as Ex. PW8/E.
14.PW9 SI Harpal Singh has deposed that on 14.04.2013, he received investigation of the case bearing FIR no. 76/13 U/s 411/34 IPC and 25/54/59 A.Act of PS Mundka and went to Rani Khera Mode, Rohtak Road, Delhi, where SI Dinesh Pal alongwith his other police staff met him and he produced accused persons namely Ranjeet @ Fodar and Vinod @ Jugnu alongwith recovered case property and documents which he prepared. He interrogated both the accused persons and arrested them in case FIR no. 76/13. He recorded their disclosure statements, wherein they have confessed about committing robbery of purse and mobile phone in the area of PS Moti Nagar on the point of knife. Both the accused persons disclosed that the robbed mobile from the area of PS Moti Nagar has been kept by them in the dikkey of the motorcycle and from the dikkey of the motorcycle, six mobile phones were recovered including the Nokia mobile phone of black & grey colour without Sim, which was the case property of the SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 12/28 case of PS Moti Nagar. He seized the mobile phone while preparing its pullanda which was sealed with the seal of HPS. During course of investigation, he also prepared site plan at the pointing out of SI Dinesh Pal.
This witness has proved the disclosure statement of accused Ranjeet @ Fodar as Mark PW7/H, seizure memo of mobile phone as Mark PW7/I and seizure memos of other mobile phones as Mark PW9/A and Mark PW9/B. He has further stated that the motorcycle no. DL8SU9829 from which the above mobile phones were recovered, was already seized by SI Dinesh Pal. This witness has identified the mobile phone as Ex.P.3.
15.PW10 Sh.Pankaj Arora, Ld.M.M.has deposed that on 07.06.2013, he received an application of the IO, PS Moti Nagar, Delhi regarding TIP of accused Ranjeet S/o Ram Pradesi R/o Village Sabid Pur, PS Rajesultan Pur Distt. Ambedkar Nagar, U.P. which was marked to him by Ld.Link MM Sh.Harvinder Singh, Tis Hazari Court, Delhi. The application was put up for 10.06.2013 for the TIP of accused Ranjeet. This witness has proved the application of IO as Ex.PW9/A. He has further stated that on 10.06.2013, at Tihar Jail no. 7, TIP proceedings of above named accused were carried out by him which is proved as Ex.PW9/B. The Assistant Superintendent, Tihar Jail no.7, Sh. Surender Kumar Dagar identified the accused Ranjeet. He has further stated that he has explained the meaning of TIP in Hindi to the accused and he understood the same and on his asking, accused agreed to participate in TIP. The witness Sh.Ram Chander Choubey S/o Sh.Devi Pd. Choubey R/o F263, Karampura, Delhi was called from outside the jail premises and he was asked to identify the accused SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 13/28 Ranjeet. The witness failed to identify the accused Ranjeet and he recorded his statement. This witness has further stated that the name of accused Ranjeet is not mentioned at srl.no. 1 to 10 as he was asked to stand in between the persons as detailed at srl.no. 1 to 10.
16.PW11 Ct.Rajat Kumar has deposed that on 03.06.2013, he procured two pullandas i.e.one pullanda of knife which was sealed with the seal of AK and one pullanda of Nokia phone sealed with the seal of HPS and thereafter, he produced both the abovesaid pullandas before the IO SI Mukesh and thereafter, case property was deposited in Malkhana. This witness has proved the photocopies of Road Certificates as Ex.PW11/A & Ex.PW11/B.
17.PW12 HC Ashok Kumar has deposed that on 14.04.2013, one secret informer came in PS and gave information at about 12:05 PM to him that two persons namely Vinod @ Jugnu and Ranjeet @ Fodar, who used to do snatching and theft of motorcycle will come at about 1:00 PM on stolen motorcycle No. DL8SU9829 and will go to Bahadurgarh via Nangloi and Mundka and they can be apprehended on raid. He told the SHO about this information and lodged DD No.20A, Marked as PW12/A in roznamcha about the secret information. Thereafter as per the directions of the SHO, a raiding party comprising of himself, SI Dinesh Pal, SI Manoj Bhatia, HC Narender, Ct.Mahender, Ct.Vinod, Ct.Sandeep and secret informer was prepared and they all left the PS vide DD No. 21A, which was recorded by SI Dinesh Pal in roznamcha. He has further stated that they reached at Rani Khera More, Rohtak Road at about 12:30 PM. The IO SI Dinesh Pal instructed the SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 14/28 raiding party and barricades were put on road for the purpose of checking.
This witness has further stated that at about 1.30 PM, one motorcycle of black colour bearing No. DL8SU9829 was seen coming from the side of Nangloi, upon which two persons were riding. The informer gave signal to the raiding party and the said motorcycle was stopped and both the boys were overpowered by him and Ct. Mahender with the help of other raiding party staff. Names of those persons were enquired and the name of the driver of the motorcycle was revealed as Ranjeet @ Fodar and the name of pillion rider as Vinod @ Jugnu. IO interrogated both the boys, who told that about 7½ months back, they have stolen the abovesaid motorcycle from the area of PS Nangloi. The IO confirmed the details of the motorcycle from PS Nagloi and motorcycle was found involved in FIR No. 220/12 of PS Nangloi. The IO seized the motorcycle u/s. 102 Cr.P.C and the seizure memo of motorcycle is proved as mark PW7/B. From the search of accused Vinod @ Jugnu, one loaded country made pistol was recovered from the right dub of his Jeans Pant and one folding knife was also recovered from his right pocket of Jeans Pant. From the accused Ranjeet @ Fodar, one button actuated knife was recovered from the right pocket of his Pajama. IO prepared sketch of country made pistol, cartridge and folding knife, which are proved as Mark PW7/E & MarkPW7/F and prepared pullanda of folding knife. The accused Vinod @ Jugnu during his disclosure statement also disclosed that he used the above mentioned SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 15/28 folding knife while committing offence of robbery in the area of PS Moti Nagar i.e. regarding present case. IO kept the country made pistol and cartridge in a transparent plastic jar and the lid of the jar and the pullanda of folding knife were sealed with the seal of AK. This witness has proved the seizure memo of country made pistol and cartridge as Mark PW7/C and seizure memo of folding knife as Mark PW7/A. IO prepared sketch of the buttondar knife, which was recovered from accused Ranjeet @ Fodar and same is proved as Mark PW7/G and prepared its pullanda, which was sealed with the seal of AK and seized through seizure memo, which is proved as Mark PW7/D. This witness has further stated that thereafter IO prepared rukka and gave the same to Ct. Mahender at 4:45 PM for getting the FIR registered from PS Mundka. After registration of FIR further investigation was carried out by ASI Harpal, who came to spot at about 6:00 PM along with Ct. Mahender. SI Dinesh Pal handed over both the accused persons, seized case property and all the documents which he prepared. ASI Harpal prepared site plan on the pointing out of SI Dinesh Pal and recorded his statement and relieved him. ASI Harpal interrogated both the accused persons and arrested them. IO recorded their disclosure statements, which are proved as Mark PW7/H and Mark PW12/B. The accused persons also disclosed that they have kept the robbed mobile phones in the dikkey of the motorcycle on which they were riding and in pursuance to the disclosure statements, they got recovered six mobile phones including the mobile phone Model Nokia 1600 SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 16/28 black and grey colour. Nokia Mobile phone was converted into pullanda and sealed with the seal of HPS and seized through seizure memo, which is proved as Mark PW7/I. This witness has proved the mobile phone as Ex.P.3, photographs of motorcycle as Ex.CW1/B and Ex.P.1 and knife as Ex.P.4.
18.PW13 SI Dinesh Pal has deposed that on 14.04.2013, on receipt of secret information to HC Ashok Kumar regarding Ranjit and Vinod involved in robbery matters and their movement from Nagloi to Bahadurgarh on stolen motorcycle, a raiding party was constituted comprising of SI Manoj Bhatia, HC Ashok, HC Narender, Ct.Mahender, Ct.Sandeep, himself and secret informer. At about 12:30 PM, they took position at Rani Khera Mode by installing barricades for vehicles checking and at about 01:30 PM, on the beckoning of secret informer, two boys were flagged down coming on motorcycle bearing no. DL8SU9829 make Callibre and were apprehended. The names of those said boys were revealed as Vinod @ Jugnu and Ranjit @ Fodar.
This witness has further stated that on casual search of accused Vinod @ Jugnu, a country made pistol alongwith one live cartridge and one folding knife were found in his possession from his right side dub and right side pocket of his trouser respectively. Accused Ranjit was found in possession of a buttondar knife. Sketches of said weapons were prepared, which are proved as Mark PW7/E, Mark PW7/F and Mark PW7/G and taken into possession. The knives were wrapped in separate cloth pieces and sealed with the seal of AK. Country made pistol with SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 17/28 one live cartridge were put in plastic Jar and sealed with the seal of AK. The seizure memos are proved as marked as Mark PW7/A, Mark PW7/C, Mark PW7/D and motorcycle was also taken into police possession vide Mark PW7/B. He has further stated that he prepared rukka proved as Mark PW13/A and got registered the FIR bearing no. 76/13 U/s 25 A.Act, 411/34 IPC PS Mundka vide Mark PW13/B. Further investigation was conducted by ASI Harpal Singh and he handedover the sealed case property, motorcycle, custody of accused persons to him. ASI Harpal Singh also prepared Site plan Mark PW13/C at his instance. This witness has proved the folding knife as Ex. P.4, photographs of motorcycle as Ex.CW1/B and Ex.P.1.
19.PW14 Insp.Mukesh Kumar has deposed that on 04.04.2013, at around 01:10 AM (night), a call regarding knife attack by two persons and the robbery of wallet and Rs.600/ was received vide DD no. 8A Ex. PW14/A. On receipt of the said information,he alongwith Ct. Vinod reached near Nala Main Road, Karampura, where no informant was found present at that time. Thereafter, he went to Acharya Bikshu Hospital, Moti Nagar, where injured Ram Chander Chaubey with PCR officials was found present in the hospital, but he could not take the statement of Ram Chander Chaubey as he was reeling under pain. The doctor on duty who prepared the MLC of injured, handedover one sealed pullanda sealed with the seal of ABGH, which he took in possession vide seizure memo, proved as Ex.PW6/A. The injured was further referred to DDU hospital.
SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 18/28This witness has further stated that on the same evening at about 04:30 PM/05:00 PM, they reached at the house of injured Ram Chander and recorded his statement which is proved as Ex.PW1/A. He took the complainant Ram Chander to PS Moti Nagar, prepared rukka Ex.PW14/B by endorsing Ex.PW1/A and got the FIR registered which is proved as Ex. PW2/A. Thereafter he prepared site plan Ex.PW14/C at the instance of complainant and recorded his supplementary statement. He had also collected MLC of the injured from the hospital.
This witness has further stated that on 15.04.2013, a call was received from PS Mundka regarding apprehension of accused persons involved in the present matter vide DD no. 3B, Ex.PW14/D. He contacted IO of FIR no. 76/13 of PS Mundka and collected copy of disclosure statements, seizure memos, sketches of weapons and rukka. He applied for production of accused persons before the Ld.M.M.vide application Ex.PW14/1 and he was permitted by Ld.M.M. to interrogate the accused persons in the jail itself. He went to Tihar Jail from where it was revealed that the accused persons have been shifted to Juvenile home, Kingsway Camp. Thereafter, he went there and enquired Ranjit @ Fodar and Vinod @ Jugnu. Accused Ranjit was apprehended vide apprehension memo Ex.PW14/E. He applied for conducting TIP of JCLs before Ld.Principle Magistrate, JJB vide application Ex.PW14/F. He was directed to move application for TIP before concerned MM, as accused Ranjeet was declared SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 19/28 major by Ld. PM/JJB. He has further stated that on 03.05.2013, he applied for production of accused Ranjeet in muffled face vide application Ex.PW14/G and same was allowed by ld. MM for 04.05.2013.
This witness has further stated that on 06.05.2013, he applied for conducting TIP of accused Ranjeet vide application Ex.PW14/I. Ld. Link MM gave the date 08.05.2013 for conducting TIP but complainant did not turn up, hence, 13.05.2013 was given for TIP. On the said date also, complainant did not turn up. The TIP proceeding was kept in abeyance as the complainant was not available in Delhi and had gone to his native village. On the return of complainant from his native village, he again moved application for TIP vide Ex.PW14/J dated 07.06.2013 and TIP was conducted on 10.06.2013. He collected copy of TIP proceedings. He recorded supplementary statement of complainant on that day also regarding his failure to identify accused in TIP.
This witness has further stated that he served a notice upon Nodal Officer, Vodafone for obtaining CDR, Customer Application Form of Mobile No. 9873502783, vide Ex. PW14/K. The IMEI No. 356977015039190 matched with the phone recovered by police officials of PS Mundka in case FIR No. 76/13. The Nodal Officer, Vodafone supplied the copy of CAF in the name of Ram Chander Choubey i.e. the complainant of present matter, with CDR. He applied for taking blood sample of the complainant/ injured before CMO, Acharya Bhiskhu Hospital SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 20/28 vide application Ex.PW14/L and took blood sample vide seizure memo Ex.PW14/M. The sealed parcel as mentioned in Ex.PW6/A collected from Doctor, blood sample and knives were sent to FSL and collected the report Ex.PX and Ex.PY. He has further stated that he applied for providing final opinion on the MLC of injured Ram Chander but same could not be collected since injured was referred to DDU hospital and he had not obtained any treatment from DDU hospital. Injured had also not provided medical papers for further treatment.
20.PW15 ASI Virender Kumar has deposed that on 04.04.2013, SI Mukesh Kumar deposited with him one parcel stated to be containing clothes of injured Ram Chander, duly seal with the seal of ABGH and he made entry in register no. 19 at srl.no. 2617 in this regard. Thereafter, he handedover the charge of Malkhana to HC Manoj. As per record on 03.06.2013, one sealed parcel sealed with the seal of HPS stated to be containing Nokia Phone and another sealed parcel duly sealed with the seal of AK were deposited in the malkhana by Ct. Rajat of PS Mundka as the abovesaid case property pertaining to present case, were recovered in case FIR no. 76/13 of PS Mundka. Entry in register no. 19 at srl.no. 2747 was made by HC Manoj Kumar. He has further stated that as per record, on 16.07.2013, one sealed parcel duly sealed with the seal of ABGH stated to be containing blood sample of injured Ram Chander of present case was deposited in the malkhana by SI Mukesh and entry in this regard was made at srl.no. 2824.
SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 21/28This witness has further stated that on 22.07.2013, three parcels and two sample seals deposited in this case were sent to FSL, Rohini through HC Mahesh Dutt vide RC no. 78/21/13 and the same were deposited in the FSL on the same day. This witness has proved the photocopies of entry no. 2617 as Ex.PW15/A, that of entry no.2747 as Ex.PW15/B and that of entry no. 2824 as Ex.PW15/C and photocopy of RC no. 78/21/13 as Ex. PW15/D.
21.CW1 Smt.Neetu has deposed that she is the registered owner of motorcycle no. DL8SU9829 and proved the photocopy of RC as Ex.CW1/A. She has further stated that the aforesaid motorcycle is not in a condition to produce in the court due to wear and tear and hence, she could not produce the motorcycle before the court. She has further stated that lenient view may kindly be taken against her due to unability to produce the motorcycle before the Hon'ble Court. This witness has proved the photocopies of four photographs as Ex.CW1/B (colly.), in which the abovesaid motorcycle Ex.P.1 is depicting and belongs to her. She has also proved the photocopy of Superdaginama executed by her as Ex.CW1/C. She has further stated that the photocopy of Adhar Card Ex.CW1/D is of her. The endorsement on the back of the photocopy of the ordersheet dt. 27.05.2013 passed by Sh.Harvinder Singh, Ld.M.M.in FIR no. 220/12 also bearing her endorsement regarding obtaining the abovesaid motorcycle on Superdari from malkhana and the same is proved as Ex.CW1/E.
22.I have heard Ld.Chief. P.P.for the State, Sh.Dhruva Bhagat, SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 22/28 Amicuscuriae, for the accused and have perused the record carefully.
23.It is vehemently contended by the Ld.Amicuscuriae for the accused that accused has been falsely implicated in this case. The complainant was not able to identify the accused during his TIP proceedings in Tihar Jail. There is no other evidence which connects the accused with the commission of offence. The recovery of phone and other articles were planted by the IO as he knew the accused prior to the incident. It is prayed that the accused be acquitted.
24.On the other hand, ld. Chief PP for the State has contended that the testimony of PW1 Ram Chander Choubey remained un shattered. PW1 Ram Chander Choubey remained firm during his crossexamination and he has supported the case of the prosecution. It is prayed that accused be convicted.
25.In the present case, as per PW1 Ram Chander Choubey, the incident had taken place at about 01:00 AM and complainant was taken to Acharya Bhikshu hospital at about 01:36 AM by the PCR16 and the alleged history was given by the doctor as stab injury today at about 01:00 AM. Thus, immediately after the incident, the injured was taken to the hospital by PCR officials. Thus, this fortify the fact that injured was given the injuries with knife and robbery was committed upon him.
26.In the present case, PW3 Dr. Pankaj Sareen has proved the MLC of the injured as Ex.PW3/A. PW5 Dr.Biswajit Dass has deposed that there was incised wound 0.5 cm x 0.5 cm x 2 cm (depth) SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 23/28 over his left side of the abdomen about 8 cm. below the level of umbilicus. He gave him primary treatment and advised Xray abdomen and then referred the case to their Surgery Sr.Resident doctor for further management.
In crossexamination, this witness has stated that in such type of cases, the injuries cannot possible in case of fall of a person on some sharp object.
27.There is no evidence of any doctor to show that the injuries received by the patient was dangerous to life and there is also no evidence on record to show that injuries received by the injured are grievous. Moreover, injured received knife blows, given by JCL Vinod @ Jugnu. Thus, accused Ranjeet @ Fodar cannot be convicted for the offence Punishable U/s 307/34 IPC. Accordingly, he is acquitted for the offence punishable U/s 307/34 IPC.
28. Now it is to be seen whether the accused can be convicted for the offence punishable U/s 392/34, 394/34 IPC and 411/34 IPC.
29.It is vehemently contended by the legal aid counsel that the complainant has falsely stated in the court while deposition that there was no sufficient light in the TIP room behind the transparent glass. Ld. Legal aid counsel has drawn my attention towards the testimony of PW10 Sh.Pankaj Arora, Ld.M.M., who deposed that on 10.06.2013, he went at Tihar Jail No.7 for the TIP proceedings of accused Ranjeet on the application of the IO and he has carried out the TIP proceedings of the accused. He has also stated that witness Ram Chander Choubey was called SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 24/28 from the outside of the jail premises and he was asked to identify the accused Ranjeet and the witness failed to identify the accused Ranjeet @ Fodar and he recorded his statement to this effect. This witness in the crossexamination has categorically stated that there was proper light in the TIP room. Thus, in view of deposition of PW10 Sh.Pankaj Arora, Ld.M.M., it cannot be said that there was no proper light in the TIP room. Thus, the witness PW1 Sh.Ram Chander Choubey was telling a lie.
30.PW1 Sh.Ram Chander Choubey has deposed before the court that he was called at Tihar Jail to participate in the TIP proceedings. He has also admitted that he could not identify the other robber boy properly as there was no sufficient light in the TIP room behind the transparent glass as there was a little bit dark. However, this witness has identified the accused before the Court.
PW1 Ram Chander Choubey has made some improvements while deposing in the court. The incident in the present case is of 04.04.2013 and the TIP proceedings were carried out on 10.06.2013. When the witness was not able to identify the accused after about two months of the incident, then how the complainant is able to identify the witness when his statement was recorded after about one year and four months of the incident. The witness also admitted in the crossexamination that there was no proper light in the TIP room and he again voluntarily stated that there was a light but it was not proper. The identification of the accused by the complainant first time in the SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 25/28 court is of no relevance when he failed to identify the accused after two months of the incident.
In view of the fact that the witness has failed to identify the accused in TIP proceedings, the benefit of doubt must be given to the accused. Thus, the testimony of PW1 Ram Chander Choubey as a whole cannot be accepted.
31.It is also the case of the prosecution that on 14.04.2013, accused Ranjeet @ Fodar was arrested alongwith JCL Vinod @ Jugnu and this fact was proved by PW7 HC Mohinder Singh, PW12 HC Ashok Kumar and PW13 SI Dinesh Pal. PW7 HC Mohinder Singh, PW12 HC Ashok Kumar and PW13 SI Dinesh Pal have admitted that no public person was joined. Admittedly, as per the prosecution case, the accused was apprehended at 01:30 PM i.e.noon time and it has also come in evidence of PW7 HC Mohinder Singh that public persons were present there. Even PW12 HC Ashok Kumar admitted that no written notice was given by the SI Dinesh Kumar to those public persons. This fact is also admitted by PW7 HC Mohinder Singh.
32.Admittedly mobile phone was recovered from the Dikkey of the motorcycle bearing no. DL8SU9829. The incident is of 04.04.2013 and the accused persons were apprehended on 14.04.2013 and the mobile phone was recovered from the Dikkey of the motorcycle. There is a possibility that the accused might be not aware about the presence of mobile phone in the motorcycle as the motorcycle was of stolen property.
I am of the view that no reliance can be given to the SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 26/28 testimonies of PW7 HC Mohinder Singh, PW12 HC Ashok Kumar and PW13 SI Dinesh Pal regarding recovery of mobile phone from the motorcycle.
33.As per the MLC, the injured was under the influence of liquor at the time of his examination. This fact is mentioned on the MLC Ex. PW3/A that smell of alcohol in breadth was present. Thus, at the time of incident, the witness was under the influence of liquor and he was not in a position to identify the accused Ranjeet @ Fodar and this is the reason, the witness failed to identify him during TIP proceedings.
34.In the present case, stolen articles were recovered after 10 days of the alleged robbery. Ld. Counsel for the accused has contended that accused have ample opportunity to destroy the case property and why he will keep the mobile phone after 10 days of the incident. Ld.defence counsel has also placed reliance upon the Judgment titled as State of Rampal Singh & Anr. in Crl.Appeal No. 372/1998, wherein it is held that :
"The respondents finger prints were obtained by the police on 14.02.1994. Thus, atleast on this date, he was aware that there was a needle of suspicion against him. The respondent had ample of opportunity to remove, destroy and dispose of the robbed jewellery articles alleged to have been recovered from his father's house as he was arrested only on 19.02.1994".
I am of the view that it cannot be admitted that mobile phone was recovered from the exclusive possession of the accused as the mobile phone was recovered from the dikkey of the SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 27/28 motorcycle which was stolen property. Thus, it cannot be held that mobile phone was recovered from the exclusive possession of the accused.
35.In view of above discussion, I am of the view that the prosecution is not able to prove its case beyond reasonable doubt. Accordingly, accused Ranjeet @ Fodar is hereby acquitted for the offence punishable U/s 307/34 IPC, 392/34 IPC, 394/34 IPC and 411/34 IPC. Accused is also directed to furnish bail bonds and surety bonds for a sum of Rs.10,000/ in view of Provisions of Section 437A Cr.P.C.
Further it is ordered that the case property of this case, if any, be disposed of/destroyed after expiry of period of filing appeal, if any.
File be consigned to record room.
ANNOUNCED IN THE OPEN (NARESH KR. MALHOTRA) COURT ON: 07.06.2016 ASJ05 (West), THC, Delhi. SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 28/28 SC No.57/14 FIR NO.101/13 State Vs.Ranjeet @ Fodar Page No. 29/28