Delhi District Court
State vs ) Rajpal @ Raja on 11 October, 2013
IN THE COURT OF SH. VIRENDER KUMAR GOYAL
ADDL SESSIONS JUDGE: FAST TRACK COURT
ROHINI:DELHI
SC No. 143/1
Unique Identification No. 02404R1000342003
State
Versus
1) Rajpal @ Raja
S/o Sh. Yashpal
R/o WZ98A,
VillagePosangi Pur,
PSJanak Puri, Delhi4
& H.No. 607, Vill Ladpur,
PS Kanjhawala, Delhi.
2) Suresh @ Bittoo
S/o Sh. Mam Chand
R/o H.No. 329, Jatwala Mohalla,
Bahadurgarh, Haryana
3) Rajiv @ Rinku
S/o Sh. Surinder
R/o K52, Amar Colony,
Nangloi, Delhi
Also R/o VillLambi,
PS Dabwali,
DistrictSirsa, Haryana
(since proclaimed offender)
4) Neeraj Juneja
S/o Sh. Inderjeet
R/o A1/42, Paschin Vihar,
Delhi.
(since proclaimed offender)
5) Sukhbir Singh
S/o Balwan
R/o H.No. 438, Sector9
Opposite Sastri Nagar,
Bahadurgarh, Haryana.
SC No. 145/1 1/30
6) Bera Singh @ Bed
S/o Sh. Kuldeep
R/o VillageBaghpur, PS Beri,
DistrictJhajhar, Haryana
7) Ajay Kumar Saini
S/o Sh. Jotram Saini
R/o H.No. 512,
Saini Pura Colony,
Bahadurgarh, Haryana
FIR No. 494/03
PS -Nangloi
U/s. 399/402/420/468/471/473/506/120B/34 of IPC
& U/s. 25/27 of Arms Act
Date of institution of the case: 26/08/2003
Arguments heard on: 04/10/2013
Date of reservation of order: 04/10/2013
Date of Decision: 11/10/2013
SC No. 144/1
Unique Identification No. 02404R1000392003
State
Versus
1) Suresh @ Bittoo
S/o Sh. Mam Chand
R/o H.No. 329, Jatwala Mohalla,
Bahadurgarh,
DistrictJhajjar Haryana
FIR No. 495/03
PS -Nangloi
U/s. 25/27/54/59 of Arms Act
Date of institution of the case: 08/08/2003
Arguments heard on: 04/10/2013
Date of reservation of order: 04/10/2013
Date of Decision: 11/10/2013
SC No. 145/1 2/30
SC No. 145/1
Unique Identification No. 02404R1000402003
State
Versus
1) Sukhbir Singh
S/o Balwan
R/o H.No. 438, Sector9
Sasthri Nagar, Najafgarh road,
Bahadurgarh, Haryana.
FIR No. 496/03
PS -Nangloi
U/s. 25/27/54/59 of Arms Act
Date of institution of the case: 11/07/2003
Arguments heard on: 04/10/2013
Date of reservation of order: 04/10/2013
Date of Decision: 11/10/2013
SC No. 146/1
Unique Identification No. 02404R1000382003
State
Versus
1) Rajiv @ Rinku
S/o Late Sh. Surender Kumar
R/o VillLambi,
PO & PS Dabwali,
DistrictBhatinda, Punjab.
(since proclaimed offender)
FIR No. 497/03
PS -Nangloi
U/s. 25/27/54/59 of Arms Act
Date of institution of the case: 25/07/2003
Arguments heard on: 04/10/2013
Date of reservation of order: 04/10/2013
Date of Decision: 11/10/2013
SC No. 145/1 3/30
SC No. 147/1
Unique Identification No. 02404R1000362003
State
Versus
1) Bera Singh @ Bed
S/o Sh. Kuldeep
R/o VillageBaghpur, PS Beri,
DistrictJhajhar, Haryana
FIR No. 498/03
PS -Nangloi
U/s. 25/27/54/59 of Arms Act
Date of institution of the case: 08/08/2003
Arguments heard on: 04/10/2013
Date of reservation of order: 04/10/2013
Date of Decision: 11/10/2013
SC No. 148/1
Unique Identification No. 02404R1000352003
State
Versus
1) Ajay Kumar Saini
S/o Sh. Jotram Saini
R/o H.No. 512,
Saini Pura Colony,
Najafgarh Road,
Bahadurgarh, Haryana
FIR No. 499/03
PS -Nangloi
U/s. 25/27/54/59 of Arms Act
Date of institution of the case: 08/08/2003
Arguments heard on: 04/10/2013
Date of reservation of order: 04/10/2013
Date of Decision: 11/10/2013
SC No. 145/1 4/30
JUDGMENT
Case FIR No. 494/03
This case was registered on the basis of rukka sent by SI Dilip Kaushik on 26/06/2003, U/s. 399/402/411/506/34 of IPC & U/s. 25/27/54/59 Arms Act.
Prior to that, on 26/06/2003, DD No. 8 was got recorded by SI Dilip Kaushik at about 5.00 p.m. in the office of Special Staff, West District, Tagore Garden, Delhi, regarding receiving of telephonic secret information in respect of some assailants, who were involved in the incidents of committing robbery in Delhi and Haryana and were having illegal weapons in huge quantity and were also in possession of one looted Icon Car and Pulsar motorcycle, on which, they had affixed fake number plates and Icon car was having fake number plate No. DL5CA3195, will come in the area of Pashcim Vihar and Punjabi Bagh to commit robbery and dacoity in the kothies and will rob rich businessman on Rohtak road and will assemble at Maharaja Surajmal Stadium at about 7.30 p.m., where they will finalize about the planning of dacoity. The same was apprised to Inspector H.S. Yadav and ACP Sh. Satender Nath of Operation, who directed to take immediate action.
DD No. 9 was also recorded at about 6.30 p.m. in the office of Special Staff Staff, West District Delhi, regarding departure of raiding party.
During investigation, accused Neeraj Juneja, Bera Singh,Rajpal @ Raja, Sukhbir Singh, Rajeev @ Rinku, Suresh @ Bittoo and Ajay Kumar Saini were arrested. Their personal searched were conducted. Accused Suresh @ Bittoo, Rajpal, Bera Singh @ Bed, Ajay Saini, Neeraj and Sukhbir got recorded their disclosure statements. They were also got medically examined. Rough site plan of the place of occurrence was prepared. Sketch of pistol and three live cartridges recovered from accused Rajpal @ Raja was prepared. The same were seized by preparing a memo. One motorcycle make Pulsar alongwith key, which was having fake number plate No. DL8SAB8900, original No. DL4SAJ5437, was taken into possession by preparing a memo. One light Golden Icon car alongwith key and stepney bearing fake SC No. 145/1 5/30 number plate No. DL5CA3195, original No. DL1Z1326, was also seized in this case by preparing a memo. Some documents were recovered from Icon car, which were also seized by preparing a memo. Some documents were recovered from the possession of accused Ajay Kumar Saini, which were seized by preparing a memo. One attachi make VIP was recovered from the dickey of Icon car,which was seized by preparing a memo. Cash amount of Rs. 1,25,000 got recovered by accused Rajpal @ Raja was also seized by preparing a memo. Accused Suresh @ Bittoo also got recovered cash amount of Rs. 50,000/, which was also seized by preparing a memo. Accused Ajay Kumar Saini also got recovered Rs. 15,000/ which were also seized by preparing a memo. One mobile phone was recovered from the possession of accused Neeraj, which was seized by preparing a memo. One mobile phone was also recovered from the possession of accused Rajpal @ Raja, which was seized by preparing a memo. One motorcycle make Suzuki Max, which was found having fake number plate No. DL4SAC8025, original No. DL9SK1664, was got recovered by accused Neeraj,which was seized by preparing a memo. Photographs of both the motorcycles and Icon car were also placed on record. One identity car bearing the name of accused Ajay Kumar Saini was also placed on record.
Request for providing information in respect of vehicle No. DL4SAC8025 was moved. Same was collected and placed on record. Photocopy of the RC was also placed on record. Genuineness of identity card bearing the name of Ajay Kumar Saini was got verified by moving an application. Call details of mobile phones recovered from accused Rajal @ Raja and Neeraj were collected. Photocopy of application and order regarding transfer of Icon car No. DL1Z1326 with attachi and documents to PS Sector17, Chandigarh, was also placed on record. Photocopy of seizure memo pertaining to case FIR No. 242/03, PS Sector17, Chandigarh, regarding seizure of car No. DL1Z1326 was collected and placed on record. Pointing out memos of the place of occurrence by accused Rajpal @ Raja and Ajay Saini were prepared. One number plate was also seized from accused Ajay Kumar SC No. 145/1 6/30 Saini, Suresh @ Bitto and Rajpal @ Raja of Icon car bearing original no. DL1Z1326, which was having fake number plate DL5CA3195. Photocopies of FIR No. 460/03 of PS Punjabi Bagh, which was lodged regarding looting of pulsar motorcycle No. DL4SAJ5437 and FIR No. 299/03, PS Nangloi, which was lodged regarding looting of motorcycle make Suzuki Max No. DL9SK1664 were collected. Photocopy of FIR No. 242/2003, PS Sector17 Chandigarh, which was lodged regarding stealing of Icon car No. DL1Z1326, was also collected. Previous criminal history of accused persons were collected. DD No. 11, 13 and 14 were also placed on record.
On completion of investigation, chargesheet was filed against all the seven accused persons in case FIR No. 494/03, u/s.
399/402/420/468/471/473/506/120B/34 of IPC and U/s. 25/27 of Arms Act. Case was committed to the Court of Session on 04/11/20013. It was received on 14/11/2003.
On 17/01/2004, charge was framed against all the seven accused persons U/s. 399/402 of IPC, to which, they pleaded not guilty and claimed trial. Charge U/s. 471/34 of IPC and u/s. 411/34 of IPC was framed against accused Rajpal @ Raja, Suresh @ Bittoo, Ajay Saini and Bera Singh @ Bed, to, which, they pleaded not guilty and claimed trial. Separate charge u/s. 27 of Arms Act was also framed against accused Rajpal @ Raja to which he pleaded not guilty and claimed trial. Charge u/s. 471 of IPC was framed against accused Ajay Kumar Saini, to which, he pleaded not guilty and claimed trial. Separate charge u/s. 471/34 and u/s. 411/34 of IPC was also framed against accused Sukhbir Singh and Rajiv @ Rinku, to which, they both pleaded not guilty and claimed trial. Separate charge u/s. 471 and u/s. 411 of IPC was also framed against accused Neeraj, to which, he pleaded not guilty and claimed trial.
During trial, accused Rajeev @ Rinku and Neeraj have been declared proclaimed offenders.
SC No. 145/1 7/30
To prove its case, prosecution has examined PW1 to PW22 in all. On completion of evidence of the prosecution, statements of accused Beer Singh @ Bera, Rajpal, Suresh @ Bittoo, Sukhbir Singh and Ajay Saini were recorded. They have denied the case of the prosecution and have stated that they are innocent and have been falsely implicated in this case.
Case FIR No. 495/03
This case was registered on 26/06/2003 u/s. 25/27/54/59 of Arms Act against accused Suresh @ Bitto, on receipt of rukka from ASI Vijay Singh, who was apprehended on the basis of secret information, while he was planning to commit dacoity alongwith his other associates at Maharaja Surajmal Stadium and during his search, one country made katta alongwith one loaded cartridge was recovered. Another cartridge was also recovered from the right side pocket of his wearing pant.
During investigation, rough site plan of the scene of occurrence was prepared. Sketch of contrymade katta and two cartridges was prepared. The same were seized by preparing a memo. Accused Suresh @ Bittoo was arrested in this case. His personal search was conducted. His body inspection memo was prepared. DD No. 8 and DD No. 17 were placed on record. Photocopy of MLC of accused was also placed on record. FSL report was obtained. Sanction u/s. 39 of Arms Act was obtained. On completion of investigation, chargesheet was filed against accused Suresh @ Bittoo U/s. 25/27/54/59 of Arms Act. It was committed to the Court of Session on 04/11/2003 and was received on 14/11/2003.
On 17/01/2004, charge u/s. 27 of Arms Act was framed against the accused to which he pleaded not guilty and claimed trial.
To prove its case, prosecution has examined PW1 to PW9 in all. On completion of the evidence of prosecution, statement of accused was recorded u/s. 313 Cr.P.C., wherein he has denied the case of the prosecution and has stated that he is innocent and has been falsely implicated in this case. Case FIR No. 496/03:
SC No. 145/1 8/30
This case was registered on 26/06/2003 u/s. 25/27/54/59 of Arms Act, on receipt of rukka from HC Ramesh Chand, against accused Sukhbir Singh, who was apprehended on the basis of secret information, while he was planning to commit dacoity alongwith his other associates at Maharaja Surajmal Stadium and he was found possessing one knife in his hand, in open condition.
During investigation, rough site plan of the scene of occurrence was prepared. Sketch of the knife was prepared. It was seized by preparing a memo. Notification was collected. Accused Sukhbir was arrested in this case. His personal search was conducted. On completion of investigation, chargesheet was filed against accused Sukhbir U/s. 25/27/54/59 of Arms Act. It was committed to the Court of Session on 04/11/2003 and was received on 14/11/2003.
On 17/01/2004, charge u/s. 27 of Arms Act was framed against the accused to which he pleaded not guilty and claimed trial.
To prove its case, prosecution has examined PW1 to PW6 in all. On completion of the evidence of prosecution, statement of accused was recorded u/s. 313 Cr.P.C., wherein he has denied the case of the prosecution and has stated that he is innocent and has been falsely implicated in this case. Case FIR No. 497/03
This case was registered on 26/06/2003, u/s. 25/27/54/59 of Arms Act, on receipt of rukka from HC Murlidhar, against accused Rajeev @ Rinku,who was apprehended on the basis of secret information, while he was planning to commit dacoity alongwith his other associates at Maharaja Surajmal Stadium and he was found possessing one open knife in his right hand.
During investigation, rough site plan of the scene of occurrence was prepared. Sketch of the knife was prepared. It was seized by preparing a memo. DD No. 8 was placed on record. Notification was collected. Accused Rajeev @ Rinku was arrested in this case. His personal search was conducted. On completion of investigation, chargesheet was filed against accused Sukhbir U/s. 25/27/54/59 of SC No. 145/1 9/30 Arms Act. It was committed to the Court of Session on 04/11/2003 and was received on 14/11/2003.
On 17/01/2004, charge u/s. 27 of Arms Act was framed against the accused to which he pleaded not guilty and claimed trial.
During trial, accused Rajeev @ rinku was declared proclaimed offender in main case FIR No. 494/03, PS Nangloi.
To prove its case, prosecution has examined PW1 to PW6 in all. Case FIR No. 498/03:
This case was registered on 26/06/2003 u/s. 25/27/54/59 of Arms Act, on receipt of rukka from ASI Nahar Singh, against accused Bera Singh @ Bed, who was apprehended on the basis of secret information, while he was planning to commit dacoity alongwith his other associates at Maharaja Surajmal Stadium and he was found possessing one country made pistol loaded with one live cartridge and two live cartridges were recovered from the pocket of his pant.
During investigation, rough site plan of the scene of occurrence was prepared. Sketch of the country made pistol alongwith three live cartridges was prepared. The same were seized by preparing a memo. Accused Bera Singh was arrested in this case. His personal search was conducted. DD No. 8 and DD no. 20 were placed on record. Previous involvement history of accused was obtained. FSL report was collected. Sanction U/s. 39 of Arms Act was obtained. On completion of investigation, chargesheet was filed against accused Bera Singh U/s. 25/27/54/59 of Arms Act. It was committed to the Court of Session on 07/11/2003 and was received on 14/11/2003.
On 17/01/2004, charge u/s. 27 of Arms Act was framed against the accused to which he pleaded not guilty and claimed trial.
To prove its case, prosecution has examined PW1 to PW9 in all. On completion of the evidence of prosecution, statement of accused was recorded u/s. 313 Cr.P.C., wherein he has denied the case of the prosecution and has SC No. 145/1 10/30 stated that he is innocent and has been falsely implicated in this case. Case FIR No. 499/03:
This case was registered on 26/06/2003 u/s. 25/27/54/59 of Arms Act, on receipt of rukka from ASI Shiv Kumar, against accused Ajay Kumar Saini, who was apprehended on the basis of secret information, while he was planning to commit dacoity alongwith his other associates at Maharaja Surajmal Stadium and he was found possessing one country made pistol loaded with one live cartridge and two live cartridges were recovered from the pocket of his pant.
During investigation, rough site plan of the scene of occurrence was prepared. Sketch of the country made pistol alongwith three live cartridges was prepared. The same were seized by preparing a memo. Accused Ajay Kumar Saini was arrested in this case. His personal search was conducted. His body inspection memo was prepared. DD No. 8 and DD no. 21 were placed on record. Previous involvement history of accused was obtained. FSL report was collected. Sanction U/s. 39 of Arms Act was obtained. On completion of investigation, chargesheet was filed against accused Ajay Kumar Saini U/s. 25/27/54/59 of Arms Act. It was committed to the Court of Session on 04/11/2003 and was received on 14/11/2003.
On 17/01/2004, charge u/s. 27 of Arms Act was framed against the accused to which he pleaded not guilty and claimed trial.
To prove its case, prosecution has examined PW1 to PW9 in all. On completion of the evidence of prosecution, statement of accused was recorded u/s. 313 Cr.P.C., wherein he has denied the case of the prosecution and has stated that he is innocent and has been falsely implicated in this case. Finding qua offences u/s. 399/402 of IPC against all the accused persons in case FIR No. 494/03 & finding qua offence u/s. 27 of Arms Act against accused Rajpal @ Raja in case FIR No. 494/03:
According to rukka of case FIR No. 494/03, keeping in view the incidents of robbery held in Delhi and its nearby area, DCP/West district directed SC No. 145/1 11/30 Inspector, Special Staff, West District to conduct a special drive, who in turn, directed SI Dilip Kaushik to develop/collect information in this regard. Accordingly, SI Dilip Kaushik deployed sources and collected information. On 26/06/2003, at about 4.45 p.m., Secret informer telephonically informed SI Dilip Kaushik that some goons of Haryana, who were involved in the incidents of committing robbery in Haryana and Delhi and were having illegal weapons in huge quantity and were also in possession of one snatched Icon Car and Pulsar motorcycle, on which, they had affixed fake number plates and Icon car was having fake number plate No. DL5C A3195, will come in the area of Pashcim Vihar and Punjabi Bagh to commit robbery and dacoity in the kothies and will rob rich businessman on Rohtak Road and will assemble at Maharaja Surajmal Stadium at about 7.30 p.m., where they will finalize about the planning of dacoity.
It is further mentioned in the rukka that SI Dilip Kaushik conveyed this information to Inspector Hoshiyar Singh and ACP/Operation Cell Sh. Satender Nath, who directed him to take immediate action. Accordingly, secret information was reduced into writing vide DD No. 8 in roznamcha register of Special Staff. Raiding party was prepared according to the instructions of ACP/Operation consisting of SI Dilip Kaushik, ASI Vijay Singh, ASI Nahar Singh, ASI Shiv Kumar, HC Ramesh Lakra, HC Murlidhar, Constable Vipin, Constable Sayeed, Ct Parvesh, Constable Sanjay, Ct Roshan, Ct Rawel Singh, Ct Vikram Singh, Ct Narender and Constable Suresh,headed by Inspector Hoshiar Singh of Special Staff, West District. In the raiding party, SI Dalip Kaushik, HC Ramesh Lakra, Ct Sayeed and ASI Shiv Kumar were in uniform. One bullet proof jacket and one SAF was provided to Constable Sayeed. Inspector Hoshiar Singh briefed the secret information to the members of the raiding party. Accordingly, at about 6.30 p.m., the raiding party left the office of Special Staff in four private Maruti cars of white colour, vide DD No. 9 after obtaining arms and reached at DTC Depot Nangoli, as was already fixed, at about 6.50 p.m., where secret informer met with SI Dilip Kaushik and told that gang of SC No. 145/1 12/30 robbers will collect at a place already fixed i.e. near Maharaja Surajmal Stadium main gate, in a park and will plan to commit some crime and according to further information of the secret informer, the said gang will rob cash from petrol pump situated at Nangloi Chowk and will commit dacoity in the house of Aggarwal Property Dealer, behind the petrol pump.
On receiving information, the same was conveyed by SI Dalip Kaushik and Inspector to members of the raiding party and then, SI Dalip Kaushik alongwith Inspector asked 810 public persons to join the raiding party, but on hearing about the robbers and their weapons, they left without disclosing their names and addresses. So, without wasting further time, SI Dalip Kaushik alongwith staff, Inspector and secret informer, at about 7.00 p.m. reached at Maharaja Surajmal Stadium, Rohtak Road. The already formed four raiding parties were deployed nearby the stadium. Team A was comprising of Inspector H.S. Yadav, SI Dalip Kaushik, Constable Vipin and Constable Sayeed. They positioned themselves in the west corner of the stadium towards Nangloi side. Team B comprising of ASI Nahar Singh, HC Murlidhar, Ct Roshan and Constable Vikram positioned themselves in the east side of the stadium towards Nangloi depot, at a distance of 50 yards from from the main gate. Team C comprising of ASI Vijay Singh, HC Ramesh Lakra and Constable Rawel Singh was positioned inside the stadium. ASI Vijay Singh was deployed to hear the conversation of the robbers. Team D comprising of ASI Shiv Kumar, Ct Pravesh and Ct Sanjay was positioned in front of main gate of stadium, near Radio Sanchar Kendra, after parking their vehicle. Constable Narender was asked to remain with the vehicle of team B. Constable Suresh was asked to remain with the vehicle of SI Dalip Kaushik as driver. All the raiding parties were asked to conceal themselves and they started waiting for coming of the members of the gang.
At about 7.25 p.m., one Icon kar of golden colour came from the side of Nangloi and after slowing down, it stopped after taking Uturn on the service road, Maharaja Surajmal Stadium facing towards Nangloi. Four boys came out of the car SC No. 145/1 13/30 and sat on a takhat, having tripal on the main gate. The secret informer told to SI Dalip Kaushik that those were the members of the gang. SI Dalip Kaushik alerted all the raiding parties and Constable Pravesh, while strolling near SI Dalip Kaushik told that Icon car was having number plate of DL5CA3195.
At about 7.40 p.m., one black colour Pulsar motorcycle came from the side of Nangloi Depot, on which, two young boys were riding, and stopped near the Icon car. These two boys started talking with those four persons, who were already present there. ASI Vijay Singh was deployed to hear the conversation of the robbers, while going towards the wall of the stadium at about 7.45 p.m. He heard the conversation of the robbers and came back at about 7.55 p.m. and told to SI Dalip Kaushik and Inspector H.S. Yadav that those persons were robbers and were calling each other with the name of Raja, Bittu, Ajay, Bed, Sukhbir, Rinku etc. and the head of the gang was Raja, who was asking the gang members to rob the petrol pump at Nangloi Chowk , where lacs of rupees in cash collects and one Bitto was saying that if anyone will resist, then they will not hesitate in making fire. After saying this, both of them had shown their pistols to the remaining gang members and told that pistols were loaded. One Ajay was saying that they will commit dacoity in a house, backside petrol pump, belonging to one property dealer, which he had inspected in the daytime with Bed and they were hoping to rob lots of money and other articles and that both of them, after threatening the house occupants with kattas, will occupy the house and were saying to Raja, Bittu, Rinku and Sukhbir that in case of necessity, they could have to use their knives. After this, they all agreed to commit these acts and started waiting for one more associate namely Neeraj and further were talking that Neeraj had given information about the petrol pump and it is not known why he became late.
According to instructions of Inspector H.S. Yadav, all the raiding parties started surrounding these persons. At about 8.00 p.m., one person came on motorcycle Suzuki of red colour from the side of Nangloi side and stopped near the SC No. 145/1 14/30 Icon car and while having the motorcycle in starting position, had talked with those persons and meanwhile, the raiding parties had surrounded all these persons. SI Dalip Kaushik gave warning by saying that they were from Delhi Police, so, those persons should surrender by putting down their weapons. Suddenly, the motorcyclist i.e. Neeraj fled away from there. The motorcycle was having number plate DL4S AC8025. The members of the gang without caring for the warning of the police took out their weapons and Rajpal @ Raja, leader of the gang, alongwith his other member Suresh Kumar @ Bittoo @ Raju took out their pistols, aiming towards the police, and asked other members to take out their weapons, on which, other two persons took out country made pistols and remaining other two took out their knives.
Rajpal @ Raja, while showing the pistol to the police party, asked to give way, otherwise he will make fire. All the robbers pointed out their weapons towards the police party. So to save the police party and to create fear in the mind of the robbers, Inspector H.S. Yadav made two fires in the air from his government pistol and gave warning to the robbers that if they will make any wrong act, then they will be killed, due to which, the robbers came under fear and while taking benefit of the situation, SI Dalip Kaushik apprehended accused Rajpal @ Raja with the help of Constable Vipin and Constable Sayeed. Accused Suresh @ Bitto was apprehended by ASI Vijay Singh with the help of Constable Pravesh. Accused Ajay Saini was apprehended by ASI Shiv Kumar, from whose possession, one .315 bore katta and three live cartridges were recovered. Accused Bera Singh @ Bed was apprehended byu ASI Nahar Singh with the help of Constable Roshan, from whose possession, one .315 bore katta and three live cartridges were recovered. Accused Sukhbir was apprehended by HC Ramesh with the help of Constable Rawel, from whose possession, one button actuated knife was recovered. Accused Rajeev @ Rinku was apprehended by HC Murlidhar with the help of Constable Vikram, from whose possession, one button actuated knife was recovered. One pistol and two live cartridges of .32 bore were recovered from accused Suresh @ Bittoo. All the SC No. 145/1 15/30 officials conducted proceedings regarding the recovery of weapons from these persons.
SI Dalip Kaushik prepared sketch of pistol and three live cartridges recovered from the possession of accused Rajpal @ Raja. Pistol was of .32 bore of black colour. These were sealed in a pullanda with the seal of DK. Seal after use was handed over to Constable Syeed. SI Dalip Kaushik made inquiries from these persons about Icon car and Pulsar motorcycle, on which, accused Rajpal and Bera told that car was snatched from Chandigarh about one month before having original no. DL1Z1326 and accused Ajay Saini and Rajpal told that motorcycle was snatched one month before Punjabi Bagh, having fake No. DL8SAB8900. On making inquiry, original number of the motorcycle was found DL04SAJ4537, already found involved in case FIR No. 460/03, u/s. 420/379/34 of IPC. Both the vehicles were taken into possession and SI Dalip Kaushik requested to register a case U/s. 399/402/411/506/34 of IPC and U/s. 25/27 of Arms Act.
PW4 HC Vipin has deposed the same facts before the Court as of rukka. In the cross examination, he has stated that information from Inspector Hoshiar Singh was received at about 5.00 p.m. in the office. Four teams were prepared. They left the office at about 6.30 p.m. in four private cars. These were arranged by Inspector Hoshiar Singh and SI Dalip Kaushik. They reached at the spot at about 7.00 p.m. He has further stated in the cross examination that boundary wall of the stadium was having 45 feet height. Inspector Hoshiar Singh had made signal to the members of the raiding party by raising his hand on his head. They left the spot finally at about 3/3.30 a.m. PW7 ASI Vijay Singh has also deposed the same facts as of rukka. He was also one of the members of the raiding party and was directed to hear the conversation. In the examination in chief, he has stated that he heard the conversation of the accused persons and disclosed the same to Inspector Hoshiar Singh, who gave preplanned signal and directed the members to conduct raid. SC No. 145/1 16/30
In the cross examination, PW7 has stated that they were standing at a distance of 30 meters from the accused party, but to hear the conversation, he came closer to the accused party. There was stadium wall in between him and the place, where car had come. SHO had alerted the raiding party at the time of arrival of car of the accused persons by putting his hand on his head. Four private Maruti cars were arranged.
Learned defence counsel has contended that according to the cross of PW4 HC Vipin, height of the boundary wall of the stadium was 45 feet, so, it was not possible for PW7 ASI Vijay Singh to hear the conversation of the accused persons without exposing himself to the accused persons, so, he has deposed falsely in this respect.
PW8 SI Dalip Kaushik, IO of the case, has also deposed the same facts as of rukka. According to his cross examination, they reached at DTC bus deport Nangloi at 6.50 p.m. Secret informer met them at about 6.50 p.m. They reached at Maharaja Surajmal Stadium at about 7.00 p.m. on foot after parking the vehicles at certain distance. There was no boundary wall in between the car and the place, where he alongwith his team was standing. At about 7.45 p.m., ASI Vijay Singh had reached near the boundary wall. Within 10 minutes, ASI Vijay Singh came back after hearing the conversation of the accused persons. Accused persons were challenged at about 8.00 p.m. He remained a the spot till 1.00 a.m. night and after recording of his statement by the IO, he left the spot. He had prepared the sketch of weapon and had prepared rukka. TATA 407 was arranged by the subsequent IO. There was streetlight at the spot.
PW12 Constable Syed Aziz has also deposed the same facts as of rukka. He did not support the case of the prosecution, so, he has been cross examined at lengh by Ld. APP, wherein he has deposed the facts, as suggested by ld. APP. In the cross examination, PW12 has sated that all the four teams left the PS in Maruti car at about 5.30 p.m. All the cars were private and were belonging to the police officials. SC No. 145/1 17/30 Secret informer met them at the spot.
Learned defence counsel has further contended that according to cross of PW8 SI Dalip Kaushik, they reached at DTC bus depot Nangloi at about 6.50 p.m. and secret informer met them, whereas according to PW12 Constable Syed Aziz, secret informer met them at the spot, so, witnesses cannot be relied upon about the secret information.
According to further cross of PW12 Constable Syed Aziz, writing work was done at the spot, while sitting at a patri. Their statements were recorded in the office. The writing work was done under the streetlight. Subsequent writing work was done by SI Rajpal Singh. They left the spot at about 3.30 a.m. morning. SI Rajpal had gone to deposit the case property in PS Nangloi after completion of writing work. Official matador was called to carry the accused persons. They had left their office at about 6.30 p.m. and reached at the spot at about 7.00 p.m. The light was available in front of the gate and also on the divider. Secret informer was with them and after pointing towards the accused, he left. Secret informer met them at 6.50 p.m. and left at about 8.00 p.m. Inspector Hoshiar Singh fired twice in the air. They remained at the spot till 2.30 a.m. night.
Learned defence counsel has further contended that according to PW8 SI Dalip Kaushik, he left the spot at about 1.00 a.m. night, whereas other witnesse have stated that they left the spot at about 3/3.30 a.m. or 2.30 a.m. night, so, it is not certain till what time police party remained at the spot, so, they cannot be relied upon.
According to further cross of PW12 Constable Syed Aziz, from the spot, accused Rajpal had taken them to the house of his brother in law and they had gone there through tempo traveler. 56 officials had accompanied the IO i.e. SI Rajpal Dabas, ASI Vijay Singh, HC Ramesh Lakra, Ct Vipin and he himself.
Learned defence counsel has further contended that according to cross of PW4 Constable Vipin, they left the spot at about 3 or 3.30 a.m. night and he has nowhere deposed that after arrest, case property was deposited in the malkhana of PS SC No. 145/1 18/30 Nangloi and accused persons were brought at the office of Special Staff, where they were again interrogated and their disclosure statements were recorded, so, there is contradiction about the fact as to whether accused Rajpal had taken the police party to the house of his brother in law and firstly, they reached at the office of Special Staff and from there, they again left for further investigation.
PW21 ACP Hoshiar Singh has deposed the same facts as of rukka. In the examination in chief, he has stated that on hearing the talks of ASI Vijay Singh, he asked the members of the raiding party to conduct raid and to apprehend those boys. He has nowhere stated that he made a signal to the raiding party by putting his hand on his head. In the cross examination, he has stated that electric light was available near the main gate of the stadium. Secret informer met them near depot. There was only one main gate of the stadium. He gave signal by his hand to the remaining raiding party to conduct raid. He made fire in the air and at that time announced that they were from Delhi Police, so, those boys should surrender. Writing work was done by SI Dalip Kaushik near the gate. It was completed within 23 hours and he remained present there. He alongwith SI Dalip Kaushik was in a jeep alongwith 45 members.
Learned defence counsel has further contended that according to the depositons of other witnesses of raiding party, police officials had reached at the spot in four private Maruti cars, whereas now, PW21 ACP Hoshiar Singh has deposed that they were in the jeep, so, the contradictions appearing in the depositions of the witnesses are material, so, they cannot be relied upon.
According to PW22 Inspector Rajpal Dabas, second IO, he reached at the spot at about 10 p.m. Height of the boundary wall of the stadium was five feet. Colour of Icon car was grey and colour of Pulsar motorcycle was black. Learned defence counsel has fuirther contended that according to the depositions of other witnesses, the colour of Icon car was golden, so, this contradiction is material.
PW22 has further stated in the cross examination that Constable Vipin SC No. 145/1 19/30 left the spot with rukka at about 10 p.m. and came back with copy of FIR and rukka at about 12 night, whereas PW4 Ct Vipin has stated that he came back to the spot at about 11 p.m., so, both have not corroborated in this respect.
PW22 has further stated in the cross examination that after arrest, accused persons were taken to PS Nangloi. He deposited the case property in PS Nangloi at about 3 or 3.30 a.m. night. They had reached at the house of brother in law of accused Rajpal at about 9.00 a.m., whereas according to cross examination of other witnesses, from the spot, they had gone to the house of brother in law of accused Rajpal, so, witnesses have not corroborated each other in any manner.
According to rukka, while the accused persons were talking with each other, the members of the raiding party surrounded the accused persons and SI Dalip Kaushik warned the accused persons about their presence from Delhi Police and asked them to surrender after putting down their weapons, whereas according to the cross of the witnesses, Inspector Hoshiar Singh had made signal by putting his hand on his head to the members of the raiding party and he also announced that they were from Delhi Police, so, accused persons should surrender, hence, this contradiction is also material rendering the witnesses unreliable.
In case FIR No. 498/03, from the raiding party, PW4 ASI Nahar Singh has been examined alongwith PW6 Constable Roshan Lal. According to examination in chief of PW4 ASI Nahar Singh, after receiving signal from Inspector Hoshiar Singh, who lighted the torch towards the sky twice. SI Dalip Kaushik challenged the accused persons disclosing them that they were from Delhi Police and asked them to surrender. So, now, it is also not known whether signal was given by lighting the torch or by putting hand on his head by Inspector Hoshiar Singh or no signal was given at all.
In case FIR No. 499/03, PW5 Constable Sanjay and PW6 ASI Shiv Kumar have been examined from the raiding party. PW5 Constable Sanjay has stated in the cross examination that he cannot say whether it was totally dark or natural light SC No. 145/1 20/30 was there. After leaving the spot, accused were brought to the office of Special Staff at around 3.00 a.m. midnight. He remained at the spot from 7.00 p.m. till 3.00 a.m. The procedings were recorded under streetlight on the roadside. In their case, proceedings were done by using the bonnet of the car as desktop. He reached at PS Nangloi from the spot in a bus. One TATA 407 was also summoned at the spot. Accused were taken in the same. All the accused and almost members of the police party were also in TATA 407. They remained at PS Nangloi for about 35 minutes. According to cross of other witnesses, they left the spot at about 3 or 3.30 a.m. night, whereas according to cross of PW5 constable Sanjay, the accused persons were brought to the office of Special Staff at about 3.00 a.m. night, so, it is not known whether they left the spot at 3 or 3.30 a.m. or reached at the office of Special Staff at 3 or 3.30 a.m. night.
In case FIR No. 495/03, from the raiding party, PW3 ASI Vijay Singh and PW7 Constable Pervez have been examined. In the cross examination, PW3 and PW7 have stated that height of the stadium wall was upto chest, may be about 1½ meter, which is contradictory to the evidence of other witnesses, who have stated that height of the boundary wall was about 5 feet. In this case, PW3 ASI Vijay Singh has stated that SHO had alerted the police party by putting his hand on his head, which is contradictory to the evidence of other witnesses. It is also doubtful as to what was the height of the wall of the stadium and whether ASI Vijay Singh, who was asked to hear the conversation of the accused persons could be able to hear the conversation actually.
In case FIR No. 496/03, from the raiding party, PW3 HC Ramesh and PW4 HC Sunder Singh have been examined. PW3 HC Ramesh has also stated that height of the wall was about 4 or 5 feet. He remained at the spot till 2.00 a.m. night. He was already having knowledge that vehicles were stolen from some area. Learned defence counsel has further contended that this shows that vehicles have been planted upon the accused persons. It is further contended that no one has been able to depose SC No. 145/1 21/30 from the raiding party as to how the Ford Icon car and Pulsar motorcycle were taken to PS Nangloi. It is also not deposed by any of the witness that keys of the car and the motorcycle were recovered from the possession of any of the accused or that the vehicles were taken to PS by driving the same or with the help of any crane.
According to PW4 HC Sunder Singh, on receipt of information from the duty officer, he reached at the spot at about 10 p.m. by government vehicle TATA
407. They were six in number. They remained at the spot till 2.15 a.m. On that day, while leaving the spot, they all the six police officials alongwith all the accused went to PS Nangloi in TAA 407 and few private cars also followed them upto PS Nangloi. Learned defence counsel has further contended that none of the witness has deposed in the main case to the extent that six more police officials were called in TATA 407. They have also not deposed that these six police officials left the spot in TATA 407 with accused persons, so, the depositions of the witnesses seems to be doubtful.
Learned defence counsel has further contended that according to site plan Ex.PW22/A, in front of Maharaja Surajmal Stadium, teams were posted at points A, B i.e. left and right, C i.e. inside the stadium, D i.e. outside the stadium, across the road. At point E, accused persons had collected and from their possession, weapons were recovered, which shows that point E was outside the stadium of the gate of the stadium. Icon car and Pulsar motorcycle were found at F and G points, which are also outside the stadium and from point H, accused Neeraj fled away on the motorcycle. Learned defence counsel has further contended that if team C was inside the stadium comprising ASI Vijay Singh, who was directed to hear the conversation of the accused persons behind the wall, then how he conveyed the conversation of the accused persons to other teams i.e. A, B and D, which were posted outside the stadium and if the height of the boundary wall was about 45 feet, then team C could not have been able to see the signal made by Inspector Hoshiar Singh by putting his hand on his head nor ASI Vijay Singh could have been able to communicate with Inspector Hoshiar Singh as he was inside the stadium and Inspector Hoshiar Singh SC No. 145/1 22/30 was outside the stadium.
Learned defence counsel has further contended that no source of light has been shown in the site plan, where allegedly writing work was done.
In view of above, as the witnesses have not corroborated each other on any material aspect, so, they cannot be relied upon regarding the arrest of the accused persons from the date, time and place, as deposed by them and further that, the car and motorcycle were recovered. The contentions of learned defence counsels/learned amicus curiae are forceful in this respect. Accordingly, prosecution has been failed to prove offences u/s. 399/402 of IPC against all the accused persons i.e. Rajpal @ Raja, Sukhbir, Suresh @ Bittoo, Bera Singh @ Bed and Ajay Kumar Saini beyond reasonable doubts, for which, they are acquitted.
In view of above finding as the arrest of the accused persons from the place, date and time, as deposed by the witnesses, has been disbelieved in view of the contradictions appeared in the depositions of the witnesses, consequently, the prosecution has not been able to prove the fact that the weapon was recovered from the possession of accused Rajpal @ Raja beyond reasonable doubts, so, accused Rajpal @ Raja is also acquitted for offence u/s. 27 of Arms Act. Finding qua offences u/s. 471/34 of IPC and u/s. 411/34 of IPC against accused Rajpal, Suresh, Ajay Kumar Saini and Bera Singh in case FIR No. 494/03:
According to the case of the prosecution, Ford Icon car was having fake number plate bearing No. DL5CA3195. In this respect, PW2 Anil Kumar has stated that on 30/05/2003, he was working as driver with Kanika Travels and was driver of vehicle No. DL1Z1326 Ford Icon, which was stolen from Chandigarh. He was driver of the same. He lodged FIR u/s. 423/328 of IPC in PS Sector17, Chandigarh, copy of which is Ex. PW2/A. Two number plates have been produced bearing No. DL5CA3195, which allegedly were found affixed on the Ford Icon car, in the cross examination of PW4 Constable Vipin, who has identified the same as SC No. 145/1 23/30 Ex. P5 and Ex. P6.
PW14 Babu Lal, dealing Clerk, Transport Authority, Loni Road, Delhi, has produced the record of vehicle No. DL5CA3195 i.e. forged number plates, according to which, earlier this vehicle was registered in the name of Kishan Kumar and later on, it was transferred in the name of Mukesh Sharma, resident of A49, Pandav Nagar, New Delhi.
PW20 retired SI Gurbin Singh has stated that on 31/05/2003, he was posted as ASI at PP Sector22, of PS Central Police Station, Chandigarh. On that day, case FIR No. 242/03 was registered u/s. 420/328/379 of IPC. He was IO of the case. In that case, one Ford Icon car No. DL1Z1326 was stolen and on 28/06/2003, he received information from ASI Rajpal Dabas of Special Staff, Delhi Police, about recovery of this car. He thereafter moved application for taking possession of the said car. He came to Delhi and got transferred the same to Chandigarh. He has identified the Ford Icon car with photographs as Ex. P13 and Ex. P14.
PW11 Kanhaiya Lal has stated that he is the partner of M/s. Kanika Travels. Icon car No. DL1Z1326 is in the name of Kanika Travels. PW2 Anil was his driver on 30/05/2003, who took this car to Chandigarh, from where, it was stolen and FIR was registered. After the recovery of the car, it was released to them.
According to one photograph placed on record, on the backside of the Ford Icon car, it is showing no. DL3TC0262. Learned defence counsel has contended that five photographs have been filed with the charge sheet, out of which, four are of motorcycle and one is of Ford Icon car. It is further contended that later on, superdar had also produced the photographs of Ford Icon car and both numbers are not tallying with each other in any manner, which shows that the fake number plates have been planted upon the accused persons and the Ford Icon car, which might have been seized in this case, is not the car, which has been produced before the Court, having original No. DL1Z1326.
Learned defence counsel has further contended that both engine number SC No. 145/1 24/30 and chasis number are tallying with the photographs produced by the superdar and mentioned in the seizure memo, but the accused persons have been apprehended in this case on 26/06/2003, whereas according to PW20 SI Gurbin Singh, the Ford Icon car was stolen on 31/05/2003 and according to the cross examination of the witnesses, theft of the said car was within their knowledge. Learned defence counsel has further contended that photograph, which has been placed on record and was taken at the time of alleged recovery, is showing some other number, which is not tallying with Ford Icon car produced before the Court, so, the whole of the story about recovery of the fake number plates on Ford Icon car is cooked up, so, prosecution has not been able to prove offence u/s. 471/34 of IPC or u/s. 411/34 of IPC.
In view of above, as the witnesses have not corroborated each other on any material aspect, so, they cannot be relied upon regarding the arrest of the accused persons from the date, time and place, as deposed by them and further that, the car and motorcycle were recovered. The contentions of learned defence counsels/learned amicus curiae are forceful in this respect. Accordingly, prosecution has been failed to prove offences u/s. 471/34 of IPC and u/s. 411/34 of IPC against accused Rajpal, Suresh, Ajay Kumar Saini and Bera Singh beyond reasonable doubts, for which, they are acquitted.
Finding qua offence u/s. 471 of IPC against accused Ajay Kumar Saini in case FIR No. 494/03:
According to the case of the prosecution, at the time of arrest of accused Ajay Kumar Saini, one identity card of Delhi Traffic Police on Duty H.G. was recovered. Report of the same was obtained by SI Rajpal Dabas from the Indian Home Guard HQ, Rajouri Garden, Delhi. One Sant Kumar Tanwar, JSO, Home Guard has given his report on 04/07/2003 that card had not been issued by Home Guard Directorate General. This Sant Kumar Tanwar has been examined as PW9, SC No. 145/1 25/30 who has deposed that on 04/07/2003, he was posted at HQ, Raja Garden. One police official had shown him one I/card of Ajay Saini, bearing No. 2268. After seeing the card, he had verified the record. Such type of card was never issued and prepared from their office and no person by the name of Ajay Kumar Saini was holder of I/card No. 2268 as per their record. He has proved his report as Ex. PW9/A and the card shown to him as Ex. PW9/B. Learned defence counsel has contended that said card was recovered from the possession of accused Ajay Kumar Saini, as alleged, in his personal search, so, it cannot be said that he had used the same in any manner, which was allegedly forged and fabricated beside the fact that no such card was recovered from the possession of accused Ajay Kumar Saini and prosecution has not been able to prove beyond reasonable doubts that card was recovered from accused Ajay Kumar Saini.
According to the case of the prosecution, one RC of vehicle No. DL4SAC8025 was also recovered from the personal search of accused Ajay Kumar Saini. It was witnessed by Constable Vipin and Constable Syeed. Constable Vipin has neither deposed about the recovery of RC nor has identified the photocopy of the same before the Court. Constable Syeed has stated that he does not remember if copy of RC of Vehicle No. DL4SAC8025, in the name of Ms. Mukesh Saini was also recovered from the possession of accused Ajay Kumar Saini. Constable Syeed has also not identified the photocopy of RC before the Court. PW22 Inspector Rajpal Dabas has stated that photocopy of RC was also recovered from the possession of accused Ajay Kumar Saini, which is Ex. PW22/B. According to PW13 Lalit Kumar, Clerk from Transport Authority, Janakpuri, Delhi, motorcycle No. DL4SAC8025 was initially registered in the name of Joginder Singh Sehrawat, r/o Hiran Kunda, PO Tikri Kalan, New Delhi. Later on, this vehicle was transferred in the name of one Devender Singh, r/o Village Hiran Kunda, P.O. Tikri Kalan, New Delhi, on 16/12/2003. Copy of the relevant record is Ex. PW13/A. Learned defence counsel has further contended that firstly, photocopy of SC No. 145/1 26/30 RC has been recovered. Secondly, it has not been used by accused Ajay Kumar Saini in any manner. Thirdly, witnesses have not corroborated each other regarding recovery of photocopy of RC from the possession of accused Ajay, so, witnesses are not inspiring any confidence in this respect, hence, cannot be relied upon.
In view of above, as the witnesses have not corroborated each other on any material aspect, so, they cannot be relied upon regarding the arrest of the accused persons from the date, time and place, as deposed by them and further that, the car and motorcycle were recovered. The contentions of learned defence counsels/learned amicus curiae are forceful in this respect. Accordingly, prosecution has been failed to prove offences u/s. 471 of IPC against accused Ajay Kumar Saini beyond reasonable doubts, for which, he is acquitted.
Finding qua offences u/s. 471/34 of IPC and u/s. 411/34 of IPC against accused Sukhbir in case FIR No. 494/03:
According to the case of the prosecution, on 26/06/2003, accused Sukhbir Singh and accused Rajiv @ Rinku (since P.O.) were found possessing number plate on the motorcycle, having forged no. DL8SAB8900, actual number of which was DL4SAJ5437, stolen property. According to PW3 Jai Narayan, vehicle No. DL4SAJ5437 was registered in the name of his sister in law. It was stolen from the area of Punjabi Bagh. He lodged FIR Ex. PW3/A in this regard.
According to the examination of PW4 Constable Vipin, Pulsar motorcycle No. DL8SAB8900 has already been transferred in case FIR No. 460/03, PS Punjabi Bagh. Fake number plates of Ford Icon car were produced and have been identified as Ex. P5 and Ex. P6, but fake number plates of pulsar motorcycle have not been produced for identification by PW4.
Four photographs have been placed on record of motorcycle from front and back. Two are showing No. DL8SAB8900 and other two are showing No. DL4SAC8026. Both these number plates, allegedly recovered from accused Sukhbir and Rajeev @ Rinku (since P.O.), have not been produced before the Court SC No. 145/1 27/30 during the examination of the witnesses for identification. PW10 ASI Vikramjit has proved the copy of FIR Ex. PW3/A regarding theft of motorcycle, while he was working as duty officer on 19/06/2003.
PW17 Jaipal, Record Attendant, Ashok Vihar Authority, Delhi, has produced the record of TVS motorcycle No. DL8SAB8900. It was in the name of Shahana, d/o Muslim Khan. Photocopy of RC is Ex. PW17/A. In view of above, as the witnesses have not corroborated each other on any material aspect, so, they cannot be relied upon regarding the arrest of the accused persons from the date, time and place, as deposed by them and further that, the car and motorcycle were recovered. The contentions of learned defence counsels/learned amicus curiae are forceful in this respect. Accordingly, prosecution has been failed to prove offences u/s. 471/34 of IPC and u/s. 411/34 of IPC against accused Sukhbir beyond reasonable doubts, for which, he is acquitted. Finding qua offence u/s. 27 of Arms Act against accused Suresh @ Bittoo in case FIR No. 495/03:
In view of above finding as the arrest of the accused persons from the place, date and time, as deposed by the witnesses, has been disbelieved in view of the contradictions appeared in the depositions of the witnesses, consequently, the prosecution has not been able to prove the fact that the weapon was recovered from the possession of accused Suresh @ Bitto beyond reasonable doubts, so, accused Suresh @ Bittoo is acquitted for the offence u/s. 27 of Arms Act. Finding qua offence u/s. 27 of Arms Act against accused Sukhbir Singh in case FIR No. 496/03:
In view of above finding as the arrest of the accused persons from the place, date and time, as deposed by the witnesses, has been disbelieved in view of the contradictions appeared in the depositions of the witnesses, consequently, the prosecution has not been able to prove the fact that the weapon was recovered from SC No. 145/1 28/30 the possession of accused Sukhbir Singh beyond reasonable doubts, so, accused Sukhbir Singh is acquitted for the offence u/s. 27 of Arms Act. Finding qua offence u/s. 27 of Arms Act against accused Bera Singh @ Bed in case FIR No. 498/03:
In view of above finding as the arrest of the accused persons from the place, date and time, as deposed by the witnesses, has been disbelieved in view of the contradictions appeared in the depositions of the witnesses, consequently, the prosecution has not been able to prove the fact that the weapon was recovered from the possession of accused Bera Singh @ Bed beyond reasonable doubts, so, accused Bera Singh @ Bed is acquitted for the offence u/s. 27 of Arms Act. Finding qua offence u/s. 27 of Arms Act against accused Ajay Kumar Saini in case FIR No. 499/03:
In view of above finding as the arrest of the accused persons from the place, date and time, as deposed by the witnesses, has been disbelieved in view of the contradictions appeared in the depositions of the witnesses, consequently, the prosecution has not been able to prove the fact that the weapon was recovered from the possession of accused Ajay Kumar Saini beyond reasonable doubts, so, accused Ajay Kumar Saini is acquitted for the offence u/s. 27 of Arms Act. Finding qua offences u/s. 471/34 of IPC and u/s. 411/34 of IPC against accused Rajiv @ Rinku (since P.O.) in case FIR No. 494/03:
Accused Rajiv @ Rinku is proclaimed offender.
Finding qua offences u/s. 471 and u/s. 411 of IPC against accused Neeraj (since P.O.) in case FIR No. 494/03:
Accused Neeraj is proclaimed offender.
SC No. 145/1 29/30 Finding qua offence u/s. 27 of Arms Act against accused Rajeev @ Rinku in case FIR No. 497/03:
Accused Rajiv @ Rinku is proclaimed offender.
Announced in the open court (Virender Kumar Goyal)
today on 11th of October, 2013 Additional Sessions Judge
Fast Track Court, Rohini Courts,Delhi.
SC No. 145/1 30/30