Delhi District Court
State vs Badal @ Nanhe Gopal & Ors on 16 April, 2012
1
IN THE COURT OF SHRI M.K.NAGPAL
ASJ/SPECIAL JUDGE-NDPS/SOUTH & SOUTH-EAST
SAKET COURT COMPLEX, NEW DELHI
State Versus Badal @ Nanhe Gopal & Ors
1. Badal @ Nanhe Gopal
S/o Sh. Suraj Kar,
R/o C.P.O.-214, Madangir,
New Delhi
(Already pleaded guilty
and convicted)
2. Anil Kumar @ Kunwarpal
S/o Sh Shiv Charan
R/o F-188 JJ Colony
Tigri, Sangam Vihar
New Delhi.
(Already pleaded guilty
and convicted)
3. Vijay Kumar @
Vijay Pal
S/o Sh Rohtash
R/o F-511, JJ Camp, Tigri
Sangam Vihar, New Delhi.
(Already pleaded guilty
and convicted)
4. Rakesh @ Satish
S/o Sh Vinod Kumar
R/o C-1/36/5 Raja Puri
Uttam Nagar, New Delhi.
(Already pleaded guilty
and convicted)
5. Sonu @ Bilota @
Mangal Singh
S/o Sh Rajbir
R/o G-187 JJ Camp, Tigri,
New Delhi.
SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.
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SC No. : 04/11
FIR No. : 241/07
U/S : 399/402 IPC & 25 Arms Act
PS : Defence Colony
ORDER ON SENTENCE
After the accused has been convicted by this court
for the offences punishable U/S 399/402 IPC and 25 of the
Arms Act vide judgment of this court of even date,
arguments have also been heard today on the point of
sentence as advanced by Sh R.K. Gurjar, Ld Additional PP for
the State and Sh S.K.Saxena, Ld Amicus Curiae for the
convict as well as the convict in person.
2. The accused has himself come up with a plea of his
guilt and had interfered in the proceedings in the midst of
the trial though only one witness was still examined by the
prosecution on record. He has also stated in his statement
recorded in the court today U/S 313 Cr.P.C that he had
thought about his acts and deeds in the jail and he wants to
reform himself.
3. On perusal of the case file it is found that the
accused had spent about one and half months in custody as he
had remained in JC for the periods w.e.f 16.05.2007 to
14.06.2007 and 11.05.2011 to 26.05.2011. He is a young man
of about 23 years of age and is still unmarried and has yet
to lead his life. Hence, he is being sentenced to the period
SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.
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of imprisonment already undergone by him for all the
abovesaid offences and and also to pay a fine of Rs 500/-
each for each of the above three offences, i.e Rs 1500/- in
total. In case of non payment of the fine the convict shall
also undergo simple imprisonment for a period of 2 days each
for each of the above three offences. Fine has not been
paid by the convict.
4. A copy of the judgment and the order on sentence be
supplied to convict free of cost.
Announced in the open
court on 16.04.2012 (M.K.NAGPAL)
ASJ/Spl. Judge, NDPS
South & South East District
Saket Court Complex
New Delhi
SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.
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IN THE COURT OF SHRI M.K.NAGPAL
ASJ/SPECIAL JUDGE-NDPS/SOUTH & SOUTH-EAST
SAKET COURT COMPLEX, NEW DELHI
State Versus Badal @ Nanhe Gopal & Ors
1. Badal @ Nanhe Gopal
S/o Sh. Suraj Kar,
R/o C.P.O.-214, Madangir,
New Delhi
(Already pleaded guilty
and convicted)
2. Anil Kumar @ Kunwarpal
S/o Sh Shiv Charan
R/o F-188 JJ Colony
Tigri, Sangam Vihar
New Delhi.
(Already pleaded guilty
and convicted)
3. Vijay Kumar @
Vijay Pal
S/o Sh Rohtash
R/o F-511, JJ Camp, Tigri
Sangam Vihar, New Delhi.
(Already pleaded guilty
and convicted)
4. Rakesh @ Satish
S/o Sh Vinod Kumar
R/o C-1/36/5 Raja Puri
Uttam Nagar, New Delhi.
(Already pleaded guilty
and convicted)
5. Sonu @ Bilota @
Mangal Singh
S/o Sh Rajbir
R/o G-187 JJ Camp, Tigri,
New Delhi.
SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.
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SC No. : 04/11
FIR No. : 241/07
U/S : 399/402 IPC & 25 Arms Act
PS : Defence Colony
Date of institution : 08.08.2011
Date of reserving judgment : 16.04.2012
Date of pronouncement : 16.04.2012
J U D G M E N T
All the above accused persons were sent to face trial by SHO PS Defence Colony for the offences punishable U/Ss 399/402 IPC & 25 Arms Act on allegations that on 15.04.2007 at about 8.20 PM at the bus stop opposite Kamla Nehru College, within the jurisdiction of PS Defence Colony, they all were apprehended when they were found making planning for committing a dacoity and after making preparations for committing the same and further that they all were one of the five members who had assembled there for the purposes of committing of a dacoity. It is also alleged that the accused Vijay Kumar @ Vijay Pal, Anil Kumar @ Kunwar Pal and Sonu @ Bilota @ Mangal Singh were also found to be in possession of a button actuated knife each, in contravention and violation of the provisions of the Arms Act.
2. The prosecution story, in brief, is that on 15.05.2007 the IO/SI Atul Sood was present in PP Gul Mohar Park, PS Defence Colony when at about 7.30 PM a secret informer had informed him that some pick pocketer, who are SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.
6having intentions to loot a bus plying on route no. 544 between Sarojini Nagar to Badarpur Border, are to assemble at the bus stop near Kamla Nehru College after sometime. The above information was recorded in the DD register and the IO/SI Atul Sood had constituted a raiding team of the police officials, to be lead by him and had reached at the spot of information, alongwith the secret informer.
3. It is alleged in the chargesheet that after reaching at the spot some passersby were requested by the IO/SI Atul Sood for joining the raiding team and when none of them had agreed, the members of the raiding team as well as the secret informer had taken their respective positions around the spot at about 8.15 PM, as per the instructions of the IO/SI Atul Sood. At about 8.20 PM the accused persons were spotted while coming on foot from the side of Siri Fort Auditorium and they had stopped at the bus stop opposite the Kamla Nehru College and were pointed out by the secret informer to be the same persons about whom the above information pertained.
4. The accused persons had started talking with each other and Ct. Krishan Pal, who was deployed by the IO as a shadow witness to hear the conversation of the accused persons, had given a pre-fixed signal to IO/SI Atul Sood after hearing the conversation of the accused persons and thereafter all the accused persons were apprehended at the spot by different members of the raiding team. The accused SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.
7Vijay Kumar @ Vijay Pal, Anil Kumar @ Kunwar Pal and Sonu @ Bilota @ Mangal Singh were also found to be in possession of an illegal button actuated knife each. The IO/SI Atul Sood had prepared the sketches of the abovesaid knives and had also prepared the cloth pullandas of the above knives and had sealed them with the seal of AS and had taken them into possession vide separate memos. The above Ct. Krishan Pal in his statement had told the IO/SI Atul Sood about the conversation between the accused persons had also confirmed their preparations and planning to loot a bus plying on the above route.
5. It is also alleged in the chargesheet that thereafter a rukka was sent by the IO/SI Atul Sood to the PS for registration of the case and further investigation in the matter was done by second IO/SI S.S.Bisht, who had reached at the spot, prepared a site plan, arrested the accused persons and conducted their personal search etc. and had also subsequently prepared the chargesheet for filing in the court, after recording the statements of the witnesses and completion of the other formalities.
6. The chargesheet was filed in the court of the concerned Ld MM on 13.07.2007 and cognizance of the offences was taken on the same day. However, due to the absence of one or the other accused in the proceedings conducted before the Ld MM, the matter could not be committed for trial at an earlier stage as the accused Rakesh @ Satish was declared a SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.
8' Proclaimed Offender' on 20.05.2011 and the accused Anil Kumar @ Kunwar Pal and Vijay Kumar @ Vijay Pal, were also declared ' P roclaimed Offenders' on 06.07.2011. However, subsequently all the above three accused persons were arrested in some other proceedings and were produced before the Ld MM concerned on production warrants and the proceedings against them in this case had re-started and the matter was committed to Sessions Court vide order dated 06.08.2011 of the Ld MM, after completion of the formalities of Section 207 Cr.P.C.
7. A prima facie case for the offences punishable U/S 399/402 IPC was found to be made out against all the accused persons and a case U/S 25 of the Arms Act was also found to be made out against the accused Vijay Kumar @ Vijay Pal, Anil Kumar @ Kunwar Pal and Sonu @ Bilota @ Mangal Singh, in respect of the above button actuated knives recovered from them, vide order dated 25.08.2011 of this court and charges for the abovesaid offences were also framed against them separately on the same day. All the accused persons had pleaded not guilty to the above charges and had claimed trial.
8. After the framing of the charges, the accused Anil Kumar @ Kunwar Pal, Vijay Kumar @ Vijay Pal, Rakesh @ Satish had moved an application for pleading guilty in the matter before even a single witness was examined on record. They all were convicted and sentenced vide judgment and order SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.
9dated 30.11.2011. The matter was adjourned for recording of the prosecution evidence, but even before the recording of any witness, the accused Badal @ Nanhe Gopal had also come up with a plea of guilt in the matter and he was also convicted and sentenced vide judgment and order of this court dated 16.02.2012.
9. Thereafter, the prosecution had examined on record only one witness so far, i.e. HC Chanderbir, as PW1 and he was a member of the raiding team of the police which had apprehended all the accused persons on the basis of the above secret information.
10. However, when the matter was fixed for remaining prosecution evidence for today and even one witness namely Ct. Krishan Pal was present for his examination, the accused had come up with a plea of guilt and on thorough examination of the accused his above plea of guilt has been found to be made voluntarily and is not the result of any pressure, coercion or undue influence etc. Hence, the examination of the above witness as well as of the remaining prosecution evidence was dispensed with in this case and a statement of the accused U/S 313 Cr.P.C was recorded by the court. Even in his above statement, the accused had admitted his presence at the spot and also his apprehension by the police and his being found in possession of an illegal knife at the relevant time of his apprehension. He has not chosen to lead any evidence in his defence.
SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.
1011. I have heard the arguments as advanced by Sh R.K.Gurjar, Ld Additional PP for the State and Sh S.K. Saxena, Ld Amicus Curiae for the accused. Though at the initial stage of framing of the charges the above accused had not chosen to plead guilty to the charges framed against him, but perhaps after the examination of PW1 HC Chanderbir he was afraid of the quality of the prosecution evidence adduced on record against him and also the remaining evidence which was to come on record in the due course. Further, his detention in Tihar Jail might have also forced him to consider his acts and deeds and perhaps his above plea of guilt has also been orientated by his urge of reforming himself into a good citizen of the country and good member of the society.
12. Even otherwise, PW1 HC Chanderbir has deposed in detail regarding the manner in which the accused persons, including the accused Sonu @ Bilota @ Mangal Singh, were apprehended by them while they all were busy in making planning for the commission of a dacoity in a bus plying on route number 544. He has also specifically deposed that a knife was recovered from the possession of the above accused Sonu @ Bilota at the time of his apprehension, besides a knife each recovered from the possession of other two accused Kanwar Pal and Vijay Pal (since already convicted).
13. Though PW1 was cross examined at length by Ld Amicus Curiae for the accused, but during his such cross SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.
11examination nothing material could be extracted out from him which could have made the story of the prosecution or his depositions to be doubtful. The depositions made by this witness are found to be trustworthy and inspiring confidence and there is no just reason or ground to disbelieve or discard the same. Even otherwise, the accused in his application for pleading guilty in the matter and also during the recording of his statement U/S 313 Cr.P.C has specifically admitted his guilt and has not challenged the case of the prosecution.
14. Therefore, in view of the above, it is held that the prosecution has established its charges against the accused for the offences punishable U/S 399/402 IPC and also for the offence punishable U/S 25 of the Arms Act. The accused is also accordingly convicted for the abovesaid offences. Let he be now heard on the quantum of sentence.
Announced in the open
court on 16.04.2012 (M.K.NAGPAL)
ASJ/Spl. Judge, NDPS
South & South East District
Saket Court Complex
New Delhi
SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.
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SC No. 04/11 State Vs Badal @ Nanhe Gopal & Ors.