Delhi District Court
State vs Sunil @ Sagar. on 25 April, 2012
S/v Sunil . FIR no. 144/09 PS : Subzi Mandi
IN THE COURT OF SH. NEERAJ GAUR, METROPOLITAN
MAGISTRATEIII, (N), TIS HAZARI COURTS, DELHI
Brief reasons for the judgment in the case with following
particulars:
State V/s Sunil @ Sagar.
FIR No. 144/09.
PS : Subzi Mandi
U/S 224 IPC.
ID NO. 02401R0126232010.
Date of Institution: : 19.03.10
Date of commission of offence : 21.05.09.
Name of the Complainant : Ct. Daljeet Singh.
Name and address of accused : Sunil @ Sagar s/o Mohan Lal,
R/o A707, JJ Colony, Madipur,
Delhi.
Offence complained of : U/S 224 IPC.
Plea of accused : Pleaded not guilty
Final Order : Convicted u/s 224 IPC.
Date of reserve for orders : 25.04.2012.
Date for announcing the orders : 25.04.2012.
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S/v Sunil . FIR no. 144/09 PS : Subzi Mandi
J U D G M E N T :
Brief Facts and pretrial procedure:
1. The case against the accused, as alleged in the chargesheet is that on 21.05.09 at about 8:20 am, PW1 HC Baljeet Singh, PW2 HC Daljeet Singh and PW4 ASI Gulvinder Singh (all Punjab Police Officials) along with other police staff brought some Under Trial Prisoner including accused Sunil @ Sagar from Central Jail, Amritsar to Tis Hazari Courts. When they reached Red Light in front of Gate no. 2, Tis Hazari Courts, the accused complained that his hand was swelling and he requested the police officials to open the handcuff. On his request, Ct. Daljeet Singh opened the handcuff, however, suddenly accused escaped from their custody and started running away. The police officials chased him and fired 10 round of bullet in air but he succeeded to run away.
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S/v Sunil . FIR no. 144/09 PS : Subzi Mandi
2. On completion of investigation, the accused was charge sheeted u/s 224 IPC. After necessary compliances, charge u/s 224 IPC was framed against accused to which he pleaded not guilty and claimed trial.
Trial
3. To prove the charges, prosecution examined fourteen witnesses in total whose testimonies are touched upon in brief as under:
(i) PW1 HC Baljeet Singh, PW2 HC Daljeet Singh and PW4 ASI Gulvinder Singh (all Punjab Police Officials) deposed that on 21.05.09, they came along with other four police staff and six accused persons taken from Central Jail, Amritsar, out of which four accused persons were to be produced at Tis Hazari Courts. At about 8:20 am, when they reached at Red Light, in front of Gate no.
2, Tis Hazari Courts, then, the accused told that his hand was U. ID No. 02401R0126232010 Page No. 3 of 11 S/v Sunil . FIR no. 144/09 PS : Subzi Mandi swelling and requested to open the handcuff. PW2 HC Daljeet Singh opened the handcuff of the accused and he suddenly started running from their custody. Police officials chased him and fired 10 round of bullet in air but accused succeeded to run away. Police was called at the spot and collected 6 fired empty shells of bullets which is marked Ex. PW 1/A. IO prepared site plan which is marked Ex 2/B. Statements of PWs u/s 161 CRPC recorded by the police.
(ii) PW3 HC Om Prakash is the Duty Officer who has proved the registration of FIR. Carbon copy of the FIR has been marked Ex. PW 3/A and endorsement upon the same marked Ex. PW 3/B.
(iii) PW5 Ct Vivek and PW13 ASI Rishi Pal Singh deposed that on 21.05.09, at about 8:30 am, on receiving DD no. 9, they reached at Gate no. 1A, Tis Hazari Courts where Ct. Daljeet Singh and HC Baljeet Singh from Punjab Police Officials met them. Ct. Daljeet Singh told that one Under Trial Prisoner namely Sunil @ Sagar U. ID No. 02401R0126232010 Page No. 4 of 11 S/v Sunil . FIR no. 144/09 PS : Subzi Mandi managed to flee from his lawful custody. PW13 prepared rukka and handed over to PW 5 who went to PS, got case registered and returned back at the spot along with copy of FIR and original tehrir and handed over the same to PW13. Six cartridges were seized from the spot and put the same in a white cloth and sealed with the seal of RPS. Seizure memo in this regard is marked Ex. PW 1/A. Site plan was also prepared at the instance of Ct Daljeet Singh. Statements of witnesses were recorded by PW13 and case property was deposited in Mal Khana and further investigation was marked to SI Jagdish Yadav.
(iv) PW6 HC Raj Bahadur is the formal witness who deposed that on 27.01.10, the accused was produced before the court of Sh Sudesh Kr, Ld. MM and IO moved an application for arrest of accused. Thereafter, accused was interrogated and arrested by the IO.
(v) PW7 Sh Manoj Kumar, Ahlmad in the court of Sh Brijesh Sethi, U. ID No. 02401R0126232010 Page No. 5 of 11 S/v Sunil . FIR no. 144/09 PS : Subzi Mandi Ld. ASJ has brought the cause list dated 21.05.09, wherein, the case of the accused Sunil was listed at item no. 8 which is marked Ex. PW 7/A.
(vi) PW8 Amarjeet Singh, PW9 Anil Kumar and PW10 Deshraj (all Under Trial Prisoneer in other cases) deposed of having been produced from Central Jail, Amritsar to Tis Hazari Courts. At about 8/8:30 am, when they reached at Red Light, outside Tis Hazari Courts, the accused Sunil said to one Punjab Police Constable of having pain and insensitivity in his hand due to hathkari. Upon this, said Punjab Police Official opened the lock of the hathkari. Suddenly, accused jerk his hand and managed to escape from there. Statement of all PWs recorded at PP Tis Hazari Courts.
(vii) PW11 HC Ram Snehi deposed that on 27.10.10, he got the custody of the accused from Dasna Jail, Ghaziabad to produce him U. ID No. 02401R0126232010 Page No. 6 of 11 S/v Sunil . FIR no. 144/09 PS : Subzi Mandi in the Court and he was produced in Court room no. 264 before Sh Sudesh Kr, Ld. MM, where, SI Jagdish Yadav moved an application for custody and interrogation of the accused. After obtaining the permission from the Court, the accused was interrogated and arrested by SI Jagdish Yadav in case FIR no. 144/09 u/s 224 IPC PS Subzi Mandi. Arrest memo, personal search memo and disclosure statement marked Ex. PW 11/A, PW 11/B and PW 11/C respectively.
(viii) PW12 SI Jagdish Yadav, IO of the present case deposed that on 29.05.09, he was posted at PS S. Mandi as SI and on that day, investigation of the present case was marked to him. In the month of January 2010, he received information regarding accused having been arrested in case FIR no. 262/09 u/s 379/411 IPC PS Gautam Bugh Nagar, UP and lodged in Dasna Jail, Ghaziabad, UP. After obtaining the permission from the Court, IO interrogated the U. ID No. 02401R0126232010 Page No. 7 of 11 S/v Sunil . FIR no. 144/09 PS : Subzi Mandi accused and disclosure statement in this regard has been marked EX. PW 11/C. Accused was arrested. Arrest memo and personal search memo are already marked Ex. PW 11/A and Ex. PW 11/B respectively. IO also recorded the statement u/s 161 CRPC of HC Raj Bahadur Singh and HC Ram Snehi Mishra.
(ix) PW14 Sh. Om Prakash deposed that he was runing an STD cum Tea Staff at Gate no. 1A, Tis Hazari Courts and opened his shop at about 8 am. At abour 2/2:30 pm, he heard some fire shots and saw that one person was running and the police was chasing that person with having machine guns in their hands. Subsequently, he came to know that one person had escaped from the custody of the police.
Statement of accused and defence
4. After closure of PE, statement of the accused u/s 281/ 313 CRPC recorded without oath wherein he claimed to be innocent U. ID No. 02401R0126232010 Page No. 8 of 11 S/v Sunil . FIR no. 144/09 PS : Subzi Mandi stating that on 21.05.09, he was brought from Amritsar Jail by the Punjab Police Officials along with other co accused persons Amarjeet Singh, Anil Kr, Desh Raj. They were taken to Gurudawara near byepass at Samaipur, Badli. There, police officials opened his handcuff and instructed him to run away. The police official were armed and he had no option but to follow their instructions. They also opened fire. He was not produced at Tis Hazari Courts. From there, he came to his residence at Delhi. He did not choose to lead any evidence in his defence. Thereafter, the matter was listed for final arguments.
Arguments and appreciation of evidence
5. From the statement of PW1, PW2 and PW4, it is abundently proved that on 21.05.09, accused Sunil @ Sagar was brought to Tis Hazari Courts in lawful custody of the police. PW8, U. ID No. 02401R0126232010 Page No. 9 of 11 S/v Sunil . FIR no. 144/09 PS : Subzi Mandi PW9 and PW10 who happened to be the other Under Trial Prisioner along with accused have also supported the version of the Punjab Police Officials regarding the production of the accused at Tis Hazari Courts and regarding the escape of the accused from the custody. Although, PW14 has not identified the accused, however, he is an independent witness as to the incident of escaping of a person being chased by police officials. The Ahlmad/ PW 7 has also proved that the case against accused was pending on that day in the court of Sh Brijesh Sethi, Ld. ASJ. The police officials of PS Subzi Mandi have also proved the investigation part including the recovery of empty cartridges from Tis Hazari Complex. The cross examination of the material witnesses could not controvert their testimonies, rendering their statements as reliable, trustworthy and truthful.
Conclusion
6. The prosecution has proved beyond reasonable doubt that on U. ID No. 02401R0126232010 Page No. 10 of 11 S/v Sunil . FIR no. 144/09 PS : Subzi Mandi 21.05.09, the accused escaped from the lawful custody of Punjab Police Officials while he was brought to Tis Hazari Courts. The charge u/s 224 IPC is accordingly proved. Hence, I hold the accused Sunil @ Sagar guilty of the offence u/s 224 IPC and is accordingly convicted for the abovementioned offence.
Announced in open court (Neeraj Gaur)
today i.e. 25.04.2012 Metropolitan MagistrateIII/N
Tis Hazari Courts, Delhi
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