Delhi District Court
State vs . Surender Singh on 23 February, 2011
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IN THE COURT OF MS. VANDANA JAIN, MM08
WEST DISTRICT, TIS HAZARI COURT
State Vs. Surender Singh
FIR No.335/94
PS: Kirti Nagar
U/S: 385/507 IPC & 25/5459 Arms Act
Sr. no. of the case : 912/10
Date of commission of offence : 23.10.94
Date of institution of the case : 20.12.1994
Name of the complainant : Sardar Pritam Singh
Name of accused and address : Surender Singh S/o
Vikram Singh R/o
G212, DDA Flats,
Jaidev Park, Punjabi
Bagh, Delhi.
ii) Vijay Singh S/o Babu
Singh R/o 3411 Gali
Lalu Misher, Qutub
Road Sadar Bazar,
Delhi.
iii) Virender Sahni S/o K.L.
Sahni R/O E37A, IInd
Floor, Kirti Ngr. Delhi.
Offence complained of or proved : U/S 385/507 IPC &
25/5459 Arms Act
FIR No.335/94 State Vs.Surender Singh Page 1/13
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Plea of the accused : Pleaded not guilty
Final Order : Acquitted
Date of judgment : 23.02.2011
J U D G M E N T:
1. Brief facts of the prosecution story is that on 23.10.94 the accused persons made a telephonic call in the factory of the complainant At 10.57 Industrial Area, Kirti Nagar at about 2.00pm and demanded Rs.20 lacks and threatened to kidnap the complainant and his family members in case of nonpayment of the money and accused persons put the complainant in fear of injury to his life and limb as well as injury to his family members in order to commit extortion. The accused persons have also criminally intimidated the complainant with injury to his person or with intention to cause alarm to him by sending anonymous communication on telephone. On 29.10.94 in between mother dairy booth no.307 and DMS booth Patel Nagar opposite H.No. 5E/19 East Patel Nagar Delhi at about 8.30pm the accused Virender was found in possession of one button operated knife measuring 34 cm with blade length of 16 cm in contravention of Notification issue by Delhi Administration.
2. Charge was framed against the accused persons on FIR No.335/94 State Vs.Surender Singh Page 2/13 3 08.08.05 U/S 385/50734 IPC and U/S 25/54/59 Arms Act against the accused Virender Sahni to which the accused persons pleaded not guilty and claimed trial.
3. Prosecution has cited 11 witnesses in support of its case and out of them 7 witnesses have been examined.
4. PW1 Parvinder Singh deposed that on 23.10.94 he was present at his factory at Kirti Nagar and prior to that date his father used to receive ransom calls and the caller was unidentified at that time. He deposed that he had received a telephonic call from unknown person demanding Rs.1 lac. and he informed to police and security was provided by the concerned police. He deposed that 2/3 persons were arrested by the police in the present case and they threatened him with dire consequences. This witness was cross examined by Ld. APP for the State but he denied having any any statement to the police.
5. PW2 Ct. Narender Singh deposed that on 29.10.94 he along with ASI Ramakant Tiwari , Ct. Pop Singh, Ct. Babban and Ct. Avtar Singh reached at Patel Road near Vivek Cinema. One independent witness namely Kamal Sharma also joined the raiding party and came along with them. He deposed that ASI Ramakant Tiwari deputed them at several places to apprehend the person who FIR No.335/94 State Vs.Surender Singh Page 3/13 4 would come to take the money from Gurminder Singh S/o complainant Pritam Singh. He deposed that at that time Gurminder Singh was sitting in a car. He deposed that t hey saw a person came towards the car and the said person Vijay identified by the witness showed Gurminder Singh a half 50/ rupee note. He deposed that Gurminder Singh made a signal to them and the accused Vijay was apprehended by them. He deposed that said currency note was seized and accused Vijay and Gurminder Singh went towards Mother dairy booth no.307 and police personnels reached at mother diary booth in a separate car, where two persons were sitting on a scooter. He deposed that all the accused persons were apprehended by them and they found a half 50 rupee note from the possession of accused Virender Sahney. They deposed that they seized the bogus currency note and scooter was also seized and they found a buttondar knife from the side pocket of accused Virender Sahny. He deposed that sketch of knife was prepared and site plan was also prepared. He deposed that accused persons made their disclosure statement to SI Ramakant.
6. PW3 Sardar Pritam Singh deposed that 1012 years back he had received a letter demanding money amounting Rs.20,000/ from an organization in the name of Babbar Khalsa International. FIR No.335/94 State Vs.Surender Singh Page 4/13 5 he deposed that the said letter was handed over by him to police and after that he received a telephonic call demanding the said amount. He deposed that they threatened him for dire consequences and he made a written complaint to the police. He deposed that FIR was recorded in the PS and he never gave any amount to anybody. He deposed that his son also never gave any amount to anyone.
7. PW4 Kamal Sharma deposed that in the year 1994 he along with his brother were on their tempo and they were taking fuel from a petrol pump opposite Bengali Sweets. He deposed that there was crowd near the petrol pump and several police persons were present there. He deposed that he came to know that police persons want to apprehend some accused. He deposed that he become ready to join the police persons and reached at Vivek Cinema along with several police personnel. He deposed that he joined the police party to see the matter but she could not see anything as a big crowd gathered on the spot. He deposed that he did not know whether anything was recovered from any person near Vivek Cinema. This witness was cross examined by Ld.APP for the State and stated that he cannot say whether accused Surender was apprehended by police when Sardar parminder FIR No.335/94 State Vs.Surender Singh Page 5/13 6 handed over money to him. He stated that his signatures were done taken out papers and he signed the same.
8. PW5 Ct. Pop Singh deposed that on 23.10.94 he along with ASI Rama kant Tiwari reached at 10/57 Industrial Area Kirti Nagar and met Sardar Pritam Singh who handed over a letter to ASI Rama Kant Tiwari about an extortion. He deposed that letter was seized by the IO and statement of Pritam Singh was recorded and an FIR was got registered. He deposed that on 29.10.94 a raiding party was prepared consisting of ASI Rama Kant, Ct. Gautam singh, Ct. Narender Ct. Ram Avtar, Sardar Pritam Singh and Sardar Parminder Singh and one passerby Kamal Sharma along with him. He deposed that Pritam Singh handed over him a car bearing no.DL3C0451. He deposed that a bogus bundle of currency notes was prepared and was handed over to Sardar Parminder Singh who reached on the spot in his maruti car bearing no.DL4C7399. He deposed that they reached near Vivek Cinema and ASI Ram Kant deputed them near the said Cinema. He deposed t hat at around 7pm accused Surender reached at the spot and met Sardar Parminder Singh and accused showed a half currency note of Rs.50/ to Sardar parminder Singh who made a signal to the police party and accused Surender was apprehended by them along FIR No.335/94 State Vs.Surender Singh Page 6/13 7 with half currency note of Rs.50/ and bogus bundle. He deposed that accused made a disclosure statement to ASI Ramakant and as per the disclosure statement they reached at mother dairy Patel Nagar near DMS booth and at the instance of accused Surender, accused Virender was apprehended from mother dairy near DMS booth. He deposed that one knife was recovered from accused Virender along with half currency note. He deposed that rough site plan of both the spot were prepared and knife was sealed with the seal of RKT and accused was arrested.
9. PW6 HC Bhujveer Singh deposed that on 10.11.94 he joined the investigation along with ASI R.K. Tiwari before the court of Ms. Raj Rani Mitra Ld. MM. He deposed that said ASI obtained the permission for taking specimen handwriting of the accused Vijay Singh and accused signed 3 pages upon which he signed as a witness and IO recorded his statement.
10. PW7 SI R.K. Tiwari deposed that on 23.10.1994 he received complaint after registration of the FIR of the present case and he along with Ct. Pop Singh reached at house no.10/57, Industrial Area Kirti Nagar and met Sardar Pritam Singh who handed over a letter to him about an extortion. He deposed that the letter was seized by him and a statement of Pritam Singh was FIR No.335/94 State Vs.Surender Singh Page 7/13 8 recorded. He deposed that on 29.10.94 the complainant as well as his son Sardar Parmender Singh came at PS and again complained regarding extortion. He deposed that he suggested the complainant and his son Parminder Singh to sent him along with bogus bundle of currency notes of Rs.1 lac. He deposed that they prepared a raiding party consisting of Ct. Pop Singh, Ct. Gautam Singh, Ct. Narender, Ct. Ram Avtar. Sardar Parvinder Singh and one passersby Kamal Sharma along with him. He deposed that Sardar Pritam Singh handed over him a car bearing no.DL8C0415. He deposed that a bogus number of currency notes was prepared and handed over to Sardar Parvinder Singh who reached on the spot on his maruti Car no.DL4C7399. He deposed that they reached near Vivek Cinema and he deputed the raiding party near the said Cinema. He deposed that at about 7.20pm. accused Surender Singh reached at the spot and met Sardar Parminder Singh. He deposed that accused Surender showed half currency note of Rs.50/ to Sardar Parminder Singh and Sardar Parminder Singh made a signal to police party and accused Surender was apprehended by them along with half currency notes of Rs.50/ no. 8 DK 109353 . He deposed that accused persons made their disclosure statement and same was recorded by him and as per FIR No.335/94 State Vs.Surender Singh Page 8/13 9 disclosure statement they reached at Mother Dairy, Patel Nagar near DMS Booth and at the instance of accused Surender, accused Virender was apprehended from mother dairy along with one half currency note of Rs.50/. He deposed that one knife was also recovered from the accused Virender. He deposed that he prepared a sketch of seizure memo of knife. He deposed that he prepared rough site plan of both the spot and the knife was sealed with the seal of RKT and after using, the same was handed over to Kamal Sharma. He deposed that he recorded the disclosure statement of accused Virender and accused was arrested.
11. He further deposed that on 10.11.94 he had moved an application before the concerned court before getting the specimen handwriting of accused Vijay Singh @ Vijji. and he had obtained handwriting of accused Vijay Singh on three pages in the presence of Ct. Bhujveer Singh. He deposed that the handwriting sent to CFSL and he recorded the statement of PWs.
12. Statement of accused U/S 281 Cr.P.C has been recorded in which he has stated that he did not wish to lead any defence evidence.
13. I have heard arguments advanced by Ld. APP for the State and learned counsel for the accused. I have also perused the FIR No.335/94 State Vs.Surender Singh Page 9/13 10 record carefully.
14. PW4 Sardar Pritam Singh, complainant has deposed that he never gave any amount to anybody. He further stated in his examination in chief that his son has never gave any amount to anybody. The witness has resiled from his previous statement and cross examined by Ld. APP accordingly where he denied that he never sent his son Parvinder Singh along with currency notes of Rs.1 lac.
15. PW Parvinder Singh also resiled from the statement and during cross examination by Ld. APP for the State, he admitted that on suggestion of police personnel he went alone with a bogus bundle of currency notes of Rs.1 lac. However, he denied all the other facts which he deposed in his statement before the police. Another public witness Kamal Sharma who according to the case of the prosecution had joined the investigation and was a witness to the arrest of all the accused persons stated that he joined the police party to see the matter but he could not see anything as a big crowd gathered at the spot. He further stated that he did not know whether anything was recovered from any person near Vivek Cinema. In the cross examination by Ld. APP for the State he stated that he cannot say whether accused Surender was apprehended by the FIR No.335/94 State Vs.Surender Singh Page 10/13 11 police when Sardar Parvinder Singh handed over money to him however he admitted that some person was apprehended by the police which implies that he did not identify the accused Surender. He further admitted that the sketch of knife and seizure memo of knife bears his signatures however he stated that the same were taken on a blank paper and he signed the same when there was no sketch or seizure memo.
16. PW3 Ct. Narender Singh has deposed that one independent witness PW5 Kamal Sharma joined the raiding party and he along with ASI Ramakant, Ct. Pop singh, Ct. Babban and Ct. Avtar Singh went to Vivek Cinema and ASI Ramakant Tiwari asked asked them to stand at several places for apprehending the accused and thereafter one accused Vijay showed a half 50 rupee note to Gurminder Singh, son of the complainant and he was apprehended by the police official. Thereafter, all the police official reached at mother dairy booth where two persons were sitting on a scooter and they were also apprehended. However, PW6 Ct. Pop Singh in his examination in chief has stated that accused Surender had come to present a half currency note of Rs50/ to Sardar Parvinder Singh and thereafter at mother dairy Patel Nagar accused Virender was apprehended at the instance of FIR No.335/94 State Vs.Surender Singh Page 11/13 12 accused Surender. There is a contradiction between the testimony of both the witness as Ct. Narender stated that accused Vijay was apprehended first and thereafter other two accused persons were apprehended at the instance of accused Vijay who were on the scooter whereas Ct. Pop Singh has stated that the accused Surender was apprehended and thereafter accused Virender was apprehended from mother dairy near DMS booth. He had not stated anything about the scooter. Moreover, as per the statement of Ct. Narender no scooter was taken in possession by the police on which two persons were alleged to have been sitting. Nothing has been mentioned about Vijay Singh in the statement of Ct. Pop Singh.
17. PW9 SI Ramakant Tiwari in his statement stated that Surender Singh came to Sardar Parvinder Singh, son of the complainant and showed a half currency note of Rs.50/. Thereafter, at the disclosure of accused Surender, accused Virender was arrested and on the same day accused Vijay was also arrested. It has not been stated by IO Ramakant Tiwari that how accused Vijay Singh was arrested and at whose instance. There are huge contradictions between the testimony of police officials. Moreover, SI Ramakant Tiwari stated nothing about the scooter as stated by Ct. Narender.
FIR No.335/94 State Vs.Surender Singh Page 12/13 13
18. First of all, all the public witnesses including complainant have resiled from their statement and have not supported the case of the prosecution. Secondly, the statement of all the police officials are in contradiction with each other and they did not support the case of the prosecution by deposing in uniform manner. From the material on record it is unsafe to conclude that accused persons are guilty of any offence. Accordingly accused persons are acquitted for the charge framed for the offence U/s 385/507 IPC & 25/5459 Arms Act.
Announced in the open (Vandana Jain)
court on 23.02.2011 MM08/West/Delhi
FIR No.335/94 State Vs.Surender Singh Page 13/13