Delhi District Court
Sc No.74/15 Fir No. 92/09 State vs Ramesh @ Nanku Etc. Page No. 1/34 on 14 January, 2016
IN THE COURT OF SH. NARESH KUMAR MALHOTRA,
ADDITIONAL SESSIONS JUDGE05, WEST, TIS HAZARI
COURTS, DELHI.
IN THE MATTER OF
SESSIONS CASE NO.74/15 & Old No. 185/09
ID No. 02401R0244832009
FIR No. 92/09
P.S Vikas Puri
U/S 186/353/307/411/34 IPC and 25/27/54/59 A.Act
STATE
VERSUS
(1) Ramesh @ Nanku
S/o Sh.Hanuman Dutt
R/o Jhuggi No. WZ176/49, THuts,
Near Fire Station, Kirti Nagar,
New Delhi.
(2) Somnath @ Vicky
S/o Sh.Radhey Shyam
R/o Jhuggi No. 43, THuts,
Near Fire Station, Kirti Nagar,
New Delhi.
(3) Bablu Kumar @ Arjun
S/o Sh.Mahesh @ Raju Paswan
R/o Jhuggi, THuts,WHS,
Near Fire Station, Kirti Nagar,
New Delhi.
DATE OF INSTITUTION : 27.07.2009
DATE OF RESERVING THE ORDER : 08.01.2016
DATE OF DECISION : 12.01.2016
SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 1/34
JUDGEMENT
1. The brief facts of the case are that the above mentioned case was registered on the rukka sent by SI Charan Singh to the duty officer of PS Vikas Puri, wherein it is mentioned that on the intervening night of 14/15.03.2009, one TATA Sumo was robbed at Gun point and in this regard FIR no. 86/09 U/s 394/397 IPC of PS Rajouri Garden was registered. To apprehend the criminals involved in the FIR no. 86/09, Special team of Spl. Staff was prepared and sources were deployed. It came to the notice of the police that Ramesh Tiwari @ Nanku, Somnath @ Vicky, Bablu Kumar @ Arjun, Raju @ Tinku and Sanjay committed this robbery and to apprehend them, sources were deployed and their houses were checked but they could not be found. On 26.03.2009, at about 07:00 PM, one secret informer came to the office of Spl.Staff/West, Tagore Garden and gave information that Ramesh Tiwari alongwith his companions will come in red colour TATA Sumo vehicle at 08:30 PM from Uttam Nagar Hastal Road, DDA Flat through Road no.236 and they will come at Outer Ring Road and they will commit any robbery and they are having illegal weapons. They had also put the registration number plate as UP 14AF 2314 on the TATA Sumo Car and this vehicle is the looted vehicle from the area of PS Rajouri Garden. This information was reduced into writing and the information was brought to the notice of Insp.Raj Kumar, Spl.Staff. A raiding party was prepared comprising of SI Manoj Kumar Yadav, ASI Nirakar SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 2/34 Sharma, HC Ved Prakash, HC Sanjay Bhatti, Ct.Suresh Kumar, Ct.Shashi Kumar, Ct.Pramod Kumar under the supervision of Insp.Raj Kumar and SI Charan Singh. Members of the raiding party were briefed and in two Maruti Cars and motorcycle, members of raiding party came at about 08:00 PM at Road No. 236, DAV School alongwith the secret informer. ASI requested some public persons of the locality to join the investigation but none agreed.
At about 08:15 PM, Nakabandi of Road no. 236 was done and at about 08:40 PM, one red colour TATA Sumo from the side of Uttam Nagar, Hastal, DDA Flats came at Road no. 236 and the members of the police party tried to stop the vehicle but the vehicle did not stop. The TATA Sumo was chased by the abovesaid two Cars and motorcycle of the Spl.staff team for about 300/400 mtrs and SI has put his Car in front of the TATA Sumo and they were forced to stop. SI Manoj Kumar has drove his vehicle behind the TATA Sumo. There was a number plate of UP14 AF2314 on the TATA Sumo. Accused Ramesh @ Nanku while descending from the driver seat of TATA Sumo had fired from the country made pistol/Katta towards the police party and towards the SI but the bullet did not hit any person. Then SI in self defence, fired a shot in the air while challenging them. Then at once, accused Ramesh Tiwari @ Nanku was apprehended by Ct.Suresh Kumar and country made pistol was snatched from his right hand. On his personal search, one live cartridge of 8 MM was recovered from the right side pocket of his pant. From the SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 3/34 adjacent seat to the driver seat, accused Somnath @ Vicky while carrying open knife in his hand, rushed to attack the police party. ASI Nirakar Sharma apprehended him and snatched the knife from his right hand. From the rear seat, towards the left side, one person while having open knife in his hand, came from the left side of the rear seat and tried to attack the police party. SI Manoj Kumar apprehended him and snatched the knife from his hand and he disclosed his name as Bablu Kumar. ASI Nirakar Sharma had produced knife which was snatched from accused Somnath. Sketch of knife was prepared. Length of the blade was 11.5 cm and length of handle was 13 cm. The blade of the knife was made of steel and handle was of metal. On the handle, one side was of black colour wood and on the other side, strip of metal was installed. There was a button between the knife and from this button, the knife can be opened and closed. The knife after sealing with the seal of CSM was taken into possession. SI Manoj Kumar had produced the knife which was snatched from Bablu Kumar @ Arjun. The length of the blade of that knife was 10.5 cm and length of knife was 13 cm. The blade of the knife was made of iron and handle was of metal. There was a button of metal between the knife, by which the knife can be opened and closed. The same was also taken into possession after sealing the same. The country made pistol/Katta was checked which was recovered from the accused Ramesh Kumar @ Nanku and one bullet of 8 MM was found loaded in the weapon. Fired cartridge was loaded and the same was taken out. Memo of country made SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 4/34 pistol, live and fired cartridges were prepared. The length of Barrel was 14 cm., length of body was 9.5 cm and length of Butt was 7 cm. Barrel was of iron. Body and Butt were of Metal. On the bottom of fired cartridge, 8 mm, KF was inscribed and there was a sign of firing pin on the fired cartridge. On the live cartridge, there was a mark of 8 mm, KF inscribed. The country made pistol, live and fired cartridges were sealed into a pullanda and sealed with the seal of CSM. Form of FSL was filed. At the spot, one 9 mm fired cartridge which was fired by SI from his service revolver was taken into possession and the same was put into a plastic dibbi and taken into pullanda, sealed the same with the seal of CSM. Accused Ramesh Kumar Tiwari, Somnath @ Vicky and Bablu Kumar @ Arjun were inquired and they disclosed that about 15 days earlier, they looted the said vehicle on the point of country made pistol and knives and they had changed the number plate. On checking the Engine number of the TATA Sumo was found as 483DL51KT272886 and Chasis No. 446326LTZ948481. During investigation, it was informed that FIR no. 86/09 was registered and TATA Sumo was taken into possession U/s 102 Cr.P.C.
2. On the basis of the rukka, the present FIR bearing no. 92/09 U/s 353/186/307/411/34 IPC and 25/27/54/59 A.Act was registered against all the accused persons and the investigation of this case was carried out.
3. During investigation, Senior officers were informed through special messengers and the remaining investigation was carried SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 5/34 out by SI Krishan Kumar. During investigation, all the accused persons confessed their crime and their disclosure statements were recorded. Accused persons were arrested. Thereafter all the accused persons got recovered looted mobile phone from their respective jhuggies and the same were taken into possession. Case property was also sent to FSL. Complaint U/s 195 Cr.P.C. was filed in the court of Ld.ACMM and chargesheet was filed.
4. Charge for the offence punishable U/s 186/353/307/411/34 IPC against all the accused persons and separate Charges for the offence U/s 25/54/59 A.Act against all the accused persons were framed by my Ld.Predecessor on 10.11.2009, to which they pleaded not guilty and claimed trial.
5. To prove its case, prosecution has examined as many as 10 witnesses i.e. PW1 Ct.Suresh Kumar, PW2 HC Jai Bhagwan, PW3 Ct.Devender, PW4 SI Manoj Kumar, PW5 ASI Nirakar Sharma, PW6 ASI Bal Kishan, PW7 HC Subhash Chander, PW8 ASI Kailash Chand, PW9 SI Charan Singh and PW10 SI Krishan Kumar
6. Thereafter, statements of accused persons U/s 313 Cr.P.C. have been recorded, wherein they have stated that they are innocent and have been falsely implicated in this case. However, no evidence have been adduced by the accused persons in their defence.
7. PW1 Ct.Suresh Kumar has deposed that on 26.03.2009, SI Charan Singh received the secret information that accused SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 6/34 Ramesh Tiwari, Somnath @ Vicky and Bablu @ Arjun alongwith their other associates will be coming at DAV School, near Hastal road and will proceed towards ring road in red colour TATA Sumo bearing no. UP14AF2314, carrying deadly weapons and they had also robbed one TATA Sumo from the area of PS Rajouri Garden, about 10/15 days prior to receiving of secret information. Thereafter, raiding party was formed comprising of himself, Insp.Raj Kumar, SI Charan Singh, SI Manoj Kumar, ASI Nirakar, HC Ved Prakash, HC Sanjay Bhatti, Ct. Shashi Kumar, Ct.Pramod under the supervision of Insp.Raj Kumar and thereafter, they proceeded for the spot in two private cars and one motorcycle at about 07:30 PM.
At about 8 PM, they reached at Road no. 236, DAV School, Vikas Puri, B Block. He has further stated that at about 08:45 PM, one red colour TATA Sumo vehicle came from the side of Uttam Nagar, Hastal DDA Flats and driver of the vehicle made an indication to stop but the driver i.e.accused Ramesh Tiwari @ Nanku, of the TATA Sumo did not stop the vehicle and the same was chased with the help of cars and motorcycle. SI Charan Singh had parked the car in front of the TATA Sumo and the second car was parked behind the TATA Sumo, so that the same was made to stop. They also noticed that the vehicle was affixed with the registration no. UP14AF2314. This witness has further stated that accused Ramesh Kumar while getting down from the driver seat, fired from a Dessi Katta towards the members of raiding party and SI Charan Singh, however, the bullet shot did SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 7/34 not hit any members of the raiding party. SI Charan Singh made an alarm and he had fired one shot in the air in their defence. SI Charan Singh with the help of this witness overpowered accused Ramesh Kumar Tiwari and Katta was snatched by them from the right hand of the accused. Katta was opened and it contained one fired cartridge. On the search of accused one live cartridge was also recovered from the right pocket of the pant of accused. This witness has proved the rough sketch of Katta, fired cartridge and one live cartridge recovered from accused Ramesh Kumar as Ex. PW1/A. The same were sealed in a parcel with the seal of CSM. Form FSL was also filled and it was also sealed with the seal of CSM. This witness has also proved the seizure memo of parcel of Katta and one live cartridge and FSL Form as Ex. PW1/B. This witness has further stated that during incident, accused Somnath @ Vicky who was sitting near the driver seat got down from the TATA Sumo and ran towards the members of raiding party with a button knife and he attempted to stab the members of raiding party, however, he was overpowered by ASI Nirakar. The knife was snatched by ASI Nirakar from the right hand of the accused Somnath.
This witness has further stated that while getting down from the middle seat of the TATA Sumo, Babloo @ Arjun was also having a button knife which was opened and he was apprehended by SI Manoj and the knife was snatched by SI Manoj. The proceedings regarding the recovery of knife from the accused Somnath and Bablu Kumar were also conducted.
SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 8/34This witness has further stated that one fired round of 9 mm, which was fired by SI Charan Singh in self defence, lying on the road was also lifted and the same was sealed with the seal of CSM and seized vide seizure memo. All the accused persons made disclosure statements, wherein they disclosed about the commission of present offence. Thereafter, TATA Sumo was also taken into possession vide memo Ex.PW1/C. This witness has further stated that thereafter rukka was prepared by SI Charan Singh and he took the same to PS Vikas Puri for registration of the case. After getting the case registered, he came back to the spot with the copy of FIR and original rukka and handedover the same to SI Krishan Kumar, who had reached the spot on the directions of Insp.Raj Kumar. This witness has proved the arrest memo of accused Ramesh Kumar @ Nanku as Ex. PW1/D. This witness has identified Dessi Katta and two fired cartridge as Ex.P.1 recovered from accused Ramesh Kumar and empty cartridge, which was fired by SI Charan Singh in his self defence as Ex. P.2.
8. PW2 HC Jai Bhagwan has proved the DD no.6 dt. 26.03.2009, DD no.7 dt. 26.03.2009 and DD no. 8 dt. 26.03.2009 as Ex. PW2/A, Ex. PW2/B and Ex. PW2/C respectively, which were recorded by him in Daily diary.
9. PW3 Ct.Devender has deposed that on 06.04.2009, on the directions of IO, he went to PS Vikas Puri with documents and went to MHC(M) PS Vikas Puri, who handedover to him one cloth parcel duly sealed with the seal of CSM with FSL form for SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 9/34 depositing the same at FSL Rohini. Thereafter, he deposited the same at FSL Rohini vide RC no. 31/21/09 and obtained the receipt of FSL Rohini and handedover the same to MHC(M).
10.PW4 SI Manoj Kumar has deposed that on 26.03.2009 at about 07:00 PM, SI Charan Singh received secret information that accused Ramesh Kumar Tiwari @ Nanku, Somnath Singh @ Vicky, Bablu Kumar @ Arjun, Raju and Sanjay, who were involved in the incident of PS Rajouri Garden, where one vehicle was taken by the criminals on the gun point, are expected to come at 08:30 PM, having arms, from the side of Uttam Nagar, Hastal Road, DDA flats and will go towards outer rind road vide Road no. 236, Vikas Puri in red colour TATA Sumo having number plate UP14AF2314. Thereafter, on the directions of Insp.Raj Kumar, a raiding party consisting of himself, ASI Nirakar, SI Charan Singh, HC Ved Prakash, HC Sanjay Bhatti, Ct.Suresh, Ct.Shashi Kumar, Ct.Prammod under the supervision of Insp.Raj Kumar was formed and at about 07:30 PM, they alongwith secret informer, left for Uttam Nagar, Hastal Road in two private Maruti Cars and one motorcycle.
This witness has further stated that at about 08:00 PM, they reached at Road no. 236, near DAV School, D Block, Vikas Puri, Delhi. At about 08:40 PM, one red colour TATA Sumo from the side of Uttam Nagar, Hastal Road, DDA Flats to Road no. 236, came, which was tried to be sopped but they did not stop. Thereafter, they chased the said vehicle upto certain distance and intercepted by their vehicle near Lok Vihar DTC Bus stand. At SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 10/34 08:45 PM, he succeeded in stopping the said vehicle by his car from behind and other Maruti Car stopped the said vehicle from the front.
This witness has further stated that as soon as the said vehicle was stopped, accused Ramesh Tiwari, got down from the driver seat, carrying one country made pistol in his hand and fired at the police party headed by SI Charan Singh, however, the SI Charan Singh and other police staff escaped unhurt from the shot. Thereafter, SI Charan Singh also pulled out his service pistol for his protection and opened fire in the air in order to make the accused persons surrender to the police party. This witness has further stated that at the same time, SI Charan Singh with the help of Ct.Suresh overpowered accused Ramesh Tiwari and snatched the country made pistol from his right hand.
This witness has further stated that during incident, accused Somnath @ Vicky who was sitting on the left side of TATA Sumo, got down from the TATA Sumo and ran towards the members of raiding party with a button knife and he attempted to stab the members of raiding party, however, he was overpowered by ASI Nirakar. The knife was snatched by ASI Nirakar from the right hand of the accused Somnath.
This witness has further stated that while getting down from the middle seat of the TATA Sumo, accused Babloo @ Arjun was also having a knife in his hand and he was apprehended by him and the knife was snatched by him.
This witness has further stated that accused Ramesh SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 11/34 Kumar Tiwari was found in possession of one country made pistol, one live cartridge and one fired cartridge. Accused Somnath was found in possession of one button actuated knife and accused Bablu Kumar was also found in possession of one button actuated knife. This witness has proved the sketch of knife, recovered from accused Bablu Kumar as Ex. PW4/A, seizure memo of the same as Ex. PW4/B after sealing the same with the seal of CSM and seizure memo of knife, recovered from accused Somnath @ Vicky as Ex. PW4/C. This witness has correctly identified accused Ramesh Tiwari and Somnath @ Vicky. This witness has also proved the seizure memo of TATA Sumo as Ex. PW1/C. This witness has further stated that one empty round of 9 mm fired by SI Charan Singh was picked up from the road and the same was seized vide memo Ex. PW4/D after sealing the same with the seal of CSM. This witness has further stated that thereafter rukka was prepared by SI Charan Singh and Ct.Suresh took the same to PS Vikas Puri for registration of the case. After getting the case registered, Ct.Suresh came back to the spot with the copy of FIR and original rukka and handedover the same to SI Krishan Kumar, who had reached the spot on the directions of Insp.Raj Kumar.
This witness has proved the Arrest memo of accused Bablu Kumar @ Arjun as Ex.PW4/E1, his personal search memo as Ex. PW4/E2, Arrest memo of accused Somnath @ Vicky as Ex. PW4/F1, his personal search memo as Ex. PW4/F2, personal SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 12/34 search memo of accused Ramesh Kumar Tiwari as Ex. PW4/G and disclosure statements of all the three accused persons as Ex. PW4/H, Ex.PW4/J and Ex.PW4/K. This witness has further stated that on 27.03.2009, in pursuance to the disclosure statements, accused Ramesh Tiwari led the police party to his jhuggi at W176/49, T Huts, near Fire Station, Kirti Nagar and produced three stolen mobile phones of different companies with IMEI numbers, which were seized vide memo Ex. PW4/L. He has further stated that accused Somnath led the police party to his jhuggi at 43, T Huts, near Fire Station, Kirti Nagar, Delhi and produced one stolen mobile phone make Nokia 1208 black colour with IMEI number and the same was seized vide memo Ex. PW4/M. He has further stated that accused Bablu Kumar @ Arjun led the police party to his Jhuggi at WHS, T Huts, near Fire Station, Kirti Nagar, Delhi and produced two stolen mobile phones of different companies with IMEI numbers and the same were seized vide memo Ex. PW4/N. This witness has identified the knife, which was seized vide memo Ex. PW4/B, as Ex.P.3, empty cartridge as Ex.P.2, photograph of TATA Sumo as Ex. PW2/A, two fake number plates of TATA Sumo as Ex. PW2/B (colly.) and Mobile phone as Ex. P.5.
11.PW5 ASI Nirakar Sharma has deposed that on 26.03.2009, SI Charan Singh has received secret information as to the incident of Rajouri Garden where one vehicle was taken by the criminal on gun point and thereafter, SI Charan Singh received an information from his deployed sources that the boys namely SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 13/34 Ramesh Tiwari @ Nanku, Somnath Singh @ Vicky, Bablu Kumar @ Arjun, Raju and Sanjay, who are residing in jhuggies of Kirti Nagar, near Fire Station, are involved in the incident of Rajouri Garden.
This witness has further stated that on 26.03.2009 at about 07:00 PM, SI Charan Singh received secret information in his office that the above named boys having arms are expected to come at 08:30 PM from the side of Uttam Nagar, Hastsal Road, DDA Flats and go towards outer Ring road vide road no. 236, Vikas Puri in red colour TATA Sumo having number plate no. UP14AF2314 and this information was conveyed to Insp.Raj Kumar who directed to take action against them. Thereafter, a raiding party consisting of himself, SI Manoj Kumar, SI Charan Singh, HC Ved Prakash, HC Sanjay Bhatti, Ct.Suresh, Ct.Shashi Kumar, Ct.Pramod headed by Insp.Raj Kumar was formed. This witness has further stated that at about 07:30 PM, they all left for Uttam Nagar, Hastsal road in two private Maruti Cars and one motorcycle. He has further stated that at about 08:00 PM, they reached at Road no. 236, near DAV School, D Block, Vikas Puri, Delhi. At about 08:40 PM, one red colour TATA Sumo came from the side of Uttam Nagar, Hastsal Road, DDA flats to Road no. 236, which was given indication for stopping near DAV School, but it did not stop.
Thereafter, they chased the said vehicle upto certain distance and intercepted by their vehicle near Lok Vihar DTC Bus stand. At 08:45 PM, SI Manoj Kumar succeeded in stopping the said SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 14/34 vehicle by his car from behind and other Maruti Car stopped the said vehicle from the front.
This witness has further stated that as soon as the said vehicle was stopped, accused Ramesh Tiwari, got down from the driver seat, carrying one country made pistol in his hand and fired at the police party headed by SI Charan Singh, however, the SI Charan Singh and other police staff escaped unhurt from the shot. Thereafter, SI Charan Singh also pulled out his service pistol for his protection and opened fire in the air in order to make the accused persons surrender to the police party. This witness has further stated that at the same time, SI Charan Singh with the help of Ct.Suresh overpowered accused Ramesh Tiwari and snatched the country made pistol from his right hand.
This witness has further stated that during incident, accused Somnath @ Vicky who was sitting on front seal, left side of TATA Sumo, got down from the TATA Sumo and ran towards the members of raiding party with a button knife and he attempted to stab the members of raiding party, however, he was overpowered by him. The knife was snatched by him from the right hand of the accused Somnath.
This witness has further stated that while getting down from the middle seat of the TATA Sumo, accused Babloo @ Arjun was also having a knife in his hand and he was apprehended by SI Manoj Kumar and the knife was snatched by SI Manoj Kumar.
This witness has further stated that accused Ramesh Kumar Tiwari was found in possession of one country made SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 15/34 pistol, one live cartridge and one fired cartridge. Accused Somnath was found in possession of one button actuated knife and accused Bablu Kumar was also found in possession of one button actuated knife. This witness has proved the sketch of knife, recovered from accused Bablu Kumar as Ex. PW4/A, seizure memo of the same as Ex. PW4/B after sealing the same with the seal of CSM and seizure memo of knife, recovered from accused Somnath @ Vicky as Ex. PW4/C. This witness has correctly identified accused Ramesh Tiwari and Somnath @ Vicky. This witness has also proved the seizure memo of TATA Sumo as Ex. PW1/C. This witness has further stated that one empty round of 9 mm fired by SI Charan Singh was picked up from the road and the same was seized vide memo Ex. PW4/D after sealing the same with the seal of CSM. This witness has further stated that thereafter rukka was prepared by SI Charan Singh and Ct.Suresh took the same to PS Vikas Puri for registration of the case. After getting the case registered, Ct.Suresh came back to the spot with the copy of FIR and original rukka and handedover the same to SI Krishan Kumar, who had reached the spot on the directions of Insp.Raj Kumar.
This witness has proved the Arrest memo of accused Bablu Kumar @ Arjun as Ex.PW4/E1, his personal search memo as Ex. PW4/E2, Arrest memo of accused Somnath @ Vicky as Ex. PW4/F1, his personal search memo as Ex. PW4/F2, personal search memo of accused Ramesh Kumar Tiwari as Ex. PW4/G SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 16/34 and disclosure statements of all the three accused persons as Ex. PW4/H, Ex.PW4/J and Ex.PW4/K. This witness has further stated that on 27.03.2009, in pursuance to the disclosure statements, accused Ramesh Tiwari led the police party to his jhuggi at W176/49, T Huts, near Fire Station, Kirti Nagar and produced three stolen mobile phones of different companies with IMEI numbers, which were seized vide memo Ex. PW4/L. He has further stated that accused Somnath led the police party to his jhuggi at 43, T Huts, near Fire Station, Kirti Nagar, Delhi and produced one stolen mobile phone make Nokia 1208 black colour with IMEI number and the same was seized vide memo Ex. PW4/M. He has further stated that accused Bablu Kumar @ Arjun led the police party to his Jhuggi at WHS, T Huts, near Fire Station, Kirti Nagar, Delhi and produced two stolen mobile phones of different companies with IMEI numbers and the same were seized vide memo Ex. PW4/N. This witness has identified the knife, which was seized vide memo Ex. PW4/B, as Ex.P.3, empty cartridge as Ex.P.2, photograph of TATA Sumo as Ex. PW2/A, two fake number plates of TATA Sumo as Ex. PW2/B (colly.), Mobile phone as Ex. P.5 and TATA Sumo as Ex. PW2/A.
12.PW6 ASI Bal Kishan has proved the copy of FIR as Ex.PW6/A and his endorsement on the rukka as Ex. PW6/B.
13.PW7 HC Subhash Chander has proved the entry in register no.19 at srl.no. 2055, photocopies of the same as Ex.PW7/A1 to Ex.PW7/A7 regarding deposition of 4 pullandas sealed with the SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 17/34 seal of CSM, one TATA Sumo vehicle, 6 mobile phones and personal search articles of accused persons on 26.03.2009 by SI Charan Singh of Spl.staff/West District.
This witness has deposed that on 04.04.2009, TATA Sumo and one mobile phone was handedover to HC Mange Ram vide RC no. 31/21/09. He has further deposed that on 06.04.2009, he issued RC no. 32/21, Ex.PW7/B for depositing one pullanda with the seal of CSM to FSL, Rohini through Ct.Devender. Ct.Devender deposited the pullanda with FSL and obtained acknowledgment vide Ex. PW7/C. He has further stated that on 18.06.2009, SI Krishan Kumar handedover him the FSL result with case property and he handedover the FSL result to SI Krishan Kumar.
14.PW8 ASI Kailash Chand has proved the copy of FIR bearing no. 86/09 as Ex. PW8/A, which was recorded by him on 15.03.2009 at about 11:45 PM, which was brought by Ct.Manohar Lal sent by ASI Sri Kishan.
15.PW9 SI Charan Singh has deposed that on the intervening night of 14/15.03.2009, one TATA Sumo was robbed on the gun point from PS Rajouri Garden and a case FIR no. 86/09 U/s 394/397 IPC has been registered and they deployed their informer in order to trace out the criminals involved in that offence. Through secret informer and their sources, they came to know that accused Ramesh Tiwari @ Nanku, Somnath @ Vicky, Bablu Kumar @ Arjun, Raju and Sanjay were involved in the said crime are resident of jhuggis near Kirti Nagar, Fire station. This witness has further stated that on 26.03.2009, at about 07:00 PM, secret SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 18/34 informer informed them that Ramesh Tiwari alongwith his associates would come in the robbed red colour TATA Sumo bearing no. UP14AF2314at about 08:30 PM from the side of Uttam Nagar, Hastal DDA Flats and go towards outer ring road vide Road no. 236 and made entry in DD register vide no. 6, Ex. PW2/A. This witness has further deposed that on the direction of Insp.Raj Kumar, a raiding party consisting of himself, SI Manoj Kumar, ASI Nirakar Sharma, HC Ved Prakash, HC Sanjay Bhatti, Ct.Suresh Kumar, Ct.Shashi Kumar, Ct.Pramod under the supervision of Insp. Raj Kumar was formed and they left the office at about 07:30 PM in two private Maruti Cars and one private motorcycle. At about 08:00 PM, they reached at Road no. 236, near DAV School, Vikas Puri, D Block, with secret informer. He has further stated that at about 08:40 PM, one red colour TATA Sumo was seen coming from the side of Uttam Nagar, Hastsal DDA flats, which was pointed out by the secret informer and he gave indication to TATA Sumo to stop but the driver did not stop the same. They immediately chased the vehicle which was over taken by them with a vehicle at a distance of about 300/400 mtrs. At a place near Lok Vihar Bus stand. He has further stated that his car over took the TATA Sumo and he alongwith Ct.Suresh Kumar got down from their Car. One of their raiding party Car was behind the TATA Sumo. As soon as they got down from their vehicle and the person who was sitting on the driver seat of TATA Sumo i.e.accused Ramesh Kumar @ Nanku pulled out one Dessi Katta and carrying the same in his right hand and he fired with SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 19/34 the same on him and the police party and in order to save himself and police staff, he pulled out his service pistol and fired a shot in the air and exhorted to the accused persons to surrender to the police as they have been surrounded by them.
This witness has further stated that accused Ramesh Kumar Tiwari was overpowered by him with the help of Ct.Suresh and they snatched the country made pistol from his hand and other staff also overpowered the other accused persons. He has further stated that on the search of accused Ramesh Tiwari, from his right side pant pocket, one live cartridge of 8 mm was recovered.
This witness has further stated that ASI Nirakar Sharma caught accused Som Nath @ Vicky who got down from the TATA Sumo with open knife in his hand with the intention to attack on the police party. From his right hand, one button actuated knife in open condition was snatched by ASI Nirakar.
This witness has further stated that accused Bablu Kumar @ Arjun who also got down from the middle seat of left side of the TATA Sumo with open knife in his hand with the intention to attack on the police party and he was caught by SI Manoj Kumar.
This witness has further stated that he prepared the sketch of country made pistol, one live cartridge and one fired cartridge which is proved as Ex.PW1/A. He filled up the FSL form and prepared the seizure memo Ex. PW1/B. He has also proved the sketch of knife, recovered from accused accused Somnath as Ex. PW5/A, its seizure memo Ex. PW4/C after sealing the same with the seal of CSM, sketch of knife, recovered from accused SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 20/34 Bablu Kumar as Ex. PW4/A, its seizure memo Ex. PW4/B after sealing the same with the seal of CSM, seizure memo of TATA Sumo as Ex. PW1/C. This witness has also proved the seizure memo of empty/fired round 9 mm which was fired by him with his service pistol as Ex. PW4/D. This witness has further stated that thereafter, he prepared rukka Ex. PW9/A and handedover the same to Ct.Suresh Kumar for getting the case registered and requested to handover the case to SI Krishan Kumar of Spl.Staff. This witness has identified country made pistol and two fired cartridges as Ex. P.1 (colly.), one fired cartridge of 9 mm as Ex. P.2, knife recovered from accused Bablu Kumar as Ex. P.3, knife recovered from accused Somnath as Ex. P.4, photographs of TATA Sumo as Ex. PX2/A and two fake number plates of TATA Sumo as Ex. PX2/B (Colly).
16.PW10 SI Krishan Kumar has deposed that on 26.03.2009 at about 10:00 PM, after receiving investigation of this case, he reached at the spot i.e.Road no. 2376, Lok Vihar Bus stop, Vikas Puri, Delhi and found SI Charan Singh alongwith other police staff and all the three accused persons namely Ramesh Kumar Tiwari @ Nanku, Somnath @ Vicky and Bablu Kumar @ Arjun and SI Charan Singh had handedover the custody of all the three accused persons to him alongwith the three sealed parcels and one TATA Sumo of red colour having number plates UP14AF2314. He has further stated that in the meanwhile, Ct.Suresh Kumar reached at the spot, after registration of the FIR SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 21/34 and he handedover copy of FIR and original rukka to him at the spot. Thereafter, he prepared site plan Ex. PW9/B at the instance of SI Charan Singh. This witness has proved the Arrest memos of accused persons as Ex.PW1/D, Ex. PW4/F1 & Ex. PW4/E1, their personal search memos as Ex. PW4/G, Ex. PW4/F2 & Ex. PW4/E2 and their disclosure statements as Ex. PW4/H, Ex. PW4/K and Ex. PW4/J. This witness has further stated that in pursuance to their disclosure statements, accused Ramesh Tiwari led the police party to his jhuggi and got recovered three mobile phones of Motorola, Nokia and Haier Company, which were seized vide memo Ex. PW4/L. Thereafter, accused Somnath led the police party to his jhuggi and got recovered a mobile phone make Nokia 1208 of black colour, which he stated to have robbed from the driver of TATA Sumo in the area of PS Rajouri Garden and the same was seized U/s 102 Cr.P.C. vide memo Ex. PW4/M. He has further stated that thereafter, accused Bablu Kumar led the police party to his jhuggi and got recovered two mobile phones of Reliance and Samsung Company, which he stated to have robbed from the area of PS Moti Nagar and Rajouri Garden and the same were seized U/s 102 Cr.P.C. vide memo Ex.PW4/N. This witness has identified two fake number plates as Ex. PW2/B(colly.) and mobile phone of Nokia as Ex. P.5.
17.It is contended by the ld. Counsel for the accused persons that accused persons were picked up on 14.03.2009 from their houses and story of encounter is concocted by the prosecution. The SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 22/34 intimation was not sent by the IO to the higher police officers. No number of the private cars and motorcycle is mentioned in the rukka. It is an admitted fact that no police official received any injury. In the site plan, no position is shown by the IO where the witnesses were present. No chance prints were taken from the TATA Sumo or from any of the weapon of offence recovered from the accused persons to show that the accused persons had ever used weapon of offence or they were driving the abovesaid vehicle in the area of Tagore Garden. No public person was joined in the proceedings. Numbar plater of the TATA Sumo was not produced in sealed condition. It is prayed that all the accused persons be acquitted.
18.On the other hand, it is contended by the Ld. Chief PP for the State that the testimonies of all the witnesses have not been shattered by the accused persons in their crossexamination. From the testimonies of PW1, PW4, PW5 and PW9, it is proved that accused persons came in a TATA Sumo having fake registration number plate i.e. UP14AF2314 and when the officials of spl.staff asked the accused persons to stop the vehicle, they did not stop. Accused persons fired at the police party and other accused Somnath and Bablu also attacked the police party with knives. Weapons were recovered from the possession of accused persons and result of FSL also shows that the empty cartridge was fired from the weapon recovered from the accused Ramesh Tiwari @ Nanku. It is prayed that all the accused persons be convicted.
SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 23/3419.I have heard Ld.Chief. P.P.for the State and Sh.Rakesh Rajmurti, ld.Counsel for all the accused persons and have perused the record carefully.
20.Now I am dealing with the contentions of the ld. Counsel for the accused persons one by one.
21.Admittedly the raiding party was prepared by SI Charan Singh alongwith Ct. Suresh Kumar, Insp.Raj Kumar, SI Manoj Kumar, ASI Nirakar, HC Ved Prakash, HC Sanjay Bhatti, Ct.Shashi Kumar and Ct.Pramod. The raiding party had left the office of Spl. Staff at 07:00 PM in two Maruti Cars and one Motorcycle. In the present case, PW1 Ct.Suresh Kumar, PW4 SI Manoj Kumar, PW5 ASI Nirakar Sharma and PW9 SI Charan Singh are the members of the raiding party. PW1 Ct.Suresh Kumar has given the minute details of the incident. PW1 Ct.Suresh Kumar has stated in his deposition that he alongwith SI Charan Singh, Insp.Raj Kumar and the informer were in a separate car and the remaining members were proceeded in another vehicle (Car). HC Sanjay Bhatti and Ct.Shashi were on motorcycle. Similar statements have been given by PW4 SI Manoj Kumar, PW5 ASI Nirakar Sharma and PW9 SI Charan Singh. Even all the abovesaid witnesses have stated that they all proceeded for the spot at about 07:30 PM and PW1 Ct.Suresh Kumar has categorically stated that they went to the spot via Gandha Nala and they reached at Road no. 236 at about 08:00 PM. PW1 Ct.Suresh Kumar has stated that SI Charan Singh had parked the car in front of the TATA Sumo vehicle and the second car was parked behind the TATA SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 24/34 Sumo vehicle and the TATA Sumo was made to stop. All the other witnesses i.e. PW4 SI Manoj Kumar, PW5 ASI Nirakar Sharma and PW9 SI Charan Singh also deposed on the same lines.
22.PW1 Ct.Suresh Kumar has stated that after stopping the TATA Sumo, accused Ramesh Tiwari @ Nanku while getting down from the driver seat, fired from a Dessi Katta towards the members of team and SI Charan Singh, but the bullet did not hit any members of the raiding party. SI Charan Singh has fired one shot in their defence. All the other witnesses PW4 SI Manoj Kumar, PW5 ASI Nirakar Sharma and PW9 SI Charan Singh have stated that SI Charan Singh had pulled out his service pistol and fired a shot in the air. One live cartridge was also recovered from the right pocket of the pant of accused Ramesh Tiwari. Accused Somnath was overpowered by ASI Nirakar Sharma and accused Bablu Kumar @ Arjun was overpowered by SI Manoj Kumar. All the other witnesses i.e. PW4 SI Manoj Kumar, PW5 ASI Nirakar Sharma and PW9 SI Charan Singh have stated that accused Ramesh Tiwari was overpowered by PW1 Ct.Suresh and PW9 SI Charan Singh. Accused Somnath was overpowered by ASI Nirakar Sharma and accused Bablu @ Arjun was overpowered by SI Manoj. PW1 Ct.Suresh Kumar also stated that the fired cartridge and live cartridge recovered from accused Ramesh Tiwari were kept in a plain paper and measurement of Katta was also done. This witness has also stated that one fired cartridge of 9 MM was lying on the road was also lifted. Other witnesses i.e. PW4 SI Manoj Kumar, PW5 ASI Nirakar Sharma and PW9 SI SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 25/34 Charan Singh have also stated that PW9 SI Charan Singh had fired in the air in his defence.
Nothing fruitful was extracted during the crossexamination of PW1. In the crossexamination, PW1 Ct.Suresh Kumar has stated that the registration number of the Maruti Cars in which they proceeded for the spot was 9868 and of the second car was probably 4515 and the motorcycle was of Pulsar make. This witness has even categorically stated that car bearing no. 9868 was driven by SI Charan Singha and another car was driven by SI Manoj Kumar. This witness has also stated that he proceeded from the office of Spl.staff at 07:30 PM and they were in civil dress. This witness has also stated in his crossexamination that one of the vehicle was before the TATA Sumo and one after it, to make it stop. This witness has also stated that the incident has taken place at about 08:40 PM. He has also stated in his cross examination that he was sitting on the rear seat behind the driver of the vehicle which stopped the TATA Sumo and the second car which was behind the TATA Sumo was stopped at a distance of about 12 feet.
23.PW4 SI Manoj Kumar also deposed on the lines of PW1 Ct.Suresh Kumar in his examination in chief. PW4 SI Manoj Kumar has stated that he succeeded in stopping the vehicle by his car from the behind and the other Car also stopped the TATA Sumo from the front. This witness also stated that accused Ramesh Tiwari was having country made pistol and he fired at the police party headed by SI Charan Singh. SI Charan Singh SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 26/34 escaped unhurt from the shot fired by accused Ramesh Tiwari and SI Charan Singh pulled out his service pistol for his protection and opened fire in the air in order to make the accused persons surrender to the police party. This witness has also stated that SI Charan Singh with the help of Ct.Suresh Kumar, overpowered accused Ramesh Tiwari @ Nanku and snatched the country made pistol from his right hand. This witness has also stated that one another boy i.e.accused Somnath got down from the front gate of TATA Sumo from the left side, with one opened knife in his right hand and ran towards the police party for the purpose of attack, but ASI Nirakar Sharma caught hold accused Somnath @ Vicky. This witness has also stated that accused Bablu @ Arjun was overpowered by him and he snatched the knife from his hand.
This witness even in the crossexamination has stated that they used two Maruti Cars and one motorcycle for going to the spot and SI Charan Singh received secret information at about 07:00 PM on 26.03.2009. Even PW4 SI Manoj Kumar has stated that which of the accused was apprehended by which member of the raiding party.
24.PW5 ASI Nirakar Sharma and PW9 SI Charan Singh have also deposed on the same lines of PW1 and PW4. In the cross examination of PW5, he has stated that the TATA Sumo was stopped at a distance of 300/400 mtrs. Even this witness has categorically stated in the crossexamination that SI Charan Singh was at a distance of about 10/15 mtrs., when accused Ramesh SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 27/34 Tiwari fired a shot towards him. This witness has also stated which of the accused was apprehended by which of the members of the raiding party.
25.PW9 SI Charan Singh has also stated in his examination in chief that TATA Sumo vehicle was over taken by the police party at a distance of about 300/400 mtrs. at a place near Lok Vihar Bus stand and his car over took the TATA Sumo. This witness has further stated that he overpowered accused Ramesh Tiwari with the help of Ct.Suresh Kumar and accused Somnath was overpowered by ASI Nirakar Sharma and accused Bablu Kumar @ Arjun was overpowered by SI Manoj Kumar. Even this witness has stated the number of one Car as DL9CJ9868 and also stated that the motorcycle was of Pulsar make.
From the testimonies of PW1 Ct.Suresh Kumar, PW4 SI Manoj Kumar, PW5 ASI Nirakar Sharma and PW9 SI Charan Singh , it can safely be concluded that all the accused persons on 26.03.2009 were chased by the members of the raiding party and they were apprehended. Accused Ramesh Tiwari @ Nanku fired towards the police party but bullet did not hit the police party. Accused Somnath attacked the police party with knife and he was apprehended by ASI Nirakar Sharma. Accused Bablu Kumar @ Arjun, who came from the rear seat to attack the police party with knife and was apprehended by SI Manoj Kumar. Nothing fruitful was extracted during the crossexamination of PW1 Ct.Suresh Kumar, PW4 SI Manoj Kumar, PW5 ASI Nirakar Sharma and PW9 SI Charan Singh to doubt their veracity. The testimonies of SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 28/34 PW1 Ct.Suresh Kumar, PW4 SI Manoj Kumar, PW5 ASI Nirakar Sharma and PW9 SI Charan Singh remained unshattered during their crossexamination.
26.It is contended by the Ld.counsel for the accused persons that IO did not send the secret information to the Sr.Police officers and this doubts the case of the prosecution.
PW2 HC Jai Bhagwan has placed on record DD no. 6 dt. 26.03.2009, which is proved as Ex.PW2/A and it shows that one secret informer has told that accused Ramesh Tiwari alongwith his companions will come in TATA Sumo at 08:30 PM from Uttam Nagar side and they will commit any kind of robbery. They were also having weapons and they have placed registration number of the vehicle as UP14 AF2314 and the TATA Sumo is robbed Car.
Perusal of the file further reveals that DD no. 6 is also on record and this shows that Insp.Raj Kumar, SI Charan Singh, Ct. Suresh Kumar, SI Manoj Kumar, ASI Nirakar, HC Ved Prakash, HC Sanjay Bhatti, Ct.Shashi Kumar and Ct.Pramod had left the office of Spl. Staff at 07:30 PM in their private vehicles. DD no.8 dt. 26.03.2009 shows that accused Ramesh Tiwari, Somnath and Bablu Kumar were apprehended at Road no. 236, near DAV School after encounter and they were apprehended with TATA Sumo, country made pistol, one live cartridge and fired cartridge and two button actuated knives.
If the secret information was not sent to the Sr. police officers, then the case of the prosecution cannot be doubted whereas minute details of the information/incident is mentioned SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 29/34 in DD no.6 and DD no.8. Thus, this contention carries no force.
27.It is contended by the ld.counsel for the accused persons that the fired bullet from the country made pistol was not recovered. Thus, it cannot be said that any shot was fired by the accused Ramesh Tiwari.
On the other hand, it is contended by the Ld.Chief PP for the State that if the fired bullet is not recovered then it shows that the encounter had taken place.
I fail to appreciate this contention of the ld. Counsel for the accused persons as if the fired bullet was not recovered from the place where the shooting had taken place, I am of the view that it strengthens the case of the prosecution that if a false case was registered against the accused persons, then the police party will definitely recover the led (fired bullet) from the spot. Thus, this contention carries no force.
28.It is also contended by the ld. Counsel for the accused persons that weapon which was recovered from the accused persons was sent to FSL, but there is no report to show the condition in which the weapons were sent and thus, it cannot be said that weapon of offence was working.
I fail to appreciate this contention of the ld.defence counsel as in the present case, the prosecution has also placed on record the result of FSL. Fired cartridge and country made pistol recovered from accused Ramesh, were sent to FSL and as per FSL report:
(1)The country made pistol .315" bore marked exhibit 'F1' SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 30/34 is designed to fire a standard 8 mm/.315"cartridge. It is in working order in its present condition. Test fire conducted successfully.
(2)The 8 mm/.315"cartridge marked exhibit 'A1' is live one and can be fired through .315"bore firearm.
(3)The 8 mm/.315"cartridge marked exhibit 'A1' was test fired through the country made pistol .315" bore marked exhibit 'F1' above and test fired cartridge marked as 'TC1'.
(4)The 8 mm/.315" cartridge case marked exhibit 'EC1" is a fired empty cartridge.
(5)The individual characteristics of firing pin mark and breech face marks present on evidence fired cartridge case marked exhibit 'EC1' and on test fired cartridge case marked 'TC1' were examined and compared under the comparison microscope model Leica DMC and were found identical. Hence exhibit 'EC1' has been fired through the country made pistol .315" bore marked exhibit 'F1'above.
(6)The exhibit 'F1'/'A1' & 'EC1' are firearms/ammunitions as defined in the Arms Act, 1959.
Thus, FSL report shows that the fired cartridge was fired from the country made pistol recovered from accused Ramesh Tiwari @ Nanku and this contention carries no force.
29.Moreover, PW9 SI Charan Singh had also fired in the air so that the accused persons can surrender and the fired bullet was recovered from the spot and this fact has also come in the deposition of PW1 Ct.Suresh Kumar, PW4 SI Manoj Kumar, PW5 SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 31/34 ASI Nirakar Sharma and PW9 SI Charan Singh.
30.It is further contended by the ld. Counsel for the accused persons that none of the police officials had received any injuries, thus, it doubts the case of the prosecution. He has placed reliance upon the Judgment Kamal Singh @ Kalu & Anrs. Vs. State of Delhi, 2013 (2) LRC 272(Delhi).
I have perused this Judgment with utmost regard. Facts of this judgment are distinguished from the case in hand. Thus, this judgment is not helpful to the accused persons.
I fail to appreciate this contention of the ld.defence counsel as testimonies of the members of the raiding party i.e. PW1, PW4, PW5 and PW9 remained unchallenged during their crossexamination. If no member of the police party is injured even then the prosecution case cannot be doubted and when it is proved that accused Ramesh Tiwari had fired towards the police party and other two accused persons namely Somnath and Bablu Kumar attacked the police party with knives. Thus, there is no substance in the contention of ld.defence counsel.
31.It is also contended by the ld. Counsel for the accused persons that there are discrepancies in the statements of the witnesses.
The ld. Counsel is not able to show any major discrepancy in the statements of members of raiding party.
Moreover in State of UP Vs. Naresh (2011) 4 SCC 324, it is held that discrepancies are bound to occur in the deposition of witnesses due to normal error of observation, lost of memory due to lapse of time or due to mental disposition such as shock and SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 32/34 horror at the time of occurrence.
In the present case, not a single major contradiction/discrepancy has been pointed out by the ld.defence counsel. Thus, this contention carries no force.
32.It is contended by the ld.defence counsel that no attempt was made to lift chance prints from the alleged live cartridge, fired cartridge, countrymade pistol and both the knives, thus, prosecution story is false.
I fail to appreciate this contention of the ld.defence counsel as there is direct evidence of the members of the raiding party i.e. PW1, PW4, PW5 and PW9 and all the witnesses in one voice have stated that accused Ramesh Tiwari @ Nanku had fired towards them. Accused Somnath and Bablu Kumra had attacked the police party with knives. Even if no chance prints were taken from the abovesaid articles, it has no helpful to the accused persons when members of the raiding party have stated about the direct involvement of all the accused persons in the incident. Thus, this contention carries no force.
Ld. Counsel for the accused persons has also placed reliance upon the Judgment State Vs. Sunil Kumar @ Sagar, 2015 (3) LRC 380 (Delhi) (DB).
I have perused this Judgment but this judgment is not helpful to the accused persons.
33. From the testimonies of PW1 Ct.Suresh Kumar, PW4 SI Manoj Kumar, PW5 ASI Nirakar Sharma and PW9 SI Charan Singh, it is proved that the accused persons obstructed SI Charan Singh and SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 33/34 other police officials in discharge of their duties and accused Ramesh Tiwari also fired at the police party and other coaccused attacked the members of police party with knives and TATA Sumo vehicle was recovered from their possession. Accordingly, all the accused persons namely Ramesh Tiwari @ Nanku, Somnath @ Vicky and Bablu Kumar @ Arjun are hereby held guilty and convicted for the offence u/s 186/307/353/411/34 IPC.
34.As country made pistol alongwith live cartridges were recovered and in the country made pistol, one fired cartridge from the possession of accused Ramesh Tiwari. Thus, accused Ramesh Tiwari has kept the country made pistol alongwith one live cartridge without any permit or license in contravention of Section 39 of Arms Act, 1959.
As the accused Bablu Kumar and Somath were found in possession of button actuated knife without any permit or licence in contravention DAD notification. Thus, all the three accused persons Ramesh Tiwari, Somnath and Bablu Kumar are hereby held guilty and convicted for the offence U/s 25/54/59 A.Act.
35.Further it is ordered that the case property of this case, if any, be disposed of/destroyed after expiry of period of filing appeal, if any.
They be heard on the Quantum of Sentence.
ANNOUNCED IN THE OPEN (NARESH KR. MALHOTRA)
COURT ON: 12.01.2016 ASJ05 (West), THC, Delhi.
SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 34/34
IN THE COURT OF SH. NARESH KUMAR MALHOTRA,
ADDITIONAL SESSIONS JUDGE05, WEST, TIS HAZARI COURTS, DELHI.
IN THE MATTER OF SESSIONS CASE NO.74/15 & Old No. 185/09 ID No. 02401R0244832009 FIR No. 92/09 P.S Vikas Puri U/S 186/353/307/411/34 IPC and 25/27/54/59 A.Act STATE VERSUS (1) Ramesh @ Nanku S/o Sh.Hanuman Dutt R/o Jhuggi No. WZ176/49, THuts, Near Fire Station, Kirti Nagar, New Delhi.
(2) Somnath @ Vicky S/o Sh.Radhey Shyam R/o Jhuggi No. 43, THuts, Near Fire Station, Kirti Nagar, New Delhi.
(3) Bablu Kumar @ Arjun S/o Sh.Mahesh @ Raju Paswan R/o Jhuggi, THuts,WHS, Near Fire Station, Kirti Nagar, New Delhi.
ORDER ON SENTENCE 14.01.2016 :
Present : Sh.R.K.Pandey, Ld. Chief P.P.for the State.
All the Convicts are in J/C. Sh.Rakesh Rajmurti and Sh.Nagender Singh, ld. Counsels SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 35/34 for all the Convicts.
Contd....2.
: 2 :
Arguments on the point of Sentence have been advanced. Sh.Rakesh Rajmurti, Ld. Counsel for the convicts has contended that all the convicts are labour class. It is further contended by the ld. Counsel that convict Ramesh Tiwari is married and having one son of 11 years and one daughter of 1 year. His parents, brothers and sisters are dependent upon him.
It is further contended by the ld. Counsel that convict Somnath @ Vicky is aged about 25 years. He is unmarried. His father has expired and mother is dependent upon him. He has also two brothers and one sister, who are also dependent upon him.
It is further contended by the ld. Counsel that convict Bablu Kumar @ Arjun is married and having one son. He is having parents, three brother and four sisters, who are also dependent upon him.
On the other hand, it is contended by the ld. Chief PP for the State that the prosecution has fully established its case. All the convicts have been identified by the PW1, PW4, PW5 and PW9, who were the members of raiding party, before the Court. Thus, no lenient view be taken against all the convicts.
I have perused the file.
In the present case, on the secret information, all the accused persons were apprehended after conducting raid. Accused Ramesh Tiwari @ Nanku had fired at the police party with country made pistol. Accused Somnath @ Vicky and Bablu Kumar @ Arjun had SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 36/34 also attacked the police party with knives. Accordingly, I am of the view that convicts are not entitled to any leniency. I deem it appropriate to sentence all the convicts namely Ramesh @ Nanku, Somnath @ Vicky and Bablu Kumar @ Arjun to undergo Rigorous imprisonment for a period of three months each for the offence U/s. 186/34 Contd....3.
: 3 :
IPC.
All the Convicts namely Ramesh @ Nanku, Somnath @ Vicky and Bablu Kumar @ Arjun are also sentenced to undergo Rigorous imprisonment for a period of one year each and fine of Rs.1,000/ each for the offence U/s. 353/34 IPC and in default of payment of fine, they shall further undergo SI for 15 days each.
All the Convicts namely Ramesh @ Nanku, Somnath @ Vicky and Bablu Kumar @ Arjun are also sentenced to undergo Rigorous imprisonment for a period of three years each and fine of Rs.2,000/ each for the offence U/s. 307/34 IPC and in default of payment of fine, they shall further undergo SI for 15 days each.
All the Convicts namely Ramesh @ Nanku, Somnath @ Vicky and Bablu Kumar @ Arjun are also sentenced to undergo Rigorous imprisonment for a period of two years each and fine of Rs.500/ each for the offence U/s. 411/34 IPC and in default of payment of fine, they shall further undergo SI for 10 days each.
All the Convicts namely Ramesh @ Nanku, Somnath @ Vicky and Bablu Kumar @ Arjun are also sentenced to undergo Rigorous imprisonment for a period of two years each and fine of Rs.1,000/ each SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 37/34 for the offence U/s. 25/54/59 A.Act and in default of payment of fine, they shall further undergo SI for 15 days each.
All the sentences of all the convicts shall run concurrently. Benefit of Section 428 Cr.P.C. be given to all the convicts. Copy of the Judgment and Order on Sentence be given to all the convicts free of cost.
File be consigned to record room.
ANNOUNCED IN THE OPEN (NARESH KR. MALHOTRA) COURT ON: 14.01.2016. ASJ05 (West), THC, Delhi.SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 38/34 SC No.74/15 FIR No. 92/09 State Vs.Ramesh @ Nanku etc. Page No. 39/34