Delhi District Court
State vs . Alam S/O Sh. Munna on 14 December, 2013
IN THE COURT OF SH. T.S. KASHYAP
ADDITIONAL SESSIONS JUDGE-01, SPECIAL JUDGE (NDPS)
SHAHDARA DISTT. KARKARDOOMA COURTS, DELHI
Unique I.D. : 02402R0200802005
S.C. No. : 82/2012
FIR No. : 102/2005
Under Section : 394/397/34 IPC
Police Station : Seelampur
In the matter of
STATE Vs. ALAM S/o Sh. Munna
R/o Mohalla Qureshi,
Amroha, U.P. .................Accused
Date of allocation : 12.10.2012
Date of reserving judgment : 13.12.2013
Date of pronouncement : 14.12.2013
JUDGMENT
1. The accused Alam S/o Munna has been produced before this court for facing trial u/s 394/397/34 after his arrest on 27.09.2012 as earlier on 27.02.2009, he was declared proclaimed offender (PO) by my Ld. Predecessor who vide his judgment dated 27.10.20109 had convicted other two co-accused persons namely Guddu @ Navi Ahmed and Shadab stating that case file shall be revived again when accused Guddu @ Wasim (still PO) and accused Alam shall be arrested. Earlier, during trial on 13.03.2006, besides co-accused persons, accused Alam was also charged for offence u/s 394/34 IPC and u/s 397/34 IPC to which he had pleaded not guilty and claimed trial.
2. Earlier this accused and accused Guddu @ Wasim (still PO) were being produced from Moradabad Jail to face the trial of this case but FIR No. 102/05 PS Seelampur, 1 of 11 pages as per order-sheet dated 22.09.2008, they were reported to have absconded from Moradabad Jail and my the then learned predecessor issued Bailable Warrants in sum of Rs. 5,000/- against both these accused and subsequently, NBWs were issued against them and ultimately my the then learned predecessor vide order dated 27.02.2009 declared both these accused (including accused Alam) as Proclaimed Offender.
3. Brief facts of the prosecution case are that accused persons namely Guddu @ Wasim, Guddu @ Navi Ahmed, Shadab and Alam were sent for facing trial for offences punishable u/s 394/397/34 IPC and u/s 25/27 Arms Act on the allegations that on 18.02.2005, at about 11.26 p.m., an information was received from PCR regarding quarrel at Gali No. 2, Sweet House, Near Kalyan Cinema, Main Gate Chauhan Bangar, Delhi, and another information vide DD No. 33-A regarding firing incident was also received. ASI Mahesh Chand alongwith Ct. Jagdish reached at C-182/16-B, Gali No. 2, Chauhan Bangar and came to know that injured has already been removed to GTB Hospital. Leaving the constable to guard the spot, ASI reached at GTB Hospital from where he obtained MLC of injured Mohd. Shafiq and Saleem and recorded statement of Mohd. Saleem. In his statement Mohd. Saleem stated that he alongwith his father and mother were present at his house at first floor. His father was sleeping on the bed and he alongwith his mother was taking meals and watching TV. In the meantime, one boy aged about 22-23 years came with country-made pistol in his hand and asked them to raise the volume of TV. In the meantime, three more boys also came there. One was having country-made pistol and another was having knife and the boy who was having country-made pistol pointed out the same towards them and asked them to give whatever they were having. On hearing this, his father got up and objected to them saying FIR No. 102/05 PS Seelampur, 2 of 11 pages that they do not have anything. The boy who was having country- made pistol asked him to keep quiet and fired towards his father but the bullet hit the glass of the show-case and he hit the handle of the Katta on the head of his father and the boy who was having knife, removed the chain from his neck and tried to stab him. He saved himself with his hand which resulted in injury. They raised alarm and on this, accused persons started running. The boy who had fired, was apprehended by them while running and his name was revealed as Guddu S/o Sh. Tamiz Ahmed. In the meantime, public persons from the street came and they gave beatings to Guddu S/o Tamiz Ahmed. The other boy who was having Katta while running away was caught with jacket by the father of the complainant. He removed the jacket and managed to escape and he can identify the other boys. On inquiry from the apprehended boy accused Guddu @ Wasim, the names of co-accused persons were disclosed by him as Alam, Shadab and Guddu @ Navi Ahmed. On the basis of same, FIR was registered. The Katta recovered from accused Guddu @ Wasim was handed over to the police. Thereafter, police investigated the matter and launched search for other culprits. Accused Alam was found to have been arrested at PS Nozama, District J.P. Nagar, U.P., in case FIR No. 114/05, u/s 392 IPC. Accused Guddu @ Navi Ahmed surrendered himself in the court on 02.03.2005 and was arrested. Accused Shadab also surrendered in the court on 03.03.205 and was arrested. TIP of accused Guddu @ Navi Ahmed and Shadab was got conducted. Both of them were identified by Mohd. Saleem. The knife was recovered at the instance of accused Guddu @ Navi Ahmed. Subsequently accused Alam was also charge-sheeted by way of supplementary charge-sheet.
4. After supplying copies to the accused persons, case was committed to the court of sessions vide order dated 11.05.2005. My the then FIR No. 102/05 PS Seelampur, 3 of 11 pages learned Predecessor vide order dated 13.03.2006, framed charge for offences punishable u/s 394/34 IPC and u/s 397/34 IPC against all the 4 accused persons including the present accused Alam. Co- accused Guddu @ Navi Ahmed was also charged u/s 25 Arms Act besides co-accused Guddu @ Wasim who was also separately charged u/s 25/27 Arms Act. All the accused persons including accused Alam pleaded not guilty to the charge framed against them and pleaded guilty.
5. During trial as explained in para No. 2, accused Alam and accused Guddu @ Wasim were declared proclaimed offender. To prove its case, prosecution examined total 17 witnesses including 3 material witnesses. PW-1 complainant Salim @ Bobby proved his complaint and identified the case property in the court. PW-2 Smt. Kanwar Jahan, however, turned hostile on the point of identify of accused persons and PW-3 Mohd. Shafiq, father of the complainant was also examined. After completion of trial, vide judgment dated 27.10.2009, my the then learned predecessor convicted the accused Guddu @ Navi Ahmed and Shadab (who were available before the court for facing trial) for offences punishable u/s 394/34 IPC & u/s 397/34 IPC and vide order on sentence dated 29.10.2009, convict Shadab was sentenced to undergo RI for seven years alongwith fine of Rs. 10,000/- and convict Guddu @ Navi Ahmed was sentenced to undergo RI for 10 years with fine of Rs. 20,000/-. Vide order dated 29.10.2009, my Ld. Predecessor had ordered that case file shall be revived again when accused Guddu @ Wasim (still PO) and accused Alam shall be arrested and accordingly, on arrest of accused Alam, the present case has been revived.
6. Therefore, after arrest of accused Alam on 27.09.2012, trial was again initiated against him, and on 23.11.2012, additional charge u/s FIR No. 102/05 PS Seelampur, 4 of 11 pages 174-A IPC was also framed for which he pleaded not guilty and claimed trial and case was adjourned for prosecution evidence (PE).
7. In support of its case against accused Alam after his arrest, prosecution examined following 13 witnesses:-
i). PW-1 HC Rupesh Baliyan of PS Malviya Nagar has proved the arrest of accused Alam as PO vide arrest memo Ex. PW1/B. He proved Kalandara u/s 41.1 (c) Ex. PW1/C, prepared by him in respect of accused Alam. He also proved DD No. 49-B the Ex.
PW1/PA which was got lodged by him at PS Malviya Nagar besides DD No. 14-A got lodged by him at PS Seelampur regarding information of arrest of accused Alam.
ii). PW-2 Mohd. Shafiq, father of complainant and eye-witness of occurrence of robbery and injury caused to him and his son complainant by accused persons.
iii). PW-2 (sic) Smt. Kanwar Jahan, wife of PW-2 and eye-witness of the occurrence; PW-3 Retired SI Surajmal the second IO who also deposed on behalf of the first IO/ ASI Mahesh Chand (expired now).
iv). PW-3 Retired SI Surajmal the second IO had obtained the copy of FIR No. 114/05, u/s 392 IPC, FIR No. 133/05 u/s 307 IPC and FIR No. 134/05 u/s 25 Arms Act from PS Naugaun in which cases accused Alam was lodged in Moradabad Jail. Accused Alam was produced on production warrants before concerned court of PS Seelampur where he was arrested in this case by the first IO/ ASI Mahesh Chand (expired now). This witness being conversant with the handwriting and signatures of IO/ASI Mahesh Chand proved the documents prepared by him i.e. Ex. PW-17/A, PW1/C, PW1/D, PW1/E, PW1/G, PW1/B, PW17/B, PW9/C, PW9/A and PW9/B. FIR No. 102/05 PS Seelampur, 5 of 11 pages
v). PW-4 HC Dal Singh the Duty Officer proved DD No. 33-A the Ex.
PW2/A recorded by him regarding quarrel at Gali No. 2, near Chand Cinema, Seelampur.
vi). PW-5 Dr. L. Upreti had examined CT scan of patient Mohd. Safiq and proved his report Ex. PW4/A.
vii). PW-6 ASI Inder Pal the MHC(M) proved the relevant entries regarding case property deposited with him.
viii). PW ASI Siyanand the Duty Officer, PS Seelampur proved the present case FIR Ex. PW-7/A recorded by him besides his endorsement Ex. PW7/B thereon.
ix). PW-8 Dr. Parmeshwar Ram proved MLC No. B-418/05 dated 18.02.2005 of injured Safiq and MLC No. 439/05, dated 19.02.2005 of injured Mohd. Salim.
x). PW-9 Dr. Ajay Kumar, SR from GTB Hospital proved the opinion given by Dr. Manish Gupta on the Ex. PW-13/A i.e. MLC No. 418/05, dated 18.02.2005 of injured Safiq.
xi). PW-10 Insp. Rakesh Kumar, Incharge Crime Team proved the crime report Ex. PW-11/A, prepared by him. On receipt of information at about 12.25 a.m., on 19.02.2005 from PS Seelampur, he had visited the spot i.e. C-182/16-B, Gali No. 2, Chauhan Banger, Kalyan Cinema Wali Gali, Delhi.
xii). PW-11 HC Sushil Kumar the constable/ photographer of crime team proved photographs Ex. PW16/A1 to Ex. PW16/A4 taken by him at the spot at C-182/16-B, Gali No. 2, Chauhan Banger, Delhi. He also proved negatives Ex. PW16/B1 to Ex. PW16/B4 of the said photographs.
xiii). PW-12 Ct. Mahipal Singh on 30.03.2005 had deposited 4 sealed parcels of this case with the FSL after collecting the same from FIR No. 102/05 PS Seelampur, 6 of 11 pages MHC(M) vide RC No. 295/21/05. He deposed that so long as the parcels remained with him they were intact and were not tampered in any manner.
8. On 13.12.2013, the case was fixed for prosecution evidence when 3 witnesses namely Insp. Rakesh Kumar, HC Sushil Kumar and Ct. Mahipal were present. They were examined as PW-10, PW-11 and PW-12 respectively and now matter was to be adjourned for further evidence but accused Alam submitted that he wants to plead his guilt. Accordingly, his statement was recorded wherein he stated as follows :-
"I voluntarily want to plead guilty for the charges framed against me u/s 394/397 and 174-A IPC. I have already moved application dated 07.11.2013 Ex. AW-1 in this regard which bears my signatures at point A. I have remained in judicial custody since 26.04.2005 till 24.07.2008 and thereafter from 27.09.2012 till date. I pray that a lenient view may kindly be taken and I may kindly be released."
9. In view of the statement of accused voluntarily made by him pleading guilty and for a lenient view, his statement u/s 313 Cr.PC is dispensed with.
10. I have heard Sh. A.K. Mishra, Ld. Addl. PP for State and Sh. Vineet Lakhani, Ld. Advocate from DLSA for accused and gone through the record. I have considered the above statement made by the accused pleading his guilt.
11. Ld. Additional Public Prosecutor has submitted that eye-witnesses PW-2 Mohd. Shafiq and PW-2 (sic) Smt. Kanwar Jahan have deposed against the accused Alam and have proved the offence of robbery committed by accused Alam and injuries caused by PW-2 Mohd. Safiq FIR No. 102/05 PS Seelampur, 7 of 11 pages and to his son the complainant. They both have identified the accused Alam in the court and therefore, prosecution case fully stands proved against the accused Alam. During committing robbery, he was carrying deadly weapon i.e. pistol and he hit the but of pistol on the head of PW-2 Mohd. Safiq and therefore, he be convicted for offence u/s 394/397/34 IPC. Moreover, earlier accused Alam absconded for more than three years during trial and subsequently arrested as PO and therefore, he is also liable to be convicted for offence u/s 174-A IPC.
12. In this case, after arrest of accused Alam, prosecution has examined 13 witnesses including eye-witnesses.
PW-2 Mohd. Shafiq, is the father of complainant Mohd. Salim and is the eye-witness of occurrence of robbery committed by accused persons including accused Alam in his house on 18.02.2005. While committing robbery, accused persons had caused injury to this witness and to his son the complainant. This witness deposed that the boy who was having knife had given knife blow to his son which resulted into amputation of his son's finger and his son had apprehended the said boy. He also deposed that the boy who was having the pistol when apprehended by him gave a blow on his head with the handle of the pistol which resulted into seven stitches on his head. The boy having knife managed to escape by removing his jacket and that jacket has been identified by this witness in the court produced by the MHC(M). He identified accused Alam in the court stating that he was the same boy who committed robbery in his house. This witness also identified jacket Ex. P-4 worn by accused Alam by removing which he managed to escape from the spot.
13. PW-2 Smt. Kanwar Jahan is the wife of injured PW-2. She proved the FIR No. 102/05 PS Seelampur, 8 of 11 pages occurrence and identified the accused Alam by pointing out towards him as the assailant who had fired bullet upon her husband and had hit but of the pistol on the head of her husband. She identified jacket P-1 which the accused had removed from his person and managed to escape. She also identified the pistol P2 as the same from which the bullet was fired upon her husband and but of the same was hit by the accused on the head of her husband. She also identified pieces of glass of showcase of the almirah as Ex. P3 which were broken due to hitting of bullet fired by the accused.
14. PW-2 Mohd. Shafiq father of the complainant is an eye-witness who has identified the accused. PW-2 (sic) Smt. Kanwar Jahan has also corroborated the occurrence. Other witnesses have proved the proceedings. The accused Alam had absconded after framing of charge and was re-arrested and additional charge u/s 174-A IPC was framed against him. He has moved application for plead of guilty and made statement voluntarily pleading guilt for all charges. Therefore, keeping in view that sufficient evidence has come on record against accused Alam for offences u/s 394/397/34 IPC and u/s 174-A IPC who has also voluntarily pleaded guilty, he is held guilty and convicted for the said offences.
Announced in the open court (T.S. KASHYAP)
today on December 14th, 2013 ASJ-01/Spl. Judge (NDPS)
Shahdara Distt., Delhi
FIR No. 102/05 PS Seelampur, 9 of 11 pages
IN THE COURT OF SH. T.S. KASHYAP
ADDITIONAL SESSIONS JUDGE-01, SPECIAL JUDGE (NDPS) SHAHDARA DISTT. KARKARDOOMA COURTS, DELHI Unique I.D. : 02402R0200802005 S.C. No. : 82/2012 FIR No. : 102/2005 Under Section : 394/397/34 IPC Police Station : Seelampur In the matter of STATE Vs. ALAM S/o Sh. Munna R/o Mohalla Qureshi, Amroha, U.P. .................. Convict ORDER ON SENTENCE
1. Vide my separate judgment dated 14.12.2013, accused Alam has been convicted for commission of offence punishable u/s 394/397/34 IPC and u/s 174-A IPC.
2. I have heard submissions on the point of sentence from Sh. A.K. Mishra, Ld. Additional Public Prosecutor and from Ld. Defence Counsel.
3. On behalf of convict, it has been submitted by Ld. Counsel that the convict Alam is 27 years young married man having wife and 2 minor children aged 6 years and 2 years to look after. Besides, he also has the responsibility of his old aged parents and one minor younger brother aged 14 years. He is the only earning member of his family.
It is also submitted that convict Alam is in judicial custody from the date of his re-arrest as Proclaimed Offender i.e. 27.09.2012. He had also remained in jail earlier during trial for more than three years. Ld. Defence Counsel further submits that in view of the long period of detention of FIR No. 102/05 PS Seelampur, 10 of 11 pages accused in jail and keeping in view his plea of guilt, a lenient view is prayed and therefore, convict Alam be sentenced for the period already suffered by him in jail.
4. Ld. Addl. PP on the other hand has submitted that convict Alam has been held guilty for offfences punishable u/s 394/397/34 IPC and u/s 174-A IPC and has remained in jail for the period mentioned above and court may take this fact into consideration.
5. The convict has been held guilty and is convicted for commission of offences punishable u/s 394/397/34 IPC and u/s 174-A IPC. Perusal of record reveals that convict Alam is in judicial custody from the date of his re-arrest as Proclaimed Offender i.e. 27.09.2012 and he has also remained in judicial custody earlier during trial from 26.04.2005 till September 2008 i.e. for more than three years and 4 months. Keeping in view these facts, the interest of justice shall be met if the convict Alam is sentenced to undergo imprisonment for the period already suffered by him in jail. Ordered accordingly. Convict Alam be released from jail, if not required in any other case.
6. Copy of 'judgment' and this 'order on sentence' be given to the convict free of cost.
Announced in the open court (T.S. KASHYAP)
today on December 14th, 2013 ASJ-01/Spl. Judge (NDPS)
Shahdara Distt., Delhi
FIR No. 102/05 PS Seelampur, 11 of 11 pages