Delhi District Court
State vs Devender Singh @ Kali on 5 August, 2010
-: 1 :-
IN THE COURT OF DR. SUDHIR KUMAR JAIN, ASJ-01 (OUTER), ROHINI, DELHI
Sessions Case No. 67/09
FIR No. 588/06
PS S.P. Badli
U/s.307/342/34 IPC
Date of Institution: 28.7.2009
Date of Decision: 05.08.2010
State
Versus
Devender Singh @ Kali
S/o S. Teja Singh
R/o Gali No.13, Part-II,
Mukundpur, Delhi.
JUDGMENT:
1. Delhi, the capital of India is having large number of re-
settlement colonies in the rural area and the said re-settlement colonies are facing acute shortage of water. Rani, aged about 9 years was residing in the area of Mukundpur. Mahender is cousin of Rani. Rani on 12.7.2006 had gone to take water from the tanker which came in the gali (street) to supply water to the residents of the area. Rani and Devender were standing in the queue to take water. Rani was standing ahead of Devender. Devender pushed Rani, as a result of which Rani fell down. Devender also fell down on Rani. Rani received injuries on the back. Police was called. Devender ran away from the spot. On 13.7.2006, at State V. Devender Singh -: 2 :- about 11.00/ 11.30pm, Mahender was present in his house. Devender entered inside his house alongwith 8/10 persons including his nephew Lala. Devender was having sword in his hand. Lala were having lathi in his hand. Devender and his other associates attacked Mahender with sword and danda. They ran away from the spot. Mahender was taken to hospital. Police was informed.
2. SI Baljeet Singh alongwith Ct. Rohtash on 13.7.2006 after receipt of DD No.48B went to BJRM Hospital. SI Baljeet Singh obtained the MLC of Mahender who was declared fit for statement. Statement of Mahender (hereinafter referred to as injured) was also recorded. SI Baljit alongwith Ct. Rohtash went to the spot i.e. Gali No.13, Part-II, Mukundpur. Rukka was prepared. FIR bearing No. 588/06 u/s. 307/342/34 IPC at PS S.P. Badli was registered. Site plan was prepared, Devender could not be arrested.
3. Devender on 18.8.2006 at about 6.00pm was arrested (hereinafter referred to as "accused") on the basis of secret information. Sword stated to be used in the commission of offence was recovered at the instance of accused. Nature of injuries received by injured were opined as grievous by concerned Doctors. Exhibits were sent to FSL. SI State V. Devender Singh -: 3 :- Baljeet (hereinafter referred to as " investigating officer"), after completion of investigation, charge sheeted the accused for the offence punishable u/s. 307/342/34 IPC read with the Sections 27 Arms Act. Accused Paramjit @ Lala had surrendered in the court of concerned MM on 15.1.2007 and subsequently was formally arrested by investigating officer on 16.1.2007. Accused Paramjit @ Lala was also charge sheeted for the offence u/s. 307/342/34 IPC read with Section 27 Arms Act. The accused were supplied with the copies of charge sheet and annexed documents in compliance of Section 207 Cr.P.C.
4. Vide order dated 30.10.2006, the charge sheet pertaining to accused Devender Singh was committed to the court of Sessions. The charge sheet pertaining to accused Paramjit @ Lala was committed to the court of Sessions vide order dated 17.2.2007. Both the charge sheets were assigned to this court for trial in accordance with law.
5. Charge for the offence punishable u/s. 307/342/34 IPC was framed against accused Devender vide order dated 11.12.2006 by the Predecessor of this court. Accused Devender pleaded not guilty and claimed trial. Vide order dated 19.12.2006, the Predecessor of this court observed that charge for the offence punishable u/s. 452 IPC ought to have framed against the accused Devender @ Kali. Vide order dated State V. Devender Singh -: 4 :- 15.12.2007, accused Paramjit @ Lala was discharged. It was observed that accused Devender be tried on the basis of charges framed vide order dated 11.12.2006. In these circumstances, accused Devender @ Kali was charged for the offences punishable u/s. 342/307/34 IPC.
6. The prosecution examined HC Om Parkash as PW-1, Dr. Upender Kishore as PW-2, Dr. Seema as PW-3, Dr. Shipra Rampal as PW-4, injured / complainant Mahender Singh as PW-5, Hira as PW-6, Rani as PW-7 and SI Baljeet Singh as PW-8.
PW-1 HC Om Parkash being MHC(M) was entrusted with case property; PW-2 Dr. Upender Kishore gave the opinion regarding the sword stated to be weapon of offence; PW-3 Dr. Seema proved the MLC of injured; PW-4 Dr. Shipra Rampal examined the X-ray plates of injured Mahender Singh and found fracture in the left elbow of injured; PW-5 Mahender Singh is complainant / injured; PW-6 Hira is wife of injured; PW-7 Rani is cousin of injured; PW-8 being investigating officer conducted the investigation.
7. The prosecution proved relevant entries in register No.19 and photocopy of RC as Ex PW 1/A to Ex PW 1/C; MLC of injured and doctor's opinion as Ex PW 3/B and Ex PW 3/C; X-ray Reports as Ex PW 4/A and Ex PW 4/B and X-ray plates as Ex PW 4/P1-3; Complaint made State V. Devender Singh -: 5 :- by PW-5 Mahender Singh as Ex PW5/A; arrest memo of accused as Ex PW 5/B; personal search memo of accused as Ex PW 5/C; disclosure statement of accused as Ex PW 5/D; pointing out memo as Ex PW 5/E; sketch of sword as Ex PW 5/F; seizure memo of sword as Ex PW 5/G; DD No. 48A as Ex PW 8/A; rukka as Ex PW 8/B; site plan as Ex PW 8/C; seizure memo of blood sample of injured collected from the spot as Ex PW 8/D; opinion of Dr. Upender Kishore about weapon of offence as Ex PW 8/E; FSL report as Ex PW 8/F. The Prosecution evidence was closed vide order dated 21.8.2008.
8. The statement of accused was recorded u/s. 313 Cr.P.C.
wherein accused pleaded innocence and denied the incriminating evidence. Accused stated that PW-5 has withdrawn Rs. 60,000/- from the committee and due to which present case was got registered against him.
9. Accused preferred to lead defence evidence. Accused examined Desh Ratan Batra as DW-1. Defence evidence was closed vide order dated 11.2.2009.
10. Shri Girish Giri, APP for State and Shri R.K. Upadhyay, Advocate for accused heard. Record perused.
11. The case of prosecution is that on 13.7.2006 at about 11.00 am State V. Devender Singh -: 6 :- at H.No. 118, Gali No.13, Part-II, Mukundpur, Delhi within the jurisdiction of PS S.P. Badli, accused Devender alongwith co- accused Paramjeet @ Lala (since discharged) in furtherance of common intention caused stab injuries to PW-5 Mahender Singh with the help of sword and wrongfully confined PW-5 Mahender Singh.
12. As per the prosecution, on 12.7.2006, PW-7 Rani had gone to the street (gali) to take water from the tanker where the accused also standing in the queue at the back of PW-7 Rani. Accused pushed PW-7 Rani, as a result of which she fell down and received injuries. Police was called. Accused ran away from the spot. The prosecution to prove the incident which occurred on 12.7.2006 examined PW-7 Rani who supported the case of prosecution. PW-7 Rani deposed that she had gone to take water from the tanker where accused was also present. PW-7 Rani further deposed that accused was in the state of intoxication and gave leg blow to her on back as a result of which she fell down and received injuries. PW-7 Rani further deposed that police was called but accused ran away from there. PW-7 Rani was cross examined at length by the defence counsel but there is nothing which can discredit the testimony of PW-7 Rani. The testimony of Rani proved that on 12.7.2006, accused pushed her when she was taking water from water State V. Devender Singh -: 7 :- tanker, as a result of which she received injuries; police was called but the accused managed to run away from the spot.
13. The actual incident occurred on 13.7.2006. On 13.7.2006, accused Devender alongwith his cousin Paramjeet @ Lala (since discharged) and other 8/10 persons entered in the house of PW-5 Mahender Singh bearing No. 118, Gali No.13, Part-II, Mukundpur and at that time, accused and his other associates were having sword and lathi in their hands. Accused attacked PW-5 Mahender Singh with sword and caused injuries on his hand, head and legs. PW-6 Hira wife of PW-5 Mahender Singh was also present at that time. Prosecution also examined PW-6 Hira who also supported the case of prosecution. PW-6 also deposed that accused came to their house at about 11.00am alongwith 8/10 associates and thereafter they inflicted injuries to her husband PW-5 Mahender Singh. PW-6 further deposed that accused Devender @ Kali stabbed PW-5 Mahender Singh by sword on his hands, head and back. Police also came at spot and statement Ex PW 5/A was recorded. Accused was subsequently arrested on 18.8.2006 on the basis of secret information vide arrest memo Ex PW 5/B and sword Ex P-1 which was used in the commission of offence was also recovered at the instance of accused Devender @ Kali.
State V. Devender Singh -: 8 :-
14. The counsel for accused Devender argued that accused was falsely implicated in the case as PW-5 Mahender Singh had owned Rs.60,000/- from the accused in respect of committee and when the said money was demanded by accused Devender from PW-5 Mahender Singh then he implicated the accused in this case. The defence counsel also referred cross examination of PW-5. The defence counsel also disputed the recovery of sword at the instance of accused on 18.8.2006 in pursuance of disclosure statement Ex PW 5/D from the bushes near Mukundpur.
15. As already discussed hereinabove, the testimony of PW-7 proved that on 12.7.2006, accused pushed PW-7 Rani when she was standing in the queue for taking water from the tanker, as a result of which, she had received injuries. Police was called but at that time, accused managed to run away. The respective testimony of PW-5 and PW-6 proved that on 13.7.2006, accused alongwith 8/10 associates came with sword Ex P-1 to the house of PW-5 Mahender Singh and inflicted injuries on the head, hands and legs of PW-5 Mahender Singh. Accused himself inflicted injuries by using sword Ex P-1. PW-5 was taken to BJRM Hospital where he was medically examined vide MLC Ex PW 3/B and C. The concerned Doctor opined the nature of injuries as State V. Devender Singh -: 9 :- grievous. The perusal of MLC also reflects that injured has received the injuries on his back, leg and other parts of body.
16. The arguments advanced by the defence counsel considered. There is no force in the arguments advanced by defence counsel that the accused implicated as PW-5 Mahender Singh has to pay Rs.60,000/- to the accused. There is no documentary evidence to substantiate the said argument except the bare statement made by accused in statement u/s. 313 Cr.P.C. Regarding the recovery of sword Ex P-1 there is no doubt regarding the recovery of sword Ex P-1 and it was recovered in the presence of PW-5 Mahender Singh. Accused ran away from the spot and could only be arrested on 18.8.2006. The defence counsel has referred the FSL report Ex PW 8/F and stated that as per the FSL report Ex PW 8/F, the blood stains on sword could not be matched with the blood sample of PW-5 Mahender Singh. The perusal of FSL report Ex PW 8/F reflects that blood could not be identified on the sword as of PW-
5. However, the respective testimony of PW-5 Mahender Singh and PW- 6 Hira clearly proved that on 13.7.2006, accused entered in his house and caused injuries to PW-5 by using the sword Ex P-1 and the said injuries were grievous in nature.
17. The prosecution has proved its case u/s. 307/342 IPC against State V. Devender Singh -: 10 :- accused Devender beyond reasonable doubt. Hence accused Devender @ Kali is convicted for the offence punishable u/s. 307/342 IPC. Announced in Open Court on (Dr. Sudhir Kumar Jain) 5th August, 2010 ASJ-01(Outer), Rohini, Delhi State V. Devender Singh -: 11 :- IN THE COURT OF DR. SUDHIR KUMAR JAIN, ASJ-01 (OUTER), ROHINI, DELHI Sessions Case No. 67/09 FIR No. 588/06 PS S.P. Badli U/s.307/342/34 IPC ORDER ON SENTENCE 5.8.2010 Present: Shri Girish Giri, APP for State.
Convict Devender Singh in JC with Shri R.K. Upadhyay, Advocate.
Heard on the quantum of sentence. Convict Devender Singh is also heard on the quantum of sentence.
1. It is stated that convict Devender Singh is aged about 39 years and is married. Convict Devender Singh is having family comprising his wife and three children. It is further stated that antecedents of the convict are clear and no other case is pending against him. It is further stated that convict belongs to lower strata of the society and except him, there is no other person to look after his entire family. Counsel for convict stated that convict is first offender as such lenient view be taken against him.
2. APP stated that convict by using sword Ex P-1 caused injuries on the person of PW-5 Mahender Singh . It is further stated that convict Devender Singh entered alongwith 8/10 persons and thereafter gave beatings to PW-5 Mahender State V. Devender Singh -: 12 :- Singh. APP for the state stated that convict be awarded maximum punishment.
3. Convict is aged about 39 years. Convict is to maintain his family comprising of three children and wife and except the convict there is no other person to look after the family. Convict belongs to the lower strata of the society. The antecedents of the convict are clear. Convict be given one more opportunity to reform himself so that he can be the part of main stream of the society. On the other hand, convict also caused grievous injuries to PW-5 Mahender Singh by using sword Ex P-1. Perusal of record reflects that dispute between parties arisen out of trivial issues i.e for taking water from water tanker. Convict and injured are residing in the same locality.
4. After considering all the facts and particularly, considering the social and economic condition, convict is sentenced to rigorous imprisonment for the period of 6 months alongwith fine of Rs. 5,000/- in default SI for one month for the offence punishable u/s. 307/342 IPC. Convict Devender Singh be taken into custody. Committal warrant be issued. Convict be given benefit u/s. 428 Cr.P.C. Case property be confiscated to State. Copy of judgment and order on sentence be supplied to the convict free of cost. File be consigned to record room.
(Dr.Sudhir Kr. Jain) ASJ-01 (Outer)/Rohini/Delhi State V. Devender Singh