Delhi District Court
State vs . Ram Sagar Etc. on 20 December, 2013
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IN THE COURT OF SH. HARUN PRATAP
METROPOLITAN MEGISTRATE12 (CENTRAL),
TIS HAZARI COURTS, DELHI - 110054
FIR No.140/05
PS - Lahori Gate
State Vs. Ram Sagar Etc.
Case ID No. 02401R0429172005
JUDGMENT
(a) Sr. No. of the Case 02401R0429172005
(b) Date of offence 19.04.2005
(c) Complainant Rattan Lal
(d) Accused 1.) Rama Shankar Mishra @ Lambu
S/o Sh. Ram Surat
R/o Village Halmal Beeta, PS Manka Pura,
Distt. Gonda, U.P.
2.)Prem Chander Mishra @ Chachu
S/o Sh. Manik Ram
R/o Village Halmal Beeta, PS Manka Pura,
Distt. Gonda, U.P.
3.)Ram Sagar @ Chotu @ Rahul
S/o Sh. Dinesh Rai
R/o Village Kushhar, PS Tariyani, Distt. Shiv
Har Bihar
(e) Offence 457/380/411 IPC
(f ) Plea of accused Pleaded Not guilty
(g) Final Order Acquitted
(h) Date of Institution 18.05.2005
(i) Date when judgment was 21.11.2012
reserved
(j) Date of judgment 20.12.2013
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1. Briefly stated, the case of the prosecution is that a theft was committed on 18.04.2004 at the house of the complainant bearing no.270 B, First Floor, Katra Peran, Tilak Bazar, Delhi. Suspicion was raised by the complainant against the accused working at his house and upon investigation made thereafter in this regard, the alleged stolen property was recovered from accused Ram Sagar, Ram Shankar Mishra and Prem Shankar Mishra. As per the version of the prosecution, the accused persons retained the stolen currency and jewellery knowingly or having reasons to believe that the same was stolen property and the accused persons thus committed offence u/s 457/380/411/34 IPC.
2. After completion of the investigation, chargesheet was filed by the police in the Court on 18.05.2005 and the copy of the challan alongwith annexures was supplied to the accused on their appearance thereafter in compliance of provision u/s 207 CrPC. Notice of the accusation for the offence u/s 411 IPC only was put to the accused persons separately on 24.06.2005, to which they pleaded not guilty and claimed trial. However, the accused namely Ram Sagar pleaded guilty voluntarily before the Court on 24.04.2006 and was accordingly convicted and sentenced to period already undergone in custody vide order dt. 24.04.2006 by the Ld. Predecessor Court and prosecution evidence was thereafter recorded in respect of the remaining two other accused namely Prem Shankar Mishra and Ram Shankar Mishra.
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PROSECUTION EVIDENCE
3. In order to prove the guilt of the accused, prosecution examined 11 witness:
4. The complainant namely Sh. Rattan Lal has been examined as PW1, who deposed that on 17.04.2005, he alongwith his other family members had gone to Rewari to attend a Jagran function at his brother's house. He deposed that when he returned to his house on 18.04.2005 at about 9pm, he found that main entry door was open and on checking further, he found that all the locks of the room were locked except the room where the cash and jewellery items were kept. He further deposed that he checked the room and found that the articles of household were lying in the room. Thereafter, he checked the almirah and the locker in the room and found that the cash and jewellery items were missing. He deposed that out of the total cash stolen amounting to Rs.18,02,000/, 4 packet were of Rs.1lac each and 25 packet of Rs.500/ each, while rest of the amount was in the denomination of Rs.100, 50 and 10. Thereafter, he found that 3 gold set weighing around 40 tolas, belonging to his daughter in law Nishu were also missing. He deposed that he called the police and his statement proved on record as Ex.PW1/A was recorded. Thereafter, he accompanied the police to the PS and told the police about his suspicion on domestic servant Chotu @ Rahul, who had the knowledge about the cash and jewellery being kept in the room. He further deposed that one diamond ring of his FIR No. 140/05 Page no.3 of 17 4 son was also stolen alongwith the gold set. PW1 further deposed that accused Raju ran away and was apprehended on the next day at Old Delhi Railway Station, with the help of police and an amount of Rs. 8,02,000/ alongwith a gold set was recovered from the accused Raju and his suitcase while rest of the cash and jewellery items were recovered from the accused Lamboo and Chachu whose real names were not known to him. He further deposed that he does not know how much cash and jewellery items were recovered from rest of two accused Lamboo and Chachu. Thereafter, he took cash and jewellery items on superdari from the Court. The said superdarinama has been proved as Ex.PW1/D and Ex.PW1/E. He was cross examined and discharged.
5. Smt. Nishu Aggawal has been examined as PW2, who deposed that on 18.04.2005, a theft had taken place at her residence and that her 3 gold sets were also stolen. She further deposed that she produced the two photographs to the police as Ex.PW2/A and Ex.PW2/B, wherein she was wearing the jewellery which was stolen from her house. PW2 deposed that on 23.04.2005, she came to Court no.247, Tiz Hazari, where she identified all the three set and one diamond ring belonging to her husband, in the chamber of the Ld. Presiding Officer, where the jewellery items were kept mixed with the other jewellery items. She was cross examined and discharged.
6. Smt. Poonam has been examined as PW3, who deposed that she was residing FIR No. 140/05 Page no.4 of 17 5 in the neighbourhood of the complainant Sh. Rattan Lal, where the accused Chotu @ Rahul used to work as domestic servant. She further deposed that the accused Raju went to his village and asked her about the job after returning back whereon she employed him in her house as domestic servant 810 days prior to the incident of theft. PW3 has further deposed that on the date of incident, the accused had taken leave from her on the pretext of illness of his mother to go to his village. She was cross examined and discharged.
7. ASI Kishan Singh has been examined as PW4, who deposed that on 18.04.2005, he was posted at PS Lahori Gate as ASI as DD writer. He further deposed that on that day, at about 10:04pm, he recorded the DD no.19 regarding theft and marked the same to ASI Brijmohan. He proved the said DD entry as Ex.PW4/A and was cross examined and discharged.
8. HC Satender Singh has been examined as PW5, who deposed that on 19.04.2005, he was posted at PS Lahori Gate as Duty Officer from 12 night to 8am. He deposed that at about 12:40am, he received a rukka sent by SI Ritesh Kumar through Ct. Jasbir and recorded the FIR no. 140/05 u/s 457/380 IPC. He proved the FIR as Ex.PW5/A and the endorsement on the rukka as Ex.PW5/B. He was cross examined and discharged.
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9. Ct. Jasbir Singh has been examined as PW6, who deposed that on 18.04.2005, he was posted as Ct. at PS Lahori Gate. He deposed that he alongwith SI reached the spot on receiving a call by the SI, where PCR officials were also present. PW6 deposed that IO recorded the statement of complainant and prepared the tehrir and sent him to PS alongwith the tehrir to get the case registered. After registration of the case, he returned to the spot and handed over the tehrir and copy of FIR to the IO whereon IO recorded his statement. He was cross examined and discharged.
10. Ct. Jai Prakash has been examined as PW7, who deposed that on 19.04.2005, he was posted as Ct. at PS Lahori Gate and at about 4am, he was going to his house after his duty off. He deposed that when he reached near house no.70B, Katra Pedan, SI Ritesh Kumr, SI Brij Mohan and complainant were found to be present there. He further deposed that IO interrogated the complainant as well as other persons who were present at the spot and the complainant produced one lock of Harrison to the IO, which was taken into police possession vide seizure memo proved on record as Ex.PW7/A. PW7 deposed that thereafter they went to gali Kangli Kasan, Fatehpuri in the search of the accused and coaccused, but accused persons were not found there and they returned to the PS. PW7 deposed that on the same day in the evening, they again went to that area and SI Naresh Kumar, who was also involved in the investigation, met them at chowk Lahori Gate and a secret information was received by SI Ritesh kumar that the accused namely Chotu was about to leave Old Delhi FIR No. 140/05 Page no.6 of 17 7 Railway Station for Bihar. Thereafter, they alongwith the complainant reached at Old Delhi Railway Station, where the complainant pointed towards the person who was having a suitcase and confirmed that the said person was Chotu. Complainant also identified his suitcase and the accused was apprehended and interrogated, who disclosed that his real name was Ram Sagar. The suitcase was opened and on being checked and it was found containing huge money and one set of necklace. The suitcase alongwith the currency (Rs.8,02,000/ in the denomination of 13 bundles of Rs.500, 14 bundles of Rs.100/, 2 bundles of Rs.50/ and 2 bundles of Rs.10) and jewellery had been converted into pulinda and sealed with the seal of RK. He also proved the seizure memo of the suitcase alongwith articles aforesaid as Ex.PW1/B. PW7 further deposed that they went to Sonia Vihar alongwith accused Chotu in search of the other coaccused and reached at Dusra Pusta, Sonia Vihar near house no.517, where accused Chotu pointed towards two persons sitting there and informed that they were Rama Shankar and Prem Shankar Mishra. Thereafter, the said persons were also interrogated and arrested vide arrest memo proved on record as PW7/A and Ex.PW7/B. He also proved the search memo of accused Rama Shanakar and Prem Shankar as Ex.PW7/C and Ex.PW7/D and further deposed that prior to going to Sonia Vihar, accused Chotu was arrested vide arrest memo proved on record as Ex.PW7/E. He also proved personal search memo of accused Chotu as Ex.PW7/F and the disclosure statements of accused as Ex.PW1/C, Ex.PW7/G and Ex.PW7/H respectively. PW7 deposed that accused Ram Shankar Mishra got one FIR No. 140/05 Page no.7 of 17 8 polythene recovered from his house which was having Rs.5lacs and necklace set. The currency in the said polythene has been stated to be in the denomination of 10 bundles of Rs.500/ which were converted into a pulinda and sealed with the seal of RK after taking into possession by the IO vide seizure memo proved on record as Ex.PW7/J. PW7 further deposed that accused Prem shankar Mishra also got one polythene recovered from his house which was kept under the trunk and the said polythene was having Rs.5lacs and necklace set wherein the currency was in the denomination of Rs.1000/ and Rs.500/. The said items were also converted into a pulinda and sealed with the seal of RK after taking into possession by the IO vide seizure memo proved on record as Ex.PW7/K. PW7 deposed that IO recorded the statement of witnesses and they returned at PS and on 20.04.2005, they went to the house of the complainant alongwith the accused where the accused Ram Sagar pointed out the place of theft vide memo proved on record as Ex.PW7/L. PW7 further identified the accused in the Court and the photographs of the currency and gold items as Ex.P4. PW7 also identified the suitcase as Ex.P1, lock as Ex.P2 and Jewellery box as Ex.P3. He was cross examined and discharged.
11. Sh. Sanjay Kumar Aggarwal, Ld. ASJ, Rohini has been examined as PW8 in this case, who deposed that on 20.04.2005 he was posted at Tiz Hazari as MM and application for conducting TIP of case property had been moved by the IO in the Court of Sh. P.K.Jain, MM which was marked to him. He further deposed that he FIR No. 140/05 Page no.8 of 17 9 fixed 27.04.2005 for conducting TIP proceedings on the application proved on record as Ex.PW8/A and he conducted TIP proceedings of case property after the production thereof by IO/SI Ritesh Kumar and complainant Smt. Nishu Aggarwal. The TIP proceedings have been proved by PW8 as Ex.PW8/B and he deposed that the case property was identified by the complainant correctly after removal from four pullindas. He was cross examined and discharged.
12. Inspector Naresh Kumar has been examined as PW9 who deposed that he was posted as SI at PS Lahori Gate on 19.04.2005 and was met by SI Ritesh and Ct. JaiPrakash at Lahori Gate chowk. He deposed that he joined the investigation of the case after the information was received by SI Ritesh and he went to the shop of the complainant alongwith the abovesaid two officials. He further deposed that he alongwith other two police officials as aforesaid and complainant reached at Old Delhi Railway Station main gate where the complainant pointed out the accused Ram Sagar @ Chotu @ Rahul who was thereon apprehended with one blue colour bag and grey colour attaichi by SI Ritesh Kumar. He deposed that the atachi was opened and it was found to be containing Rs.8,02,000/ cash, one golden colour necklace set and a diamond ring which were identified by the complainant. He also deposed that they proceeded for further investigation as per the disclosure statement of Ram Sagar and reached Sonia Vihar, Gali no.1 and the two other coaccused were apprehended near House No.517. He further deposed that one transparent FIR No. 140/05 Page no.9 of 17 10 polythene bag containing Rs.5lac(4 gaddis of 1000 denomination and 2 gaddis of 500 denomination) in cash and golden necklace set was recovered at the instance of accused Prem Shankar which was kept by him in an iron box at his house bearing no.
520. He deposed that the complainant identified the case property and a transparent polythene containing Rs.5lac (10 gaddis of 500 denomination), a golden necklace set and two earrings were thereafter recovered at the instance of accused Rama Shankar from his house no.517. He also identified the case property Ex.P1, P2 and P3. PW9 was cross examined and discharged.
13. HC Maha Singh has been examined as PW10, who deposed that on 19.04.2005, he was posted as MHCM at PS Lahori Gate. He deposed that on that day, IO handed over the sealed pulinda alongwith seizure memo to him and he made an entry in the register no.19 at 2581 proved on record as Ex.PW10/A.
14. Finally, SI Ritesh Kumar has been examined as PW11, who deposed that on 18.04.2005, he was posted at PS Lahori Gate. He deposed that on that day, on receiving the DD no.19A, he alongwith ASI Brij Mohan and Ct. Jasbir reached at H.No. 270 B, Katra Pedan, Tilak Bazar, Delhi where PCR van was already present there and he was met by complainant Rattan Lal. PW11 recorded the statement of complainant and also prepared the rukka after making endorsement and handed over the same to Ct. Jasbir for registration of FIR who thereafter went to the PS. He FIR No. 140/05 Page no.10 of 17 11 further deposed that he had called crime team on the spot and he had inspected the place and tried to collect finger prints from the spot and crime team had prepared SOS report and handed over the same to him. He deposed that he had also taken the photographs of the spot proved on record as Ex.PW11/A1 to Ex.PW11/A9. PW11 further deposed that after registration of FIR, Ct. Jasbir came back at the spot and handed over the copy of FIR and original rukka to him. Thereafter, he prepared the site plan proved on record as Ex.PW11/B at the instance of complainant and deposed that complainant had handed over him one broken bolt of the door with Harrison lock and the same was taken into possession vide a seizure memo. Complainant had also handed over the attested photocopy of registration of his firm as well as the proof of his stolen cash and the same was also taken into possession through seizure memo proved on record as Ex.PW11/C. Thereafter, he recorded the supplementary statement of complainant u/s 161 CrPC in which the complainant had given the details of the stolen cash Rs. 18,02,000 (in the denomination of 1000, 500 and 100) and he also recorded the statement of crime team u/s 161 CrPC. He further deposed that the daughter in law of the complainant namely Nishu handed over him two photographs in which she was wearing three different necklace set which were stolen and the said photographs were taken into possession vide seizure memo proved on record as Ex.PW11/D. He correctly identified the two photographs as Ex.PW1/E and Ex.PW11/F. He further deposed that in the evening of 19.04.2005, he had received a secret information that Ram Sagar would arrive at Old Delhi Railway Station to catch FIR No. 140/05 Page no.11 of 17 12 a train for his hometown with stolen property. Thereafter, he prepared a raiding party including Ct. Jai Prakash and complainant Rattan Lal with secret informer and went to the Old Delhi Railway Station. Thereafter, he had asked 45 public persons to join the raiding party but none agreed and left the spot without disclosing their identity. He further deposed that he could not serve the written notice to them due to lapse of time. He deposed that at about 06:45pm, secret informer had pointed out towards the person who was present at the main gate of Old Delhi Railway Station who was carrying one blue bag and briefcase and the abovesaid person was apprehended with the help of other raiding party members at the instance of secret informer. He further deposed that the said person was interrogated whereon the latter disclosed his name as Ram Sagar @ Chotu @ Rahul and also made a disclosure statement his involvement in the present case. PW11 also deposed that the accused Ram Sagar also informed thereon that two other persons namely Ram Shankar @ Lamboo and Prem Shankar, who were working with the complainant, had given him the information about the absence of complainant and his family. PW11 deposed that the accused Ram Sagar also informed him that he had stolen three golden necklace set, one diamond ring and Rs. 18,02,000/ in a briefcase and had taken the same to the house of the coaccused at Sonia Vihar, where they had distributed the said stolen property out of which accused Ram Sagar had received his share of Rs. 08,02,000/ with a golden necklace set and a diamond ring, while the other two accused had received their share of Rs.5 lac and one golden necklace set each. On FIR No. 140/05 Page no.12 of 17 13 the basis of the disclosure statement of accused Ram Sagar, PW11 reached at Sonia Vihar alongwith Ct. Naresh, Ct. Jai Prakash and the accused Ram Sagar whereon PW11 apprehended the other two coaccused on the identification of accused Ram Sagar. PW11 further deposed that the accused Prem Shankar and Rama Shankar confessed their involvement in the crime and he recovered the stolen property in one polythene bag at the instance of accused Rama Shankar from his house which was placed beneath the charpai/cot in his house no.517. The said polythene contained Rs.5lac and one gold necklace with two gold earrings. PW11 deposed that thereafter accused Prem Shankar also got recovered one polythene placed beneath one trunk in the room of his house no.520 and it contained Rs.5lac in cash alongwith one long necklace and two earrings. PW11 also identified the photographs of the case property proved on record as Ex.PW11/K1, Ex.PW11/K2, Ex.PW11/K3 and Ex.PW11/K4 apart from Ex.P1, P2 and P3.
15. The prosecution evidence was thereon closed by the Court vide order dated 26.08.2013 and the statement of the accused persons u/s 313 Cr.P.C. was also recorded by putting entire incriminating evidence to accused Rama Shankar and accused Prem Chander separately on 13.05.2013. The accused therein their statement denied all the allegations/evidence against them and stated that they have been falsely implicated in this case. The accused further expressed their wish not to lead any DE and the matter was fixed for final arguments straightaway accordingly.
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16. Final arguments heard. File perused.
APPRECIATION OF FACTS/CONTENTIONS/ANALYSIS AND FINDINGS:
17. In the present case, the prosecution has alleged that the accused Ram Sagar, who was employed with the complainant Rattan Lal, had committed theft of Rs.
18,02,000/ in cash and three gold sets alongwith one diamond ring. The case property was allegedly recovered from the accused Ram Sagar as well as accused Rama Shankar Mishra and Prem Shankar Mishra in this case during the investigation made by the police. Herein, the main accused namely Ram Sagar admitted his guilt by pleading guilty voluntarily on 24.04.2004 and has already been sentenced to period already undergone in custody by the Ld. Predecessor Court vide separate order of the even date. As far as allegations of recovery of stolen property from the other remaining two accused namely Rama Shankar Mishra and Prem Shankar Mishra are concerned, it is to be noted the prosecution case suffers from various infirmities and contradictions. It is to be noted that while PW7, PW9 and PW11 have deposed in their evidence that firstly the accused Ram Sagar was apprehended from Old Delhi Railway Station in the presence of the complainant and the remaining two coaccused were apprehended and recoveries were effected later on from them at Sonia Vihar but the complainant has specifically admitted during his cross examination that he was not present when the recoveries were effected by the police from the two coaccused as aforesaid. While the complainant in his testimony has FIR No. 140/05 Page no.14 of 17 15 specifically admitted that he never accompanied police to the house of the accused Rama Shankar and Prem Shankar but the other prosecution witness namely PW7, PW9 and PW11 have remained completely silent to this fact. Even otherwise, the police failed to make any independent witness to the alleged recovery effected from the two coaccused later on in this case and not even any efforts have been made by the IO to join public persons as witness to the alleged recovery thus making the same highly doubtful. PW7 has also admitted during the cross examination that he saw the recovery proceeding of the case property while standing at the gate of the house of the accused and that he did not enter the house but it is to be noted that the recoveries have been effected from under the cot and from under the iron box of the accused persons which makes it implausible to believe the version of the prosecution and especially the prosecution witness no.7. The PW9 has also deposed that the case property was recovered from the possession of the accused in a transparent polythene bag but during his cross examination he has stated that the case property was recovered from a white polythene bag.
18. Furthermore, there is a contradiction in the case property allegedly recovered from the two accused in this case as revealed on record during the testimony of PW7, PW9 and PW11. While PW7 has stated that cash amount and one necklace set was recovered from the two accused apiece, but PW9 has deposed that two earrings were also recovered from accused Rama Shankar Mishra apart from the cash amount and FIR No. 140/05 Page no.15 of 17 16 necklace set. PW11 has also deposed that cash amount alongwith necklace set and two earrings were recovered from the accused Rama Shankar and Prem Sharnka Mishra each but it is pertinent to mention that there is no mention of any earrings in the testimony of the complainant or in the testimony of PW7, thus raising reasonable doubt in the prosecution case. Moreover, PW11 has deposed during his testimony that accused Ram Sagar was apprehended at the instance of the secret informer but on the other hand PW7 and PW9 have deposed that accused Ram Sagar was apprehended at the instance of complainant only and both the said witnesses nowhere deposed about any secret informer in this case. The sequence of the events is also doubtful in this case as while PW7 and PW11 have deposed that arrest and search was made at Sonia Vihar, firstly, in the house of the accused Rama Shankar Mishra and then at the house of accused Prem Shankar Mishra, but PW9 has deposed to the contrary stating that recoveries were effected firstly from accused Prem Shankar Mishra and then from accused Rama Shankar Mishra.
19. It is further to be noted in this case that PW7 has deposed about proceeding to Gali Kangli Kasan in the morning of 19.04.2005 for search of the accused and co accused but it is very much relevant to note that at that point of time, there is nothing on record in form of any statement of complainant or other witness to show the involvement of the coaccused persons apart from accused Ram Sagar, against whom the suspicion was raised by the complainant at the beginning. The search FIR No. 140/05 Page no.16 of 17 17 made by the police official in the morning on 19.04.2005 for accused as well as other coaccused thus reeks of pre determined investigation and proceedings in this case as the involvement of other coaccused has allegedly come into light only on the arrest of accused Ram Sagar in the evening on 19.04.2005 as per the prosecution.
20. In view of the aforesaid discussion, the Court has no hesitation in hereby arriving at the finding that the prosecution case is full of contradictions and discrepancies and that the prosecution has not been able to prove its case beyond the shadow reasonable doubt. Both the accused persons thus stand acquitted in the present case for the offence u/s 411 IPC accordingly.
21. Bail bonds are cancelled and surety is discharged.
22. Superdarinama stands cancelled.
23. Original documents, if any, be returned to the respective parties against receipt after verification and on cancellation of endorsement as per rules.
File be consigned to the record room after due compliance.
Announced and Signed in the Open Court
on 20th day of December, 2013. (Harun Pratap)
MM12(Central)/THC/Delhi
20.12.2013
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