Delhi District Court
State vs . Ramesh & Ors. on 9 February, 2010
1
IN THE COURT OF SH. PARAMJIT SINGH : ADDL. SESSIONS JUDGE
(NORTH-WEST)-04, ROHINI/DELHI
(Sessions Case No. : 54/09)
State Vs. Ramesh & Ors.
FIR No. : 507/06
U/s : 399/402 IPC & 25 of Arms Act
P.S : Paschim Vihar
State Vs. 1. Ramesh @ Manna
S/o Sh. Deena Nath
R/o H.No. L-1341, Mangol Puri,
Delhi.
2. Mahender
S/o Sh.Mohan Lal
R/o H.No. L-1010, Mangol Puri,
Delhi
3. Chhannu
S/o Sh. Paul Sahib
R/o JJ Colony, Madipur,
Delhi
Date of institution of the case - 22.07.2006
Date of pronouncement of judgment -08.02.2010
2
JUDGEMENT
In the present case on 03.06.2006, a secret information was received by SI Ashok Kumar, Incharge: PP Miyanwali that five persons with illegal weapons would assemble at Park in front of dispensary R-Block, Jwalapuri, Delhi and on the said information, SI Ashok Kumar alongwith ASI Rajinder Singh, HC Hansraj, HC Jai Singh, HC Omkar Sharma, Ct. Suresh Kumar, Ct. Surinder, Ct. Mahavir, Ct. Kuldeep and Ct. Maha Singh went at the spot where accused Ramesh @ Manna, Chhannu and Mahender alongwith their co-accused Ramesh @ Pagal and Gaurav ( since PO) were apprehended and recovery of illegal weapons was made from them. Thereafter SI Ashok Kumar prepared a rukka (Ex. PW-3/L) and sent the same through Ct. Mahavir to P.S, which led to the registration of the present case vide FIR No. 507/06 at P.S:Paschim Vihar.
In brief, the case of the prosecution is that on 03.6.2006, at about 8:35 P.M, at DDA Park, behind MCD dispensary, R-Block Camp no.5, Jawala Puri Delhi, within the jurisdiction of P.S Paschim Vihar, all the three accused Ramesh @ Manna, Chhannu and Mahender alongwith their co-accused Ramesh @ Pagal and Gaurav (since PO) assembled at the 3 aforesaid park and were making preparation for the purpose of committing dacoity in the area of Sunder Enclave of P.S Paschim Vihar and all of them were armed with deadly weapons i.e country made pistol, buttondar knives etc. and they were apprehended by the above named police officials. It is also stated that buttondar knives were recovered from the possession of accused Ramesh @ Pagal (since PO) and accused Ramesh @ Manna, country made pistol and live cartridge were recovered from accused Gaurav ( since PO), an iron rod was recovered from accused Mahender and an iron cutter was recovered from the accused Chhannu.
2. On the completion of the investigation, the charge sheet was filed. After committal, the arguments on the point of charge were heard and on the basis of the material on record, charge for committing the offence punishable u/s-399/402 IPC was framed against all the above named accused persons. In addition to this, charges for committing the offence punishable u/s-25 of Arms Act were also framed against the accused Gaurav, Ramesh @ Pagal & Ramesh @ Manna by the Ld. Predecessor of this court. The accused persons pleaded not guilty to the respective charges 4 framed against them and claimed trial.
It is pertinent to mention here that during the trial of this case, accused Ramesh @ Pagal and Gaurav absconded and they were eventually declared as " Proalcimed Offenders".
3. In support of its case the prosecution has examined three witnesses i.e PW-1 and PW-3.
4. After recording of the prosecution evidence, statements of accused u/s-313 Cr. PC were recorded, wherein the accused-Ramesh @ Manna, Chhannu and Mahender admitted the case of the prosecution to be correct and voluntarily pleaded guilty to the respective offences alleged against them.
5. I have heard the arguments put forward by ld. Addl. PP and ld. Defence counsel and have carefully gone through the record of the case. I have also carefully considered the evidence adduced by the prosecution in support of its case.
5
6. In the present case, the perusal of the record reveals that in view of the testimony of PW-3 Insp. Ashok Kumar, the prosecution have been successful in bringing home the guilt against the accused- Ramesh @ Manna, Chhannu and Mahender for committing the offences punishable u/s-399/402 IPC and also for committing the offence punishable u/s-25 of Arms Act against accused Ramesh @ Manna, beyond the reasonable doubts.
PW-3 Insp. Ashok Kumar deposed that on 3.6.2006, he was posted as I/c PP Miyanwali Nagar of PS Paschim Vihar and on that day, he was present in his office at about 7:00 P.M., when one secret informer came to PP and informed him that 5 young persons, who were having illegal arms, would come to DDA Park R-block at about 8:00 P.M and they would plan for dacoity in the area and he reduced that information in writing vide DD No. 31 dated 3.6.2006 (Ex. PW-2/A) and same was informed to the SHO and senior officers. He further deposed that as per the directions of senior officers and SHO: P.S Paschim Vihar, he organized a raiding party consisting of himself, ASI Rajinder Singh, HC Hansraj, HC Jai Singh, HC Omkar Sharma, Ct. Suresh Kumar, Ct. Surinder, Ct. Mahavir, Ct. Kuldeep and Ct. Maha Singh and left the PP Miyanwali Nagar vide DD No. 32 6 dated 3.6.2006 (Ex. PW-2/B) and reached R-block in a private vehicle alongwith secret informer, where he requested 4-5 passers-by to join the raiding party, but none agreed and thereafter, Ct. Mahavir and informer were also briefed and sent inside the park and were asked to give signal as and when the above said 5 persons gathered in the park, by flashing the torch towards the members of raiding party after hearing their conversation. PW-3 deposed that members of raiding party were divided into four separate parties and ASI Rajinder was leading one of the parties, consisting of himself and Ct. Suresh and they were deputed towards the North side of the park, HC Jai Singh was leading another party, consisting of himself and Ct. Kuldeep and they were deputed towards the South side of the park, HC Hansraj was leading one party, consisting of himself and Ct. Surinder and they were deputed towards the West side of the park and HC Omkar Sharma was leading another party, consisting of himself and Ct. Maha Singh and they were deputed towards the Eastern side of the park. He further deposed that at about 8:00 P.M. two persons came there and sat near the Kacha Rasta in the said park and after 10 minutes, three other persons also 7 came in the park and they also sat beside the above said two persons and at about 8:30 P.M., Ct. Mahavir signaled them by flashing the torch and they surrounded the accused persons from all the sides and he challenged them not to run away as they had been surrounded by the police party, but all of them tried to escape from the spot and thereafter, he with the help of Ct. Mahavir apprehended their gang leader namely Gaurav and Ct. Mahavir informed him that accused persons were planning to commit dacoity at Sunder Enclave and Gaurav was telling the remaining accused that he had seen the house of a person who had huge money. PW-3 deposed that on formal search of accused Gaurav ( since PO), one country made pistol was recovered from his possession. He further deposed that ASI Rajinder and Ct. Surinder had apprehended one another person who disclosed his name Ramesh Kumar @ Pagal ( since PO) and on his formal search, one buttondar knife was recovered and HC Hansraj with the help of Ct. Suresh apprehended one person who disclosed his name Ramesh Kumar @ Mana and on his formal search one buttondar knife was recovered and he prepared the sketch of knife Ex. PW-3/A and thereafter, the said knife was measured 8 and its total length was 23.8 cm, length of blade was 11 cm, handle was of 12.8 cm and width of blade was 2.8 cm. and the said buttondar knife was kept in a pullanda and sealed with the seal of AK and the pullanda was given Sr. No.3 and the said pullanda was taken into possession vide seizure memo Ex. PW-3/B. PW-3 deposed that HC Omkar Sharma with the help of Ct. Maha Singh apprehended one person who disclosed his name as Chhannu and on his formal search one iron cutter was recovered and its sketch Ex. PW-3/C was prepared and on measurement, the total length of iron cutter was 25 cm, length of blade was 15.5 cm. and thereafter the said iron cutter was kept in a pullanda and sealed with the seal of AK and the pullanda was given Sr. No.5 and the said pullanda was taken into possession vide seizure memo Ex. PW-3/D. He further deposed that HC Jai Singh with the help of Ct. Kuldeep apprehended one person who disclosed his name Mahinder and on his formal search one iron rod was recovered and its sketch Ex. PW-3/E was prepared and on measurement, its total length was 41 cm. and the same was kept in a pullanda and sealed with the seal of AK and the pullanda was given Sr. No.4 and the said pullanda was taken into 9 possession vide seizure memo Ex. PW-3/F. PW-3 deposed that he also prepared the sketch of knife which was recovered from accused Ramesh @ Pagal and same was Ex. PW-3/G and on measurement, the total length of knife was 23.1 cm, length of blade was 10.5 cm, handle was of 12.6 cm and width of blade was 2.9 cm. and the said the buttondar knife was kept in a pullanda and sealed with the seal of AK and the pullanda was given Sr. No.2 and the said pullanda was taken into possession vide seizure memo Ex. PW-3/H. He further deposed that he also prepared the sketch of country made pistol and live cartridge which were recovered from accused Gaurav and same was Ex. PW-3/J and the said country made pistol was measured and the total length of barrel was 16 cm, length of body was 11 cm and butt was of 8.6 cm and the length of live cartridge was 7.6 cm. and the said country made pistol and live cartridge were kept in a pullanda and sealed with the seal of AK and the pullanda was given Sr. No.1 and the said pullanda was taken into possession vide seizure memo Ex. PW-3/K . PW-3 deposed that FSL form was also filled and Seal after use handed over to Ct. Mahavir. He further deposed that he prepared rukka Ex. PW-3/L and handed over the same to Ct. Mahavir with the request that after registration of the 10 FIR, further investigation be handed over to some other IO and accordingly, said constable went to PS and got registered the case vide FIR No. 507/06 (Ex. PW-1/A) and came back at the spot alongwith IO ASI Ram Gopal and he handed over all the recovered weapons alongwith their sketches and recovery memos to IO-ASI Ram Gopal, who prepared the site plan on his pointing out and said site plan was Ex. PW-3/M and thereafter, all the accused were arrested. PW-3 deposed that accused Ramesh @ Manna was arrested vide memo Ex. PW-3/N and his personal search was conducted vide memo Ex. PW-3/P, accused Mahinder was arrested vide memo Ex. PW-3/Q and his personal search was conducted vide memo Ex. PW-3/R, accused Chanu was arrested vide memo Ex. PW-3/S and his personal search was conducted vide memo Ex. PW-3/T, accused Ramesh @ Pagal was arrested vide memo Ex. PW-3/U and his personal search was also conducted vide memo Ex. PW-3/V and accused Gaurav was arrested vide memo Ex. PW-3/W and his personal search was also conducted vide memo Ex. PW-3/X. PW-3 identified the aforesaid country made pistol and live cartridge recovered from accused Gaurav (since PO) as Ex. P-1 and Ex. P-2. 11 He further identified the buttondar knives recovered from accused Ramesh @ Pagal ( since PO) and accused Ramesh @ Manna as Ex. P-3 and Ex. P-4. PW-3 also identified the iron rod recovered from accused Mahender and iron cutter recovered from accused Chhanu as Ex.P-5 and Ex. P-6 respectively.
The important fact is that the aforesaid material witness i.e PW-3 Insp. Ashok Kumar was cross examined on behalf of the accused persons, but nothing material has come on record which could assail the credibility or trustworthiness of this witness or which could be of any help to the accused. In his cross examination by the ld. Defence counsel, PW-3 denied the suggestion that they never visited the spot and all the writing work was done, while sitting in P.P Miyanwali. He further denied the suggestion nothing was recovered from accused persons or that alleged weapons were planted upon them after lifting them from their houses. He also denied the suggestion that he was deposing falsely.
7. The case of the prosecution have also been supported by the PW-1 HC Shankar Singh and PW-2 Ct. Sanjay Kumar Dahiya, 12 PW-1 HC Shankar Singh deposed that on 03.6.2006, he was working as Duty Officer at P .S Paschim Vihar and on that day on receipt of rukka brought by Ct. Mahavir and sent by SI Ashok Kumar, he recorded the FIR No. 507/06 of this case and he has proved the carbon copy of the said FIR as Ex. PW-2/A. PW-2 Ct. Sanjay Kumar Dahiya deposed that on 3.6.2006, he was working as DD writer at PP Miyanwali Nagar of PS Paschim Vihar and on that day at about 7:05 P.M., SI Ashok Kumar made a DD entry vide DD No.31 dated 3.6.2006 and accordingly, SI Ashok Kumar alongwith ASI Rajinder Singh, HC Hansraj, HC Jai Singh, HC Omkar Sharma, Ct. Suresh Kumar, Ct. Surinder, Ct. Mahavir, Ct. Kuldeep and Ct. Maha Singh left the PP Miyanwali Nagar, after they were briefed by SI Ashok Kumar vide DD No. 32 dated 3.6.2006. PW-2 has proved the true copies of the aforesaid DD No. 31 & 32 dated 03.06.2006 as Ex. PW-2/A and Ex. PW-2/B.
8. In the present case, in view of the testimony of PW-3 Insp. Ashok Kumar, the prosecution has been successful in proving the guilt of the 13 accused- Ramesh @ Manna, Chhannu and Mahender on record beyond the reasonable doubts. In addition to this, in their statements recorded u/s- 313 Cr. PC, the accused- Ramesh @ Manna , Chhannu and Mahender have also admitted the case of the prosecution to be correct and have voluntarily pleaded guilty to the respective offences alleged against them.
Hence, in view of the above and having regard to the fact and circumstances of the present case, I am of the considered opinion that the prosecution has been able to prove on record beyond the reasonable doubt that all the three accused Ramesh @ Manna , Chhannu and Mahender alongwith their co-accused assembled at DDA Park, behind MCD dispensary, R-Block, Camp no.5, Jawala Puri Delhi, within the jurisdiction of P.S Paschim Vihar and were making preparation for the purpose of committing dacoity in the area of Sunder Enclave of P.S Paschim Vihar and all of them were armed with deadly weapons i.e country made pistol, buttondar knives etc. and they were apprehended and a buttondar knife was recovered from the possession of accused Ramesh @ Manna which he was possessing without any licence in violation of the notification issued by Delhi Admn. Delhi. Accordingly, I hold the accused- Ramesh @ Manna , 14 Chhannu and Mahender guilty and convict them of the offences punishable u/s- 399/402 IPC and accused Ramesh @ Manna is also held guilty and convicted of the offence punishable u/s- 25 of Arms Act.
Now to come up for arguments on the point of sentence on 09.02.2010.
(Announced in the open ) (Paramjit Singh)
(court on 08.02.2010) Addl. Sessions Judge
(North-West)-04
Rohini/Delhi
15
FIR No.-507/06
PS : Paschim Vihar
08.02.2010
Present: Addl.PP for the State.
Accused Ramesh @ Manna on bail and Mahender & Chhannu in JC with their counsel Ms. Sadhna Bhatia ( Amicus Curie). Accused Gaurav @ Golu and Ramesh @ Pagal S/o Kanhiya Lal are PO.
PW-1 HC Shankar Singh , PW-2 Ct Sanjay Kumar Dahiya and PW-3 Insp. Ashok Kumar are present. They have been examined, cross examined and discharged.
At this stage, all the three accused Ramesh @ Manna , Mahinder and Chhannu submitted that they want to plead guilty to the offences alleged against them . Accordingly, the PE is closed. Statement of accused u/s-313 Cr. PC have been recorded, wherein accused persons have admitted the case of the prosecution to be correct and have voluntarily pleaded guilty to the offences alleged against them.
16Final arguments heard.
-2- Vide separate judgment , announced in the open court, accused Ramesh @ Manna, Mahinder and Chhannu have been convicted u/s-399/402 IPC and accused Ramesh @ Manna have also been convicted u/s- 25 of Arms Act.
Now to come up for arguments and order on the point of sentence on 09.02.2010, as requested.
(Paramjit Singh) ASJ (N-W)-04 Rohini/Delhi 08.02.2010 17 IN THE COURT OF SH. PARAMJIT SINGH : ADDL. SESSIONS JUDGE (NORTH-WEST)-04, ROHINI/DELHI (Sessions Case No. : 54/09) State Vs. Ramesh & Ors.
FIR No. : 507/06
U/s : 399/402 IPC & 25 of Arms Act
P.S : Paschim Vihar
ORDER ON THE POINT OF SENTENCE
In the present case, the convicts-Ramesh @ Manna , Chhannu and Mahender have been convicted u/s- 399/402 IPC and convict Ramesh @ Manna have also been convicted u/s- 25 of Arms Act.
I have heard the arguments on the point of sentence put forward by Ld. Addl. PP for the state and Ld. Defence counsel for the convicts.
2. It has been submitted by the Ld. Addl.PP that in view of the nature of offence, the convicts do not deserve any leniency and he prays that maximum sentence prescribed by the law may be imposed upon the convicts.
3. On the other hand, it has been submitted by the ld. Defence 18 counsel that the convicts-Ramesh @Manna, Chhannu and Mahender belong to poor families and are the sole bread earner of their respective families and there is none else to look after their families. She further submits that the convicts are not previous convicts and are having clean antecedents. Ld.defence counsel also submits that the convicts-Ramesh @ Manna and Chhannu have already remained in the custody for more than three years and convict- Mahender have also remained in custody for about two years during the investigation and trial of this case and she prays that a lenient view may be taken in this case.
4. I have carefully considered the submissions made by Ld. Addl. PP and ld. Defence counsel and have carefully gone through the record of the case.
5. In the present case, the convicts-Ramesh @ Manna , Chhannu and Mahender have been convicted u/s-399/402 IPC and convict Ramesh @ Manna have also been convicted u/s- 25 of Arms Act. Keeping in view the fact and circumstances of the present case and having regard to the nature of 19 offence and family circumstances of the convicts, I hereby sentence the convicts- Ramesh @ Manna, Chhannu and Mahender to undergo imprisonment for the period for which they have already remained in custody during the investigation and trial of this case u/s-399/402 IPC. Further, convict Ramesh @ Manna is also sentenced to undergo RI for two years u/s- 25 of Arms Act and the said period of RI shall be set off against the period of custody already undergone by him during investigation and trial of this case in terms of provisions of section-428 Cr.PC as both the sentences imposed upon convict- Ramesh @ Manna shall run concurrently.
Conviction warrants be prepared accordingly.
Copies of the judgment and order on the point of sentence be supplied to the convicts, free of cost.
File be consigned to the record room and it be re-summoned as and when accused Ramesh @ Pagal s/o Sh. Kanhiya Lal and Gaurav @ Golu, who are 'Proclaimed Offenders' are re-arrested.
(Announced in the open ) (Paramjit Singh)
(Court on 09.02.2010 ) Addl. Session Judge
(North-West)-04
Rohini/Delhi
20
FIR No.-507/06
P.S.- Paschim Vihar
09.02.2010
Present: Addl.PP for the State.
Convict-Ramesh @ Manna on bail and Mahender & Chhannu in JC with their counsel Ms. Sadhna Bhatia (Amicus Curie ). Accused Gaurav @ Golu and Ramesh @ Pagal S/o Kanhiya Lal are PO.
Arguments on the point of sentence, heard.
Vide separate order on the point of sentence, announced in the open court, the convicts-Ramesh @ Manna, Chhannu and Mahender have been sentenced to undergo imprisonment for the period for which they have already remained in custody during the investigation and trial of this case u/s-399/402 IPC. Further, convict Ramesh @ Manna have also been sentenced to undergo RI for two years u/s- 25 of Arms Act and the said period of RI shall be set off against the period of custody already undergone by him during investigation and trial of this case in terms of 21 -2- provisions of section-428 Cr.PC as both the sentences imposed upon convict- Ramesh @ Manna shall run concurrently. Conviction warrants be prepared accordingly.
Copies of the judgment and order on the point of sentence be supplied to the convicts, free of cost.
File be consigned to the record room and it be re-summoned as and when accused Ramesh @ Pagal s/o Sh. Kanhiya Lal and Gaurav @ Golu, who are 'Proclaimed Offenders' are re-arrested.
(Announced in the open ) (Paramjit Singh)
(Court on 09.02.2010 ) Addl. Session Judge
(North-West)-04
Rohini/Delhi