Delhi District Court
The State vs Sh. Raj Kumar @ Mulla S/O Sh. Sohan Singh on 6 May, 2011
IN THE COURT OF SH. GURDEEP SINGH
ADDL. SESSION JUDGE-04, NORTH-EAST DISTRICT
KARKARDOOMA COURTS, DELHI.
FIR No. : 442/05
PS : Welcome
U/s : 392/397/120-B/34 IPC
Session Case No. : 07/2011
Date of Institution : 21/10/05
Date of Committal : 10/05/06
Date on which reserved for : 06/05/11
order
Date of delivery of : 06/05/11
judgment
In the matter of
The State
Versus
Sh. Raj Kumar @ Mulla S/o Sh. Sohan Singh
R/o 1/10707, Gali No.3, Subhash Park
Naveen Shahdara, Delhi.
....ACCUSED
JUDGMENT
1. Accused Raj Kumar @ Mulla was sent up for trial by police of PS Welcome to stand trial for offence punishable u/s 392/397/120-B/34 IPC on the allegation that on the night of 29/30.08.2005, an information regarding loot of money was received vide DD No. 29A, on which ASI Mukut Lal alongwith Ct. Mohan Lal reach at the spot i.e. Red Light, Keshav Chowk, FIR No. : 442/05, PS : Welcome Page 1 of 7 Near Shyam Lal College, Shahdara Delhi, where complainant Bhure Singh, met who got his statement recorded. He stated in his statement that on 29.8.2005 at about 2:00 pm, after taking Rs.21000/- from Rajesh Babu, came to Delhi from Narwana and while returning, at about 11:30 pm he boarded a private bus bearing registration no. DL-1PB-4414, Route No. 221 from Morigate to go to Anand Vihar and when at about 12:00 mid night the bus stopped before Seelampur Flyover, three boys between age group of 22 to 25 boarded the bus and stood beside conductor on back seat and started talking with conductor. While the bus was going over the flyover, the conductor held him by his hand making him to stand and asked him to sit on the front seat and when he refused he forcibly made him to stand. In the meantime, one boy put knife on his neck and other boy held him from behind and third boy started removing Rs.11000, kept in his pocket. He raised alarm to conductor and driver to stop the bus and that police vehicle is standing outside and these boys are removing his money, but they did not stop the bus and conductor told driver that go ahead, go ahead. Thereafter the boy who had removed money from his pocket, gave signal (isara kiya) to driver to stop the bus. On this driver slowed down the bus and those boys got down from the bus and ran away. He immediately jumped from the bus and went to the police vehicle, which was stationed near the red light and told them that driver and conductor got his Rs.11000/- looted. The driver of the bus was Rajesh and conductor was Asif. They were arrested and subsequently accused Kishan Chand, Raj Kumar @ Mulla and FIR No. : 442/05, PS : Welcome Page 2 of 7 Dharampal @ Dharama were arrested. Accused Kishan Chand was wrongly identified in test identification parade (TIP). Accused Dharampal was not identified in TIP and other accused Raj Kumar @ Mulla had refused to participate in the TIP. After the completion of the investigation the chargesheet was filed in the court of Ld. MM.
2. After supplying the necessary copies, the case was committed to court of session vide order dated 10.05.2006 by Ld. MM.
3. My Ld. Predecessor vide order dated 17.7.2006, after finding prima facie, charged the accused persons viz. Rajesh and Asif for offence punishable u/s 392/397 read with 120 B IPC to which they pleaded not guilty and claimed trial. Ld. Predecessor also separately charged accused Kishan Chand @ Kabra, Dharam Pal @ Dharma and Raj Kumar @ Mulla for offence punishable u/s 392/34 IPC and 397/34 IPC, to which they also pleaded not guilty and claimed trial.
4. During the course of trial accused Rajesh Kumar died and accused Raj Kumar @ Mulla absconded and eventually vide order dated 22.4.2009, the accused was declared proclaimed offender (PO).
5. Vide judgment dated 09.04.2010, accused Asif, Kishan Chand and Dharampal were acquitted from the charges and the file was consigned to record room with the direction to be revived again on or after the arrest of accused Raj Kumar @ Mulla who was Proclaimed offender.
6. Later on, accused Raj Kumar @ Mulla was arrested as proclaimed offender and produced before the court of Ld. M.M on 18.01.2011 and the trial of this case was again commenced FIR No. : 442/05, PS : Welcome Page 3 of 7 against him.
7. Accused Raj Kumar @ Mulla was arrested as Proclaimed offender. He was declared proclaimed offender vide order dated 22.04.2009 and charge against him was framed on 17.07.2006 and thereafter, PW-1 Sh. Bhure Singh was examined on 16.10.2006 in the presence of accused Raj Kumar @ Mulla and examination-in-chief of PW-2 was recorded on 20.03.2007 in his presence and other witnesses were examined in his absence. Therefore, only other witnesses were required to be examined.
8. The prosecution in support of their case examined the following witnesses after the re-arrest of accused Raj Kumar @ Mulle.
(a) PW-1 Sh. Bhure Singh is the complainant and material witness.
(b) PW-2 HC Rajender Parsad, was the incharge PCR Van who conveyed the message of loot, which was reported by complainant Bhure Singh, to control room, and control room sent the message to concerned PS.
(c) PW-3 Sh. Dharmender Sharma is the registered owner of the bus, who had taken the same on superdari and proved superdarinama as Ex.PW-3/B and also identified the bus as Ex.PW-3/Article-1.
(d) PW-7 HC Satender, is the witness of recording of disclosure statement of accused Asif and Rajesh which are Ex.PW6/A and Ex.PW6/B respectively.He is also the witness with respect to that accused Rajesh and Asif led the police party to the house of Kishan Chand, Raj Kumar @ Mulla and FIR No. : 442/05, PS : Welcome Page 4 of 7 Dharampal @ Dharma.
(e) PW-8 HC Majaj Mohd. is the witness of arrest of accused Dharampal in FIR No. 425/05 u/s 25 Arms Act PS Shahdara on 10.09.2005, who was found in possession of button actuated knife. He proved the sketch of knife Ex.PW8/A and photocopy of seizure memo as Ex.PW8/B. He is also the witness of disclosure statement made by accused Dharma regarding commission of offence of present case alongwith accused Raj Kumar @ Mula and others.
(f) PW-10 ASI Bhram Prakash is also the witness of disclosure of involved of accused in the present case. He proved the disclosure statement of accused Dharam Pal as Ex.PW10/A.
9. The material witness PW-1 Bhure Singh was examined in the presence of accused Raj Kumar but he had not identified the accused Raj Kumar @ Mulla being culprit. Since, there is no incriminating evidence on record against accused Raj Kumar @ Mulla, no useful purpose would be served in continuing the trial as the prosecution cannot succeed even after examining the remaining witnesses as they are formal in nature. Therefore, Prosecution Evidence was closed by order.
10. Since there is no incriminating evidence against accused Raj Kumar @ Mulla, his statement U/s 313 Cr.P.C is dispensed with.
11. I have heard Sh. Virender Singh, Ld. Addl. PP and Sh. Abdul Sattar, Legal Aid Counsel for the accused. I have also gone through the record.
12. PW-1 Sh. Bhure Singh testified that on 29.08.05 he was working as Palledar in the factory of Rajesh Babu in Narwana FIR No. : 442/05, PS : Welcome Page 5 of 7 Mandi. On that day at about 11:30 p.m he boarded a private bus from Mori Gati from going to Anand Vihar. He was sitting on the seat leaving one seat after the conductor seat. At about 12:00 mid night when he reached at near Seelampur flyover, then conductor has asked him while holding his shoulder to go ahead and sit in the bus. Thereafter, three persons who were in the bus had stood in the bus near the conductor seat and when the bus had come over the flyover, one of those three persons had caught hold of him, one had pointed a knife on him and the third have taken of Rs.11,000/- from the inner pocket of his pant. Those persons had also talk to the conductor. They had also given signal to the bus driver and the bus driver had slowed down the bus and the alighted from the bus. Then he started weeping in the bus and at some distance he saw the police vehicle at the red light and he jumped from the bus and informed the police about the incident. The bus was stopped by the police and the conductor and driver of the bus were apprehended. Police has recorded his statement Ex.PW-1/A. He further stated that the bus was taken into possession by the police vide seizure memo Ex.PW1/B. They made disclosure statement and were arrested. He stated that out of three who have robbed him, one is present in the court and identified accused Kishan Chand as the person who had caught hold him and could not say whether the remaining two persons were present in the court. He was cross examined by the prosecutor and his cross examination he could not admit or deny whether accused Raj Kumar @ Mula and Dharma Pal @ Dharma are the associate FIR No. : 442/05, PS : Welcome Page 6 of 7 with accused Kishan Chand who had robbed him. He denied the suggestion that the Raj Kumar and Dharmpal are the same persons who had robbed him on the point of knife.
13. Since, nothing incriminating evidence has come on record against accused Raj Kumar @ Mulla, the prosecution has miserably failed to prove their case against the accused. Accordingly, accused Raj Kumar @ Mulla is acquitted of the charges. He be released from J/C forthwith, if not required in any other case. Case property, if any, be destroyed after the expiry of period of appeal. File be consigned to record room. Announced in the open court today i.e on 06.05.2011 GURDEEP SINGH ASJ-04/NE/KKD/06.05.2011 FIR No. : 442/05, PS : Welcome Page 7 of 7