Delhi District Court
State vs . Ram Avtar on 15 March, 2011
IN THE COURT OF SH. TARUN YOGESH, METROPOLITAN MAGISTRATE,
NORTH - 03, TIS HAZARI COURTS, DELHI
State Vs. RAM AVTAR
FIR No : 330/07.
U/S : 224 IPC
P.S : Subzi Mandi.
JUDGMENT
1. Sr. No. of the Case : 3486/T
2. Date of Commission of Offence : 07.07.07.
3. Date of institution of the case : 08.08.07.
4. Name of the complainant : Ct. Pradeep Kr.
5. Name of accused, parentage
& address. : Ram Avtar S/o Sh Uday Ram R/o F78,
Shastri Park, Delhi.
6. Offence complained or proved : U/s 224 IPC.
7. Plea of Accused : Pleaded Not Guilty.
8. Final Order : Convicted.
9. Date of Final Order : 15.03.11.
J U D G M E N T
1. Accused Ram Avtar is facing trial for offence under Section 224 IPC upon the allegation that on 07.07.07 at about 5:30 am at PP Tis Hazari Courts, while being lawfully detained in custody of Ct. Pradeep for the offence u/s 191/193/420/468/461/471/181/196/410/120B IPC, he escaped from the custody of Ct. Pradeep and further offered resistance to his lawful apprehension for the said offences in that case and thereby committed the above said offence.
2. FIR was got registered at Police Station Subzi Mandi on 07.07.07 upon DD no. 26A received at Police Station at 3:40 pm. After registration of FIR by the police, usual investigation carried out by the police, and charge sheet/ police report u/s 173(2) Cr.PC was prepared and filed in the court on 08.08.07. Cognizance of the offence u/s 224 IPC was taken by my Ld. Predecessor MM on the same day and after compliance of Section 207 Cr. P.C., formal notice/ charge for offence under Section 224 IPC, was framed and explained to the accused on 06.09.07, to which accused pleaded not guilty and claimed trial.
3. The prosecution case in brief is that on 07.07.07, Ct. Pradeep Kr came at Police Station and got his statement recorded, wherein, he mentioned that on 06.07.07 at about 10 pm, he had apprehended accused Ram Avtar upon information, as accused Ram Avtar was wanted in a case pending in the court of the then Ld. CMM Ms Seema Maini for the offences u/s 191/193/420/468/461/471/181/196/410/120B IPC. He along with Ct. Ramesh had kept accused in custody and at 5:30 am on 07.07.07, accused Ram Avtar requested to go to toilet and while he was being taken to toilet by Ct. Pradeep and Ct. Ramesh Lakra, he suddenly jerked his hand and escaped from the custody. After registration of FIR, IO ASI Vijay Pal Singh took up investigation and prepared site plan at the instance of Ct. Pradeep. Subsequently, accused Ram Avtar was formally arrested in this case on 11.07.07 at 2:30 pm, and after having recorded statement of witnesses u/s 161 CrPC, IO concluded investigation and filed charge sheet in the court.
4. In order to substantiate the charge against accused and prove his complicity for the offence u/s 224 IPC, prosecution has summoned and examined following witnesses :
5. PW1 Ct. Mukesh Kr has deposed that on 11.07.07, he was posted at Police Station Subzi Mandi and along with IO ASI Vijay Pal was present at Tis Hazari Courts, when, accused was formally arrested in this case at 2:30 pm. He has proved the arrest memo and personal search memo of accused as Ex. PW 1/A and Ex. PW 1/B. Both bearing his signatures as witness. He has been discharged without being cross examined by accused.
6. PW2 Ct. Ramesh Chand and PW3/ complainant Ct. Pradeep Kr have deposed that on 06.07.07, they were posted at PP Tis Hazari and at about 10 pm, they had apprehended accused Ram Avtar near Chowky PP Tis Hazari, who upon seeing them tried to run away. Both have deposed to have interrogated the accused who disclosed his name and took him to PP Tis Hazari, however, on next date i.e. 07.07.07 at about 5:30 am, accused escaped from their custody and despite efforts could not be traced and matter was informed/ reported to senior officials. PW3 Ct. Pradeep has proved his statement as Ex. PW 3/A and site plan prepared by IO at his instance as Ex. PW 3/B. He also deposed to have taken the rukka handed over to him by IO to Police Station Subzi Mandi and having returned back to the spot with copy of FIR and original rukka which he handed over to IO for further investigation. Both PW 2 and PW 3 have been cross examined by Ld. LAC representing accused and discharged.
7. PW4 Suresh Kr, Assist Ahlmad has brought summoned case file bearing FIR no. 194/00 Police Station Subzi Mandi titled State vs Pooran Singh etc and deposed that as per record, NBW against accused had been issued on 16.05.07 and referred to the copy of warrant against accused which has been placed on record as Mark A. Original order had been seen and returned by my Ld. Predecessor MM. PW4 has been discharged without being cross examined by accused.
8. PW5 HC Bhim Pal Singh, Duty Officer has deposed that on 07.07.07 he was posted at Duty Officer at PS Subzi Mandi from 9 am to 5 pm. At about 3:40 pm, he received rukka brought by Ct. Pradeep, sent by ASI Vijay Pal Singh on the basis of which he registered FIR duly proved by him as Ex. PW 5/A and his endorsement upon rukka duly proved as Ex. PW 5/B. PW5 too has been discharged without being cross examined by the accused.
9. Lastly, IO ASI Vijay Pal Singh has been examined as PW6 and deposed that on 07.07.07, he was posted at PP Tis Hazari and had recorded the statement of Ct. Pradeep duly proved as Ex. PW 3/A. IO has proved his endorsement upon the statement as Ex. PW 6/A and deposed to have handed over the rukka to Ct. Pradeep who took the same to Police Station and returned back to the spot after getting FIR registered. IO has proved site plan prepared by him as Ex. PW 3/B bearing his signature at point A and arrest memo and personal search memo of accused as Ex. PW 1/A and Ex. PW 1/B respectively, both bearing his signature at point A. IO has been discharged without being cross examined by accused.
10. After closure of prosecution evidence, accused Ram Avtar has been examined without oath u/s 281/313 Cr.PC on 02.02.11. Accused has denied the allegatons against him as incorrect and claimed that he was not apprehended by Ct. Pradeep, nor escaped from custody at PP Tis Hazari on 07.07.07. He stated that he was innocent and has been falsely implicated in this case and claimed that PWs being police officials were interested witnesses and had deposed falsely against him. Accused Ram Avar nevertheless declined to lead any evidence in defence, hence, matter was listed for final arguments.
11. Before adverting myself to the facts of the case as disclosed from record and deposition of witnesses examined by prosecution during trial to pronounce judgment in this case, it would be prudent to reproduce the penal provision involved in this case as under :
Section 224 IPC : Resistance or obstruction by a person to his lawful apprehension - Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
12. In order to convict accused Ram Avtar in this case, prosecution is required to prove that he was in lawful custody of Ct. Pradeep in the case being tried by the then Ld. CMM Ms Seema Maini on 06.07.07 and he had escaped from the lawful custody of Ct. Pradeep on the next date i.e. 07.07.07 at 5:30 am.
13. As far as custody of accused Ram Avtar in the case pending before the then Ld. CMM is concerned, PW4 Sh Suresh Kr, Assist Ahlmad has brought the record of FIR no. 194/00 and deposed that as per recored, NBW had been issued against accused Ram Avtar by court of Ld. CMM on 16.05.07. Original order had been seen by my Ld. Predecessor MM and returned. Photocopy of warrant has been kept on record which has been marked as Mark A. Further, PW2 and PW3 have deposed about having apprehended accused Ram Avtar in this case on 06.07.07 and copy of DD no. 35 dated 06.07.07 duly verified by SHO Police Station Subzi Mandi and attested by Assistant Commissioner of Police, Subzi Mandi has been kept on record and proved by PWs. Both PWs Ct. Ramesh Chand and Ct. Pradeep Kr have deposed to have apprehended accused Ram Avtar on 06.07.07 which they reiterated during their cross examination. Thus, as far as the custody of accused Ram Avtar in case FIR no. 194/00 on 06.07.07 is concerned, same stands duly proved in view of deposition of PW2, PW3, PW4 and IO PW6.
14. Accused Ram Avtar has been formally arrested in this case by IO ASI Vijay Pal on 11.07.07, as he had been arrested in case FIR no. 337/07 u/s 25/54/59 Arms Act Police Station Subzi Mandi and had been produced in the court. PW1 Ct. Mukesh and PW6 IO as Vijay Pal Singh have proved arrest memo and personal search memo of accused dated 11.07.07.
15. Thus, considering the evidence led by prosecution regarding accused Ram Avtar having escaped from lawful custody of Ct. Pradeep on 07.07.07 at 5:30 am from PP Tis Hazari, his subsequent arrest in the case on 11.07.07 and other incriminating documents placed on record and duly proved by prosecution witnesses, I am of the considered view that prosecution has discharged its burden and proved complicity of accused Ram Avtar for the offence u/s 224 IPC. Accordingly, accused Ram Avtar is convicted of the offence u/s 224 IPC.
Announced in the open (TARUN YOGESH)
Court today i.e. 15.03.11. MM(3)N/DELHI.
FIR No : 330/07.
U/S : 224 IPC
P.S : Subzi Mandi.
ORDER ON SENTENCE
15.03.11.
Present : Ld. APP for state.
Accused Ram Avtar on bail.
Arguments on sentence heard. Ld. APP for state submits that accused be punished with maximum imprisonment provided for the offence u/s 224 IPC and be sentenced to imprisonment for two years.
Accused on the other hand submits that he is an old man and has his family, children as well as grand children to look after. He further submits that he had been acquitted in the case FIR no. 194/00 and undertakes to henceforth refrain from committing any offence.
Considering that accused has remained in custody in this case since 11.07.07 to 29.11.07 and again from 24.12.10 till 04.01.11 and is ready to give his undertaking to refrain from committing any offence in future, I am of the view that any sentence of imprisonment would have adverse effect upon accused, since, accused submits that he has not been involved in any criminal case after 2007. Accordingly, accused Ram Avtar is accordingly sentenced to SI for the period already undergone in custody during trial as mentioned above and no further sentence of imprisonment is imposed. Benefit of S. 428 CrPC is given to accused. B/B stands canceled. Surety stands discharged. Original document if any be returned after cancellation of endorsement. File be consigned to record room.
Announced in the open (TARUN YOGESH) Court today i.e. 15.03.11. MM(3)N/DELHI.