Delhi District Court
State vs Sunil @ Tikka & Anr.. on 8 February, 2012
FIR No. 310/01
PS Subzi Mandi
U/S 457/380/511/34 IPC
State V/S Sunil @ Tikka & Anr..
IN THE COURT OF SH. NEERAJ GAUR, METROPOLITAN
MAGISTRATE--III, NORTH, DELHI
Brief reasons for the judgment in the case with following particulars
FIR No. 310/01
PS Subzi Mandi
U/S 457/380/511/34 IPC.
State V/S Sunil @ Tikka & Anr.
C. No. 3658/T
U. ID No. 02401R0166572001
Date of Institution: 17.11.2001
Date of commission of offence 17.09.2001
Name of the Complainant Sh. Jai Ram s/o Sh. Khem Chand
Name and address of accused (1) Sunil @ Tikka s/o Bishan Dass,
r/o 132, Nehru Kutya, Malka Ganj,
Delhi.
(2) Kishori Lal s/o Mohan Lal, r/o 133,
Nehru Kutya , Malka Ganj, Delhi.
Offence complained of U/S 457/380/511/34 IPC.
Plea of accused Pleaded not guilty
Final Order Acquitted
Date of reserve for orders 08.02.2012
Date for announcing the orders 08.02.2012.
Brief Facts
1. The accused was charge-sheeted u/s 457/380/511/34 IPC with allegations that on 17.09.2001 at about 02.30 AM, at shop No. 106, Nehru Kutia, Malka Ganj, both the accused in furtherance of their common C/No. 3658/T U. ID No. 02401R0166572001 Page No. 1 FIR No. 310/01 PS Subzi Mandi U/S 457/380/511/34 IPC State V/S Sunil @ Tikka & Anr..
intention committed the offence of lurking house trespass by night by entering into the building used as shop in possession of the complainant Jai Ram for the purpose of committing theft from the above shop and secondly on the aforesaid date, time and place, both the accused in furtherance of their common intention attempted to commit the offence of theft and in such attempt had broken the lock. Both the accused persons were apprehended by the complainant Jai Ram. On the basis of statement of complainant, the present FIR was got registered. During investigation, the police arrested both the accused, carried out investigation and filed challan in the Court.
3. After necessary compliances, charge u/s 457/380/511/34 IPC was framed against both the accused persons to which they pleaded not guilty and claimed trial.
Trial
4. To prove the charge, prosecution examined four witnesses in total whose testimonies are touched upon in brief as under:
(i) PW-1 Ct. Suresh Chand deposed that on 17.09.2001 on receipt of DD no. 4A regarding theft, he along with ASI Joga Singh went to 106, Nehru Kutia, Malka Ganj, Delhi where one PCR and 6-7 persons met them. He further deposed that complainant Jai Ram got his statement recorded to the IO and told that he had closed his shop in the night time and in the night, at about 02.30 am, he heard C/No. 3658/T U. ID No. 02401R0166572001 Page No. 2 FIR No. 310/01 PS Subzi Mandi U/S 457/380/511/34 IPC State V/S Sunil @ Tikka & Anr..
some noise and noticed that the shutter of his shop was opened and two persons were standing outside the shop and both the persons were caught by the complainant. He further deposed that in the meantime, one another person of the same locality named Kishori Lal reached there to whom Jairam explained the whole incident and PCR was called. He proved the seizure memo of the case property as Ex.PW1/A. He went to the PS for getting the FIR registered and returned back to the spot with copy of FIR and original rukka which were handed over to IO. He also proved the arrest and personal search memos of accused persons as Ex.PW1/B to Ex.PW1/E respectively. He correctly identified both the accused persons as well as the case properties in the court.
(ii) PW-2 ASI Yashpal Singh is the duty officer in the present case who has proved the FIR as Ex.PW2/A and his endorsement on the rukka as Ex.PW2/B.
(iii) PW-3 Kishori Lal and PW-4 / complainant Jai Ram are the material eyewitness to the incident. However, both the witnesses have not supported the prosecution case and turned hostile.
Statement of accused and defence
5. After closure of prosecution evidence, the statements of both the accused persons U/S 313 CrPC were recorded. Both stated that they were innocent and have been falsely implicated. They did not choose to C/No. 3658/T U. ID No. 02401R0166572001 Page No. 3 FIR No. 310/01 PS Subzi Mandi U/S 457/380/511/34 IPC State V/S Sunil @ Tikka & Anr..
lead any evidence in their defence.
Arguments and appreciation of evidence in the light of legal propositions:
6. It is noteworthy and can never be ignored to arrive at any justified decision and surely weakens the prosecution case that the material witness / complainant / PW-4 Jai Ram and public witness PW-3 / Kishori Lal turned hostile and could not identify the accused in the court. Further, The other PWs examined by the prosecution are the police officials who are not the eyewitnesses to the incident.
Conclusion
7. There is no evidence on record to show that accused on 17.09.2001 at about 02.30 AM, at shop No. 106, Nehru Kutia, Malka Ganj, both the accused in furtherance of their common intention committed the offence of lurking house trespass by night by entering into the building used as shop in possession of the complainant Jai Ram for the purpose of committing theft from the above shop and attempted to commit the offence of theft and in such attempt had broken the lock. The evidence available on record is highly insufficient to record a finding of guilt against both the accused and the prosecution has miserably failed to C/No. 3658/T U. ID No. 02401R0166572001 Page No. 4 FIR No. 310/01 PS Subzi Mandi U/S 457/380/511/34 IPC State V/S Sunil @ Tikka & Anr..
prove the charge U/S 457/380/511/34 IPC for want of evidence. For want of evidence, accused Sunil @ Tikka and Kishori Lal are acquitted for the offences U/S 457/380/511/34 IPC. File be consigned to record room.
Announced in open court (Neeraj Gaur)
today i.e. on 08.02.2012 Metropolitan Magistrate -III(N)
Tis Hazari Courts, Delhi.
C/No. 3658/T
U. ID No. 02401R0166572001 Page No. 5
FIR No. 310/01
PS Subzi Mandi
U/S 457/380/511/34 IPC
State V/S Sunil @ Tikka & Anr..
08.02.2012
Pr: Ld. APP for the State.
Both accused on bail.
Statements of both the accused persons u/s 313 CrPC recorded separately today itself. They did not choose to lead any evidence in their defence.
Final arguments heard.
Vide my separate Judgment announced in the open court today, both the accused persons have been acquitted for the offences charged against them.
Both the accused pray for extension of their Bail Bonds for six months for the purpose of Section 437-A CrPC. Request is allowed and B/B and Surety Bonds of both the accused persons are extended for six months.
File be consigned to record room.
(Neeraj Gaur) MMIII/North Delhi 08.02.2012 C/No. 3658/T U. ID No. 02401R0166572001 Page No. 6