Document Fragment View
Matching Fragments
1. The present charge-sheet has been filed against accused persons namely, Guddu, Vipin @ Chintu and Ajay u/s 457/380/411/34 IPC. The genesis of the prosecution story is that on 27.06.2013 between 12:00 midnight to 07:30 AM at House No. N-68/353, Aruna Nagar, Delhi, within the jurisdiction of PS Civil Lines, all three accused persons in furtherance of their common intention, committed the offence of lurking house tress-pass by entering into the house of complainant namely Madhu, used for human dwelling and committed theft of one gold pendant, four bangles of gold, one gold ring, one chain, cash Rs. 65,000/-, two bags containing sarees, one TV set top box of Siti Digital Co., one set of silver haar containing one haar, two chhalle, one ring, 4 longs, one ladies Titan watch, 4 pins of bangles, one artificial set of silver colour, one blanket of double bed in a plastic cover, and one small bag containing clothes lying in the said house.
4. It is further the case of prosecution that on 27.06.2013 at Shop No. 28, DDA Durga Market, Majnu Ka Tilla, Delhi, accused Ajay was found in possession of one Set Top Box of Siti Digital, six sarees, one blanket in a plastic bag (as per seizure memo Mark X2) belonging to complainant, which the accused retained unlawfully having reasons to believe the same to be stolen property or unlawfully obtained.
5. On finding a prima facie case to proceed against all three accused persons, cognizance of the offences under Sections 457/380/411/34 IPC was taken by Ld. Predecessor of this Court on 26.08.2013 and after procuring their presence, the provisions of Section 207 Cr.P.C. were duly complied with. Arguments on the point of charge were heard and a formal charge for commission of offences under Sections 457/380/34 IPC and Section 411 IPC was framed against all three accused persons vide order dated 24.09.2013 by Ld. Predecessor of this Court to which the accused persons pleaded not guilty and claimed trial.
The witness was not cross-examined on behalf of defence despite opportunity given.
12. PW4 Ct. Bal Krishan deposed that on 27.06.2013, HC Azad Singh called him on the spot at House No. 68/353. When he reached at the spot, Ct. Sunil, complainant Madhu and HC Azad Singh went to the house of Guddu at House No. 68/519, Majnu Ka Tilla, Delhi. When he reached the house of Guddu, then complainant pointed out towards the accused and told that he was the same person who committed theft in the house of complainant. After that, accused Guddu was arrested vide arrest memo Ex. PW4/A and upon his personal search, one mobile phone and Rs.100/- was seized vide memo Ex. PW4/B. Thereafter, the disclosure statement of the accused Ex. PW4/C was recorded. In the disclosure, accused Guddu disclosed that he had committed theft alongwith his two associates namely, Ajay and Vipin. The accused Guddu handed over the theft articles from his SHIVLI Digitally signed by SHIVLI TALWAR TALWAR Date: 2022.03.08 17:39:19 +0530 FIR No. 158/2013 PS Civil Lines State VS Ajay & Ors. Page No. 8 of 26 house to the IO which included mehandi colour bag, one jewellery box of Nirankari Jewellers having one pendant, two tops and one other jewellery box of blue colour containing one necklace set of golden colour. All the articles were identified by the complainant and claimed that they belonged to her. Pullanda was prepared by keeping in white cloth and sealed with the seal of AS. The site plan Ex. PW4/D of the place where articles were seized was prepared. Thereafter, they went to the house of other accused Ajay at House No. 28DDA, Murga Market, Majnu Ka Tilla. Outside the said shop, accused Guddu pointed towards one person, whose name on inquiry was found to be Ajay and he was taken under custody. Thereafter, he was also arrested in the present matter vide arrest memo Ex.PW4/E. His personal search was conducted vide memo Ex.PW4/F and his disclosure statement was recorded vide memo Ex.PW4/G. Thereafter, as per disclosure of accused Ajay, one Siti Digital set top box, one blanket and six sarees were recovered from under the cot kept in the room over the above said shop. The said articles were identified by the complainant. Thereafter, they all went to the house of accused Vipin situated at H. No. 474, Gopal pur Pusta, Delhi where accused Vipin was identified at the instance of accused Guddu and he was arrested vide memo Ex. PW4/H and his personal search was conducted vide memo Ex. PW4/I. Disclosure statement of accused was recorded vide memo Ex.PW4/J. As per disclosure of accused, accused Vipin brought a grey coloured bag on which Polo Rider was mentioned which was kept under the cot kept in the room of accused. On checking the said bag, one blue colour purse made of cloth containing four nose rings made of gold, one Titan watch, one ladies watch, four hair pins made of silver and one artificial jewellery set of SHIVLI Digitally signed by SHIVLI TALWAR TALWAR Date: 2022.03.08 17:39:27 +0530 FIR No. 158/2013 PS Civil Lines State VS Ajay & Ors. Page No. 9 of 26 silver colour were found which were identified by complainant Madhu. Said articles were sealed with the seal of 'AS'. IO also prepared site plan of recovered articles Ex.PW4/K. Thereafter, he alongwith IO, staff, complainant and all the accused persons came back to the spot where all three accused persons identified the spot and spot identification memo Ex.PW4/L was prepared by IO. Thereafter, complainant was released from investigation by the IO after recording her statement and they all came back to PS and case property was deposited in Malkhana and accused persons were put under custody. The witness deposed that IO recorded his statement and relieved him. The photographs of case property i.e. Siti cable box, two jewellery sets of golden colour, blanket cover with blanket, sarees, silver articles i.e. hair pin are Ex.P2 (colly). The witness correctly identified accused persons namely, Guddu and Ajay during his testimony before the Court. Identity of accused Vipin was not disputed by Ld. Defence Counsel.
SHIVLI Digitally signed by
SHIVLI TALWAR
TALWAR Date: 2022.03.08
17:39:40 +0530
FIR No. 158/2013 PS Civil Lines State VS Ajay & Ors. Page No. 11 of 26
Crime Team came at the spot and took the photograph of the room and the surroundings. He further deposed that IO handed over the orginal rukka to him and he went to the PS and got the FIR registered on the basis of the said rukka and came back to the spot alongwith the computerized copy of FIR and original rukka and handed over the same to the IO/HC Azad. One Ct. Balkishan came at the spot and they inquired from the public persons and reached Farida Chowk, Majnu Ka Tila (near to the house of complainant). One public person namely Rajender met them who informed them that he saw three people namely, Ajay, Guddu and Vipin Bhatia standing behind the house of complainant at about 1:30 AM. At the instance of Rajender, they reached the house of accused Guddu and he pointed towards the accused who was standing at the gate of his house and they apprehended the accused. IO/HC Azad interrogated the accused who disclosed that he alongwith Ajay and Vipin committed theft inside the house of complainant. At the instance of accused Guddu, one bag of mehandi colour was recovered from under the bed. The bag was opened by the IO, which contained one jewellery box, one blue colour jewellery box containing golden necklace and some other articles which the witness did not remember. He further deposed that he alongwith HC Azad and Ct. Balkishan alongwith accused Guddu headed towards Shop No. 28, DDA Murga Market, Majnu Ka Tilla on the instructions of accused Guddu. Accused Guddu pointed towards the accused Ajay, who was involved with him in the present theft and they apprehended accused Ajay. IO/HC Azad interrogated accused Ajay who disclosed that he alongwith Guddu and Vipin committed the theft inside the house of complainant. At the instance of accused Ajay, one set top box, six sarees and one blanket were SHIVLI Digitally signed by SHIVLI TALWAR TALWAR Date: 2022.03.08 17:39:47 +0530 FIR No. 158/2013 PS Civil Lines State VS Ajay & Ors. Page No. 12 of 26 recovered from the room on first floor. The IO prepared the site plan Ex. PW5/A. The witness further deposed that he alongwith HC Azad and Ct. Balkishan alongwith accused Guddu and Ajay headed towards House No. 474, Gopalpur Pusta, Delhi on the instructions of accused Guddu and accused Vipin was apprehended from his house. IO/HC Azad interrogated accused Vipin who disclosed that he alongwith Guddu and Ajay committed theft inside the house of complainant. At the instance of accused Vipin, two mobile phones, one black purse and some visiting cards and Rs.20 were recovered from his house. One bag was also recovered from underneath the bed containing one ladies wrist watch and some artificial golden and silver jewellery. He further deposed that they came back to the PS and the recovered and seized articles were deposited in Malkhana PS Civil Lines by the IO. The witness correctly identified accused Vipin during his testimony before the Court. Identity of accused persons Ajay and Guddu was not disputed by Ld. Defence Counsel.