Delhi High Court
Neeraj Kumar vs State, N.C.T. Of Delhi on 5 December, 2017
$~R-15 to R-17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: December 05, 2017
+ CRL.A. 519/2011
NEERAJ KUMAR ..... Appellant
Through: Appellant in person.
versus
STATE, N.C.T. OF DELHI ..... Respondent
Through: Ms.Rajni Gupta, APP for the State
with SI H.P.Mudgal PS P.Vihar
AND
+ CRL.A. 520/2011
NEERAJ KUMAR ..... Appellant
Through: Appellant in person.
versus
STATE, N.C.T. OF DELHI ..... Respondent
Through: Mr.Kewal Singh Ahuja, APP for the
State with SI H.P.Mudgal PS P.Vihar
AND
+ CRL.A. 1005/2011
RAJESH KUMAR & ANR. ..... Appellants
Through: None.
versus
CRL.A. Nos.519, 520 & 1005 of 2011 Page 1 of 8
STATE, N.C.T. OF DELHI ..... Respondent
Through: Mr.Kewal Singh Ahuja, APP for the
State with SI H.P.Mudgal PS P.Vihar
PRATIBHA RANI, J. (Oral)
Crl.A.519/2011 & Crl.M.A.No.4944/2011 & Crl.M.B.No.685/2011
Crl.A.520/2011 & Crl.M.A.No.4945/2011 & Crl.M.B.No.686/2011
1. The appellant/convict Neeraj Kumar has filed these two appeals
assailing his conviction and sentence awarded to him in case FIR
No.358/2005 under Section 379/411 IPC, PS Paschim Vihar and in
case FIR No.422/2005 under Section 307/186/353/411/34 IPC& under
Section 25/27/54/59 Arms Act, PS Nangloi.
2. By filing Crl.A. No.519/2011, the appellant/convict Neeraj
Kumar has impugned the judgment dated 19th February, 2011 and
order on sentence dated 28th February, 2011 passed in
SC No.1116A/09 (pertaining to case FIR No.358/2005 under Section
379/411 IPC, PS Paschim Vihar) whereby he has been convicted for
committing the offence punishable under Section 411 IPC and
sentenced to undergo RI for three years.
3. By filing Crl.A. No.520/2011, the appellant/convict Neeraj
Kumar has impugned the judgment dated 19th February, 2011 and
order on sentence dated 28th February, 2011 passed in SC No.1116/09
(pertaining to case FIR No.422/2005 under Section
307/186/353/411/34 IPC& under Section 25/27/54/59 Arms Act, PS
Nangloi) whereby he has been convicted for committing the offence
punishable under Section 186 r/w Section 353/34 IPC and sentenced
as under:-
(i) U/S 186 IPC : to undergo RI for three months.
(ii) U/S 353 IPC : to undergo RI for two years.
4. Pursuant to the order dated 22nd November, 2017, fresh
Nominal roll of the appellant has been received from the Jail as per
which the appellant has already been released on 18 th May, 2013 after
completion of sentence awarded to him in this case.
5. Today appellant Neeraj Kumar is present in person. He submits
that he has already undergone the sentence awarded to him in
SC No.1116A/09 (pertaining to case FIR No.358/2005 under Section
379/411 IPC, PS Paschim Vihar) and SC No.1116/09 (pertaining to
case FIR No.422/2005 under Section 307/186/353/411/34 IPC& under
Section 25/27/54/59 Arms Act, PS Nangloi). The appellant submits
that he does not want to continue with these appeals and he may be
permitted to withdraw these two appeals.
6. Accordingly, Crl.A. No.519/2011 and Crl.A. No.520/2011 are
dismissed as withdrawn.
Crl.A. No.1005/2011
1. This Crl.A.No.1005/2011 has been preferred by
appellants/convicts Rajesh Kumar and Somvir impugning the
judgment dated 19th February, 2011 and order on sentence dated 28th
February, 2011 passed in Session Case No.1116/09 (pertaining to case
FIR No.422/2005 under Section 307/186/353/411/34 IPC& under
Section 25/27/54/59 Arms Act, PS Nangloi) whereby they alongwith
co-convict Neeraj Kumar have been convicted and sentenced as
under:-
Appellant Rajesh Kumar
(i) U/S 186 IPC : to undergo RI for three months.
(ii) U/S 353 IPC : to undergo RI for two years.
(iii) U/S 25/54/59 Arms Act : to under RI for two years with
fine of ₹5000/- and in default of
payment of fine to undergo SI
for one month.
Appellant Somvir
(i) U/S 186 IPC : to undergo RI for three months.
(ii) U/S 353 IPC : to undergo RI for two years.
(iii) U/S307 IPC : to undergo RI for five years
with fine of ₹5000/- and in
default of payment of fine to
undergo SI for one month.
(iv) U/S 25/27/54/59 Arms : to undergo RI for five years
Act with fine of ₹5000/- and in
default of payment of fine to
undergo SI for one month.
2. None has appeared on behalf of the appellants Rajesh Kumar
and Somvir.
3. Pursuant to the order dated 22nd November, 2017, fresh
Nominal rolls of the appellants have been received.
4. As per nominal roll of appellant Rajesh Kumar, he has already
been released on 20th March, 2013 after completion of sentence
awarded to him in this case.
5. As per nominal roll of appellant Somvir, he has been transferred
to Ambala Jail on 7th March, 2011 from where he has been released on
29th May, 2013 after completion of sentence awarded to him in this
case.
6. Brief facts of the case as mentioned in the charge-sheet and
noted by the learned Trial Court in the impugned judgment read as
under:
'The case of the prosecution is that on 3.5.2005 SI Satish
along with his staff were patrolling in the area and when
they reached at Azad Hind Gram, Tikri a secret
information was received that three boys would be
coming from Bahadurgarh side in a stolen Maruti Car
bearing no.DL-5C-2577 with arms and ammunition. At
about 10.45 am a Maruti Car came from wrong side on
service road on which SI Satish gave signal to stop the
car and Ct.Om Prakash put the barricades. The driver
stopped the car and tried to run away alongwith his two
associates on which Ct.Lalit apprehended the accused
Neeraj and the accused Rajesh was apprehended by HC
Devender Singh whose names they came to know later
on. The accused Somvir who was sitting next to the
driver seat, fired upon the police party while running
away and was overpowered by SI Satish Kumar who
snatched the desi katta from his hand. On personal
search of the accused Rajesh one buttondar knife was
recovered from the right pocket of his pant. On thorough
interrogation the accused disclosed that the said car was
stolen from the area of Paschim Vihar on the intervening
night of 2/3.5.2005 and on verification from Police
Station Paschim Vihar, it was learnt that a case FIR
No.358/05 under Section 379 IPC has been registered at
Police Station Paschim Vihar. Thereafter the FIR was
got registered and the accused persons were arrested
and chargesheeted.'
7. The judgment of the Courts below reflects that the accused
persons pleaded not guilty to the charges framed. In order to
substantiate its case, the prosecution examined 16 witnesses in all.
The accused persons were also examined under Section 313 Cr.P.C. to
enable them to explain the incriminating evidence appearing against
them wherein they denied the case of the prosecution and claimed
their false implication but preferred not to lead any evidence in
defence.
8. The learned Trial Court, after appreciating the testimony of
material prosecution witnesses especially PW-4 SI Satish Kumar and
PW-15 HC Om Prakash, convicted all the appellants for the following
reasons:-
(i) The identity of all the appellants namely Rajesh Kumar, Somvir
and Neeraj has been proved by PW-4 SI Satish Kumar and Om
Prakash to be the persons who had been apprehended on 3 rd May,
2005 from Tikri Kalan and at that time Neeraj Kumar was driving the
car bearing No.DL-5C-2577. The accused Somvir was sitting on the
front seat while accused Rajesh Kumar was sitting on the rear seat.
(ii) The above persons were apprehended on the basis of the secret
information and after nakabandi was done by putting barricades. The
appellants were seen coming from the wrong side and when signaled
to stop, though the car was stopped, all the three occupants tried to
escape from the car.
(iii) Ct.Lalit apprehended Neeraj Kumar, the driver of the car.
Somvir who was on the front seat, fired from his desi katta. But he
was overpowered by PW-4 Satish Kumar and the desi katta was
recovered. From Rajesh Kumar, who was sitting on the rear seat a
button knife was recovered.
(iv) The katta recovered from Somvir and knife recovered from
Rajesh were seized and sealed. All the three convicts were
interrogated.
(v) The complaint under Section 195 Cr.P.C. filed by the
Additional DCP (PW-7) was also proved as Ex.PW7/A.
(vi) The car recovered from the possession of the three convicts was
registered in the name of R.K.Gupta which has been proved from the
record of MLO, North-East Zone, Transport Authority, Loni.
(vii) Sanction under Section 39 Arms Act Ex.PY was obtained and
FSL result Ex.PX i.e. report of the Ballistic expert was obtained in
respect of the fire arms. Gazette notification in respect of the knife
was also placed on record.
(viii) Non-joining of public witnesses at the time of apprehension and
recovery was considered not to be fatal.
(ix) Learned Trial Court accepted the contention on behalf of the
convicts that at the time of firing by Somvir, the other two convicts -
Neeraj Kumar and Rajesh Kumar did not share the common intention,
hence, while Neeraj and Rajesh were acquitted of the charge under
Section 307/34 IPC, only Somvir was held guilty under Section 307
IPC.
9. A perusal of the testimony of the prosecution witnesses
unequivocally revealed the commission of the offence punishable
under Section 186/353 IPC & 25/54/59 Arms Act by convict Rajesh
and offence punishable under Section 186/353/307 IPC and
25/27/54/59 Arms Act by convict Somvir. The role of each of the
convict has been described by the prosecution witnesses in clear terms
and their testimony has remained consistent and un-shattered even
during their cross-examination.
10. The convicts have not only been duly identified, even their role
has been clearly described by the prosecution witnesses.
11. After going through the testimony of prosecution witnesses, I
concur with the observations of learned Trial Court in accepting the
prosecution evidence on all aspects to convict the appellants.
12. Having regard to above conclusion, the appeal is dismissed.
13. TCR be sent back alongwith copy of this Court.
14. Copy of this order be also sent to the concerned Jail
Superintendents for information.
CRL.M.B.1422/2011 in Crl.A. No.1005/2011
Dismissed as infructuous.
PRATIBHA RANI
(JUDGE)
DECEMBER 05, 2017
'st'
