Delhi High Court
Sunny @ Gattu vs State on 9 October, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 29th August,2018
Decided on: 9th October, 2018
+ CRL.A. 379/2017
SUNNY @ GATTU ..... Appellant
Represented by: Mr. Anwesh Madhukar, Mr.
Pranjal Shekhar and Ms.
Prachi Nirwan, Advocates
versus
STATE ..... Respondent
Represented by: Ms. Meenakshi Chauhan,
APP for the State with SI
Nipender Kumar, PS
Madhu Vihar
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
1. By the present appeal, Sunny @ Gattu challenges the impugned
judgment dated 21st August, 2015 convicting him for the offence
punishable under Section 394 IPC read with Section 397/34 IPC in FIR
No. 92/2014 registered at PS Madhu Vihar and the order on sentence
dated 7th September, 2015 directing him to undergo rigorous
imprisonment for a period of seven years and to pay a fine of ₹5,000/-
and in default whereof to undergo simple imprisonment for a period of 30
days for the offence punishable under Section 394 IPC read with Section
397 IPC.
2. Learned counsel for the appellant contends that no certificate under
Section 65B of the Evidence Act was exhibited to prove the FIR. No
FSL report was sought of the blood stained clothes allegedly recovered
from the appellant. Neither there was any recovery of robbed articles
from the appellant nor of the weapon of offence. As per order dated 24th
November, 2014, the Investigating Officer stated that the juvenile was
having the knife, however, in court, it was a different story. Thus,
conviction of the appellant for offence punishable under Section 397 IPC
cannot be sustained and the appellant be released on the period already
undergone. The nature of injury was simple. No public witness was
associated at the time of preparing the purported pointing out memo.
Appellant has been falsely implicated in the present case, thus he be
acquitted.
3. Learned APP for the State on the other hand contends that the
appellant has been rightly convicted for the offences punishable under
Sections 394/397/34 IPC.
4. Police machinery was set into motion on 21st January, 2014 at
around 19:50 P.M. when information from PCR (East) was received
regarding stabbing and robbing of one person by 3-4 boys near Sai Baba
Mandir, Khichdipur Village. Aforesaid information was recorded by HC
Gajender Singh vide DD No. 33A (Ex.PW-3/A) and was entrusted to SI
Rajpal who along with Ct. Sandeep went to the place of incident and on
enquiry from local persons, he came to know that the injured was taken
to LBS Hospital in the police van. Ct. Sandeep remained at the spot,
however, SI Rajpal left for LBS Hospital. After reaching the hospital, he
collected the MLC of the injured Chandan Puri and recorded his
statement.
5. Chandan Puri stated that he worked as a peon at ITO Sales Tax Bar
Association. On 21st January, 2014 he was coming back home from work
by bus route number 740 and deboarded the bus in front of Fire Station,
Madhu Vihar. While he was walking, at about 7:00 P.M., when he
reached near Sai Mandir, four boys aged around 18-20 years came from
the back side. They caught hold of him and closed his mouth. They took
him on the side and tried to snatch his bag. When he tried to resist, one of
the boys stabbed him on the right side of his abdomen. When that boy
was trying to stab him again, he held the knife by his left hand, as a result
of which, his fingers got injured. In the meantime, the boys snatched his
bag and ran away. His bag contained ₹300/-, his I-card and some stamp
tickets. Aforesaid statement was recorded vide Ex.PW-2/A on which
FIR No. 92/2014 (Ex.PW-3/B) was lodged at PS Madhu Vihar for
offence punishable under Sections 394/34 IPC.
6. SI Rajpal prepared the site plan at the instance of the local persons
which was proved vide Ex.PW-8/C. Thereafter, search for accused
persons was made but they could not be found. On 25th January, 2014,
telephonic information was received from the secret informer regarding
the presence of one of the assailant in the present case beneath
Khichdipur flyover. A team was constituted comprising of SI Sanjeev,
Ct. Sandeep, Ct. Nand Lal and SI Rajpal who along with the secret
informer reached the aforementioned place and pointed out towards the
person standing on footpath near Khichdipur flyover. The person was
apprehended and on interrogation, his name was revealed as Sunny @
Gattu. He was arrested vide arrest memo Ex.PW-5/B and his personal
search was conducted vide Ex.PW-5/C. Thereafter, he led the police to
the place of incident and on that basis, pointing out memo was prepared.
Search for remaining three accused persons was made but they could not
be traced.
7. An application for TIP of Suuny @ Gattu was filed. On 3rd
February, 2014, Chandan Puri was taken to Tihar Jail for TIP of Sunny
@ Gattu wherein Chandan Puri correctly identified him. After
completion of the investigation, charge sheet was filed. Charge was
framed vide order dated 4th April, 2015 for the offences punishable
under Sections 394/397/34 IPC.
8. Chandan Puri (PW-2) deposed in sync with his statement made
before the police. He also stated that three of the boys had tied
handkerchief over their face and one of them had not tied the
handkerchief. Thus, he could only see the face of that boy and that boy
had stabbed him with a knife. He correctly identified Sunny @ Gattu in
Court as the person who stabbed.
9. Dr. Manoj Teotia (PW-1), Medical Officer, LBS Hospital stated
that on 21st January, 2014, he had medically examined Chandan Puri and
prepared his MLC vide Ex.PW-1/A. As per the examination, following
injuries were found:
i. Fresh incised wound on left hand index, middle and ring
finger with bleeding present.
ii. Fresh stab wound right side upper abdomen measuring
into 4 X 1 cm with fresh oozing of blood.
10. Ms. Mayuri Singh (PW-4), Metropolitan Magistrate, Karkardooma
Court, stated that she conducted the test identification proceedings of
Sunny @ Gattu and the same were proved vide Ex.PW-4/A.
11. Sunny @ Gattu in his statement recorded under Section 313
Cr.P.C. stated that he had been falsely implicated in the present case. He
had a fight with the brother-in-law of the informer in the past due to
which he was nurturing grudge against him and he got him arrested in
criminal cases falsely through the police in the past as well as in the
present case. Though appellant pleads false implication at the instance of
the informer however, his case to the Investigating Officer is simply of
false implication.
12. From the deposition of Chandan Puri who duly identified the
appellant as the person who inflicted injury on him with the knife in the
TIP and before Court, which is corroborated by his MLC, the prosecution
has proved its case beyond reasonable doubt against the appellant. Hence
this Court finds no error in the impugned judgment of conviction or order
on sentence.
13. Appeal is dismissed.
14. Copy of this order be sent to Superintendent Central Jail Tihar for
updation of the Jail record.
15. TCR be returned.
(MUKTA GUPTA)
JUDGE
OCTOBER 09, 2018
'rk'
