MAYA DEVI Vs. STATE

JUDGEMENT

(1.) The present criminal revision petition is filed under Sec. 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') read with Sec. 401 of the Code to impugn the judgment dtd. 13/9/2017 (hereinafter referred to as the 'impugned judgment') passed in Criminal Appeal bearing no 24/2017 (56/2017) titled as Maya Devi and Another V The State GNCT of Delhi arising out of FIR bearing no 0242/2004 dtd. 29/7/2004 passed by the court of Sh. S.K. Malhotra, ASJ/FTC/e-Court, Shahdara, Karkardooma, Delhi (hereinafter referred to as the 'appellate court').

(2.) In backdrop of case briefly narrating the facts of the case are that PW4 ASI Rajbir Singh along with HC Devender, PW2 Ct. Shiv Dutt and Ct. Arun Kumar on 28/7/2004 were on patrolling duty at 100 futa road near Shiv Mandir and at about 9.15 pm received a secret information that one person, namely, Nempal has kept illegal arms and ammunition at his house bearing no E-151, Rajiv Gali, East Babarpur and the said Nempal can be apprehended if the raid is conducted. Accordingly, PW4 ASI Rajbir Singh constituted a raiding party and requested 6-7 passersby to join the investigation but none agreed and left the spot without disclosing their details. Thereafter, PW4 ASI Rajbir Singh along with raiding party went to Yaad Ram Gali and requested 4-5 passersby to join the investigation and PW3 Surender Kumar Parashar has agreed to join investigation. The raiding party reached at Rajiv Gali where they again asked 4-5 passersby to join investigation but the public persons namely, Ramphere, Jaibir Singh Pal and others did not agree to join the raiding party. The raiding party led by PW4 ASI Rajbir Singh knocked the door of the house at about 10.00 pm which was opened by Maya Devi (hereinafter referred to as the 'petitioner') and in the meantime, one person whose name was later on disclosed as Nempal and was husband of the petitioner ran away from the house. The independent witness PW3 Surender Kumar Parashar was asked to take personal search of the police officials and the house was accordingly, searched by the raiding party. The raiding party during the search of the house had seen one iron box which was lying in open space i.e. angan (courtyard). The raiding party took the keys of the box from the petitioner and opened said box wherein one printed quilt (rajai) was found. One polythene bag was found under the quilt which was found to be containing desi katta Ex. P1, one country made pistol Ex. P2, 7 empty cartridges of .315 bore Ex. P4, one brown belt containing 16 live cartridges Ex. P5 and4 boxes of cartridges each containing 10 cartridges Ex. P6 were found. PW4 ASI Rajbir Singh passed on the information to the senior officers.SHO, PS Welcome, at about 10.40 pm also came at the spot and interrogated the petitioner who on interrogation disclosed that recovered arms and ammunition belong to her husband namely Nempal. The ACP, PS Shahdara at about 10.55 pm also came at the spot and made enquiries from the petitioner. The photographs of the spot were taken. PW4 ASI Rajbir Singh prepared the sketches of desi katta and revolver which are Ex. PW2/A and Ex. PW2/B. The recovered arms and ammunition were seized vide seizure memo (Ex/PW2/C) after converting into pullandas which were sealed with the seal of 'RBS'. CFSL form was filled and the seal after use was handed over to PW2 Ct. Shiv Dutt. PW4 ASI Rajbir Singh prepared rukka (Ex. P4/A) which was sent to the police station for registration of case through PW2 Ct. Shiv Dutt. FIR bearing no 242/14 (Ex.PW1/B) was got registered. PW9 SI Arvind Sagar conducted the further investigation and during further investigation arrested the petitioner vide arrest and personal search memos Ex. PW2/D and Ex.PW2/E, prepared site plan and recorded the statement of public witness i.e. PW3 Surender Kumar Parashar. PW9 SI Arvind Sagar along with PW2 Ct. Shiv Dutt on 29/7/2004 arrested accused Nempal vide arrest and personal search memos Ex. PW2/F and Ex. PW2/G and recorded his disclosure statement Ex. PW2/H. The accused Dutta Ram was also arrested on the basis of disclosure statement made by accused Nempal. The case property was sent to FSL for forensic analysis. The charge sheet was filed after conclusion of investigation.

(3.) The court of Sh. Pranjal Aneja, Metropolitan Magistrate-01, Shahdara, Karkardooma Courts (hereinafter referred to as 'the trial court') vide judgment dtd. 8/10/2016 convicted the petitioner and Nempal for the offence punishable under Sec. 25 of the Arms Act, 1959 and vide order on sentence dtd. 18/3/2017sentenced them to undergo simple imprisonment for a period of one year and to pay fine of Rs.2,000.00 each in default of fine to additionally undergo simple imprisonment for 15 days. The relevant portion of the judgment dtd. 8/10/2016 is reproduced verbatim as under:-