SANDEEP CHAUDHARY Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11th April 2014 passed by the learned District & Sessions Judge (East), Karkardooma Courts, Delhi in SC No. 13/2011 convicting the Appellant for the offences under Sections 186, 353 and 307 IPC and Sections 25 and 27 of the Arms Act and the order on sentence dated 16th April 2014 whereby for the offence under Section 186 IPC the Appellant was awarded simple imprisonment ("SI") for three months; for the offence under Section 353 IPC he was awarded rigorous imprisonment ("RI") for two years; for the offence under Section 307 IPC he was awarded RI for three years and fine of Rs.5,000 and in default to undergo SI for three months; for the offence under Section 25 of the Arms Act he was awarded RI for three years with fine of Rs.5,000 and in default to undergo SI for three months and for the offence under Section 27 of the Arms Act he was awarded RI for seven years with fine of Rs.5,000 and in default to undergo SI for three months. The sentences were directed to run concurrently.

(2.) The case of the prosecution is that on 10th November 2010 at about 1 pm a secret informer came to the office of the Anti-Robbery Cell (ARC) Crime Branch, Nehru Place, Delhi. Information was given to Head Constable (HC) Suresh Kumar (PW-6) and Constable Rajesh (PW-5) that the Appellant who had an award of Rs.25,000 for his arrest and belonging to Bulandshehar, Uttar Pradesh would come near Anand Vihar, ISBT at around 5 pm. The secret informer was produced before Inspector Sajjan Singh (PW-12). PW-12 then briefed PW-6, PW-5, HC Sandeep, HC Pawan, Constable Anil, Constable Surender as well as Constable Ajit. PWs-5 and 6 were directed to remain in police uniform. At around 1.30 pm police party left in a private car and motorcycle and reached ISBT Anand Vihar. Police party took position on both sides of the exit gates of ISBT Anand Vihar. At around 5.50 pm, secret informer pointed out towards the motorcycle bearing No. DL 8S AG 5088 stationed in front of the exit gate and identified the Appellant. In the meanwhile the Appellant began proceeding on his motorcycle, and the police party chased him. The Appellant took a u-turn towards Ghazipur village and then towards NH-24 Ghaziabad. While he drove the motorcycle towards the fruit and vegetable Market, HC Pawan overtook him and stopped his vehicle in front of the motorcycle due to which the Appellant's motorcycle slipped on the debris. The Appellant then started running towards the vegetable market (mandi). The police party chased him and asked him to surrender at which point he took out a country made pistol from the right pocket of his track suit. Pointing the weapon towards the police party, he stated that if anyone chased him he would be killed. The Appellant is stated to have fired a shot pointing at PW-6. At that moment, PW-12 gave cover to PW-6 and fired two shots in the air from his service revolver. Meanwhile, PW-6 caught hold of Appellant and PW-5 snatched the pistol from his hand. On searching the Appellant, three live cartridges were recovered from the right pocket of his track suit. One fired cartridge was also recovered from his pistol. The pistol was measured and a sketch prepared. The pistol and cartridges were converted into sealed pullandas and seized under memos Ex. PW-5/B. The FSL Form was filled up and the seal after its use was handed over to PW-6 vide memo Ex.PW5/C.

(3.) PW-12 is stated to have prepared the rukka (Ex.PW-12/A) and handed it over to PW-5 who took it to police station Crime Branch, Nehru Place. Duty Officer HC Ashok Kumar (PW-3) registered an FIR (Ex.PW-2/A) by making an endorsement on the rukka. Further investigation was entrusted to SI Sumer Singh (PW-8) who reached the spot thereafter and prepared a site plan Ex. PW-8/A at the instance of PW-12.