RIJAUL KARIM Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) ON 05th July, 2010, Cipher R. Gopal, who at that time was working in BSF as Head Constable, was brought to Safdarjung Hospital by a friend, with alleged history of poisoning, while travelling from Nizamuddin Railway Station in an auto rickshaw. He was drowsy at that time though there was no sign of any external injury on his body. An information in this regard was given to Police Station Sangam Vihar on the same date and was recorded vide DD No. 25B which was given to SI Bharat Singh for investigation. On 12.07.2010, SI Bharat Singh brought Cipher R. Gopal to Police Station Hazrat Nizamuddin, where the statement of Head Constable Sipher R. Gopal was recorded. In his statement, the complainant Sipher R. Gopal stated that on 03.07.2010, he took an auto rickshaw in front of Hazrat Nizamuddin for going to BSF camp in Tigri. However, the number of the auto rickshaw was not noted by him. A boy also boarded the said auto rickshaw for going to Khanpur. After they have travelled about 50 yards, another boy boarded the auto rickshaw. After about 25 minutes, one of them brought a soft drink bottle and the said soft drink was consumed by all of them. On consuming the soft drink, he became unconscious and found himself in Safdarjung Hospital on 05.07.2010. He also noticed that his various articled detained in the statement were missing. On registration of FIR, the case was handed over to ASI of Police Station Hazrat Nizamuddin.

(2.) THE case of the prosecution is that both the appellants were involved in robbing the complainant of his various articles after giving some intoxicating drug dissolved in the soft drink which he consumed in the auto rickshaw. Accordingly, both of them were charged under Sections 328/379/411 of IPC read with Section 34 thereof. The prosecution examined as many as 15 witnesses. No witness was examined in defence.

(3.) AND stated that on 03.07.2010, he, after coming out of Nizamuddin Railway Station at about 11.00 AM, hired an auto rickshaw for going to Tigri camp and boarded the said auto rickshaw. A boy, who had to go to Khanpur, also boarded the auto rickshaw with the permission of the driver. After about 50 yards, another boy made the auto rickshaw stop and sat with the driver. After about 25 minutes of travel, the auto rickshaw was stopped in front of a shop and a bottle of Maza cold drink was purchased by the driver along with disposal glasses and all of them shared the cold drink. According to the complainant, initially he refused to take cold drink, but later, they persuaded him to consume the soft drink, whereafter he became unconscious. When he gained consciousness, he found himself in Safdarjung Hospital. He further stated that his belongings, kept in a bag and a brief case as well as the gold chain and gold ring which he was wearing, cash amounting to Rs.1,000/ - and his mobile phone were with him at that time. He further stated that from the hospital, he was shifted to Tigri camp, where be being in depression, took rest. The police was then called and his statement was recorded. During the course of trial, the witness identified both the appellants as culprits and also identified his bag Ex.P -1, blanket Ex. P -2, Jeans Ex.P -3 and Titan Watch Ex. P -/4. 4. PW -5 SI Nand Kishore stated that the appellants Rijaul Karim and Rafikul were arrested by him in the case registered vide FIR No. 241/2011 under Section 328/379/411 of IPC and one bag, one blanket and wrist watch were recovered. According to him, four strips each containing 40 tablets of Ativan were revered from appellant Rajaul whereas, two such strips were recovered from appellant Rafiqul. PW -6 Constable Parvinder Singh stated that one blanket, one bag and wrist watch were recovered from the possession of the appellants and were seized after sealing them with the seal of SS. He also deposed about recovery of Ativan tablets from the appellants. PW -13 Head Constable Bhoop Singh also stated that one wrist watch was recovered from the appellant Rafiqul and was seized vide Ex.PW -6/D which bears his signature at point A and the signature of the appellant at point B. According to him, Rafiqul took them to his room in A -343, J.J. Colony, Shakar Pur and produced the bag Ex.P -1 and blanket Ex.P -2 PW -9 Dr. Anupam Aggarwal proved the MLC of the complainant Ex.PW -9/A. During cross -examination, he denied the suggestion that the poisoning of this nature could be possible due to some gastric problem.