SANJAY Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) On 27.09.2009, the Police Control Room (PCR) was informed of the passengers in Himalayan Queen Train having been robbed between Narela and Holambi Kalan Railway Station. The information when conveyed to the Police Station Old Delhi Railway Station, was recorded vide DD No.20, copy of which is Ex.PW19/A, and its copy was given to ASI Rameshwar Dass for investigation. When the Investigating Officer reached the spot, he found a crowd gathered at the train. He recorded statement of the complainant Shashi Kant, who inter alia, stated that on the aforesaid date, as soon as the train left Sonepat, 6-7 boys aged between 20-30 years boarded the train from the other side of the platform. Out of them, one was a bulky boy with dark complexion having a cut on his right cheek whereas the other boys were slim or medium built. As soon as the train reached Narela, they covered the whole of the coach. One of them had a country made pistol with him whereas the others have knives and razors. They started beating the passengers and robbed them of their valuables. One passenger Udhal Singh pulled the chain. When the train was about to reach H.K. Railway Station, those persons jumped from the train and fled towards the fields. The complainant alleged that he had been robbed of Rs.8,000/- on the point of a country made pistol whereas Anil Kumar Jha, who was sitting with him was robbed of his mobile phone number 9805671907, and Rs.2,000/- in cash whereas another passenger Bimla Devi was robbed of her chain and Rs.10,000/- in cash. He claimed that a number of other passengers had been robbed of their cash and valuables etc.

(2.) This is also the case of the prosecution that on 20.09.2009, the accused Sandeep, Ashok and Praveen were arrested on the basis of secret information and a toy pistol (country made pistol) was recovered from Sandeep, whereas razors were recovered from Ashok and Praveen. They were interrogated and during interrogation, they named the other co-accused persons and admitted their involvement in the crime. They led them to the house number C-24, JJ Colony, Shahbad Dairy where one mobile phone make Nokia 1650 was produced by the accused Ashok from his room. The IMEI number of the said mobile phone matched with the mobile phone of one of the victims namely Prince Gupta. The accused Sandeep also produced a polythene bag containing six mobile phones and a black colour purse from his room. The said purse contained photocopy of the driving license of Naresh Kumar besides two visiting cards etc. Out of the six mobile phones, IMEI number of one phone make Samsung 3314 matched with the phone of another victim namely Ashok Kumar Trivedi, which was stolen from him during the aforesaid dacoity. All the three above named accused persons were produced before the Magistrate in muffled face, but they refused to join TIP proceedings. On 22.10.2009, the accused Rohit surrendered in the Court and was arrested. He also refused to join TIP. However, nothing could be recovered from him.

(3.) On 10.11.2009, an information was received from SHO/GRP, Sonepat with respect to arrest of the accused Mehfooz by them. After obtaining his production warrants, Mehfooz was arrested and was produced before a Magistrate. He, however, refused to join TIP. Nothing could be recovered from him despite his police custody having been taken. On 20.11.2009, accused Sanjay surrendered before the concerned Magistrate. He was then arrested in this case and was produced before the Magistrate in muffled face. He also refused to join TIP. Nothing was recovered from him. One of the mobile phones which were recovered from accused Sandeep belonged to the victim Anil Kumar Jha as was discovered by matching its IMEI number. Initially, the charge-sheet was filed against the accused Sandeep, Ashok, Pravin, Rakesh, Mehfooz and Sanjay. Accused Rohit was arrested at a later date and a supplementary charge-sheet was filed against him.