TULSI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) A secret information about a proposed dacoity was received by SI Naseeb Singh on 26/8/1999 while he was posted at the Operation Cell of North-West District having its office at Maurice Nagar. The said information was shared by him with his senior officers and according to the instructions received, he constituted a raiding party consisting of eight persons including himself, namely, ASI Uma Shankar, ASI Rajiv, HC Rajbir, HC Randhir Singh, Cts. Mahipal, Sukhpal and Arjun Singh. He also took the secret informer along with the Police team to Roshnara Park where, according to the information received, the assailants were to assemble and plan a dacoity. The Police team spread and surrounded itself near gate no.4 of the Roshnara Park. About 04:15 PM three persons arrived in the park followed by two more persons on motorcycle, who all were pointed out by the secret informer as the persons concerned with dacoity.

(2.) To verify and confirm the information, secret informer and HC Randhir Singh, who were in plain clothes, deputed to ascertain the purpose of assembly and veracity of the proposed plan of dacoity. These two persons especially HC Randhir was instructed to give a pre-determined signal in the event of the information turning out to be correct by moving his hand on head. These two persons moved closer to those five persons sitting in Roshnara Park presumably within the hearing distance, to hear the conversation of those persons. HC Randhir Singh gave the pre-determined signal which activated the police team, who had hitherto concealed themselves from those five persons. The policemen surrounded those persons from all four corners and managed to apprehend four of those persons as one Raju somehow managed to make his escape good from the spot. He, however, could not be apprehended at all at any stage as if he evaporated in thin air.

(3.) The persons who were apprehended were searched and a button actuated knife was recovered from Maharam from his right dub, a dagger from accused Tulsi and a Kripan from Shyam Kumar. The paperwork with regard to the recovered articles i.e. sketch and seizure memo etc. was carried and, thereafter, SI Naseeb Singh prepared a rukka (Ex.PW-2/A) and got a case registered at Police Station Roop Nagar under Sec. 399/402 of Indian Penal Code, 1860 (IPC) together with Sec. 25 of the Arms Act, 1959. The investigation, thereafter, was handed over to ASI Ram Kumar, completion of which shaped up in the chargesheet under Sec. 399/402 IPC and 25 Arms Act.