Ibrahim v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. February 19, 2009 mm

* IN THE HIGH COURT OF DELHI Judgment reserved on : February 10, 2009 % Judgment delivered on : February 19, 2009 + CRL.A. 105/2008 IBRAHIM ..... Appellant Through: Mr. K.B.Andley, Sr. Adv. with Mr. K.K.Tyagi, Adv. Mr. Iftekhar Ahmed, Adv. versus STATE ..... Respondent Through: Mr. Pawan Sharma, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE ARUNA SURESH 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? Yes 3. Whether judgment should be reported in Digest? Yes : PRADEEP NANDRAJOG, J. 1. Criminal law was set into motion when pursuant to a wireless information DD No.32B, Ex.PW-1/A, was recorded by Const. Randhir Singh PW-1, at 11.40 AM on 02.03.2002 at PS Sultan Puri to the effect that a husband and wife are quarreling in a house bearing Municipal No.F-2/322, Sultan Puri, Delhi. 2. ASI Puran Chand PW-22, was handed over a copy of the DD Entry. Accompanied by Const Jagdish PW-16, he reached the spot where both met Aakash PW-2, who told them that a lady named Baby (hereinafter referred to as the "Deceased") who was living as a tenant in a room on the first floor of the property was being beaten by a man named Ibrahim and that he had locked Ibrahim inside the room by bolting the door from outside. 3. ASI Puran Chand PW-22, and Const. Jagdish PW-16, along with Aakash PW-2, reached the first floor of the property and what happened thereafter is recorded in the endorsement (tehrir) Ex.PW-22/C made by ASI Puran Chand PW-22, which reads as under:- "Respected Duty Officer PS Sultan Puri Delhi it is humbly submitted that after receiving a copy of DD No.32B I ASI accompanied with Const. Jagdish No.2743/NW reached the spot where a crowd was gathered. Aakash who was present at the spot told me that one Ibrahim is beating his aunt in the room of the tenant in the first floor of the property and that he had locked Ibrahim in the said room by bolting the door from outside. When I ASI along with Aakash reached the first floor and opened the door I saw that a lady named Baby who was soaked in blood was lying dead on the ground and the goods present in the room were lying in a scattered condition. Aakash had told me that the name of the lady was Baby. A boy named Ibrahim whose hands were smeared with blood was found standing near the lady. I ASI conducted the personal search of Ibrahim whereupon a small jewellery pouch was found in the right pocket of his pant. The jewellery pouch was opened and one pair of gold earrings, three pairs of silver anklets, one pair of toe ring and one pair of silver coin on which Om was inscribed were found in the said pouch. At that time Jagdish who had just arrived at the spot identified the jewellery articles found in the pouch as belonging to him. The said jewellery articles were kept back in the pouch and pouch was kept in a cloth pulanda. The said pulanda was sealed and seized as an evidence by the police. Thereafter the statement of Aakash was recorded and on basis of said statement and circumstances found at the spot Ibrahim is found guilty of committing offences punishable under Section 394 and 392 of Indian Penal Code. The said endorsement is being handed over to Const. Jagdish No.2743/N for registration of FIR. The FIR be registered and case be entrusted to SHO for further investigation. The photographer and crime team be sent to the spot for investigation. Arrival at the spot: 02.03.2002 at around 11.30 AM Place of occurrence: Room inside the first floor of F2/322 Time of departure of Endorsement: 02.03.2002 at 1.30 PM". (Translated Version) 4. The endorsement aforenoted on basis whereof the FIR was registered was preceded by ASI Puran Chand PW-22, recording the statement Ex.PW-2/A of Aakash, the gist whereof is that Aakash along with his brother Anurag and a friend were present on the ground floor of his house on the date of the incident. That at around 11.30 AM he went to the first floor where Jagdish with his fam