CRL. A. 331/2017

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 27.01.2021

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CRL. A. 331/2017

CHHOTU KUMAR @ CHOTE FAUJI

.....Appellant

Versus

STATE (GOVT. OF NCT OF DELHI)

.....Respondent

Advocates who appeared in this case:

For the Appellant

: Mr. Akshay Bhandari and Mr. Digvijay

Singh, Advocates.

For the Respondent

: Mr. Amit Gupta, APP for State.

CORAM

HON’BLE MR JUSTICE VIBHU BAKHRU

JUDGMENT

VIBHU BAKHRU, J

1.

The appellant has filed the present appeal impugning a

judgment dated 30.11.2016, whereby the appellant, Chhotu Kumar @

Chote Fauji, was convicted of the offences punishable under Sections

186, 353 and 307 of the Indian Penal Code (hereinafter ‘IPC’) and

Sections 25 and 27 of the Arms Act, 1959 (Arms Act). The appellant

also impugns an order on sentence dated 20.12.2016, whereby he was

sentenced to (i) rigorous imprisonment for a period of ten years along

with a fine of ₹25,000/- and in default of payment of fine, to undergo

simple imprisonment for a further period of one year for committing

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an offence punishable under Section 307 of the IPC; (ii) rigorous

imprisonment for a period of two years along with a fine of ₹5,000/-

and in default of payment of fine, to undergo simple imprisonment for

a further period of one month for committing an offence punishable

under Section 353 of the IPC; (iii) rigorous imprisonment for a period

of three months along with a fine of ₹500/- and in default of payment

of fine, to undergo simple imprisonment for a further period of ten

days for committing an offence punishable under Section 186 of the

IPC; (iv) rigorous imprisonment for a period of three years along with

a fine of ₹5,000/- and in default of payment of fine, to undergo simple

imprisonment for a further period of three months for committing an

offence punishable under Section 25(1B)(a) of the Arms Act; and (v)

rigorous imprisonment for a period of five years along with a fine of

₹15,000/- and in default of payment of fine, to undergo simple

imprisonment for a further period of six months for committing an

offence punishable under Section 27(1) of the Arms Act. All the

sentences were directed to run concurrently.

2.

The case of the prosecution is that on 05.07.2015, SI Krishan

Kumar received secret information in the office of Special Cell to the

effect that the appellant, a Constable with Sashatra Seema Bal (SSB),

who was absconding, would come at about 7.30-8.00 P.M, in a Maruti

Wagon-R vehicle (bearing registration no. 3444) for delivering illegal

arms and ammunition, for distribution in Delhi and Haryana with the

aid of a friend, at Rajiv Nagar Bus Stand near the under-construction

Signature Bridge, Delhi. He also informed that the appellant is a

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resident of Uttar Pradesh and is involved with gangsters and in various

criminal cases including murder, attempted murder, looting,

smuggling of weapons. And, he is quite capable of attacking the police

as well.

3.

The information received was entered as DD No. 13. The secret

informer was produced before Inspector Govind Sharma and on his

instructions, a team comprising of ten officials – ASI Ajaibir, SI

Krishan Kumar, HC Rajkumar, HC Umesh, HC Sandeep, HC Rajiv,

HC Sanjeev, HC Surender, HC Narender, and Ct. Anshu – was

constituted.

4.

The said team left for the spot along with arms and

ammunitions as well as the IO kit. The secret informer accompanied

the said team. The police team used three vehicles –a Government

police gypsy, a private car and one motorcycle. The team reached the

spot and SI Krishan Kumar briefed the members of the team and

deployed them at various spots.

5.

According to the prosecution, a Maruti Wagon-R vehicle

bearing registration No.DL-3CZ-3444 arrived at the spot at about

07.35 p.m. from the direction of Khajuri and was going towards Rajiv

Nagar Bus Sta