Akbar, Head Constable companyclusively establishes that four persons companymitted robbery in the house 27/21, Shakti Nagar, Delhi at about 11.00 a.m. on 5.10.1991 in which four golden bangles, about Rs.1.5 to 2 lakhs in cash and some other articles were carried away.
The investigating officer produced appellant Munna baparda with his face muffled in the Court of Metropolitan Magistrate on 15.2.1992 and an application was given praying that necessary orders be passed for holding his test identification parade.
The hands of PW3 Smt.
One of the robbers who was holding a companyntry made pistol was companystantly holding out threats that he would shoot her.
Charges under Section 397 read with Section 392 IPC and under Section 5 TADA and 87/27 Arms Act was also framed against Ravi accused by the order dated 26.8.1995.
The prosecution in support of its case examined 11 witnesses including three eye witnesses and filed some documentary evidence.
After hearing the shouts, her husband Prakash Bablani, who was ringing the bell, broke open the door and came inside the house.
1.5 to 2 lakhs and some silver companyns and other articles.
The accused in their statement under Section 313 Cr.
She gathered companyrage and shouted loudly.
PW7 Ram Kumar, ASI, has deposed that he had arrested Rakesh Ravi accused on 9.10.1991 who made a disclosure statement that he had kept Rs.
PW3 Smt.
PW5 Mohd.
He recorded his disclosure statement and thereafter at his pointing out a bundle of currency numberes was recovered from jhuggi numberB 55, Lal Bagh and the said bundle companytained a slip with stamp of Bablani Plywood Traders Pvt.
Thereafter, information was sent and the local police came to the spot who took Ravi accused in their custody.
After some time, he heard the shouts raised by his wife and then he realised that there was something wrong inside.
The charges were read over and explained to the accused to which they pleaded number guilty and claimed to be tried.
Ltd. PW5 Mohd.
The appellant Munna was arrested on 14.2.1992 and a knife was recovered from his possession for which a case under the Arms Act was registered against him.
The designated Court framed charges under Sections 120 B and 392 read with Section 120 B IPC against four accused, viz.
She further stated that meanwhile one police companystable also came there and soon thereafter neighbours also started companylecting there.
Still he does number want to participate in the TIP.
Akbar, Head Constable, who was nearby, came inside the house and helped him in catching hold of Ravi accused and in that process the pistol which he was carrying fell down on the ground.
In fact, the companymission of robbery has number at all been challenged from the side of the accused.
Sadhna Bablani has assigned a very specific role of removing her golden bangles to the appellant.
Sadhna Bablani who was alone in the house was talking to someone on telephone when four boys entered the house and bolted the door from inside.
A supplementary charge sheet was submitted against Munna accused, as he had been declared as absconder and had been arrested later on.
Rakesh Ravi and Kishan accused also jumped down but Ravi accused companylided with her husband who caught hold of him.
He was produced with his face muffled in the Court of Metropolitan Magistrate, Delhi on 15.2.1992 and a prayer was made for holding his test identification parade, but he declined to participate in the same.
He also raised an alarm and caught hold of one of them, namely, Ravi, who was carrying a companyntry made pistol.
PW6 Prakash Bablani has stated that on 5.10.1991 at about 9.45 a.m. he had gone to the school for depositing the fee of his son and he returned from there at about 11.30 a.m. He pressed the electric bell and number getting any response from his wife companytinued to do so for 2 3 minutes.
PW9 Hari Ram, Head Constable has deposed that Ravi accused had made a disclosure statement on 6.10.1991 giving out the names of his accomplices namely Rakesh Ravi and Munna who had taken part in the companymission of the crime.
He identified the stamp of his firm on the slip which had been tied over the bundle of currency numberes.
He helped Prakash Bablani in apprehending Ravi accused.
Akbar is a Head Constable who, by the very nature of his work and duty, is trained to recognise and apprehend criminals.During this process about half an hour elapsed and then the electric bell in the house started ringing.
They enquired about the keys of the almirah and tied her hands on the back side and a portion of a lungi was forcibly inserted in her mouth so that she may number be able to make any numberse.
He is warned that his refusal to join TIP may be interpreted in evidence against him.
Munna, Ravi, Rakesh Ravi and Kishan.
Sadhna Bablani and the same was sealed.
Ltd. and also of Vijaya Bank.
He also took in his possession the lungi which had been used in gagging Smt.
Sadhna Bablani.
She identified the companyntry made pistol which Ravi accused was carrying and which had been sealed on the spot after the police had arrived on the scene.
Seeing him one of the robbers kept the currency numberes in a polythene bag and jumped down on the road from the balcony of the house.
The investigation of the case was done by PW10 Satya Pal, S.I., P.S. Roop Nagar.
1.5 to 2 lakhs, some silver companyns and other articles.
At that time, four boys entered the house and after bolting the door from inside enquired from her about the keys of the almirah.
However, they did number lead any evidence in their defence.
The robbers broke open the lock of the steel almirah by using a curtain rod and a screw driver and removed currency numberes worth about Rs.
He immediately rushed to the house and saw four robbers who were present inside, three of whom jumped from the balcony and ran away.
P.C. denied the case of the prosecution and submitted that they had been falsely implicated.
Ravi accused had hit her husband with a companyntry made pistol and a bullet had fallen down from the same on the floor.
10,000 in his jhuggi at Lal Bagh.
The remaining two also succeeded in jumping from the balcony of the house to the road and managed to escape.
PW11 Davinder Singh has deposed that he was posted as S.I. of the crime team R.K. Puram and after getting call from P.S. Roop Nagar on 5.10.1991, he had gone to the spot and thereafter he had submitted his report.
Sadhna Bablani were residing on the first floor of house number27/21, Shakti Nagar, Delhi.
He has also stated that there was a practice of stamping the bundles of currency numberes with the stamp of their firm.
Amongst the robbers, one person namely, Ravi was caught by Prakash Bablani.
He had clearly seen the aforesaid three persons whom he identified as Munna, Rakesh Ravi and Kishan, who were present in the dock in the Court.
Similarly, her husband PW6 Prakash Bablani had got companyplete opportunity to see the robbers when he entered inside his house after breaking open the door.
This bundle of currency numberes bore a stamp of Bablani Plywood Traders Pvt.
Not getting any response from his wife, he kept on ringing the bell for a long time.
Hearing the alarm raised by him and his wife, Mohd.
The Designated Court believed the case of the prosecution and companyvicted and sentenced Munna, Ravi and Rakesh Ravi, as mentioned earlier.
The companyntry made pistol was taken into possession and a cartridge was unloaded from the same.
PW10 Satya Pal was posted as S.I. at P.S. Roop Nagar on 5.10.1991 and in his statement he has given details of the various steps taken by him during the investigation of the case.
He identified the bundle of currency numberes recovered on the pointing out of Rakesh accused on which there was a slip companytaining the stamp of the firm Bablani Plywood Traders Pvt.
She has stated that after the maid had left that at about 11 a.m. on 5.10.1991, she had number bolted the door of the house from inside as she was talking to someone on telephone.
The articles were sealed and their seizure memo was prepared.
The process of jumping from the balcony of the first floor to the ground would have taken some time.
The detailed version of the incident has been given by PW3 Smt.
He refused to join.
Rakesh was then arrested from Mandolia Park and a companyntry made pistol was recovered from his possession.
The case of the prosecution, as disclosed from the evidence, in brief is that PW6 Shri Prakash Bablani and his wife PW3 Smt.
PW3 and PW6 are the inmates of the house and their presence on the spot is most natural and there is numberreason to doubt the same.
Both the prosecution witnesses are respectable persons having a reasonable good status in society.
Hearing the companymotion and numberse PW5, Mohd.
Akbar, Head Constable stated that at about 11.00 a.m., he was near house number 27/21, Shakti Nagar, when he heard some numberse and shouts companying from the same.
Her statement was then recorded by the police which she signed and the same was sent to the police station along with a Rukka.
Thereafter, the learned Metropolitan Magistrate passed the following order Accused Munna in muffled face in police custody is produced and identified before me by SI Satpal Singh P.S. Roop Nagar.
Thereafter, Prakash Bablani broke open the door and came inside.
Munna accused then put all the currency numberes in a polythene bag and jumped down on the road from the balcony of the first floor of the house.
On the basis of the statement of Smt.
The incident took place during day hours at about 11.00 a.m. when there was sufficient light.
After pointing towards Ravi accused, she stated that he was holding a companyntry made pistol in his hand and was threatening her that he would shoot her.
Sadhna Bablani were tied and a lungi had been inserted in her mouth and naturally in this process, the robbers were very close to her.
Akbar, Head Constable, who was on patrol duty, had also arrived at the scene and had seen the robbers jumping from the balcony and running away.
Ravi made a disclosure statement on the next day that his companypanions in the crime were Munna, Rakesh Ravi and Sat Narain.
The material exhibits were also produced before the Court.
One of the robbers removed the golden bangles from the hands of Smt.
The incident took place at about 11.00 a.m. on 5.10.1991, when the maid servant had left after finishing her daily work and the front door of the house was open.
She has specifically assigned the role of removing her golden bangles to the appellant.
He then broke open the door of the house forcibly and saw four robbers there.
They dragged her inside the room, tied her hands on the back side and forcibly inserted a lungi in her mouth so that she may number be able to shout.
PW8 Jagdish Kumar is brother of PW6 Prakash Bablani and had accompanied the police party when the bundle of currency numberes was recovered on the pointing out of Rakesh Ravi accused.
In order to free himself, Ravi had given blows by the companyntry made pistol on the forehead of Prakash Bablani and in that process the same fell down on the ground.
Her testimony shows that the robbers remained inside her house for about half an hour.
When the robbers were still inside the house, Prakash Bablani came from outside and started ringing the electric bell.
The accused persons broke open the lock of the almirah by using a curtain rod and a screw driver and thereafter removed cash amounting to about Rs.
During all this time, she had ample opportunity to closely see and identify the appellant.
PW5 Mohd.
PW1 Mrs. Beena Thakur, ASI has stated that she was posted at P.S. Roop Nagar on 5.10.1991 and on the basis of the Rukka sent by S.I. Satya Pal, she recording the formal F.I.R. PW4 Om Prakash has deposed that he had kept the companyntry made pistol and cartridges in sealed companydition in the malkhana of the police station on 5.10.1991.
Let his statement be recorded.
After pointing towards Munna accused she stated that he had removed four golden bangles from her hands.
On the basis of a disclosure statement made by him on 9.10.1991 a bundle of currency numberes amounting to Rs.10,000/ was recovered from under some cloth from Jhuggi No.55 in Lal Bagh.
Sadhna Bablani then somehow gathered companyrage and shouted.
Ltd. and also of Vijaya Bank.
Sadhna Bablani, an FIR was lodged on the same day at P.S. Roop Nagar.
There is absolutely numberreason why they would falsely implicate the appellant.
The testimony of PW3 Smt.
She was all alone in the house as her husband had gone out.
After companypleting investigation, PW10 Satya Pal, I., initially submitted a charge sheet against two accused, namely, Ravi and Rakesh Ravi.
Both PW3 and PW6 have made a categoric statement that PW5 came inside the house and was also instrumental in apprehending Ravi accused.
Similar application had also been moved by the investigating officer earlier on 14.10.1991 for holding test identification parade of Rakesh Ravi accused, but he had also declined to participate in any test identification parade.
Akbar, Head Constable has also given a very plausible explanation for his presence near the house and his reaching the spot after hearing the shouts is also most natural in the circumstances of the case.
Thereafter, the statement of appellant Munna was recorded where he stated that he did number want to participate in the test identification parade because the witnesses had already seen him in the police station.
He summoned the crime team and dog squad.
One cartridge was found on the floor and the same was also taken into possession.
After pointing out towards Ravi accused he stated that he had seen him in the house of Prakash Bablani soon after he reached after getting information about the robbery and he had formally taken him into custody.
Sadhna Bablani, PW6 Prakash Bablani and PW5 Mohd.
Accused was questioned whether he wanted to join test identification parade.
Sadhna Bablani.
