Delhi District Court
State vs . (1) Asif on 29 October, 2014
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS JUDGE
II (NORTHWEST): ROHINI COURTS: DELHI
Session Case No. 144/2013
Unique Case ID No.:02404R0221992010
State Vs. (1) Asif
S/o Sh. Yunus
R/o Village Ajrala, PSMundali
District Meerut, Uttar Pradesh
(Convicted)
(2) Bholu
S/o Sh. Babu
R/o F111, Ragubir Nagar
Delhi
(Convicted)
(3) Salim
S/o Sh. Munim
R/o Gali No.1, 30 Fotta Santra
Shyam Nagar, District Meerut,
Uttar Pradesh
(Proclaimed Offender)
(4) Kailash
S/o Sh. Ghasi Ram
R/o Village Saloli, PS Raini
District Alwar, Rajasthan
(Convicted)
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 1
(5) Rizwan
S/o Sh. Momin
R/o Village Ajrala Pana Kurasiyan
PS Sadar Mundali,
District Meerut, Uttat Pardesh
(Convicted)
(6) Yakub
S/o Sh. Hanif
R/o Village Dhauldi, Tehsil Meerut
PSJani, District Meerut
Uttar Pardesh
(Expired)
(7) Wasim
S/o Sh. Akram
R/o Village Ghumri PS Chhajle
Tehsil Kanth, District Meerut,
Uttar Pradesh
(Convicted)
(8) Sita Ram
S/o Sh. Mool Chand
R/o Village Biderkhan PS Nagal
District Dausa, Rajasthan
(Convicted)
(9) Gulfam
S/o Sh. Ismail
R/o Mohalla Rauhsul Nagar,
Gas Godam Wali Gali,
Shastri Nagar, Hapur Raoad
Meerut, Uttar Pardesh
(Convicted)
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 2
(10) Siraz
S/o Sh. Riyazuddin
R/o Teli Wala Kuan,
Mohalla Kabuli Gali, Mawana,
District Meerut, Uttat Pardesh
(Convicted)
(11) Sahbuddin
S/o Abdul Rasid
R/o H. No. 519, Gali No. 3,
Old Chungi, Rampura Raod,
Hapur, Uttar Pardesh
(Convicted)
(12) Rajesh @ Putiya
S/o Sh. Dhariya
R/o Village Kishore, PS Gazi,
District Alwar, Rajasthan
( Convicted)
(13) Khalid
S/o - Not Known
R/o House of Deepak,
Near Shamshan Ghat, MBlock,
Shakurpur, Delhi
(Proclaimed Offender)
FIR No.: 94/2010
Police Station: Kanjhawla
Under Sections: 186/353/307/295A/429/411/482/34 IPC;
25/27 Arms Act; 3,4 PODPP Act;
5 (1), 8 DACP Act and 11 POCA Act
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 3
Date of committal to session court: 29.7.2013
Date on which orders were reserved: 30.9.2014
Date on which judgment pronounced:1.10.2014
JUDGMENT:
(1) As per the allegations on 14.5.2010 at about 4:45 AM at Mundka Road leading to Rani Khera near village Rani Khera, Delhi the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahbauddin and Rajesh @ Putiya along with their associates Salim (Proclaimed Offender, Khalid (Proclaimed Offender) and Yakub (since expired) in furtherance of their common intention voluntarily obstructed SI Mahavir Singh and his team members i.e. public servants in discharge of their public functions and used criminal force on SI Mahavir Singh and his raiding team who are public servants in the execution of their duties as such public servants or with intent to prevent or deter them from discharging their duties as such public servants. Further, it has been alleged that all the accused in furtherance of their common intention fired upon SI Mahavir Singh and his raiding team by firearms with such intention or knowledge and under such circumstances that if by their act they caused the death of SI Mahavir Singh or the raiding team members, they would be guilty of murder. It has also been alleged that all the accused in furtherance of their common intention committed mischief by killing three cows of the value of Rs.50/ and upwards and deliberately St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 4 and with malicious intention of outraging the religious feelings of any class of citizens of India by their acts insulted or attempt to insult the religion or the religious beliefs of that class. Also, as per the prosecution all the accused in furtherance of their common intention committed mischief by throwing stones and by firing from firearms of the official vehicle of SHO Police Station Vijay Vihar which is a Public Property. It is also alleged that all the accused in furtherance of their common intention they all transported three cows the agriculture cattle from within and outside Delhi for purpose of its slaughter in contravention of provisions of Delhi Agriculture Cattle Preservation Act and found in possession of three slaughtered cows in their vehicle bearing No. UP14M7786 Mahendra PickUP.
BRIEF FACTS/ CASE OF THE PROSECUTION:
(2) The case of the prosecution is that 14.05.2010 after the incident of cow slaughtering in Outer District, a special team comprising of officials of Special Staff, Outer District and Police Station Vijay Vihar was constituted to apprehend the criminals involved in the crime. At about 3:00 AM an information was received by SI Mahavir Singh through the secret informer that criminals involved in the crime who were also having deadly weapons would be coming/ passing through the area of Outer District in a pickup van having the last digits as 7786 and there might be slaughtered cows in the van and the criminals might be carrying St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 5 deadly weapons. The above information was shared by SI Mahavir with Inspector Sudesh Kumar the then SHO Police Station Vijay Vihar and other members of the team after which all the team members had gone by their private vehicles. At about 44:15 AM the team was again briefed by SI Mahavir Singh on Rani Khera Village Road towards the road that leads to Mundka Phatak and after proper briefing the staff was deployed by SI Mahavir Singh. At about 4:45 AM a white colored pickup van bearing No. UP14M7786 was seen coming from Mundka Fatak side and proceedings towards Rani Khera village after which on the pointing out of secret informer all the members of the team were put on alert by signaling that the criminals had arrived. As per plan HC Surender Dhaiya and Ct.
Pawan had already been directed to put big stones in the middle of the road to force stop the vehicle and SHO Police Station Vijay Vihar was already waiting on the road in his official gypsy while the other teams followed the pickup van on their vehicles, SHO Police Station Vijay Vihar tried to obstruct the pickup van by putting his official gypsy on the road but the driver of the pickup van again escaped by turning the vehicle on the other side and the persons sitting in the pickup van simultaneously started throwing stones on the police party. One such stone hit the official gypsy of the SHO Police Station Vijay Vihar which resulted into smashing of the front glass/ wind screen of the official gypsy. However, the police party managed to over take the pickup van and stopped the same after about 50 meters. One of the persons who was trying to escape St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 6 fired upon police party which hit the bonnet of the gypsy of the SHO Police Station Vijay Vihar Inspector Swadesh Prakash on which HC Rohtash and Ct. Sandeep overpowered the said person who had fired and managed to apprehend him and snatched the katta from his hand. In the meanwhile another accused who was running away also took out a katta and as soon as he was about to fire on the police officials following him, he was apprehended by HC Surender Dahiya with the help of Ct. Hari Chand and Ct. Kuldeep. Four other persons who were trying to escape were also apprehended by the other members of the police party whereas fivesix persons managed to escape from the spot. The persons who had fired on the police party which fire had hit the bonnet of the police gypsy disclosed his name as Asif and the second person who was about to fire on the police party disclosed his name as Mohd. Salim, whereas other persons/ assailants who were apprehended at the spot disclosed their names as Yakub, Wasim, Sita Ram and Kailash. On checking the Mahindra Pickup van bearing No. UP14M7786 three slaughtered cows, one katta (plastic bag) containing stones, three iron rod hooks, two iron rods hooked from both side and one iron rod hooked from one side were found underneath the driver seat.
(3) SI Mahavir Singh then prepared a complaint on the basis of which the present FIR was registered and the investigations were marked to Inspector Gajender Singh who then arrested the accused Ashif, Mohd. Salim, Yakub, Wasim, Sita Ram and Kailash. The Investigating Officer St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 7 then seized the weapons recovered from the accused, weapons recovered from the Pickup Van and also seized the Pickup Van along with the slaughtered cows. Pursuant to his disclosure statement the accused Asif led the police party to the godown of accused Bholu where accused Bholu was not present. The shutter of the godown was found opened and three slaughtered cows were also found in the said godown which were then taken into possession by Inspector Gajender Singh. (4) On 2.6.2010 pursuant to a secret information the accused Bholu was apprehended from his godown at Chanakya Place in Uttam Nagar after which he was arrested the present case. On 4.9.2012 the accused Siraj was apprehended by the members of Special Staff from near Delhi Jal Board, Sector 8 Rohini, Delhi after which the accused Siraj was arrested in the present case. On 11.2.2013 the Investigating Officer came to know that the accused Rizwan was in Judicial custody in other case relating to Police Station Crime Branch after which he was arrested in the present case. On 9.4.2013 pursuant to a secret information the accused Gulfam was apprehended by the members of Special Staff from near Mangolpuri Railway Station after which the accused Gulfam was arrested in the present case. On 22.4.2013 pursuant to a secret information the accused Rajesh @ Puteya was apprehended by the members of Special Staff from Shamshan Ghat, Sector 8, Rohini, Vijay Vihar after which the accused was arrested in the present case. On 1.7.2013 pursuant to a secret information the accused Shabuddin was St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 8 apprehended by the members of the Special Staff from cattle fare at Tehsil Gulwathi, Meerut after which the accused was arrested in the present case. In so far as the accused Salim and Khalid are concerned, they absconded and have been declared as Proclaimed Offenders. Further, in so far as the Yakub is concerned he had expired in Outer District when he along with his other associates including Asif were trying to escape after lifting cattle and when stopped, they fired at the police party and threw stones at them., The accused Asif who is the Mastermind behind these incidents has already been held guilty and convicted in the said case i.e. FIR No. 32/2013, Police Station Subhash Place, under Sections 186/353/332/307/482/120B IPC, 25/27 of Arms Act, 3 of Prevention of Damage to Public Property Act and Section 5 of Delhi Agriculture Cattle Preservation Act. After completion of investigations in the present case the charge sheet was filed in the Court. CHARGES:
(5) Charges under Sections 186/34, 353/34, 307/34, 429/34, 295(A)/34 Indian Penal Code; Section 3 & 4 of Prevention of Damage to Public Property Act, 1984 and Sections 12 & 13 r/w 5 & 8 of Delhi Agriculture Cattle Preservation Act, 1994 were settled against the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Putia to which they pleaded not guilty and St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 9 claimed trial.
(6) Before coming to the testimonies of individual witnesses, the details of the witnesses examined by the prosecution and the documents proved by them are hereby put in a tabulated form as under:
List of Witnesses:
Sr. PW No. Name of the witness Details of witnesses No. Prosecution witnesses:
1. PW1 Retd. HC Vijay Singh Police Witness MHCM
2. PW2 Ct. Satbir Police Witness who had taken the exhibits to FSL
3. PW3 Ct. Sanjay Police Witness who had taken the exhibits to FSL
4. PW4 Ct. Ashok Police Witness who has proved the formal arrest of accused Shahbuddin
5. PW5 Ct. Rakesh Police Witness who has proved the formal arrest of accused Gulfam
6. PW6 HC Ved Singh Police Witness Duty Officer
7. PW7 Dr. N.P. Waghmare FSL/ Ballistic Expert
8. PW8 Dr. Narender Dabas Veterinary Expert
9. PW9 Dr. Neeraj Bhargava Veterinary Expert
10. PW10 Brij Raj Krishan Official Witness from Ghaziabad who has proved the ownership details of vehicle No. UP14M7786
11. PW11 Ct. Jai Prakash Police Witness who has proved having got destroyed the recovered beef.
12. PW12 Ct. Bijender Singh Police Witness who had served letters upon the Veterinary Experts St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 10 Sr. PW No. Name of the witness Details of witnesses No.
13. PW13 Ct. Sunil Police Witness who had joined investigations with SI Sudhir Rathi
14. PW14 ASI Suresh Rana Police Witness from Special Staff Outer District who has proved the arrest of accused Siraj
15. PW15 HC Raj Kumar Police Witness who has proved the arrest of accused Siraj
16. PW16 HC Raj Kumar Police Witness who has proved having applied for production warrant of accused Rizwan
17. PW17 HC Devender Singh Police Witness who has proved the arrest of accused Shahbuddin
18. PW18 HC Neeraj Rana Police Witness who has proved the arrest of accused Gulfam
19. PW19 HC Gulab Singh Police Witness who has proved the arrest of accused Rajsh @ Puteya
20. PW20 SI Arun Lather Police Witness who has proved the arrest of accused Rajesh @ Puteya
21. PW21 SI Rajesh Kumar Police Witness who has proved the formal arrest of accused Siraj
22. PW22 Insp. Jasmohinder Police Witness - Eye witness to the Chaudhary incident/ Member of the Special Team
23. PW23 Ms. L. Babyto Devi FSL/ Biology Expert
24. PW24 HC Surender Dahiya Police Witness - Eye witness to the incident/ Member of the Special Team
25. PW25 Ct. Kuldeep Police Witness who had joined investigations with Inspector Gajender
26. PW26 HC Hari Chander Police Witness - Eye witness to the incident/ Member of the Special Team
27. PW27 HC Rakesh Kumar Police Witness - Eye witness to the incident/ Member of the Special Team St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 11 Sr. PW No. Name of the witness Details of witnesses No.
28. PW28 HC Rohtash Police Witness - Eye witness to the incident/ Member of the Special Team
29. PW29 Ct. Subhash Police Witness - Eye witness to the incident/ Member of the Special Team
30. PW30 Ct Dhanraj Police Witness - Eye witness to the incident/ Member of the Special Team
31. PW31 Ct. Pawan Kumar Police Witness - Eye witness to the incident/ Member of the Special Team
32. PW32 SI Praveen Atri Police Witness who had reached the spot along with Inspector Gajender Singh
33. PW33 Insp. Gajender Singh Initial Investigating Officer
34. PW34 Insp. Harish Chander Subsequent Investigating Officer
35. PW35 SI Sudhir Rathi Police Witness who has proved the formal arrest of accused Rizwan, Gulfam and Shahbuddin and has filed the charge sheet.
Court Witness:
36. CW 1 Insp. Swadesh Prakash The then SHO of Police Station Vijay Vihar - An Eye Witness to the incident.
List of documents exhibited:
Sr. Exhibit No. Details of documents Proved by No.
1. PW1/1 Affidavit of evidence of Retd HC Vijay Retd HC Vijay Singh Singh
2. PW1/A Copy of Register No. 19 Sr. No. 1571
3. PW1/B Copy of Register No. 19 Sr. No. 1590
4. PW1/C Copy of Register No. 21 Sr. No. 39/21/10
5. PW1/D Copy of Register No. 21 Sr. No. 48/21/10
6. PW1/E FSL Receipt St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 12 Sr. Exhibit No. Details of documents Proved by No.
7. PW1/F FSL Receipt
8. PW2/1 Affidavit of evidence of Ct. Satbir Ct. Satbir
9. PW3/1 Affidavit of evidence of Ct. Sanjay Ct. Sanjay
10. PW4/1 Affidavit of evidence of of Ct. Ashok Ct. Ashok
11. PW4/A Arrest memo of accused Shabuddin
12. PW4/B Pointing out memo of accused Shabuddin
13. PW5/1 Affidavit of evidence of Ct. Rakesh Ct. Rakesh
14. PW5/A Arrest memo of accused of Gulfam
15. PW5/B Disclosure statement of accused of Gulfam
16. PW5/C Pointing out memo of accused Gulfam
17. PW6/1 Affidavit of evidence of HC Ved Singh HC Ved Singh
18. PW6/A DD No. 11A
19. PW6/B FIR
20. PW6/C Endorsement on Rukka
21. PW7/A Ballistic report Dr. N P Waghmare
22. PW8/A Report of Veterinary Experts Dr. Narender Dabas
23. PW10/A Certified copy of Particulars of vehicle Sh. Brij Raj No. UP14M7786
24. PW10/B Copy of receipt of certified copy
25. PW13/A Arrest memo of accused Rizwan Ct. Sunil
26. PW13/B Disclosure statement of accused Rizwan
27. PW13/C Pointing out memo of accused of Rizwan
28. PW14/A Arrest memo of accused Siraj ASI Suresh Rana
29. PW14/B Personal search memo of accused Siraj
30. PW14/C Disclosure statement of accused Siraj
31. PW14/D Kalandara U/s 41.1 CrPC
32. PW15/A Arrest memo of accused Rajesh @ Puteya HC Raj Kumar St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 13 Sr. Exhibit No. Details of documents Proved by No.
33. PW15/B Disclosure statement of accused Rajesh @ Puteya
34. PW15/C Kalandara U/s 41.1 CrPC
35. PW17/A Arrest memo of accused Shahbuddin HC Devender Singh
36. PW17/B Kalandra U/s 41.1 CrPC
37. PW17/DX Confronted statement of HC Devender Singh
38. PW18/A Arrest memo of accused Gulfam HC Neeraj Rana
39. PW18/B Personal search memo of accused Gulfam
40. PW18/C Kalandra U/s 41.1 CrPC
41. PW20/A DD No. 72B SI Arun Lather
42. PW20/B Formal arrest memo of accused Rajesh @ Puteya
43. PW20/C Disclosure statement of accused of Rajesh @ Puteya
44. PW21/A DD No. 76B SI Rajesh Kumar
45. PW21/B Formal arrest memo of accused Siraj
46. PW21/C Disclosure statement of accused of Siraj
47. PW23/A Biological report Ms. L Babyto Devi
48. PW23/B Serological report
49. PW24/A Sketch of the Katta as recovered from the HC Surender Dahiya accused Salim
50. PW24/B Sketch of the Katta as recovered from the accused Asif
51. PW24/C Seizure memo of the Katta as recovered from the accused Salim
52. PW24/D Seizure memo of the Katta as recovered from the accused
53. PW25/A Arrest memo of accused Bholu Ct. Kuldep
54. PW25/B Personal search memo of accused Bholu St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 14 Sr. Exhibit No. Details of documents Proved by No.
55. PW25/C Disclosure statement of accused Bholu
56. PW32/A Seizure memo of Cows SI Praveen Atri
57. PW32/B Seizure memo of body part of Cows
58. PW32/C Seizure memo of plastic bag containing stones/bricks
59. PW32/D Seizure memo of Iron hooks
60. PW32/E Seizure memo of Vehicle No. UP14M7786
61. PW32/F Seizure memo of screw driver type iron rods
62. PW32/G1 Arrest memo of accused Salim
63. PW32/G2 Personal search memo of accused Salim
64. PW32/G3 Disclosure statement of accused Salim
65. PW32/H1 Arrest memo of accused Yukub
66. PW32/H2 Personal search memo of accused Yukub
67. PW32/H3 Disclosure statement of accused Yukub
68. PW32/I1 Arrest memo of accused Wasim
69. PW2/I2 Personal search memo of accused Wasim
70. PW32/I3 Disclosure statement of accused Wasim
71. PW32/J1 Arrest memo of accused Sita Ram
72. PW32/J2 Personal search memo of accused Sita Ram
73. PW32/J3 Disclosure statement of accused Sita Ram
74. PW32/K1 Arrest memo of accused Kailash
75. PW32/K2 Personal search memo of accused Kailash
76. PW32/K3 Disclosure statement of accused Kailash
77. PW32/L1 Arrest memo of accused Asif
78. PW32/L2 Personal search memo of accused Asif
79. PW32/L3 Disclosure statement of accused Asif St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 15 Sr. Exhibit No. Details of documents Proved by No.
80. PW32/G4 Supplementary disclosure statement of Salim
81. PW32/H4 Supplementary disclosure statement of Yakub
82. PW32/I4 Supplementary disclosure statement of Wasim
83. PW32/J4 Supplementary disclosure statement of Sita Ram
84. PW32/K4 Supplementary disclosure statement of Kailash
85. PW32/L4 Supplementary disclosure statement of Asif
86. PW33/A Seizure memo of samples of body parts Insp. Gajendra of slaughtered cows
87. PW33/B Site plan
88. CW1/A Rukka Inspector Swadesh
89. CW1/B1 to Photographs of Scene of Crime Prakash B11
90. CW1/D Sanction 39 Arms Act EVIDENCE:
(7) In order to prove its case the prosecution as examined as many as Thirty Witnesses as under:
Witnesses of Medical Record:
(8) PW8 Dr. Narender Dabas has deposed that on 14.05.2010 he was posted at Veterinary hospital, MCD Office, Rohini Zone. He has further deposed that on that day he was called by the police at Rohini St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 16 South Police Station as some slaughtered animals had been recovered in a tempo i.e. TATA 407. The witness has further deposed that he reached the Rohini South Police Station where he found one TATA 407 parked.
He has further deposed that he had also called Dr. Neeraj Bhargava of Veterinary Hospital, Badli, GNCT Delhi as he is the person who had the power to lift the samples. The witness has further deposed that he inspected the vehicle and he found two slaughtered cows which he could make out from the skin attached to the hooves of the slaughtered animals and after that he along with Dr. Bhargava lifted and collected the samples from the said animals which they put in plastic bags mixed with normal saline and handed over to the police. He has further deposed that they had collected samples in two containers consisting of muscle with intact skin below right horn, piece of right shoulder muscle, frontal muscles with skin above the eyes, external abdominal muscle, internal thigh muscle, muscle with skin of fore legs and then he along with Dr. Bhargava directed the said exhibits to be sent to the FSL Rohini with the directions to inform about the species of the animals on the basis of the parts collected and inform the local police. He has further deposed that the said directions to the concerned official FSL Rohini are Ex.PW8/A. This witness was not cross examined by Ld. Defence counsel despite opportunity granted in this regard. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 17 (9) PW9 Dr. Neeraj Bhargava has deposed that on 14.05.2010 he was posted at Veterinary hospital, Badli, Delhi. He further deposed that on that day he was called by the police at Rohini South Police Station as some slaughtered animals had been recovered in a tempo i.e. TATA 407. The witness has further deposed that he reached the Rohini South Police Station where he found one TATA 407 parked. He further deposed that he inspected the vehicle and he found two slaughtered cows which he could make out from the skin attached to the hooves of the slaughtered animals. The witness further deposed that he along with Dr. Narender Dabas lifted and collected the samples from the said animals which they put in plastic bags mixed with normal saline and handed over to the police. He has further deposed that they had collected samples in two containers consisting of muscle with intact skin below right horn, piece of right shoulder muscle, frontal muscles with skin above the eyes, external abdominal muscle, internal thigh muscle, muscle with skin of fore legs. The witness has further deposed that he along with Dr. Narender Dabas directed the said exhibits to be sent to the FSL Rohini with the directions to inform about the species of the animals on the basis of the parts collected and inform the local police. He has further deposed that the said directions to the concerned official FSL Rohini are Ex.PW8/A. This witness was not cross examined by Ld. Defence counsel despite opportunity granted.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 18 FSL Experts:
(10) PW7 Dr. N.P. Waghmare has deposed that he deposed that on 16.06.2010 two sealed parcels duly sealed with the seal of NS along with sample seal was received by the laboratory in connection with case FIR No. 94/10, Police Station Kanjhawala. He further deposed that the said parcels were marked to him for examination. The witness has further deposed that the seals were found intact with the seals forwarded with forwarding letter. He has further deposed that after opening one parcel found to contain one country made pistol of 8mm/.315 inch, marked as Ex.F1 and one 8mm/.315 inch cartridge marked as Ex.A1 by him in the laboratory. He has further deposed that another parcel found to contain one country made pistol of 8mm/.315 inch marked as Ex.F2 and one 8mm/.315 inch cartridge marked as Ex.A2 and one empty cartridge case of 8mm/.315 inch marked as Ex.EC1 by him in the laboratory. The witness has proved to be opined :
1. Exhibit F1 and F2 were firearms as defined in Arms Act. They were country made pistols, capable of loading and firing standard 8mm/.315 inch caliber ammunition.
2. Exhibit 8mm/.315 inch caliber cartridges marked A1 and A2 were loaded and successfully test fired through country made pistols marked exhibit F1 and F2 respectively. Hence, it was opined that country made pistols marked exhibit F1 and F2 were in normal working order and exhibit A1 and A2 were live ammunition before St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 19 they were test fired in the laboratory.
3. The pertinent characteristic marks of country made pistol marked exhibit F2 present on the cartridge case marked exhibit EC1 were compared with those present, if any, on the test cartridge case fired through country made pistol marked exhibit F2 under a comparison microscope. According to the witness after thorough examination and comparison, firing pin and breech face marks present on exhibit EC1 were similar with firing pin and breech face marks present on test cartridge case. Hence, it was opined that cartridge case marked exhibit EC1 had been fired through the country made pistol marked F2.
4. Cartridges marked A1 and A2 were ammunition as defined in Indian Arms Act.
(11) His detailed ballistic report in this regard is Ex.PW7/A. According to him the case exhibits/remnants of exhibits sent to laboratory for examination have been resealed with the seal of FSL NPW Delhi. He has further deposed that he can identify the case property if shown to him. Witness has also correctly identified one country made pistol and one test fire cartridge as the same as examined by him as F1 and test fire cartridge A1. The details of the case/FSL Number and signatures engraved on both the country made pistol and cartridge. The country made pistol is Ex.P3 and the test fire cartridge is Ex.P4. This Court has observed that fresh rust is present on the katta. The witness has also St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 20 identified the plastic container having one country made pistol F2 and one test fire cartridge A2 and one evidence cartridge case EC1 as the same as examined by him. The details of the case/FSL Number and signatures engraved on both the country made pistol and cartridge and cartridge case. The country made pistol is Ex.P1, the test fire cartridge is Ex.P2 and evidence cartridge case is Ex.P2A. This Court has observed that fresh rust is present on the katta. (12) In his crossexamination, the witness has denied that he has not adopted the standard practices and procedures while examining the exhibits and giving the report. He has further denied that the report has been given by him on the asking of the Investigating Officer. (13) PW23 Ms. L. Babyto Devi, Senior Scientific Officer (Biology) has proved the report proved by Ms. Seema Nain. She has proved that on 30.6.2010 two sealed parcels were received in their office for examination which were marked to Ms. Seema Nain for examination who after examining the same gave the Biological Report which is Ex.PW23/A. According to the said report Blood was detected on Ex.1 (Lump of tissues described as 'Muscles with intact skin below right horn, piece of right leg, shoulder muscles, frontal muscle with skin above eyes') and Ex.2 (lump of tissues described as 'external abdominal muscle, internal tight muscle part, muscle with skin of foreleg'). According to the witness, Ms. Seema Nain also examined the exhibits serologically and gave the report which is Ex.PW23/B according to which Species of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 21 Origin were found to be inconclusive on both the exhibits. She has not been crossexamined by the Ld. Defence counsel despite an opportunity being granted in this regard.
Police/ Official Witnesses:
(14) PW1 (Retd.) HC Vijay Singh has tendered his examination inchief by way of affidavit, which is Ex.PW1/1 wherein he has relied upon entry in Register No. 19 vide Mud No. 1571, copy of which is Ex.PW1/A (running into four pages), Mud No. 1590, copy of which is Ex.PW1/B, entry in register No. 21 vide RC No. 39/21/10 dated 16.06.2010, copy of which is Ex.PW1/C, bearing his signatures at point A, RC No. 48/21/10 dated 30.06.2010, copy of which is Ex.PW1/D bearing his signatures at point A and FSL receipt copy of which are Ex.PW1/E and Ex.PW1/F respectively.
(15) In his crossexamination, the witness has deposed that he did not take the signatures of the person to whom the exhibits were handed over when they were sent to the FSL in register No. 19 and has voluntarily added that the signatures are present in register No. 21. Witness has denied the suggestion that the entries in register No. 19 have been manipulated and fabricated at the instance of the Investigating officer. (16) PW2 Ct. Satbir has tendered his examination in chief by way of affidavit, which is Ex.PW2/1 wherein he has relied upon the entry in Register No. 21 vide RC No. 39/21/10 dated 16.06.2010, copy of which is St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 22 Ex.PW1/C and FSL receipt copy of which is Ex.PW1/E. In his cross examination witness has denied the suggestion that when the exhibits remained in his possession they were tampered. (17) PW3 Ct. Sanjay has tendered his examination in chief by way of affidavit, which is Ex.PW3/1 and has relied upon RC No. 48/21/10 dated 30.06.2010, copy of which is Ex.PW1/D and FSL receipt copy of which is Ex.PW1/F. In his cross examination he denied the suggestion that that when the exhibits remained in his possession they were tampered.
(18) PW4 Ct. Ashok has tendered his examinationinchief by way of affidavit, which is Ex.PW4/1 wherein he has relied upon arrest memo of Sahabuddin which is Ex.PW4/A and pointing out memo of place of occurrence which is Ex.PW4/B. (19) In his cross examination, the witness has deposed that the interrogation of the accused took place in front of Ld. MM and he signed the arrest memo inside the Court Room. He has stated that the Investigating officer must have told the Ld. MM that they had signed the arrest memo but he did not tell. Witness has denied the suggestion that he did participate in interrogation and that is why his signatures are not present on arrest memo or other documents. Witness has denied the suggestion that accused did not led them to Rani Khera or that the pointing out memo was prepared while sitting in the Police Station and he St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 23 merely signed the same on the asking of the Investigating Officer. (20) PW5 Ct. Rakesh has tendered his examinationinchief by way of affidavit, which is Ex.PW5/1 wherein he has relied upon the arrest memo of accused Gulfam which is Ex.PW5/A, disclosure statement of accused Gulfam which is Ex.PW5/B and the pointing out memo which is Ex.PW5/C. (21) In his crossexamination, the witness has deposed that Gulfam was produced before Ld. MM at 1:00 PM and the interrogation of accused Gulfam was conducted outside the court room. According to the witness, it took about half an hour to Investigating officer to interrogate the accused. He has stated that large number of public persons were present out side the court room but Investigating officer did not join any public person in the proceedings. Witness has denied the suggestion that accused did not make any disclosure statement to the Investigating officer or that the same was recorded by the Investigating officer of his own. Witness has denied the suggestion that Investigating officer did not take the accused to any place or that the accused did not point out any spot to the Investigating officer. Witness has denied the suggestion that pointing out memo was prepared while sitting in the Police Station or that he signed the same at the instance of Investigating officer/senior officers. (22) PW6 HC Ved Singh has tendered his examinationinchief by way of affidavit, which is Ex.PW6/1 and has relied upon upon the DD St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 24 No. 11A, dated 14.05.2010 copy of which is Ex.PW6/A, copy of FIR which is Ex.PW6/B and endorsement on rukka which is Ex.PW6/C. This witness was not cross examined by Ld. Defence counsel, despite opportunity granted.
(23) PW10 Brij Raj Krishan has brought the summoned record i.e. ownership details in respect of vehicle No. UP14M7786 i.e. Hero Puch (moped). He has further deposed that the same is registered in the name of Ramzan Khan, S/o Navi Khan, R/o 598, Ram Nagar, Ghaziabad. The witness has further deposed that the certified copy of Particulars Slip in respect of the said vehicle retrieved from the computer is Ex.PW10/A. He further deposed that the receipt of Rs 10/ after which the certified copy was obtained by SHO Police Station Kanjhawala is Ex.PW10/B. This witness was not cross examined despite opportunity granted. (24) PW11 Ct. Jai Parkash has deposed that on 14.05.2010 he was posted at Police Station Kanjhawala. He further deposed that on that day he joined the investigations in the present case. The witness further deposed that on that day on the directions of the SHO he had gone to Ghazipur at about 4:30 PM along with meat pickup van bearing No. UP14M7786 for destroying the recovered meat and after that he reached SLC Ghazipur where the meat was weight at the MCD weighing machine and was found to be 1210 Kgs. He further deposed that he got the meat destroyed and the vehicle was brought back to the Police Station and the vehicle was handed over to the SHO. This witness was not cross St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 25 examined by Ld. Defence counsel, despite opportunity granted. (25) PW12 Ct. Bijender Singh has deposed that on 14.05.2010 he was posted at Police Station Kanjhawala. He further deposed that on that day on the directions of the Investigating officer Inspector Gajender Singh who handed over to him two letters. The witness further deposed that he took the same to Dr. Narender Dabas, Sector 5 Rohini at MCD office and serve the same upon him and the other letter was served upon Dr. Neeraj Bhargava at Veterinary hospital Badli and after that he returned to the police station. This witness was not cross examined by Ld. Defence counsel, despite opportunity granted. (26) PW13 Ct. Sunil has deposed that on 16.02.2013 he was posted at Police Station Kanjhawala. He further deposed that on that day he joined the investigations along with SI Sudhir Rathi. The witness has further deposed that he had accompanied him and come to the Rohini court where one Rizwan was produced in the court. He further deposed that with the permission of the court, he was interrogated and thereafter arrested vide memo Ex.PW13/A and after interrogation his disclosure statement was recorded vide Ex.PW13/B. The witness has further deposed that the accused was taken on one day PC remand and the accused took them to Rani Khera and pointed out the place where the tempo was intercepted and from where he had escaped after which Investigating Officer prepared the pointing out memo which is Ex.PW13/C. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 26 (27) During his crossexamination, the witness has deposed that accused Rizwan was produced before Ld. MM at around 3:50 PM. He further deposed that the interrogation of accused Rizwan was conducted outside the court room No. 212. The witness has further deposed that it took about half an hour to Investigating Officer for interrogating the accused. He further deposed that there were large number of public persons were present out side the court room but Investigating officer did not join any public person in the proceedings. He has denied that the accused did not make any disclosure statement to the Investigating officer or that the same was recorded by the Investigating officer of his own. He has further denied that Investigating officer did not take the accused to any place or that the accused did not point out any spot to the Investigating officer. The witness further denied that pointing out memo was prepared while sitting in the Police Station or that he signed the same at the instance of Investigating officer/senior officers. (28) PW14 ASI Suresh Rana has deposed that on 04.09.2012 he was posted at Special Staff, Outer District. He deposed that on that day at around 2 PM he received a secret information one Siraj who is original resident of UP and is involved in large number of cases of cow slaughter in Delhi would be coming in front of office of Delhi Jal Board, Sector 8 Rohini, Delhi at 3:00 PM. The witness has further deposed that he shared this information with his seniors and they directed him to take appropriate action on the information. He further deposed that he along with HC St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 27 Jagdish, HC Raj Kumar, HC Charanjeet, HC Narender and Ct. Bijender reached the office of the Delhi Jal Board at around 2:30 PM. The witness further deposed that there he tried to join few public witnesses but they refused and went away. He further deposed that he therefore without wasting further time he directed the staff to take their positions. The witness has further deposed that at around 3:00PM one person was found walking down from Kanjhawala side towards Lal quarter Vijay Vihar. He further deposed that he was pointed out by secret informer on which they apprehended him. The witness has further deposed that on interrogation the said person confirmed his name as Siraj S/o Riazuddin, R/o Kabuli Wala Gate, Mawana, Meerut, U.P. He has further deposed that he also confirmed on interrogation that he was involved in large number of cases of cow slaughter. The witness has further deposed that he arrested him vide memo Ex.PW14/A. He has further deposed that he conducted his personal search vide memo Ex.PW14/B. He has further deposed that he then prepared the kalandara U/s 41.1 which is Ex.PW14/D. The witness further deposed that he gave information of his arrest to his wife and also informed the DO Police Station Kanjhawala about the arrest of accused Siraj. Witness has identified the accused Siraj in the court. (29) In his crossexamination, the witness has deposed that he had incorporated the secret information into writing vide DD No. 5. He has further deposed that he had informed the senior officers i.e. Inspector Special staff and ACP operations Outer district orally about the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 28 information. The witness has further deposed that he had his personal vehicle on which he left the Special Staff office and has voluntarily added that they had two private cars in which the entire team left the office. He has further deposed that 34 persons whom he had requested to join the police party were passerby. The witness has further deposed that there is no shop at the spot and therefore he could not ask any shopkeeper to join the proceedings. He further deposed that there are no residential houses at the spot and therefore no residents could be joined. He admitted that when he left the office he did not join any public person at that place and has voluntarily explained that he only made attempt to join the public persons at the spot i.e. Delhi Jal board office. He further deposed that he did not call anybody from Delhi Jal board office because it was vacant at that time and has voluntarily added that only tankers come for filling up the water in the morning and in the evening but during the day there is no staff. The witness further deposed that he did not give any notice to any public person for not joining the proceedings and has voluntarily added that there was no time to give notice. He has further deposed that the entire proceedings after the apprehension of accused and interrogations took place for about one hour. The witness admitted that he prepared all documents of arrest and personal search at the spot but the detail disclosure statement and Kalandara was prepared after he returned to the office and the accused was interrogated at length. He has denied that the accused Siraj did not make any disclosure statement or that the same was St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 29 recorded by him of his own only to work out the present blind case as the accused has been booked even in other cases.
(30) PW15 HC Raj Kumar has deposed that 04.09.2012 he was posted at Special Staff, Outer District and was present in his office. He further deposed that on that day at around 2 PM ASI Suresh Rana called the staff including witness, HC Jagdish, HC Charanjeet, HC Narender and Ct. Bijender and informed them that he had received a secret information one Siraj who is original resident of UP and is involved in large number of cases of cow slaughter in Delhi would be coming in front of office of Delhi Jal Board, Sector 8 Rohini, Delhi after about 11 ½ hours. The witness has further deposed that he along with HC Jagdish, HC Charanjeet, HC Narender and Ct. Bijender and ASI Suresh Rana started from their office and reached the office of the Delhi Jal Board after about 15 minutes. He has further deposed that ASI Suresh Rana tried to join 23 public witnesses but they refused and went away. The witness has further deposed that on his direction they took their positions in the area. He has further deposed that at around 3:00PM one person was found walking down from Kanjhawala side towards Lal Quarter Vijay Vihar. He has further deposed that he was pointed out by secret informer on which they apprehended him. The witness has further deposed that on interrogation the said person confirmed his name as Siraj, R/o Meerut, UP. He has further deposed that he also confirmed on interrogation that he was involved in large number of cases of cow slaughter. The witness St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 30 has further deposed that he also disclosed that he is involved in a incident of Kanjhawala where his 56 associates including Yakub, Asif, Kailash, Rizwan, Sahabuddin, Gulfam etc had been apprehended whereas he has managed to escape. He has further deposed that ASI Suresh Rana arrested him vide memo Ex.PW14/A. The witness has further deposed that ASI Suresh conducted his personal search vide memo Ex.PW14/B. He has further deposed that ASI Suresh Rana also recorded his disclosure statement vide memo Ex.PW14/C. The witness has further deposed that ASI Suresh Rana gave information to SSP Meerut regarding the arrest of Siraj and to the DO Police Station Kanjhawala about the arrest of accused Siraj. He further deposed that on 22.04.2013 he was present in the office of the special staff where a secret informer met him and informed that one person by the name of Puteya R/o village Kishore, district Alwar, Rajasthan who is involved in large cases of cows slaughter and wanted in large number of cases in Delhi would be coming to Shamshan Ghat, Sector 8, Rohini, Vijay Vihar between 56 PM. The witness has further deposed that he immediately shared this information with Inspector Special Staff on which he was asked by Inspector Special Staff if Puteya was involved in any criminal case. The witness has deposed that on verification he came to know that he was a PO in the present case. He further deposed that at about 4:45 PM he made DD entry in the Rojnamcha and on the directions of I/C special staff he took HC Gulab, HC Neeraj Rana and reached at Shamshan Ghat Road, Sector 8, Rohini St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 31 and thereafter he directed HC Neeraj Rana and HC Gulab to take their positions and thereafter he requested 34 passerbyes to join the investigations after sharing information with them but none of them agreed. The witness has further deposed that at around 5:45 PM one tall person was found coming from Y block Mangolpuri towards the Shamshan Ghat and he was pointed out by secret informer who told that he was Puteya. He has further deposed that on this all three of them apprehended him and on interrogation he confirmed his name as Rajesh @ Puteya S/o Dhariya, R/o village post office Kishore, Police Station Gazi, District Alwar, Rajasthan and on further interrogation he disclosed about his involvement in the present case. He further deposed that he arrested him vide memo Ex.PW15/A. The witness further deposed that after detailed interrogation his disclosure statement was also recorded vide memo Ex.PW15/B. He further deposed that he prepared the Kalandara U/s 41.1 which is Ex.PW15/C. He has correctly identified accused Siraj and accused Rajesh @ Puteya in the court. (31) During his crossexamination, he has deposed that in his presence ASI Suresh Rana did not share the information with any senior officers and has voluntarily added that they were later told about the information received by ASI Suresh Rana when they were supposed to leave the office. He has further deposed that they had left their office in a private car. The witness further deposed that 34 persons whom ASI Suresh Rana had requested to join the police party were passerbys. He St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 32 further deposed that there is no shop at the spot and therefore he could not ask any shopkeeper to join the proceedings. The witness further deposed that there are no residential houses at the spot and therefore no residents could be joined by the Investigating officer. He has admitted that when they left the office Investigating officer did not join any public person at that place. He has further deposed that the Investigating Officer did not call anybody from Delhi Jal Board Office and has voluntarily explained that the spot is ahead of Delhi Jal Board Office. The witness has further deposed that Investigating officer did not give any notice to any public person for not joining the proceedings. He has further deposed that the entire proceedings after the apprehension of accused and interrogations took place for about one hour. The witness has deposed that all the documents were signed by him at the spot itself and no documents were signed by him in the office. He denied that accused Siraj did not make any disclosure statement or that the same was recorded by Investigating officer of his own only to work out the present blind case as the accused has been booked even in other cases. (32) In his further crossexamination, the witness has deposed that on 22.04.2013 the information received by him was share with his senior officers verbally and he also made an entry vide DD No. 6 in rojnamcha. He has further deposed that they had left their office in a private car. 34 persons whom he had requested to join were passerbys. The witness has further deposed that he did not join any care taker or employee of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 33 Shamshan Ghat in the proceedings and has voluntarily added that it is slightly away from the spot where they had apprehended the accused. He has further deposed that there is no shops at the spot and only a vacant park on the right side and boundary wall on the left side. The witness has further deposed that it took about one hour 15 minutes to complete the entire proceedings at the spot. He has further deposed that the information regarding the arrest of the accused Rajesh @ Puteya was given to his brother on telephone and the concerned Police Station was informed by wireless. The witness has further deposed that all the documents were prepared and signed by him at the spot itself and no documents were prepared by him in the office. He denied that accused Rajesh @ Puteya did not make any disclosure statement or that the same was recorded by him of his own only to work out the present blind case as the accused has been booked even in other cases. He further deposed that he cannot tell whether even in the other criminal cases the accused Rajesh @ Puteya had been booked on the basis of disclosure statement and has voluntarily added that he is only aware of his case. (33) PW16 HC Raj Kumar has deposed that on 11.02.2013 he was posted at Police Station Kanjhawala. He further deposed that on that day he came to know that the accused Rizwan S/o Mobin, R/o Meerut was in Judicial custody in other case relating to Police Station Crime Branch on which he applied for the production warrant of the accused Rizwan from the court of Sh. Susheel Anuj Tyagi which production of the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 34 accused Rizwan, S/o Mobin was directed by the court for 16.02.2013. This witness was not cross examined by Ld. Defence counsel, despite an opportunity being granted in this regard.
(34) PW17 HC Devender Singh has deposed that on 01.07.2013 he was posted at Special Staff, Outer District. He has further deposed that on that day he had received a secret information that one person by the name of Shahbuddin who was wanted accused in the present case and had been declared as Proclaimed Offender was present in Hapur and they should reach there at the by pass. The witness has further deposed that he shared this information with the senior officers and on their directions he along with HC Gulab, Ct. Bijender and Ct. Karamveer went to Hapur by pass where they met secret informer. He further deposed that the informer then disclosed to him that there was a cattle fare at tehsil Gulwathi and Shahbuddin was present there. The witness has further deposed that they then went to Gulwathi cattle fare where one person was found present in the fare and pointed out by the secret informer, they apprehended the said person and interrogated him where he confirmed his name as Shahbuddin S/o Mohd. Rashid, R/o Aliganj, Rampur Road, Hapur. He has further deposed that he had also disclosed his involvement in the present case on which witness arrested him vide memo Ex.PW17/A. The witness has further deposed that his personal search was also conducted and thereafter they returned to their office at Sector1, Rohini and recorded the information of his arrest. He has further deposed St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 35 that he prepared Kalandara U/s 41.1(c) which is Ex.PW17/B. The witness has further deposed that the information of his arrest was given to his brother in law/jija on telephone and information was also given to Police Station Kanjhawala regarding the apprehension and arrest of PO accused Shahbuddin. He has further deposed that accused was then got medically examined and produced before the Illaka Magistrate from where accused was sent to JC. According to the witness on the same day his statement was recorded in the present case by Investigating officer SI Sudhir Rathi. He has correctly identified accused Shahbuddin in the Court.
(35) In his crossexamination, the witness has deposed that he had not recorded the disclosure statement of accused Shahbuddin at any point of time. He further deposed that all the team members were in civil dress at the time of apprehension of accused Shahbuddin. The witness has further deposed that they had informed to local police regarding their presence in the area but he cannot tell the DD number. He has further deposed that one person from the local police had also joined them but he cannot tell his name and designation. The witness has further deposed that he had informed SI Sudhir about the receipt of secret information, apprehension of Shahbuddin from Cattle fare at Gulwathi after giving prior information to the local police and joining one person from the local police in the investigations. The witness has been confronted with the statement Ex.PW17/DX1 where all these finds do not finds a mention. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 36 He has admitted that no public person was joined when the proceedings of arrest of accused Shahbuddin were conducted. He denied that Shahbuddin was lifted from his house at village at Gulwathi road, Hapur Chungi, Hapur, UP and falsely implicated in the present only to work out the present case.
(36) PW18 HC Neeraj Rana has deposed that on 09.04.2013 he was posted at Special Staff, Outer District and was present in their office. He further deposed that on that day he received secret information that one person belonging to the cow slaughtering gang who is PO in the present case and whose associates had already been arrested previously would be coming Railway station Mangolpuri. The witness has further deposed that he shared this information with Inspector Special staff. He further deposed that on the directions of the Inspector Special staff he along with HC Devender, HC Surender, HC Gulab and the secret informer left the office at 4:20 PM vide DD No. 10 and reached near Mangolpuri Railway Station at about 4:45 PM. The witness has further deposed that at around 5:30 PM one person was walking down Safal dairy side towards Mangolpuri railway station and on the pointing out of secret informer they apprehended the said person. He further deposed that after interrogation he confirmed his name as Gulfam S/o Ismail, R/o Hapur Chungi, Meerut. The witness further deposed that during his further interrogation accused also confirm his involvement in the present case and that he had escaped from the spot while his associates were St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 37 apprehended. He further deposed that on confirmation from Police Station Kanjhawala they came to know that he was a PO in the present case. The witness further deposed that he then arrested him vide memo Ex.PW18/A. He further deposed that his personal search was also conducted vide memo Ex.PW18/B and also recorded his disclosure statement. The witness proved having prepared the Kalandra U/s 41.1(c) which is Ex.PW18/C. He further deposed that his information of arrest was given to his brother Chand on mobile phone and also to Police Station Kanjhawala vide DD NO. 61. The witness has further deposed that accused was taken to SGM hospital where his medical examination was done and then he was put in the lock of Police Station Mangolpuri. He further deposed that on the next day he was produced before the Ld. Illaka magistrate and he was remanded to JC. The witness further deposed that on the next day Investigating officer recorded his statement in the present case and he was relieved. Witness has correctly identified accused Gulfam who was present in the court.
(37) During his crossexamination, the witness has admitted that all the team members were in civil dress at the time of apprehension of accused Gulfam. He has further admitted that no public person was present when the proceedings of arrest of accused Gulfam were conducted. The witness has deposed that he cannot tell the details of the persons who had refused to join the police party. He further deposed that he did not ask any public person to join the police party when he left his St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 38 office at Sector1, Rohini. The witness has deposed that he had asked the tea vendors present at the spot to join the investigations but he cannot tell their names. He has also deposed that since there were no houses at the spot so there was no occasion for him to call the residents of the area. He has further depose that he did not give any notice to the tea vendors who had refused to participate in the police party. He denied that Gulfam was lifted from fruit mandi, Meerut and falsely implicated in the present only to work out the present case.
(38) PW19 HC Gulab Singh has deposed that on 22.04.2013 he was present in the office of the special staff where a secret informer met HC Raj Kumar and informed that one person by the name of Puteya R/o village Kishore, District Alwar, Rajasthan who was involved in large cases of cow slaughter and wanted in large number of cases in Delhi would be coming to Lal Quarter near Gas agency Vijay Vihar around 5 PM. He has further deposed that on this he along with HC Raj Kumar, HC Neeraj Rana and reached near Lal Quarter Gas agency at around 5:45 PM. The witness has further deposed that at around 6 PM one person was found coming from Lal Quarter side. He further deposed that on pointing out of secret informer and told that he was Puteya. The witness further deposed that on this all three of them apprehended him and on interrogation he confirmed his name as Rajesh @ Puteya S/o Dhariya, R/o District Alwar, Rajasthan and on further interrogation he disclosed about his involvement in the present case. He further deposed that HC Raj St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 39 Kumar arrested the accused vide memo Ex.PW15/A. The witness has further deposed that after a detailed interrogation his disclosure statement was also recorded vide memo Ex.PW15/B and thereafter they returned to their office. He has further deposed that on 01.07.2013 he was present in his office. He has testified that on the directions of the senior officer a police party was constituted by HC Devender and he accompanied him along with Ct. Bijender and Ct. Karamveer to Hapur, main road near the bus stand where they met the secret informer. The witness has further deposed that the informer then disclosed to them that there was a cattle fare at tehsil Gulwathi and the accused Shahbuddin who was wanted in the present case was attending and was present at cattle fare. He further deposed that they reached the cattle fare at Gulwathi from where the one person from local police was joined. The witness has deposed that there the secret informer pointed out towards one person and identified him as Shahbuddin on which they apprehended him and interrogated him where he confirmed his name as Shahbuddin, R/o Hapur, UP on which HC Devender arrested him vide memo Ex.PW17/A. He further deposed that his personal search was also conducted and thereafter they returned to their office at Sector 1, Rohini. He further deposed that the accused was then got medically examined and produced before the illaka magistrate from where he was sent to JC. The witness has further deposed that on the same day statement of accused was recorded by Investigating officer SI Sudhir Rathi in the present case. He has correctly identified the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 40 accused Shahbuddin and accused Rajesh @ Puteya in the court. (39) In his crossexamination, the witness has deposed that the disclosure statement of accused Rajesh @ Puteya was not recorded in his presence. He has further deposed that the disclosure statement of accused Shahbuddin was also recorded but he cannot tell whether the same has been placed on the record or not. It has, however, been observed that no disclosure statement of accused Shahbuddin is present on record. The witness has further deposed that at the time of arrest of accused Shahbuddin only HC Raj Kumar was in uniform otherwise others were in civil dress but at the time of apprehension of accused Rajesh @ Puteya they all were in civil dress. He has further deposed that he cannot tell the DD number which was recorded with the local police at Hapur. The witness further deposed that he also cannot tell the name and details of the local police official who had joined them. He has further deposed that he is unable to give the details because no such entry was made at the local Police Station nor anybody was joined. He admitted that on both of occasions of arrest of accused Rajesh as well as of Shahbuddin no public person was joined in the investigations. The witness further deposed that he cannot tell the details of the public persons who had refused to join the investigations. He admitted that the IOs had not given any notice to those public persons who had refused to join the investigations. He further deposed that on both the occasions the secret information was given to senior officers orally and not in writing. He denied that St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 41 Shahbuddin was lifted from his house at village at Gulwathi road, Hapur Chungi, Hapur, UP and falsely implicated in the present only to work out the present case. He has further denied that accused Rajesh @ Puteya did not make any disclosure statement or that the same was recorded by Investigating officer of his own only to work out the present blind case as the accused has been booked even in other cases. The witness further denied that all documents were prepared while sitting in the office and he merely signed the same on the asking of the senior officers. (40) PW20 SI Arun Lather has deposed that on 22.04.2013 he was posted as Sub Inspector in Police Station Kanjhawala. He further deposed that on that day he received information vide DD No. 72 B which is Ex.PW20/A regarding apprehension and arrest of accused Rajesh @ Puteya who had been remanded to Judicial custody. The witness has further deposed that on 26.04.2013 he went to the office of special staff and recorded the statements of official witnesses who had arrested the accused Rajesh @ Puteya and obtained the copy of the Kalandra which is Ex.PW15/C. He has further deposed that on 03.05.2013 he moved an application for producing the accused in the court but the Ld. MM rejected his application and directed him to approach the superintendent jail on which he went to jail on 08.05.2013 and pursuant to the order of the Ld. MM he formally arrested the accused Rajesh @ Puteya in the jail itself vide arrest memo Ex.PW20/B. He has further deposed that on 09.05.2013 the accused was then produced in the court of the Illaka St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 42 magistrate and while he was being produced SI Mahavir who was the complainant in this case identified him as one of the person who had escaped from the spot. The witness has further deposed that the accused was remanded to JC in the present case. He has correctly identified the accused Rajesh @ Puteya who was present in the court. (41) In his crossexamination, the witness has admitted that the disclosure statement of Rajesh @ Puteya Ex.PW20/C does not bear the signatures of any public person or any jail official including superintendent jail or jail inmates. He further deposed that he did not join any jail staff in the interrogation and has voluntarily explained that one jail staff was already sitting with the accused when he was produced and the accused was interrogated in his presence but he did not obtain his signatures on the various documents. He denied that Rajesh @ Puteya did not make any disclosure statement or that he had recorded the same of his own after compelling him to sign the blank documents which were later on converted into various memos.
(42) PW21 SI Rajesh Kumar has deposed that on 04.09.2012 he was posted at Police Station Kanjhawala. He has further deposed that on that day he received DD No. 76B which is Ex.PW21/A that Siraj, the PO in this case had been apprehended by special staff. The witness has further deposed that he collected the Kalandra and copies of other documents from ASI Suresh Rana. He has further deposed that on 11.09.2012 he obtained the permission from Illaka Magistrate and on St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 43 12.09.2012 he went to central jail Tihar and formally arrested the accused Siraj vide memo Ex.PW21/B and also recorded his disclosure statement which is Ex.PW21/C. The witness has further deposed that he directed the jail staff to produce the accused Siraj before the Illaka Magistrate on the next day. He has further deposed that on the next day i.e. on 13.09.2012 the accused Siraj was produced before the Ld. Illaka Magistrate and remanded to JC. He correctly identified the accused Siraj in the Court.
(43) In his cross examination, the witness has admitted that the disclosure statement of Siraj Ex.PW21/C does not bear the signatures of any public person or any jail official including superintendent jail or jail inmates. He further deposed that he did not join any jail staff in the interrogation and has voluntarily added that one jail staff was already sitting with the accused when he was produced and the accused was interrogated in his presence but he did not obtain his signatures on the various documents. He denied that Siraj did not make any disclosure statement or that he had recorded the same of his own after compelling him to sign the blank documents which were later on converted into various memos.
(44) PW22 Inspector Jasmohinder Chaudhary has deposed that on 14.05.2010 he was posted as Sub Inspector in Special Staff of Outer District. He has further deposed that after the incident of cow slaughtering in Outer District, a special team comprising of officials of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 44 Special Staff, Outer District and Police Station Vijay Vihar was constituted to apprehend the criminals involved in the crime. According to the witness, on the same day all the members of the team were present in the Police Station Vijay Vihar during the night and at about 3:00 AM information was received by SI Mahavir Singh through the secret informer that criminals involved in such crime would be coming/passing through the area of outer district in a pickup van and the last digits of the van are 7786. The witness has further deposed that it was also informed by the informer that there might be slaughtered cows in the van and the criminals might be carrying deadly weapons. According to the witness, this information was shared by SI Mahavir with Inspector Sudesh Kumar, SHO Police Station Vijay Vihar and other members of the team. He has further deposed that all the team members had gone there by private vehicles. According to the witness at about 44:15 AM the team was again briefed by SI Mahavir Singh on Rani Khera village road towards the road that leads to Mundka Phatak. The witness has further deposed that after proper briefing the staff was deployed by SI Mahavir Singh. (45) He has further deposed that at about 4:45 AM a white color pickup van bearing No. UP14M7786 was seen coming from Mundka fatak side and proceedings towards Rani Khera village. According to him on the pointing out of secret informer all the members of the team were put on alert by signaling that the criminals have arrived. The witness further deposed that as per the plan HC Surender Dhaiya and Ct. Pawan St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 45 had already been directed to put big stones in the middle of the road to force stop the vehicle. The witness has deposed that SHO Police Station Vijay Vihar was already waiting on the road in his official gypsy while they followed the pickup van on their vehicles, SHO Police Station Vijay Vihar tried to obstruct the pickup van by putting his official gypsy on the road but the driver of the pickup van again escaped by turning the vehicle on the other side and the persons sitting in the pickup van simultaneously started throwing stones on them. He further deposed that one stone hit the official gypsy of the SHO Police Station Vijay Vihar which resulting into smashing of the front glass/wind screen of the official gypsy. The witness has further deposed that they some how managed to over take the pickup van and stopped the same after about 50 meters. He has further deposed that one of the persons who was trying to escape fired at police party which hit the bonnet of the gypsy of the SHO Police Station Vijay Vihar. The witness has further deposed that HC Rohtash and Ct. Sandeep overpowered the said person who had fired and managed to apprehend him and snatched the katta from his hand. He has further deposed that in the meanwhile another accused who was running away also took out a katta and as soon as he was about to fire on the police officials following him he was apprehended by HC Surender Dahiya with the help of Ct. Hari Chand and Ct. Kuldeep. The witness has further deposed that four other persons who were trying to escape were also apprehended by the other members of the police party whereas 56 St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 46 persons managed to escape from the spot. He has further deposed that the persons who were apprehended were then interrogated and their names were disclosed as Asif i.e. the person who had fired on the police party which fire had hit the bonnet. The witness has further deposed that the second person was Mohd. Salim who was apprehended by HC Surender Dahiya and others with a katta in his hand when he was about to fire on the police party third was Yakub, fourth was Wasim, fifth was Sita Ram and one person was Kailash.
(46) The witness has correctly identified the accused Shahbuddin, Rizwan, Rajesh @ Puteya by pointing out towards them and not by names as the persons who had managed to escape from the spot. The witness has correctly identified the accused Wasim, Sita Ram, Kailash, Asif by name and also by pointing out towards them as the persons who were apprehended at the spot.
(47) He has further deposed that there were two kattas recovered from the hands of assailants i.e. one was recovered from the hand of Asif and Salim were handed over to SI Mahavir Singh. The witness has further deposed that the pickup was then inspected and it was found to contain three slaughtered and skinned cows and one plastic katta in open condition containing stones. The witness has further deposed that SI Mahavir Singh prepared the rukka and send the same to the Police Station for registration of the case and also seized the various rods, knives and St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 47 the kattas/country made pistols recovered at the spot. (48) In his crossexamination by the Ld. Defence Counsels the witness has deposed that the informer had left around 5 AM. The witness admitted that he is not a witness to any of the documents and has voluntarily explained that he was present at the spot at the time of the investigations but did not sign any of the documents which were prepared by Inspector Gajender Singh or by SI Mahavir Singh. He further deposed that the Mundka Rani Khera road is a single road. The witness denied that it is a motorable road with a heavy traffic round the clock and has voluntarily added that there is very little traffic on the said road. He has further deposed that in his presence SI Mahavir did not lift any chance prints allegedly recovered from the hands of Asif and Mohd. Salim. The witness has deposed that the rukka was written by SI Mahavir at the spot itself while sitting inside the official gypsy. He further deposed that in so far as he recollects it was HC Surender Dhaiya who had taken the rukka to Police Station Kanjhawala and it was around 9 AM (morning) on 14.05.2010. The witness has deposed that HC Surender Dhaiya and Inspector Gajender Singh returned at the spot when he was still present there at around 10:30 AM. He has further deposed that Investigating officer SI Mahavir Singh had requested some public persons to join the proceedings after the katta was recovered from the hands of Asif and Salim but none agreed but he was not aware if any notice for refusal was given by him to them. The witness further deposed that he is not aware if St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 48 Investigating officer had prepared any other document before preparing the rukka. He has further depose that he left the spot at around 12:301 PM (afternoon) and has voluntarily added that from the spot they had gone to Police Station Kanjhawala. The witness has further deposed that he had not made any arrival entry in the Police station and has voluntarily explained that Investigating officer can inform if he had made some combine entry. He denied that he was not a part of any police team or that he was not present at the spot and that is the reason his signatures are not present on any of the documents. He further denied that because of his non presence at the spot he is not aware of any details regarding the manner of preparation of documents and conduct of investigations by SI Mahavir. The witness further denied that he is a planted witness only to lend the credibility to the prosecution version regarding the incident. He further denied that there was no such incidence as claimed by him or that the accused persons have been falsely implicated and wrongly identified by him in the court only to work out the blind case. (49) PW24 HC Surender Dahiya has deposed that on 14.05.2010 he was posted at Operation Cell, Outer District and on the instructions of senior officers a team had already been constitution with the police official of operation cell and Police Station Vijay Vihar for preventing the slaughter of cows. According to the witness, at about 3.00 AM, SI Mahavir received a secret information that a racket in this regard will come on Rani Khera Road and this information was conveyed to senior St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 49 officers and he along with SI Jasmohinder Singh, HC Rohtash, Ct. Pawan, Ct. Hari Chand, Ct. Sandeep, Ct. Dhanraj, Ct. Ajeet and other staff of the Police Station left for the spot after making DD No.8A at about 3.15 AM in four separate vehicles. Witness has further deposed that they reached at the place pointed out by the secret informer at about 3.45 AM and SI Mahavir directed him and Ct. Pawan to block the road by putting the heavy stones on the road and at about 4.45AM one pick up van bearing number UP 14 M 7786 came. According to the witness, they had blocked the road by putting heavy stones on the road and the driver of the said vehicle had tried to drive the vehicle by putting his van on Kaccha Road and they all staff started following the said vehicle with their vehicles. Witness has further deposed that the Gypsy of SHO Police Station Vijay Vihar bearing No. 4854 complete number of which he does not remember, also came from front side and the persons sitting the pick up van started pelting stones on the Gypsy of SHO but finding surrounded by the police officials from all side, the pick up van stopped and the person sitting in the pickup van started running away. Witness has further deposed that in this process one person had fired while he was being stopped and his name was disclosed as Asif who was apprehended by HC Rohtash. Witness has further deposed that another boy was apprehended by him, Ct. Hari Chand and Ct. Kuldeep his name was known as Salim and he was also having loaded desi katta. According to the witness, the remaining four accused persons were apprehended by St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 50 other members of teams and their names known as Wasim, Yakoob, Sitaram and Kailash and the accused / driver of the pick up van namely Khalid, accused Rizwan, Gulfam and other three persons whose names he does not remember, succeeded in running away. Witness has further deposed that the aforesaid Pickup Van was checked and slaughtered cow was found (Gai kati pari thee) and on further checking they found four knives, three iron hooks, three sharp pointed rods and a bag full of stones in the aforesaid Pickup Van and SI Mahavir prepared the sketch of both the desi kattas. Witness has further deposed that the sketch of the katta as recovered from the accused Salim is Ex.PW24/A and the sketch of the katta as recovered from Asif was also prepared vide Ex.PW24/B. Witness has further deposed that the aforesaid kattas were converted into two parcels sealed with the seal of MS and the aforesaid parcels were taken into possession and the parcel containing katta as recovered from accused Salim was taken into possession vide seizure memo Ex.PW24/C. Witness has further deposed that the parcel containing katta as recovered from accused Asif was taken into possession vide seizure memo Ex.PW24/D. Witness has further deposed that the Investigating officer SI Mahavir prepared the rukka and handed over the same to him and he took the same to the Police Station and got the case registered and came back to the spot with a copy of the FIR and original rukka and handed over the same to Investigating officer and his statement was recorded. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 51 (50) The witness has correctly identified accused Sitaram and Wasim both by name and by pointing out. He has also identified accused Rizwan, Asif and Kailash by pointing out towards them and also identified the accused Rajesh @ Putiya and Gulfam as the persons who had escaped from the spot.
(51) Witness has also identified the case property i.e. one desi katta and a test fired cartridges as the same as recovered from the possession of accused Asif, which katta is Ex.P1 and cartridge is Ex.P2; one desi katta and one test fired cartridge as the same as recovered from the possession of accused Salim, which is Ex.P3 and the cartridge is Ex.P4; three iron rods which are hooked as the same which were kept in a katta lying near the driver seat of the Pickup Van which are Ex.P5, Ex.P6 and Ex.P7; three iron rods, two of them are spiked/ pointed from both the sides and one of them is spiked/ pointed with one side with plastic handle on the other side and also four butcher's knives as the same which were kept in a katta lying near the driver seat of the Pickup Van, the iron rods spiked on both the sides are Ex.P8, Ex.P9 respectively, iron rod spiked on one side with plastic handle is Ex.P10, four butcher's knives are Ex.P11, Ex.P12, Ex.P13 and Ex.P14; stones which were kept in a katta lying near the driver seat of the Pickup Van which are collectively Ex.P15 and the Pickup Van which is Ex.P16. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 52 (52) In his crossexamination by Ld. Defence counsel, witness has deposed that in the night one or two vehicles were passing and going at Rani Khera road, Delhi and they reached Rani Khera road at around 3:45 AM on 14.05.2010. According to the witness, at that time Investigating officer had not given any notice to any passerby and after arresting the accused persons the Investigating Officer had not given any notice to public person and he remained at the spot from 3:45 AM - 9:00 AM. Witness has further deposed that SI Mahavir prepared rukka and Ex.PW24/A, Ex.PW24/B, Ex.PW24/C and Ex.PW24/D were prepared before the registration of the FIR. According to the witness, after registration of the FIR, the details of the FIR were mentioned on the top of these exhibits in his presence by the second Investigating officer Inspector Gajender Singh. He has stated that after putting the FIR details on Ex.PW24/A, Ex.PW24/B, Ex.PW24/C and Ex.PW24/D the Investigating Officer did not put his signatures on the same and has voluntarily explained that it was not required. Witness has further deposed that he had gone to the Police Station along with rukka at around 9:00 AM and returned to the spot along with copy of FIR and original rukka at around 10:45 AM and his statement was recorded in the Police Station in the evening time but he does not recollect the exact time. According to the witness, in addition to himself the statements of large number of other police officials were also recorded in the Police Station which include HC Rohtash, SI Jasmohinder Chaudhary, Ct. Pawan, Ct. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 53 Hari Chand, HC Rakesh, Ct. Sandeep and others. Witness has further deposed that they returned to the Police Station at around 2:303 PM and he did not make any separate arrival entry and has voluntarily added that Investigating officer can tell if any combine entry was tell. Witness has denied the suggestion that the katta, cartridges, hooks, butcher's knives were planted upon the accused persons. Witness has deposed that Investigating officer has not put any specific marks on these articles and has voluntarily added that the sketch of all these items were prepared by the Investigating officer and he can tell the details of the same which is specific identification. Witness has admitted that butcher's knife are easily available in the market. He has denied the suggestion that nothing was recovered from the accused persons or from the vehicle or that he was deposing falsely on the directions of the senior officers to connect the accused with the offence.
(53) PW25 Ct. Kuldeep has deposed that on 02.06.2010 he was posted as constable at Police Station Kanjhawala and on that day he had joined the investigations along with SHO Inspector Gajender Singh and Ct. Narender. According to the witness, they all had gone to Chanakya Place and SHO had received some secret information regarding the presence of Bholu in a shop and there at Chanakya Place he accompanied the SHO to a shop from accused Bholu whom the witness has correctly identified in the Court, was apprehended. Witness has further deposed that he was then arrested vide memo Ex.PW25/A and his personal search St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 54 memo was prepared vide memo Ex.PW25/B and his disclosure statement was also recorded vide Ex.PW25/C. Witness has further deposed that in his personal search a mobile phone and Rs.6,550/ were recovered and they then returned to the Police Station where his statement was recorded and he was relived.
(54) In his crossexamination by Ld. defence counsels, witness has deposed that at the time of arrest of accused, no notice was given to public persons by the SHO in his presence. Witness has admitted that the place of arrest of accused is a very crowd place. According to the witness they remained at the spot, at the time of arrest of accused for about 2025 minutes and arrest memo, personal search memo and disclosure statement were prepared at the spot itself. Witness has admitted that these documents does not bear the signatures of any public persons and has voluntarily added that Public persons had refused to join the proceedings. Witness has further deposed that his statement was recorded in the Police Station at around 5:00 PM. According to the witness except for his statement no other statement was recorded by the Investigating officer in his presence. Witness has denied the suggestion that accused Bholu did not make any disclosure statement or that the same was recorded by the Investigating officer of his own. Witness has denied the suggestion that SHO known the accused person before the time of arrest. Witness has denied the suggestion that he was deposing falsely at the instance of the SHO.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 55 (55) PW26 HC Hari Chand has deposed that on 14.05.2010 he was posted at Special Staff, Outer District and on that day he joined the investigations along with SI Jasmohinder Singh, SI Mahavir Singh and HC Surender. According to the witness, on the instructions of senior officers a combine team had already been constituted with the local police and police official of operation cell for preventing the slaughter of cows. Witness has further deposed that at about 3.00 AM SI Mahavir received a secret information that some persons involved in slaughtering of cows will come on Ranikhera Road and this information was conveyed to the senior officers after which he along with SI Jasmohinder Singh, HC Rohtash, Ct. Pawan, HC Surender, Ct. Sandeep, Ct. Dhanraj, Ct. Ajeet and other staff of the Police Station left for the spot after making DD No.8A at about 3.15AM in separate vehicles. Witness has further deposed that they reached at the place pointed out by the secret informer at about 3.45AM and there they were briefed by SI Mahavir Singh who directed HC Surender Dahiya and Ct. Pawan to block the road by putting the heavy stones on the road. According to him, at about 4.45AM one pick up van bearing number UP 14 M 7786 came from Mundka side and they had blocked the road by putting heavy stones on the road. He has deposed that the driver of the said vehicle turned the vehicle towards the Rani Khera Road and they all staff started following the said vehicle with their vehicles and the Gypsy of SHO Police Station Vijay Vihar bearing no. 4854 also came from front side and blocked the way on which the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 56 persons sitting the pick up van finding themselves cornered started pelting stones on the Gypsy of SHO and the other officers following them in the vehicles. Witness has further deposed that the persons sitting in the pick up van finding themselves surrounded by the police officials from all side, stopped the pick up van and started running away in different directions. He has also deposed that in this process one person had fired while he was being stopped which fire hit the Bonnet of the official gypsy of the SHO. According to the witness he also threw stones on the official gypsy and broke the windshield and the same boy who had earlier fired was chased and apprehended by HC Rohtash and Ct. Sandeep and his name was later on disclosed as Asif. Witness has further deposed that another boy was about to fire when he along with HC Surender apprehended him and his name was later on disclosed as Salim and he was having loaded desi katta containing one cartridge. Witness has further deposed that four more boys were apprehended by other members of teams whose names were then disclosed as Wasim, Sitaram, Kailash and Yakoob. According to the witness about fivesix persons had run away which included the driver of the vehicle/ pickup van whose name was later on revealed in the investigations as Khalid. According to the witness he can identify the other boys who had run away because he had seen them while running away but he cannot tell their names. Witness has further deposed that the aforesaid pick up van was checked and three slaughtered cows were found (Teen kati hui Gai pari thee). Witness has St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 57 further deposed that on further checking of the cabin of the pick up van they found four knives, three iron hooks, three sharp pointed/ spiked rods and one katta full of stones near the driver seat and SI Mahavir prepared the sketch of both the desi kattas/cartridges, butcher's knives. According to the witness the sketch of the katta as recovered from the accused Salim is Ex.PW24/A and the aforesaid kattas were converted into two pullandas sealed with the seal of MS and the aforesaid parcels were taken into possession. Witness has further deposed that the parcel containing katta as recovered from accused Salim was taken into possession vide seizure memo Ex.PW24/C and Investigating officer SI Mahavir prepared the rukka and handed over the same to HC Surender with the directions to take the same to the Police Station for getting the case registered while he along with the other staff remained at the spot along with the accused persons apprehended by them. Witness has further deposed that after the registration of the case HC Surender came back to the spot along with the copy of the FIR and original rukka and handed over the same to Inspector Gajender Singh and they then took the accused to the hospital, got them medically examined and returned to the Police Station where accused were put in the lock up and his statement was recorded. (56) The witness has correctly identified accused Asif, Wasim, Kailash, Sitaram by name and by pointing out towards them. Witness has also identified accused Rajesh and Gulfam who had escaped from the spot though he is unable to give their names. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 58 (57) He has also identified the case property i.e. one desi katta and a test fired cartridges as the same as recovered from the possession of accused Asif, which katta is Ex.P1 and cartridge is Ex.P2; one desi katta and one test fired cartridge as the same as recovered from the possession of accused Salim, which kata is Ex.P3 and the cartridge is Ex.P4; three iron rods which are hooked as the same which were kept in a katta lying near the driver seat of the pick up van, which iron rods are Ex.P5, Ex.P6 and Ex.P7; three iron rods, two of them are spiked/ pointed from both the sides and one of them is spiked/ pointed with one side with plastic handle on the other side and also four butcher's knives as the same which were kept in a katta lying near the driver seat of the Pickup Van, which iron rods spiked on both the sides are Ex.P8, Ex.P9 respectively, iron rod spiked on one side with plastic handle is Ex.P10, four butcher's knives are Ex.P11, Ex.P12, Ex.P13 and Ex.P14; stones which were kept in a katta lying near the driver seat of the pick up van which are collectively Ex.P15 and the Pickup Van which is Ex.P16. (58) In his crossexamination by Ld. Defence counsel, witness has deposed that in the night hardly one or two vehicles had passed at Rani Khera road, Delhi and at that time the Investigating Officer had not given any notice to any passerby and has voluntarily explained that there was nobody. According to the witness, after arresting the accused persons the Investigating officer had not given any notice to the public person and has St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 59 voluntarily explained that no public person was present at that time. Witness has further deposed that he remained at the spot from 3:45AM - 8:30AM and the sketches Ex.PW24/A, Ex.PW24/B, Ex.PW24/C and Ex.PW24/D were prepared before the registration of the FIR. According to the witness, after the registration of FIR, the details of the FIR were mentioned on the top of these exhibits in his presence by the second Investigating Officer Inspector Gajender Singh and after putting the FIR details on Ex.PW24/A, Ex.PW24/B, Ex.PW24/C and Ex.PW24/D the Investigating officer did not put his signatures on the same. According to the witness, his statement was recorded in the Police Station in the evening time around 5:00 PM and apart from himself the statements of large number of other police officials were also recorded in the Police Station which include HC Rohtash, SI Jasmohinder Chaudhary, Ct. Pawan, HC Surender, HC Rakesh, Ct. Sandeep and others. Witness has further deposed that they returned to the Police Station after 9:00 AM and he did not make any separate arrival entry. Witness has denied the suggestion that the katta, cartridges, hooks, butcher's knives were planted upon the accused persons. Witness has deposed that Investigating Officer has not put any specific marks on these articles and has voluntarily explained that the sketch of all these items were prepared by the Investigating Officer and he can inform about the details of the same which is specific identification. Witness has admitted that butcher's knife is easily available in the market. Witness has denied the suggestion that St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 60 nothing was recovered from the accused persons or from the vehicle or that he was deposing falsely on the directions of the senior officers to connect the accused with the offence.
(59) PW27 HC Rakesh Kumar has deposed that on 14.05.2010 he was posted at Operation Cell, Outer District, Delhi and on that day he joined the investigations along with SI Jasmohinder Singh, SI Mahavir Singh, HC Rohtash, HC Surender, Ct. Dhanraj, Ct. Subhash, Ct. Ajeet, Ct. Kuldeep, Ct. Sandeep and others whose name he do not recollect at the time of his deposition in the court. According to the witness, on the instructions of senior officers, a combine team had already been constituted as aforesaid with the local police and police official of operation cell for preventing the slaughter of cows. Witness has further deposed that at about 3.00 AM SI Mahavir received a secret information that some persons involved in slaughtering of cows would come on Ranikhera Road and this information was conveyed to the senior officers and he along with SI Jasmohinder Singh, HC Rohtash, Ct. Pawan, HC Surender, Ct. Sandeep, Ct. Dhanraj, Ct. Ajeet and other staff of the Police Station left for the spot after making DD No.8A at about 3.15AM in three separate vehicles. Witness has further deposed that they reached at the place pointed out by the secret informer at about 3.45AM where they were told by the informer that a pickup van would come and there they were briefed by SI Mahavir Singh who directed HC Rohtash and Ct. Sandeep that in case the pick up does not stop, they should block the road St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 61 by putting heavy stones. Witness has further deposed that they then took their positions and SHO Police Station Vijay Vihar also joined them and parked his official vehicle on the Ranikhera road. Witness has further deposed that at about 4.45 AM one pick up van bearing number UP 14 M 7786 of white color came from Mundka Phatak side and the staff was indicated the said vehicle to stop but it did not stop. According to the witness, HC Rohtash and Ct. Sandeep then blocked the road by putting heavy stones on the road but the driver did not stop and turned the vehicle towards the Rani Khera Road and they all staff started following the said vehicle with their vehicles. Witness has further deposed that the Gypsy of SHO Police Station Vijay Vihar bearing no. 4854 also came from front side with his staff and blocked the way on which the persons sitting the pick up van finding themselves cornered started pelting stones on the Gypsy of SHO and the other officers following them in the vehicles and the persons sitting in the pick up van finding themselves surrounded by the police officials from all side, the pick up van stopped and the person sitting in the pickup van started running in different directions. Witness has further deposed that in this process one person had fired while he was being stopped which fire hit the Bonnet of the official gypsy of the SHO and he also threw stones on the official gypsy and broke the windshield. Witness has further deposed that the same boy who had earlier fired was chased and apprehended by HC Rohtash and Ct. Sandeep and his name was later on disclosed as Asif and another boy was St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 62 about to fire and HC Hari Chand along with HC Surender and Ct. Ajeet apprehended him. Witness has further deposed that his name was later on disclosed as Salim and he was having a loaded desi katta containing one cartridge. He has further deposed that they chased the accused who were running away and Ct. Subhash had apprehended one boy whose name later on disclosed as Sitaram, Ct. Dhanraj apprehended one boy whose name later on disclosed as Kailash and he apprehended one boy after a chase whose name was later on disclosed as Wasim. Witness has further deposed that one other boy Yakoob (deceased) was also apprehended by the police party. According to the witness about 56 persons had run away which included the driver of the vehicle/pick up van whose name later on revealed in the investigations as Khalid and the names of the other boys who had run away were disclosed during the investigations as Rizwan, Siraj, Shahbuddin and Gulfam and one more person whose name he does not recollect. According to the witness he can identify the other boys who had run away because he had seen them while running away. Witness has further deposed that the aforesaid pick up van was checked and the meat of 67 slaughtered cows were found ( kati hui Gai pari thee). Witness has further deposed that on further checking of the cabin of the pick up van they found four knives, three iron hooks, three sharp pointed/ spiked rods and one katta full of stones near the driver seat. According to the witness SI Mahavir prepared the sketch of both the desi kattas/cartridges, butcher's knives and the sketch St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 63 of the katta as recovered from the accused Salim is Ex.PW24/A. Witness has further deposed that the aforesaid kattas were converted into two pullandas and the aforesaid parcels were taken into possession. According to the witness the parcel containing katta as recovered from accused Salim was taken into possession vide seizure memo Ex.PW24/C. Witness has further deposed that Investigating Officer SI Mahavir prepared the rukka and handed over the same to HC Surender with directions to take the same to the Police Station for getting the case registered while he along with the other staff remained at the spot along with the accused persons apprehended by them. According to the witness after the registration of the case HC Surender came back to the spot along with the copy of the FIR and original rukka and handed over the same to Inspector Gajender Singh and they then took the accused to the hospital, got them medically examined and returned to the Police Station where the accused were put in the lock up and his statement was recorded. (60) The witness has correctly identified accused Asif, Wasim, Kailash, Sitaram by name and by pointing out towards them. He has also identified accused Rajesh and accused Gulfam as the persons who had escaped from the spot though he is unable to give their names. (61) Witness has identified one desi katta and a test fired cartridges as the same as recovered from the possession of accused Asif, which katta is Ex.P1 and cartridge is Ex.P2. Witness has further identified one desi katta and one test fired cartridge as the same as St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 64 recovered from the possession of accused Salim which is Ex.P3 and the cartridge is Ex.P4. He has also identified three iron rods which are hooked as the same which were kept in a katta lying near the driver seat of the Pickup Van which are Ex.P5, Ex.P6 and Ex.P7. Witness has identified three iron rods, two of them are spiked/pointed from both the sides and one of them is spiked/pointed with one side with plastic handle on the other side and also four butcher's knives as the same which were kept in a katta lying near the driver seat of the pick up van, which iron rods spiked on both the sides are Ex.P8, Ex.P9 respectively, iron rod spiked on one side with plastic handle is Ex.P10. Four butcher's knives which are Ex.P11, Ex.P12, Ex.P13 and Ex.P14. Witness has correctly identified stones as the same which were kept in a katta lying near the driver seat of the Pickup Van which are collectively Ex.P15. This Court has observed that the katta was filled with mountain rocks of various sizes. He has also identified Pickup Van which is Ex.P16. (62) In his crossexamination by Ld. Defence counsels, the witness has deposed that in the night hardly one or two vehicles had passed at Rani Khera Road, Delhi and at that time Investigating officer had not given any notice to any passerby and has voluntarily explained that there was nobody. According to the witness, after arresting the accused persons the Investigating officer had not given any notice to public person and has voluntarily added that no public person was present at that time. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 65 Witness has further deposed that he remained at the spot from 3:45AM - 11 AM. According to the witness, he cannot tell which document was prepared by the Investigating Officer first of all and has further deposed that the sketches Ex.PW24/A, Ex.PW24/B, Ex.PW24/C and Ex.PW24/D were prepared before the registration of the FIR and after registration of the FIR, the details of the FIR were mentioned on the top of these exhibits in his presence by the second Investigating officer Inspector Gajender Singh and after putting the FIR details on Ex.PW24/A, Ex.PW24/B, Ex.PW24/C and Ex.PW24/D the Investigating officer did not put his signatures on the same. Witness has further deposed that his statement was recorded in the Police Station in the evening time around 11:30 PM and in his presence Investigating officer had not recorded statement of other police officials. Witness is unable to tell the contents of the statement of the accused which were recorded by the Investigating Officer and is unable to tell if any signatures of any of the accused was taken on any documents and it has been by this Court that the witness himself had not signed any document. Witness has further deposed that they returned to the Police Station around 12 noon on 14.05.2010 along with all staff and all accused persons but he did not make any separate arrival entry. Witness has denied the suggestion that the katta, cartridges, hooks, butcher's knives were planted upon the accused persons. Witness has further deposed that Investigating Officer had not put any specific marks on these articles and has voluntarily added St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 66 that the sketch of all these items were prepared by the Investigating officer and he can tell the details of the same which is specific identification. Witness has admitted that butcher's knife are easily available in the market. He has denied the suggestion that nothing was recovered from the accused persons or from the vehicle or that he was deposing falsely on the directions of the senior officers to connect the accused with the offence.
(63) PW28 HC Rohtash has deposed that on 14.05.2010 he was posted at Operation Cell, Special staff, Outer district, Delhi. He has further deposed that on that day he joined the investigations along with SI Jasmohinder Singh, SI Mahavir Singh, HC Surender, Ct. Hari Chand, Ct. Dhanraj, Ct. Subhash, Ct. Ajeet, Ct. Kuldeep, Ct. Sandeep and others whose name he does not recollect. The witness has further deposed that on the instructions of senior officers a combine team had already been constituted as aforesaid with the local police and police official of operation cell for preventing the slaughter of cows. He has further deposed that at about 3.00 AM SI Mahavir received a secret information that some persons involved in slaughtering of cows would come on Ranikhera Road. The witness has further deposed that this information was conveyed to senior officers and he along with SI Jasmohinder Singh, SI Mahavir, HC Rakesh, HC Hari Chand, Ct. Pawan, HC Surender, Ct. Kuldeep, Ct. Subhash, Ct. Sandeep, Ct. Dhanraj, Ct. Ajeet and other staff of the Police Station and the secret informer left for the spot after making St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 67 DD No. 8A at about 3.15 AM in three separate vehicles. The witness has also deposed that there they were briefed and they took positions. He has further deposed that they reached at the place pointed out by the secret informer at about 3.45 AM where they were told by the informer that a pickup van would come. The witness has further deposed that they were briefed by SI Mahavir Singh who directed him and Ct. Sandeep that in case the pickup van does not stop, they should block the road by putting heavy stones. He has further deposed that at about 4.45 AM one pick up van bearing number UP 14 M 7786 of white color came from Mundka Phatak side. The witness has further deposed that the staff was indicated by SI Mahavir the said vehicle to stop but it did not stop. He has further deposed that he along with Ct. Sandeep then blocked the road by putting heavy stones on the road but the driver did not stop and turned the vehicle towards the kaccha rasta on Rani Khera road. The witness has further deposed that the entire staff started following the said vehicle with their vehicles and the Gypsy of SHO Police Station Vijay Vihar bearing no. 4854 also came from front side with his staff and blocked the way on which the persons sitting the pick up van finding themselves cornered started pelting stones on the Gypsy of SHO and the other officers following them in the vehicles. The witness has further deposed that the persons sitting in the pick up van finding themselves surrounded by the police officials from all side, stopped the van and started running away in different directions. He has further deposed that in this process one St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 68 person also fired while he was being stopped which fire hit the Bonnet of the official gypsy of the SHO. The witness has deposed that he also threw stones on the official gypsy and broke the windshield. He has further deposed that the same boy who had earlier fired was chased and apprehended by him and Ct. Sandeep and his name was later on disclosed as Asif. The witness has further deposed that another boy was about to fire and HC Hari Chand along with HC Surender apprehended him and his name was later on disclosed as Salim. According to the witness he was having loaded desi katta containing one cartridge and they chased the accused who were running away and Ct. Subhash had apprehended one boy whose name later on disclosed as Sitaram, Ct. Dhanraj apprehended one boy whose name later on disclosed as Kailash and HC Rakesh apprehended one boy after a chase whose name was later on disclosed as Wasim. Witness has further deposed that one other boy Yakoob (deceased) was also apprehended by Ct. Pawan. Six persons had run away which included the driver of the vehicle/ pick up van whose names were later on disclosed as Rizwan, Gulfam, Rajesh @ Putiya and others whose name he does not recollect. According to the witness he can identify the other boys who had run away because he had seen them while running away. Witness has further deposed that the aforesaid pick up van was checked and the meat of three slaughtered cows were found (Teen kati hui Gai pari thee) and on further checking of the cabin of the pick up van they found four knives, three iron hooks, three sharp pointed/ St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 69 spiked rods and one katta full of stones near the driver seat. Witness has further deposed that SI Mahavir prepared the sketch of both the desi kattas/cartridges, butcher's knives and the sketch of the katta as recovered from the accused Asif is Ex.PW24/B. According to the witness the aforesaid kattas were converted into two pullandas and the aforesaid parcels were taken into possession. Witness has further deposed that the parcel containing katta as recovered from accused Asif was taken into possession vide seizure memo Ex.PW24/D. According to the witness the Investigating Officer SI Mahavir prepared the rukka and handed over the same to HC Surender with the directions to take the same to the Police Station for getting the case registered while he along with the other staff remained at the spot along with the accused persons apprehended by them and after the registration of the case HC Surender came back to the spot along with the copy of the FIR and original rukka and handed over the same to Inspector Gajender Singh who prepared the site plan at the instance of SI Mahavir. According to the witness he then put the FIR number on the various memos already prepared by SI Mahavir and then took the accused to the hospital, got them medically examined and returned to the Police Station where the accused were put in the lock up after which his statement was recorded.
(64) The witness has correctly identified accused Asif, Wasim, Kailash, Sitaram by name and by pointing out towards them as apprehended from the spot and also the accused Shahbuddin by pointing St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 70 out towards him as one of the person who had escaped from the spot. Witness has also identified the accused Rajesh who had escaped but not Gulfam.
(65) Witness has correctly identified one desi katta and a test fired cartridges as the same as recovered from the possession of accused Asif which katta is Ex.P1 and cartridge which is Ex.P2. Witness has further correctly identified one desi katta and one test fired cartridge as the same as recovered from the possession of accused Salim which katta is Ex.P3 and the cartridge is Ex.P4. He has also identified three iron rods which are hooked as the same which were kept in a katta lying near the driver seat of the pick up van. The same are Ex.P5, Ex.P6 and Ex.P7. Witness has identified three iron rods, two of them are spiked/pointed from both the sides and one of them is spiked/pointed with one side with plastic handle on the other side and also four butcher's knives as the same which were kept in a katta lying near the driver seat of the pick up van. The iron rods spiked on both the sides are Ex.P8, Ex.P9 respectively, iron rod spiked on one side with plastic handle is Ex.P10; Four butcher's knives are Ex.P11, Ex.P12, Ex.P13 and Ex.P14. Witness has also correctly identified stones i.e. a bag/ Katta full of mountain rocks of various sizes as the same which were kept in a bag/ katta lying near the driver seat of the pick up van which are collectively Ex.P15. He has also identified Pickup Van which is Ex.P16.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 71 (66) In his cross examination by Ld. Defence counsel, witness has deposed that in the night hardly one or two vehicles had passed at Rani Khera Road, Delhi and at that time Investigating officer had not given any notice to any passerby and has voluntarily added that there was nobody. According to the witness, after arresting the accused persons the Investigating officer had not given any notice to public person and has voluntarily explained that the SHO Police Station Kanjhawala had asked 34 public persons to join but they refused but he cannot give their names and details and has also stated that no notice was given to the said persons for their refusal to join the proceedings. Witness has further deposed that he remained at the spot from 3:45AM - 11:30 PM. According to the witness, after putting the FIR details on Ex.PW24/A, Ex.PW24/B, Ex.PW24/C and Ex.PW24/D the Investigating officer did not put his signatures on the same. Witness has further deposed that his statement was recorded in the Police Station in the evening time at around 3:00 - 4:00 PM and in his presence Investigating officer had not recorded statement of other police officials. Witness is unable to give the contents of statements of accused which were recorded by the investigating officer and Investigating officer has also recorded statements of Ct. Pawan, Ct. Hari Chand and other police officials in his presence. He has deposed that he signed two memos at the spot and the Investigating Officer had also obtained signatures of HC Surender. According to the witness apart from HC Surender he does not recollect if the Investigating Officer had St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 72 obtained signatures of any other police official and Investigating officer had recorded the disclosure statements of accused persons in the Police Station but he does not recollect the exact time. Witness has further deposed that they returned to the Police Station around 2 PM on 14.05.2010 along with all staff and all accused persons and in his presence the second Investigating officer prepared the seizure memo of four butcher's knives, three rods, pick up van and the seizure memo of the pick up van was prepared before registration of the FIR. According to the witness he does not recollect the exact time when second Investigating Officer put the details of the FIR on all the memos which were prepared prior to registration of the FIR and he did not make any separate arrival entry. Witness has further deposed that in his presence the Investigating Officer had not obtained any photographs of the said Pickup Van. Witness has denied the suggestion that the katta, cartridges, hooks and butcher's knives were planted upon the accused persons. According to the witness Investigating officer has not put any specific marks on these articles, voluntarily added that the sketch of all these items were prepared by the Investigating officer and he can tell the details of the same which is specific identification. Witness has admitted that butcher's knife are easily available in the market. Witness has denied the suggestion that nothing was recovered from the accused persons or from the vehicle. Witness has denied the suggestion that he was deposing falsely on the directions of the senior officers to connect the accused with the offence. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 73 (67) PW29 Ct. Subhash has deposed that on 14.05.2010 he was posted at Police Station Vijay Vihar. He has further deposed that on that day he joined the investigations along with SI Jasmohinder Singh, SI Mahavir Singh, HC Surender, HC Rohtash, HC Rakesh, Ct. Pawan, Ct. Hari Chand, Ct. Dhanraj, Ct. Kuldeep, Ct. Sandeep and others whose name he does not recollect at the time of his deposition in the court and on the instructions of the senior officers a combine team had already been constituted as aforesaid along with the local police and police official of operation cell for preventing the slaughter of cows. He has deposed that at about 3.00 AM SI Mahavir received a secret information that some persons involved in slaughtering of cows will come on Ranikhera Road and this information was conveyed to senior officers and he along with SI Jasmohinder Singh, SI Mahavir, HC Rakesh, HC Hari Chand, Ct. Pawan, HC Surender, Ct. Kuldeep, Ct. Sandeep, Ct. Dhanraj, Ct. Ajeet and other staff of the Police Station and the secret informer left for the spot after making DD No.8A at about 3.15 AM in three separate vehicles and SHO Police Station Vijay Vihar had also joined in his official vehicle. He has further deposed that there they were briefed and they took positions and then they reached at the place pointed out by the secret informer at about 3.45 AM where they were told by the informer that a pickup van would come. The witness has further deposed that there they were briefed by SI Mahavir Singh who directed HC Surender and Ct. Pawan that in case the pick up does not stop, they should block the road St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 74 by putting heavy stones. He has further deposed that at about 4.45 AM one pick up van bearing number UP 14 M 7786 of white color came from Mundka phatak side. The witness has further deposed that the staff was indicated by SI Mahavir the said vehicle to stop but it did not stop. He has further deposed that HC Surender and Ct. Pawan then blocked the road by putting heavy stones on the road but the driver did not stop and turned the vehicle towards the kacha rasta on Rani Khera road. The witness has further deposed that they all started following the said vehicle with their vehicles. He further deposed that the Gypsy of SHO Police Station Vijay Vihar bearing no. 4854 also came from front side with his staff and blocked the way on which the persons sitting the pickup van finding themselves cornered started pelting stones on the Gypsy of SHO and the other officers following them in the vehicles. The witness has further deposed that the persons sitting in the pick up van finding themselves surrounded by the police officials from all side, stopped the van and started running away in different directions. He has further deposed that in this process one person had fired while he was being stopped which hit the Bonnet of the official gypsy of the SHO. The witness has deposed that the said person also threw stones on the official gypsy and broke the windshield. He has further deposed that the same boy who had earlier fired was chased and apprehended by HC Surender and Ct. Pawan and his name was later on disclosed as Salim. He has further deposed that he had apprehended one boy whose name later on St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 75 disclosed as Sitaram and HC Rakesh apprehended one boy after a chase whose name was later on disclosed as Wasim. The witness has further deposed that one other boy Yakoob (deceased) was also apprehended by Ct. Pawan. He has further deposed that six persons had run away which included the driver of the vehicle/pick up van whose name he does not recollect. He further deposed that the aforesaid pick up van was checked and the meat of three slaughtered cows were found (Teen kati hui Gai pari thee). The witness further deposed that on further checking of the cabin of the pick up van they found four knives, three iron hooks, three sharp pointed/ spiked rods and one katta full of stones near the driver's seat. He has further deposed that SI Mahavir prepared the sketch of both the desi kattas/cartridges, butcher's knives, after which the aforesaid kattas were converted into two pullandas and then the aforesaid parcels were taken into possession. The witness has further deposed that Investigating officer prepared some documents, details of which he cannot tell. He has further deposed that Investigating officer SI Mahavir prepared the rukka and handed over the same to HC Surender with directions to take the same to the Police Station for getting the case registered while he along with the other staff remained at the spot along with the accused persons apprehended by them. The witness has further deposed that after the registration of the case HC Surender came back to the spot along with the copy of the FIR and original rukka. He has further deposed that they then took the accused to the hospital, got them St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 76 medically examined and returned to the Police Station where accused were put in the lock up and his statement was recorded. (68) The witness has correctly identified the accused Sitaram as the same person who was apprehended by him and not the other accused persons. He has correctly identified the accused Wasim by pointing out towards him and by name as the same which was apprehended by HC Rakesh. He has identified accused Rajesh @ Putiya as the person who was escaped from the spot but witness is unable to identify the accused Gulfam. The witness has also identified the accused Asif by pointed out towards him and also by name and states that he was the person who fired on the police gypsy. The witness further states that earlier on account of confusion he gave the name of Asif as Salim.
(69) Witness has correctly identified one desi katta and a test fired cartridges as the same as recovered from the possession of accused Asif. The katta is Ex.P1 and cartridge is Ex.P2. The witness has correctly identified one desi katta and one test fired cartridge as the same was recovered from the possession of accused Salim which katta is Ex.P3 and the cartridge is Ex.P4. The witness has correctly identified one parcel which were kept in a katta lying near the driver seat of the pick up van and is found to contain three iron rods which are hooked, which are Ex.P5, Ex.P6 and Ex.P7. The witness has correctly identified the one parcel which were kept in a katta lying near the driver seat of the pick up St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 77 van and is found to contain three iron rods, two of them were spiked/ pointed from both the sides and one of them is spiked/pointed with one side with plastic handle on the other side and also four butcher's knives. The witness has deposed that the iron rods spiked on both the sides are Ex.P8, Ex.P9 respectively, iron rod spiked on one side with plastic handle is Ex.P10; Four butcher's knives which are Ex.P11, Ex.P12, Ex.P13 and Ex.P14. Witness has also identified one plastic container which were kept in a katta lying near the driver seat of the pick up van and is found to contain stones, which are collectively Ex.P15. This Court has observed that the katta is filled with mountain rocks of various sizes). The witness has correctly identified the pick up van which is Ex.P16.
(70) In his cross examination, the witness has deposed that his statement was recorded by the Investigating officer on 15.05.2010 and has voluntarily explained that it must be around 22:30 PM. He has further deposed that in his presence the statements of other police officials of the police team were also recorded. He has further deposed that he did not sign his statement which was recorded by the Investigating officer. According to the witness, he remained at the spot till about 1010:30 AM. The witness has further deposed that in the night hardly one vehicle must have passed at Rani Khera Road, Delhi. He has further deposed that after arresting the accused persons the Investigating Officer had not given any notice to public person to join the investigations and has voluntarily St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 78 explained that nobody stopped to join. The witness has further deposed that he cannot give their names and details as no notice was given to the said persons for their refusal to join the proceedings. He has further deposed that his signatures were not taken on any of the documents prepared at the spot. He denied that he was not present at the spot therefore his signatures were never taken on the documents. He further denied that he had not joined the investigations in the present case. The witness has further deposed that the secret informer was with them when they went to the spot. He has further deposed that he cannot tell the time when the informer left the spot. He has denied that he unable to give these details as he was not present at the spot. He has further deposed that in his presence no photographs of the vehicle which had been hit by the firing was taken. He further deposed that all photographs were taken at the spot. The witness further deposed that he cannot tell who took the photographs and has voluntarily explained that the photographer was called but he is unable to tell the details of the photographer whether he was from the Police Team or a Private Photographer. The witness has further deposed that also cannot tell the number of photographs taken, voluntarily added that it must be around 510. He has further deposed that the photographs were taken before the registration of the FIR. The witness has further deposed that he did not make any separate arrival entry, voluntarily added that Investigating officer will make the entry, he did not make. He has denied that the katta, cartridges, hooks, butcher's St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 79 knives were planted upon the accused persons. He has further deposed that Investigating officer has not put any specific marks on these articles and has voluntarily explained that the sketch of all these items were prepared by the Investigating officer and he can tell the details of the same which is specific identification. He has admitted that butcher's knife are easily available in the market. He has denied that that nothing was recovered from the accused persons or from the vehicle. He has further denied that that he has wrongly identified the accused on the tutoring of the senior officers. The witness has further denied that he was deposing falsely on the directions of the senior officers to connect the accused with the offence.
(71) PW30 Ct. Dhanraj has deposed that on 14.05.2010 he was posted at Police Station Vijay Vihar and on that day he had joined the investigations along with SI Jasmohinder Singh, SI Mahavir Singh, HC Surender, HC Rohtash, HC Rakesh Ct. Pawan, Ct. Hari Chand, Ct. Subhash, Ct. Ajeet, Ct. Kuldeep, Ct. Sandeep. According to the witness, on the instructions of senior officers a combine team had been constituted with the local police and police official of operation cell for preventing the slaughter of cows. Witness has further deposed that at about 3.00 AM SI Mahavir received a secret information that some persons involved in slaughtering of cows could come on Ranikhera Road and this information was conveyed to senior officers and he along with SI Jasmohinder Singh, SI Mahavir, HC Surender, HC Rakesh, HC Hari Chand, HC Rohtash, Ct. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 80 Pawan, HC Surender, Ct. Kuldeep, Ct. Subhash, Ct. Sandeep, Ct. Ajeet and other staff of the Police Station and the secret informer left for the spot after making DD No.8A at about 3.15 AM in three separate vehicles. Witness has further deposed that there they were briefed and they took positions between Mundka Railway Station and Rani Khera Village and they reached at the place pointed out by the secret informer at about 3:45 AM where they were told by the informer that a pickup van would come and there they were briefed by SI Mahavir Singh who directed HC Surender and Ct. Pawan that in case the pick up does not stop, they should block the road by putting heavy stones. Witness has further deposed that at about 4.45 AM one Pickup Van bearing number UP 14 M 7786 of white color came from Mundka Phatak side and the vehicle was indicated by the staff to stop but it did not stop. According to the witness, HC Surender along with Ct. Pawn then blocked the road by putting heavy stones on the road but the driver did not stop and turned the vehicle towards the kacha rasta on Rani Khera road and they all staff started following the said vehicle with their vehicles. Witness has further deposed that the Gypsy of SHO Police Station Vijay Vihar bearing no. DL1CJ4854 also came from front side with his staff and blocked the way on which the persons sitting the pick up van finding themselves cornered started pelting stones on the Gypsy of SHO and the other officers following them in the vehicles and the persons sitting in the pick up van finding surrounded by the police officials from all side, the pick St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 81 up van stopped and the person sitting in the pickup van started running away in different directions. Witness has further deposed that in this process one person had fired while he was being stopped which hit the bonnet of the official gypsy of the SHO and they also threw stones on the official gypsy and broke the windshield. He has further deposed that the same boy who had earlier fired was chased and apprehended by HC Rohtash and Ct. Sandeep and his name was later on disclosed as Asif. According to the witness another boy had taken out a katta and was about to fire when Ct. Hari Chand, Ct. Kuldeep along with HC Surender apprehended him and his name was later on disclosed as Salim. Witness has further deposed that he was having a loaded desi katta containing one cartridge and they chased the accused who were running away and Ct. Subhash had apprehended one boy whose name later on disclosed as Sitaram, he apprehended one boy whose name later on disclosed as Kailash and HC Rakesh apprehended one boy after a chase whose name was later on disclosed as Wasim. Witness has further deposed that one other boy Yakoob (deceased) was also apprehended by Ct. Pawan and 56 persons had run away which included the driver of the vehicle/pick up van whose names were later on disclosed during interrogation as Shahubddin, Siraj, Rajesh @ Putiya, Gulfam and one driver Khalid and one other person whose name he does not recollect. According to the witness he can identify the other boys who had run away because he St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 82 had seen them while running away. Witness has further deposed that the aforesaid pick up van was checked and the meat of three slaughtered cows were found (Teen kati hui Gai pari thee) and on further checking of the cabin of the pick up van they found four knives, three iron hooks, three sharp pointed/ spiked rods kept near the driver seat and one katta full of stones kept on the back side of the van. Witness has further deposed that SI Mahavir prepared the sketch of both the desi kattas /cartridges, butcher's knives and the aforesaid kattas were converted into two pullandas and the aforesaid parcels were taken into possession. Witness has further deposed that Investigating officer SI Mahavir prepared the rukka and handed over the same to HC Surender with directions to take the same to the Police Station Kanjhawala for getting the case registered while he along with the other staff remained at the spot along with the accused persons apprehended by them. Witness has further deposed that after the registration of the case Inspector Gajender Singh came to the spot along with SI Parveen and he took into possessions all the items which has been seized along with the documents and they then took the accused to the hospital, got them medically examined and returned to the Police Station where accused were put in the lock up and his statement was recorded.
(72) The witness has correctly identified the accused Asif, Wasim, Kailash, Sitaram by name and by pointing out towards them as apprehended from the spot and also the accused Shahbuddin by pointing St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 83 out and also by name as the person who had escaped from the spot. Witness has also identified accused Rizwan, Rajesh and Gulfam as the persons who had run away from the spot.
(73) Witness has also identified the case property i.e. one desi katta and a test fired cartridges as the same as recovered from the possession of accused Asif which katta is Ex.P1 and cartridge is Ex.P2; one desi katta and one test fired cartridge as the same as recovered from the possession of accused Salim, which is Ex.P3 and the cartridge is Ex.P4; three iron rods which are hooked as the same which were kept in the katta/ bag lying near the driver seat of the pick up van which are Ex.P5, Ex.P6 and Ex.P7; three iron rods, two of them are spiked/pointed from both the sides and one of them is spiked/ pointed with one side with plastic handle on the other side and four butcher's knives as the same which were kept in a katta lying near the driver seat of the pick up van which iron rods spiked on both the sides are Ex.P8, Ex.P9 respectively, iron rod spiked on one side with plastic handle is Ex.P10, four butcher's knives which are Ex.P11, Ex.P12, Ex.P13 and Ex.P14; stones which were kept in the katta/ bag lying near the driver seat of the Pickup Van which are collectively Ex.P15 and the Pickup Van parked in the court complex parking which Ex.P16. (74) In his crossexamination by Ld. Defence counsel, witness has deposed that they left the Police Station after making the DD entry and it St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 84 was made at around 33:15 AM. According to the witness, he was sitting in the Santro Car, number of which he does not remember at the time of his deposition in the court. Witness has further deposed that there was no great rush at that time, even it was early morning and hardly one or two vehicles were moving on the road at that time. Witness has further deposed that he does not remember if Investigating officer or any of the member of the raiding party stopped those vehicle moving on the road and subsequent Inspector Gajender reached the spot at around 10:30 AM. Witness has further deposed that they remained at the spot till 1:30 PM. Witness has admitted that public persons gathered at the spot at that time. Witness has further deposed that he did not count those public persons and therefore he cannot tell them in number and he does not know if the Investigating Officer had joined some public persons in the proceedings or requested them to join the investigations. Witness has further deposed that arrest memos of the persons apprehended at the spot was prepared in his presence but he cannot tell if their family members were informed and has voluntarily added that only the Investigating Officer can tell. According to the witness Investigating officer did not lift any chance prints from the kattas, butcher's knives or any other exhibits/case property seized by him in his presence and no photography was done in his presence whereas his statement was recorded in the Police Station at around 67 PM on 14.05.2010 and has voluntarily explained that it was on the same day evening on which the incident had taken place in the early St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 85 morning hours. Witness has further deposed that Investigating officer had recorded the statements of all the members of the raiding party. He has stated that he did not make any arrival entry on his return to the Police Station nor he made any separate arrival entry. According to the witness, in his presence Investigating Officer had not obtained any photographs of the said pickup van. Witness has denied the suggestion that the katta, cartridges, hooks, butcher's knives were planted upon the accused persons. He has testified that the Investigating Officer has not put any specific marks on these articles and has voluntarily explained that the sketch of all these items were prepared by the Investigating Officer and only he can tell the details of the same which is the specific identification. Witness has admitted that butcher's knife are easily available in the market. Witness has denied the suggestion that nothing was recovered from the accused persons or from the vehicle or that he is is deposing falsely on the directions of the senior officers to connect the accused with the offence.
(75) PW31 Ct. Pawan Kumar has deposed that on 14.05.2010 he was posted at Operation Cell, Outer District and on that day on the instructions of senior officers a team was formed with the officials of Operation Cell and Police Station Vijay Vihar to prevent the slaughtering of cows. According to the witness at about 3:00 AM SI Mahavir received a secret information regarding slaughtering of cows which information was recorded vide DD No. 8A. Witness has further deposed that he all St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 86 along with secret informer left at about 3:15 AM and reached at Rani Khera Road at around 3:45 AM where all the members of raiding party were briefed by SI Mahavir Singh and they took the positions. According to the witness SI Mahavir also informed about the pickup van in which the slaughtered cows may be present and at about 4:45 AM one pick up van came from the side of Mundka Fatak. Witness has further deposed that during this period SHO Police Station Vijay Vihar also came there and tried to stop the van. He has testified that he along with HC Surender had blocked the road by keeping the stones on the road and tried to stop the driver of the pickup van but he did not stop and the pickup van was chased by all of them and the SHO Vijay Vihar came from the front side and blocked the road. Witness has further deposed that on finding himself surrounded by the police party the van stopped and the persons sitting in the pickup van started pelting stones on the police party and one of them also fired towards the police party from the katta which hit the bonnet of gypsy of SHO of Police Station Vijay Vihar. According to the witness the person who were pelting stones started running away and the person who had fired was apprehended by Ct. Sandeep and HC Rohtash. Witness has further deposed that his name was known as Asif and another boy also tried to fire but was apprehended. His name was known as Saleem and was apprehended by Ct. Hari Chand, Ct. Kuldeep and HC Surender along with Katta. Witness has further testified that he along with Ct. Ajeet and Ct. Pawan apprehended the accused Yakub and HC St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 87 Rakesh apprehended the accused Wasim; Ct. Dhanraj apprehended the accused Kailash and Ct. Subhash apprehended the accused Sita Ram whereas other six persons succeeded in running from the spot whose name were later on disclosed by the apprehended accused persons as Rajesh @ Putiya, Shahbuddin, Gulfam, driver Khalid but he does not remember the names of other persons but states that he can identify those persons also who ran away from the spot if shown to him. Witness has further deposed that on inspection of the pickup van bearing No. UP14M7786 they found slaughtered cow and one bag which was found contained the stones. According to the witness four knives, sharp pointed rod and three iron hooks were also lying in the pickup van. The Investigating Officer took the said articles and the pickup van into possession and prepared the documents. He has further deposed that his statement was recorded by the Investigating Officer after which he was relieved.
(76) The witness has correctly identified the accused Rizwan, Rajesh, Sitaram and Shahbuddin by pointing out towards them and also identified the accused Asif, Kailash and Wasim by name and by pointing out towards them. He has also correctly identified the case property i.e. one desi katta and a test fired cartridge as the same which was recovered from the possession of accused Asif, which katta is Ex.P1 and cartridge is Ex.P2; one desi katta and one cartridge recovered from St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 88 the possession of accused Salim which katta is Ex.P3 and cartridge is Ex.P4; three iron rods which are hooked recovered from pickup van which are Ex.P5, Ex.P6 and Ex.P7; three iron rods two of them are spiked/ pointed from both the sides and one of them is spiked/ pointed with one side with plastic handle on the other side, four butcher's knives which were recovered from the pick up van, the iron rods spiked on both the sides are Ex.P8, Ex.P9 respectively, iron rod spiked on both sides with plastic handle is Ex.P10 and Four butcher's knives are Ex.P11, Ex.P12, Ex.P13 and Ex.P14; stones recovered from the pickup van which are collectively Ex.P15 and the pickup van which is Ex.P16. (77) In his cross examination by Ld. Defence counsels, witness has deposed that they left their Office at about 89 PM but he is not aware whether the Investigating Officer made any departure entry or not in the Special Staff Office. According to the witness they reached at Police Station Vijay Vihar at about 9:00 PM in two private cars i.e. one Wagon R and i10 and they left the Police Station for the spot at around 3:15AM. Witness has admitted that he did not sign the said departure entry. According to the witness the distance between the Police Station and the spot is about 1015 Kms. He is unable to tell the make of the vehicle of the Investigating Officer in which Investigating Officer had reached the spot. Witness has further deposed that after one hour they saw the pickup van from a distance of 100200 meters which was of white color. According to the witness the writing work was done by the Investigating St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 89 Officer while sitting on the stones which were lying at the spot and they finally left the spot at about 10 AM to Kanjhawala Police Station. He has also deposed that he remained at the Police Station Kanjhawala for about 4:005:00 PM. Witness has denied the suggestion that he was not the member of the raiding party or that it is for this reason that his signatures are not present on any document. According to him, there was less traffic at Rani Khera Road and Investigating Officer had not given any notice to the public persons to join the investigations. He is unable to tell the direction in which the remaining six accused ran away and has stated that they remained at the spot till about 10:30 AM. According to the witness the disclosure statements of all the accused persons were recorded at the spot itself but he is unable to tell the time when the disclosure statements of the accused persons were recorded. He has testified that after the arrest or at the time of the arrest Investigating Officer had not given any notice to the public persons to join the investigations. He is also unable to tell who had signed the various seizure memos as a witness and states that nothing was recovered from the personal search of accused Yakub. Witness has further deposed that personal search of all the accused persons were conducted at the spot itself. The witness is also unable to tell the actual time when they reached at the Police Station but states that it was around 1011 AM. He has further deposed that his statement was recorded by Inspector Gajender Singh on 14.05.2010 at around 12:001:00 PM. He is not aware about the arrest of the other coaccused persons St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 90 who had ran away from the spot on 14.05.2010. He has testified that he did not read the disclosure statements of accused persons who were apprehended at the spot. According to the witness all the six coaccused persons gave the name of the accused Rajesh Putiya and others who had ran away in their disclosure statement. Witness has denied the suggestion that nothing has been recovered from the possession of the accused persons or that the accused persons had not fired on the police party. Witness has denied the suggestion that he had not joined the investigations in the present case or that he was deposing falsely at the instance of the senior officers.
(78) PW32 SI Praveen Attri has deposed that on 14.05.2010 he was present in the investigations of this case with the Investigating Officer Inspector Gajender. According to the witness on receipt of the information he alongwith other staff of the police reached at Rani Khera Road where the police officials of Special Staff and Police Station Vijay Vihar had already stopped one pick up van bearing no. UP 14 M 7786 and six persons had been caught by them. Witness has also deposed that there were three slaughtered cows in the said van and on interrogation from the accused persons, the Investigating Officer came to know that some other slaughtered cows may be recovered from the godown of one Bholu in Uttam Nagar. Witness has further deposed that he alongwith Inspector Gajender Singh and two constables whose name he does not recollect, along with the accused Asif reached at Uttam Nagar in the godown of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 91 accused Bholu where accused Bholu was not present and appeared to have run away having become aware of the information regarding their arrival. Witness has further deposed that the shutter of the godown was found opened and three slaughtered cows were also found in the said godown which were then taken into possession by Inspector Gajender Singh and seized thereafter vide memo Ex.PW32/A. Witness has further deposed that the aforesaid body parts/ slaughtered cows were brought to the spot i.e. Rani Khera Road from where Inspector Gajender Singh collected the body parts of the cows/ cattle, kept the same in the pick up vans and then returned to the Police Station because the situation at Rani Khera Road was going out of control as a large number of persons had collected. According to the witness the body parts of the cows/ cattle taken from the pick up van were seized in the Police Station vide seizure memo Ex.PW32/B. Witness has further deposed that the Investigating Officer took the photographs of the body parts of the cows from his camera. According to the witness three knives, three screw driver type rods, three iron hook and stones lying in the plastic bag were converted into parcel and sealed with the seal of GK and the plastic bag containing stones/ bricks was taken into possession vide memo Ex.PW32/C. He has also deposed that the parcel containing three iron hooks was taken into possession vide seizure memo Ex.PW32/D and the pick up van bearing no. UP 14 M 7786 was taken into possession vide memo Ex.PW32/E. Witness has further deposed that the parcel containing screw driver type St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 92 iron rods and knives was taken into possession vide seizure memo Ex.PW32/F and the seizure memo Ex.PW32/B regarding body parts of the cows taken from the pick up van was prepared in the Police Station. He has testified that all the six accused persons were thoroughly interrogated and their names were disclosed as Asif, Wasim, Salim, Sitaram, Kailash and Yakoob who were then arrested in this case. He has proved that the accused Salim was arrested in this case vide memo Ex.PW32/G1, his personal search was conducted vide memo Ex.PW32/G2 and his disclosure statement was also recorded vide Ex.PW32/G3; the accused Yakub (now deceased) was arrested in this case vide memo Ex.PW32/H1, his personal search was conducted vide memo Ex.PW32/H2 and his disclosure statement was also recorded vide Ex.PW32/H3; accused Wasim was arrested in this case vide memo Ex.PW32/I1, his personal search was conducted vide memo Ex.PW32/I2 and his disclosure statement was also recorded vide Ex.PW32/I3; accused Sita Ram was arrested in this case vide memo Ex.PW32/J1, his personal search was conducted vide memo Ex.PW32/J2 and his disclosure statement was also recorded vide Ex.PW32/J3; accused Kailash was arrested in this case vide memo Ex.PW32/K1, his personal search was conducted vide memo Ex.PW32/K2 and his disclosure statement was also recorded vide Ex.PW32/K3; accused Asif was arrested in this case vide memo St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 93 Ex.PW32/L1, his personal search was conducted vide memo Ex.PW32/L2 and his disclosure statement was also recorded vide Ex.PW32/L3. The witness has further deposed that Investigating Officer Inspector Gajender Singh recorded his statement under Section 161 Cr. P. C. (79) Witness has further deposed that on 17.05.2010 he again joined the investigation of this case with the Investigating Officer Inspector Gajender Kumar and on that day the aforesaid accused persons were on Police Remand. He has also deposed that the accused were again interrogated and they made their supplementary disclosure statements. He has proved the supplementary disclosure statement of accused Salim which is Ex.PW32/G4, disclosure statement of accused Yakoob (now deceased) which is Ex.PW32/H4, disclosure statement of accused Wasim which is Ex.PW32/I4, disclosure statement of accused Sita Ram which is Ex.PW32/J4, disclosure statement of accused Kailash which is Ex.PW32/K4, disclosure statement of accused Asif which is Ex.PW32/L4. Witness has further deposed that in their supplementary disclosure statements all the accused persons had disclosed that they alongwith other accused persons had slaughtered a cow in the open place near a school in sector 19, Dwarka in the month of February 2010. According to the witness all the aforesaid accused persons had pointed out the place where they had slaughtered one cow in the month of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 94 February 2010. Witness has further deposed that his statement was recorded by Inspector Gajender Singh.
(80) The witness has correctly identified the accused Kailash, Wasim, Sita Ram and Asif in the Court. He has also correctly identified the case property in the Court i.e. three iron rods which are hooked recovered from pickup van which are Ex.P5, Ex.P6 and Ex.P7; three iron rods two of them are spiked/ pointed from both the sides and one of them is spiked/ pointed on one side with plastic handle on the other side, four butcher's knives which were recovered from the pick up van, the iron rods spiked on both the sides are Ex.P8, Ex.P9 respectively, iron rod spiked on both sides with plastic handle is Ex.P10 and Four butcher's knives are Ex.P11, Ex.P12, Ex.P13 and Ex.P14; stones recovered from the pickup van which are collectively Ex.P15 and the pickup van which is Ex.P16.
(81) In his cross examination by Ld. Defence counsel, witness has deposed that the Investigating Officer prepared the arrest memos, personal search memos of all the accused persons in the Police Station on 14.05.2010 between 22:30 PM. According to the witness Investigating Officer had informed the relatives of the accused about their arrest but he does not recollect if their relatives had come to the Police Station. He has also deposed that the disclosure statements of all the accused persons were recorded in the Police Station after 2:30 PM. Witness has further St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 95 deposed that they reached at godown of accused Bholu along with accused Asif at around 11:1511:30AM before arrest. According to the witness the place where godown is situated is a crowded place and in his presence the Investigating Officer had not given any notice to public persons to join the investigations. Witness has further deposed that Investigating Officer had requested 45 public persons to join the investigations but none agreed and left the spot. He has testified that they remained at the godown of accused Bholu for about one hour. Witness has further deposed that signatures of public person is not present on the seizure memo of body parts of slaughtered cows. Witness has denied the suggestion that they had not reached at the godown of accused Bholu or that no seizure memo was prepared at the godown of accused Bholu. Witness has further deposed that supplementary statements of accused persons were recorded by the Investigating Officer in his presence in the Police Station on 17.05.2010. Witness has denied the suggestion that accused persons did not make their disclosure statements or that the same were written by the Investigating Officer of his own. (82) PW33 Inspector Gajendra has deposed that on 14.05.2010 he alongwith SI Praveen Attri, Ct. Jai Prakash Ct. Bijender, Ct. Satya Narayan and other police staff was present in the investigation of this case. According to the witness on the receipt of information he alongwith other staff of the police reached at Rani Khera Road where he found that the police officials of Special Staff and Police Station Vijay Vihar had St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 96 stopped one pick up van bearing no. UP 14 M 7786 and six persons had already been caught hold by them. Witness has further deposed that there were three slaughtered cows in the said Van. According to the witness on interrogation from the accused persons he came to know that some other slaughtered cows may be recovered from the godown of Bholu in Uttam Nagar and SI Mahavir handed over to him the sealed parcel containing desi katta, live cartridge as recovered from accused Salim and desi katta, empty cartridge and live cartridge as recovered from accused Asif. Witness has further deposed that he also handed over the seizure memos of aforesaid Kattas and cartridges which is Ex.PW24/C and Ex.PW24/D. He has testified that he also collected the sketches of aforesaid Katta and cartridges from SI Mahavir after which he alongwith SI Praveen, Ct. Saya Narayan and the accused Asif reached at a godown in Uttam Nagar which was of accused Bholu where accused Bholu was not found there. Witness has further deposed that they observed that the accused Bholu appeared to have had escaped from the godown whereas three slaughtered cows were found in the said godown which were taken into possession vide memo Ex.PW32/A. According to the witness the aforesaid body parts/ slaughtered cows were brought to the spot i.e. Rani Khera Road from where he collected the body parts of the slaughtered cows/ cattle, kept in the pick up van and then returned to the Police Station because the situation at Rani Khera Road was going out of control as a large number of persons had collected. Witness has further deposed that the body St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 97 parts of the cows/ cattle taken from the pick up van were seized in the Police Station vide seizure memo Ex.PW32/B. According to the witness he took the photographs of the body parts of the cows from his camera and the pick up van bearing no. UP 14 M 7786 was taken into possession vide seizure memo Ex.PW32/E. Witness has further deposed that the katta containing stones, three iron hooks, four knives and three screw driver type rods were taken into possession vide seizure memos Ex.PW32/C, Ex.PW32/D, Ex.PW32/F. He has also deposed that he collected the samples of the body parts of the slaughtered cows which were handed over to him by Dr. Narender Dabas, Veterinary Officer, Rohini Zone, MCD, duly sealed with the seal of YP which were into two container and were taken into possession vide seizure memo Ex.PW33/A. Witness has further deposed that all six accused persons were thoroughly interrogated and their names then came to be known as Asif, Wasim, Salim, Sitaram, Kailash and Yakoob who were arrested in this case. According to the witness the accused Salim was arrested in this case vide memo Ex.PW32/G1, his personal search was conducted vide memo Ex.PW32/G2 and his disclosure statement was also recorded vide Ex.PW32/G3; accused Yakub (now deceased) was arrested in this case vide memo Ex.PW32/H1, his personal search was conducted vide memo Ex.PW32/H2 and his disclosure statement was also recorded vide Ex.PW32/H3; accused Wasim was arrested in this case vide memo St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 98 Ex.PW32/I1, his personal search was conducted vide memo Ex.PW32/I2 and his disclosure statement was also recorded vide Ex.PW32/I3; accused Sita Ram was arrested in this case vide memo Ex.PW32/J1, his personal search was conducted vide memo Ex.PW32/J2 and his disclosure statement was also recorded vide Ex.PW32/J3; accused Kailash was arrested in this case vide memo Ex.PW32/K1, his personal search was conducted vide memo Ex.PW32/K2 and his disclosure statement was also recorded vide Ex.PW32/K3; accused Asif was arrested in this case vide memo Ex.PW32/L1, his personal search was conducted vide memo Ex.PW32/L2 and his disclosure statement was also recorded vide Ex.PW32/L3. According to the witness, Investigating Officer Inspector Gajender Singh recorded his statement under Section 161 Cr.P.C. and then prepared the site plan Ex.PW33/B of the spot at the instance of SI Mahavir Singh. Witness has further deposed that all the aforesaid accused persons were produced before the Ld. MM on the same day and the accused Asif, Salim, Wasim and Yakoob (deceased) were taken on Police Custody remand for four days. He has also deposed that on 16.05.2010 the aforesaid accused persons namely Asif, Salim, Wasim and Yakub (since deceased) took them to Village Ajgara, Mawana, District Meerut for the search of accused Rizwan and Shahbuddin and raid was also conducted in Mawana for remaining accused but they could not be St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 99 found there. According to the witness thereafter they came back to the Police Station and on the same day and thereafter they raided the area of Shakurpur where the other accused persons were previously residing but they could not be found.
(83) Witness has further deposed that on 17.05.2010 the aforesaid accused persons were on Police Custody remand and they were again interrogated during which the accused made their supplementary disclosure statements. He has proved the supplementary disclosure statement of accused Salim which is Ex.PW32/G4, disclosure statement of accused Yakoob (now deceased) which is Ex.PW32/H4, disclosure statement of accused Wasim which is Ex.PW32/I4, disclosure statement of accused Sita Ram which is Ex.PW32/J4, disclosure statement of accused Kailash which is Ex.PW32/K4 and disclosure statement of accused Asif which is Ex.PW32/L4. He has further testified that in the supplementary disclosure statements all the aforesaid accused persons had disclosed that they alongwith other accused persons had slaughtered one cow in the open place near a school in sector 19, Dwarka in the month of February 2010. According to the witness all the aforesaid accused persons had pointed out the place where they had slaughtered one cow in the month of February 2010.
(84) The witness has also deposed that on 02.06.2010 he received a secret information that the coaccused Bholu is present in his godown at Chanakya Place in Uttam Nagar on which he alongwith Ct. Kuldeep and St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 100 Ct. Jai Prakash reached there and the accused Bholu was found available in his godown and was apprehended. According to the witness the accused Bholu was interrogated and on being satisfied he was arrested in this case vide memo Ex.PW25/A, his personal search was also conducted vide memo Ex.PW25/B and his disclosure statement was also recorded which is Ex.PW25/C. He has further deposed that on the same day he was transferred from the Police Station therefore the further investigation of this case was handed to some other Investigating Officer and he handed over the case file to MHC(R). Witness has further deposed that the accused was sent to lock up and he recorded statement of concerned witnesses.
(85) The witness has correctly identified the accused Kailash, Wasim, Sita Ram, Asif and Bholu in the Court. He has also identified the case property i.e. three iron rods which are hooked recovered from pickup van which are Ex.P5, Ex.P6 and Ex.P7; three iron rods two of them are spiked/ pointed from both the sides and one of them is spiked/ pointed with one side with plastic handle on the other side, four butcher's knives which were recovered from the pick up van, the iron rods spiked on both the sides are Ex.P8, Ex.P9 respectively, iron rod spiked on both sides with plastic handle is Ex.P10 and Four butcher's knives are Ex.P11, Ex.P12, Ex.P13 and Ex.P14; stones recovered from the pickup van which are collectively Ex.P15 and the pickup van which is St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 101 Ex.P16.
(86) In his cross examination by Ld. Defence counsel, witness has admitted that no public person was cited as a witness in this case. Witness has further deposed that he had given the information regarding arrest of the accused persons and the persons to whom the information was given and their mobile number are mentioned in respective memos but none came forward. Witness has denied the suggestion that he did not give them the information regarding arrest of the accused persons or that he had mentioned the names and mobile numbers in the relevant column in the arrest memo of his own. According to the witness he firstly recorded the disclosure statement of Asif in the Police Station on 14.05.2010 but he does not remember the time. Witness has denied the suggestion that the details and particulars of the accused who had escaped were not given the disclosure statements by those who were apprehended by way of which the absconding accused could be identified and has voluntarily explained that the details given by the accused who were caught were sufficient for the purposes of their identification. Witness has also denied the suggestion that the said details provided were not sufficient and accused Rajesh @ Putia, Shahbuddin, Gulfam, Siraj and Rizwan have been wrongly implicated on the grounds of mistaken identity and having common name. Witness has further deposed that in the year 199394 he had done DCourse i.e. practical training course at Police Post Raghubir Nagar of Police Station Rajouri Garden. Witness St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 102 has admitted that accused Bholu is a resident of Raghubir Nagar and that accused Bholu is known to him since he was on training in P.P. Raghubir Nagar. Witness has further deposed that supplementary disclosure statement of above said accused persons were recorded in the Police Station on 17.05.2010 and he recorded the statement under Section 161 Cr. P.C. of twelve police officials in the Police Station on 14.05.2010. Witness has denied the suggestion that nothing was recovered from the possession of the accused persons.
(87) PW34 Inspector Harish Chander has deposed that on 03.06.2010 he was posted at Police Station Kanjhawala as Inspector Investigations and on that day the investigations of the present case was handed over to him. According to the witness he went through the case file after taking the same from MHC(R) and found that on 02.06.2010 Bholu had been arrested by the previous Investigating Officer Inspector Gajender Singh. Witness has further deposed that Bholu was in the police lockup at that time and therefore produced him before the Ld. Area Magistrate and obtained one day Police Custody Remand. According to the witness during the Police Custody Remand he interrogated Bholu at length. He has also deposed that on the next day he again produced him before the Area Magistrate and was got remanded to Judicial Custody. He has also deposed that on 16.06.2010 he got the exhibits of the case i.e. firearms and ammunitions sent to FSL Rohini for ballistic examination vide RC No. 39/21/10 through Ct. Satbir. According to the witness after St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 103 Ct. Satbir deposited the exhibits in the FSL, he handed over the receipt of the same which was got pasted on register No. 21 through the MHC(M) and he then recorded the statements of MHC(M) and Ct. Satbir and relieved them.
(88) Witness has further deposed that on 29.06.2010 he obtained the out station permission from his senior officers and went in search of the absconding accused at village Azrala, Police Station Mundali, District Meerut, UP. According to the witness, while he was still in Meerut on 30.06.2010 he gave telephonic instructions to MHC(M) HC Vijay for sending the remaining exhibits to FSL for examination and later when he returned on 01.07.2010 he was told by the MHC (M) HC Vijay that pursuant to his instructions he had got these documents sent to FSL Rohini through Ct. Sanjay vide RC No. 48/21/10 which was deposited in the FSL, receipt of which was pasted in register No. 21. Witness has further deposed that he recorded the statements of both the MHC(M) HC Vijay and Ct. Sanjay on 01.07.2010 and relieved them. According to the witness, on 17.07.2010 he moved an application to the court of Ld. MM for obtaining the NBWs of the remaining absconding accused i.e. Rizwan, Shahbuddin, Gulfam, Rajesh @ Putiya, Khalid and other person whose name he does not recollect. He has also deposed that now after permission has been granted to the witness to refresh his memory he has informed that the name of the accused was Siraz. The witness has further deposed that on 04.08.2010 he prepared the draft charge sheet St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 104 against the accused and after completing the requisite formalities filed the same in the court on 10.08.2010. He has identified the accused Bholu in the Court.
(89) In his cross examination by Ld. Defence Counsel, witness has deposed that he did not prepare any document regarding interrogation of the accused Bholu.
(90) PW35 SI Sudhir Rathi has deposed that on 16.02.2013 he was posted at Police Station Kanjhawala and on that day an information was received by the SHO Police Station Kanjhawala regarding the arrest of Proclaimed Offender Rizwan who is wanted in the present case and a request for production warrant had already been filed/ moved by HC Raj Kumar before the competent MM. According to the witness, on the directions of SHO Police Station Kanjhawala the further investigations in respect of the Proclaimed Offender accused were marked to him. The witness has also testified that he then went to the Court of the Area Magistrate Sh. Sushil Anuj Tyagi and moved the request for formal arrest of the accused and to interrogate the accused Rizwan who was produced in a muffled face before the Ld. Magistrate. Witness has further deposed that after the permission from the Ld. MM he along with Ct. Sudhir interrogated the accused Rizwan (correctly identified) outside the Court. He has also deposed that he then formally arrested him and recorded his disclosure statement and his arrest memo is Ex.PW13/A, his disclosure statement is Ex.PW13/B. Witness has further deposed that he then St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 105 produced him before the Area Magistrate and obtained his one day Police Custody Remand. He has explained that first the medical examination of accused Rizwan was got done. He has also deposed that the accused then pointed out the spot where the pickup van was intercepted and from where he had escaped to them. According to the witness pursuant to the same he prepared the pointing out memo which is Ex.PW13/C. Witness has further deposed that they then returned to the Police Station where the accused was put in the lockup and he recorded the statement of Ct. Sudhir and relieved him. According to the witness on the next day the accused was produced before the Area Magistrate and he was remanded to Judicial Custody. Witness has further deposed that through out this period the accused was kept in muffled face and he also collected the copy of the kalandra in respect accused Rizwan. He has also deposed that he moved an application for getting the Test Identification Parade of the accused Rizwan but he refused. The witness has testified that on 09.04.2013 he received an information from HC Neeraj of Special Staff, Outer District regarding the apprehension of the Proclaimed Offender accused Gulfam and was also informed by the SHO Police Station Kanjhawala that he was to be produced before the Area Magistrate on 10.04.2013. According to the witness on the directions of the SHO he along with Ct. Rakesh went to the court of the Area Magistrate Sh. Sushil Anuj Tyagi and moved the request for formal arrest of the accused and to interrogate the accused Gulfam who was produced in unmuffled face St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 106 before the Ld. Magistrate. Witness has also deposed that after the permission from the Ld. MM he along with Ct. Rakesh interrogated the accused Gulfam, whom the witness has correctly identified, outside the court, after which he formally arrested him and recorded his disclosure statement. He has proved the arrest memo of accused Asif which is Ex.PW5/A and his disclosure statement which is Ex.PW5/B. Witness has further deposed that while he was preparing the documents, SI Mahavir also came to the Court and identified the accused Gulfam as one of the persons/ accused who had escaped from the spot. The witness has testified that he recorded the statement of HC Neeraj from Special Staff, Outer District who had come to the court to produce the accused in the court and thereafter relieved him from the court itself. Witness has further deposed that he then produced the accused before the Area Magistrate and obtained his one day Police Custody Remand. According to the witness first the medical examination of accused Gulfam was got done from SGM Hospital. He has also deposed that the accused then pointed out to them the spot where the pickup van was intercepted and from where he had escaped, pursuant to which he prepared the pointing out memo which is Ex.PW5/C. Witness has also deposed that they then returned to the Police Station where the accused was put in the lockup and he recorded the statement of Ct. Rakesh and relieved him. According to the witness on the next day the accused was produced before the Ld. Area Magistrate and he was remanded to Judicial Custody. Witness has St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 107 further deposed that on 01.07.2013 information was received in the Police Station from HC Devender of Special Staff, Outer District regarding apprehension and arrest of accused Shahbuddin (correctly identified by the accused) who had been got sent to Judicial Custody till 04.07.2013 on which in the evening he went to the office of the Special Staff and obtained the documents relating to the Kalandara, arrest, personal search and disclosure statement made by the accused. He has testified that on 04.07.2013 Shahbuddin was produced before the Area Magistrate in a muffled face. According to the witness with the permission of the Ld. Magistrate he interrogated the accused Shahbuddin. Witness has also deposed that thereafter he arrested the accused Shahbuddin vide memo Ex.PW4/A, his disclosure statement was recorded vide Ex.PW35/A and thereafter the accused was again produced before the Ld. MM and got remanded to Judicial Custody till 11.07.2013. He has also testified that on 11.07.2013 he obtained one day Police Custody remand from the Court of the Ld. MM. According to the witness first the medical examination of accused Shahbuddin was got done from SGM Hospital and the accused then pointed out the spot where the pickup van was intercepted and from where he had escaped, pursuant to which he prepared the pointing out memo which is Ex.PW4/B and they then returned to the Police Station where the accused was put in the lockup. According to the witness he recorded the statement of Ct. Ashok and relieved him and on the next day the accused was produced before the area magistrate and he was St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 108 remanded to Judicial Custody.
(91) Witness has further deposed that he then prepared the supplementary charge sheet against the accused Rizwan and filed the same in the Court and later he prepared the supplementary charge sheet in respect of the accused Shahbuddin and Gulfam and also Rajesh @ Putiya who had been arrested by SI Arun and filed the same before the Ld. Area Magistrate.
(92) In his cross examination by Ld. Defence counsel, witness has deposed that he did not join any court staff, advocate or any other public person while interrogating the accused Rizwan, Gulfam and Shahbuddin outside the court. Witness has admitted that the accused Gulfam was not got identified by any body and has voluntarily explained that he was specifically named and therefore test identification was not necessary. Witness has further deposed that while interrogating the accused Rizwan, Gulfam and Shahbuddin it hardly took him 2025 minutes outside the court room while interrogating them and recording their disclosure statements. Witness has denied the suggestion that Rizwan, Gulfam and Shahubddin did not make any disclosure statements or that he recorded the same of his own after obtaining their signatures/thumb impressions on the blank papers which he converted into various memos later on. Witness has also denied the suggestion that accused Rizwan had refused to join the judicial TIP as he had already been shown to the witnesses. Witness has admitted that he did not participate in the interrogation of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 109 accused Rajesh @ Putiya and has voluntarily explained that he had only prepared his charge sheet along with other coaccused. Witness has denied the suggestion that he has prepared the supplementary charge sheet without application of mind in a routine manner or that he was deposing falsely.
STATEMENT OF ACCUSED/ DEFENCE EVIDENCE:
(93) After completion of prosecution evidence the statements of the accused were recorded under Section 313 Cr.P.C. wherein all the incriminating evidence was put to them which they denied. (94) The accused Gulfam has stated that he is innocent and has been falsely implicated. According to the witness, he was lifted from Meerut when he was selling bananas on a rehri. He has further stated that he has nothing to do with the alleged incident and the entire case against him has been fabricated by the police in order to falsely implicate him. (95) The accused Asif has stated that he is innocent and has been falsely implicated. According to the witness, he was lifted by the police from Hapur where he had gone to visit his uncle/ Mama. He has further stated that he has nothing to do with the alleged incident and the entire case against him has been fabricated by the police in order to falsely implicate him.
(96) The accused Bholu has stated that he is innocent and has been falsely implicated. According to the witness, he was lifted by the police St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 110 from his shop at Chanakya Puri, Sitapuri and falsely implicated in the present case. He has further stated that he has not committed any offence.
(97) The accused Kailash has stated that he is innocent and has been falsely implicated. According to the witness, he was lifted from his house at C1, Janakpur, Bindapur JJ Colony and falsely implicated in the present case. He has further stated that he has not committed any offence and the entire case against him has been fabricated by the police. (98) The accused Rizwan has stated that he is innocent and has been falsely implicated. According to the witness, he was lifted from Village Nahal, Masoori, Ghaziabad where he had gone to visit his relatives. He has further stated that he has not committed any offence and the entire case against him has been fabricated by the police. (99) The accused Wasim has stated that he is innocent and has been falsely implicated. According to the witness, he was lifted from Chanakya Palace Colony, where he was sleeping in his room. He has further stated that he has not committed any offence and the entire case against him has been fabricated by the police. (100) The accused Sita Ram has stated that he is innocent and has been falsely implicated. According to the witness, he was lifted by the police from Bindapur Colony, C1, Janakpuri, Delhi. He has further stated that he not committed any offence and the entire case against him has been fabricated by the police.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 111 (101) The accused Siraj has stated that he is innocent and has been falsely implicated. According to the witness, he was lifted by the police from Meerut Bazar at Khan Nagar where he had gone to make purchases of vegetables. He has further stated that he has not committed any offence and the entire case against him has been fabricated by the police. (102) The accused Shahabuddin has stated that he was lifted from his house and was wrongly arrested in place of other Shahabuddin who was actual culprit and has been falsely implicated. (103) The accused Rajesh @ Putiya has stated that he is innocent and has been falsely implicated in the present case after lifting from his house.
(104) The accused Kailash and Sitaram have examined two witnesses in their defence.
(105) DW1 Sh. Kedar Prashad a Mason by profession has deposed that the accused Sita Ram is his real brother and the accused Kailash is his brotherinlaw (Sala) and they are all residing together in Delhi at Bindapur. He has further deposed that on 13.05.2010, at about 3:00 AM Kailash was going to his native village at Rajasthan and when he reached at 40 Foota Road, two persons who were in civil clothes caught hold of him and gave beatings to him. He has further deposed that thereafter the said two persons brought Kailash near his room and he (witness) was sleeping at that time. The witness has testified that his brother Sita Ram was also taken by the said two persons alongwith St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 112 Kailash and when he woke up the neighbours informed him that the said two persons were Police Officials who took Kailash and Sita Ram with them. The witness has further deposed that thereafter he made a call at 100 number but no PCR van/ official came there nor any official from Police Station came there. He has further deposed that he also made a complaint to SHO Police Station Bindapura on 14.05.2010 in this regard copy of which is Ex. DW1/A. According to the witness, he has also annexed a list of the neighbours/ public persons along with the said complaint which list is now Ex. DW1/B. (106) In his crossexamination by the Ld. Addl. PP for the State, the witness has deposed that on 13.05.2010, he woke up at about 4:00 AM and the aforesaid Police officials went away with Sita Ram and Kailash at about 3:30 AM. According to the witness, he could not see them coming and taking Kailash and Sita Ram from the house where they were residing. He has further deposed that he only heard from the nearby residents that the Police Officials had come. He has also deposed that he could not give the description of those Police officials as he has not seen them. He has further deposed that he made the PCR call at 100 number from the phone of his neighbour but he is unable to tell the name of his neighbour from whose mobile phone he made a call at 100 number nor can he tell the mobile phone number. He has denied the suggestion that he did not make any call at 100 number therefore he is unable to tell the mobile phone number and the subscriber of the said phone. He has St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 113 further deposed that he went to the Police Station to hand over his complaint to the SHO but he is unable to tell the name of the SHO to whom he met in the Police Station. He is also unable to tell the name of the Police official to whom he handed over the complaint. He has denied the suggestion that only to create an evidence in favour of accused Kailash and Sita Ram, he prepared the said complaint or that no public person informed him about the said incident or that he has concocted the story of coming the Police officials and lifting the accused Kailash and Sita Ram. He has also denied the suggestion the list of persons Ex.DW1/B is also fabricated only to create evidence in favour of the accused persons or that being related to the accused Kailash and Sita Ram he is deposing falsely.
(107) DW2 Sh. Shiv Lal a resident of RZC3, Sita Puri, Dabri, Delhi, has deposed that he is doing work of ironing of clothes. He has further deposed that on 13.05.2010 the construction of his house was going on and the accused Kailash who is a Mason by profession was constructing his house. He has further deposed that on that day, he had given Rs.5,000/ to Kailash in the evening and on the next day i.e. on 14.05.2010 the accused Kailash was about to leave his house to go his native village at Rajasthan. According to this witness, while Kailash had moved 1520 steps after coming from his house, two Police officials took Kailash with them. He has testified that after twothree days he came to know of this fact but he did not see the aforesaid Police officials taking St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 114 away Kailash with them.
(108) In his crossexamination by the Learned Addl. PP for the State, the witness has deposed that he came to know about the above incident by the labour after about threefour days but he is unable to tell the name of those labour who informed him about the above incident. He has further deposed that he did not make any complaint against the Police officials in writing or oral nor he made any call at 100 number. He has further deposed that the date of 13.05.2010 was told to him by the accused Kailash and therefore he remembered the same. He has also deposed that no writing work was doing while he gave Rs.5,000/ to Kailash. He denied the suggestion that he has concocted the above story in order to give benefit to the accused.
(109) During the Course of arguments since the complaint under Section 195 Cr.P.C. has not been proved by the prosecution by calling the complainant SI Mahavir Singh, therefore, this Court has used its powers under Section 311 Cr.P.C. and examined Inspector Swadesh Prakash the then SHO of Police Station Vijay Vihar as CW1.
(110) CW1 Inspector Swadesh Prakash has deposed that on 14.05.2010 he was working as SHO Police Station Vijay Vihar and on that day a secret information was received by SI Mahavir. According to him, the said information was lodged vide DD No. 8A at 3.15 AM and the contents of secret information was conveyed to senior officers after which a joint team comprising himself, SI Mahavir and other staff of Police St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 115 Station Vijay Vihar and the police officials of Special Staff, Outer District. He has deposed that thereafter the police team reached at the place pointed out by the secret informer i.e. at MundkaRanikhera Road near Ranikhera Village. He has deposed that he reached the spot separately from the team in his official Gypsy bearing No. DL 1C J 4854 and the member of raiding party were also briefed and they were deployed at the spot by SI Mahavir. According to the witness, at about 4.45 AM one pick up van bearing number UP 14 M 7786 came. He has deposed that they had blocked the road by putting heavy stones on the road and the driver of the said vehicle had tried to drive the vehicle by putting his Van on Kaccha Road and they all staff started following the said vehicle with their vehicles. Witness has deposed that the persons sitting the pick up van started pelting stones on his Gypsy but finding themselves surrounded by the police officials from all side, the pick up van stopped and the person sitting in the pickup van started running away and in this process one person had fired while he was being stopped which hit the bonnet of his gypsy. The witness has further deposed that the said person was surrounded by them and chased and caught by HC Rohtash and his team. According to him, on interrogation the name of this person was disclosed as Asif. Witness has correctly identified accused Asif by pointing out towards him as the person who had fired at him which fire hit the bonnet of his gypsy. Witness has deposed that Ct. Kuldeep, HC Surender and Ct. Hari Chand had apprehended the other St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 116 boy who was known Salim. He further deposed that Ct. Pawan, Ct. Ajit, HC Rakesh, Ct. Subhash and Ct. Dhanraj had apprehended the four accused persons and on interrogation their names were known as Kailash, Sita Ram, Wasim and Yakoob while the remaining accused persons succeed in running away from spot. According to the witness, during interrogation the accused Asif, Saleem, Wasim, Kailash, Sita Ram and Yakoob disclosed the names of other associates who escaped from the spot as Bholu, Gulfam, Rajesh @ Putia and Siraj all residents of UP, Rajasthan and Delhi. He has deposed that Bholu is from Raghubir Nagar and Siraj resident of Meerut.
(111) The witness has deposed that the aforesaid pickup van bearing No. UP14 M 7786 was taken into possession and on the formal search of the said vehicle, three bodies of cows were recovered from the back portion of the vehicle. He has deposed that one katta (jute bag) was found in the driver's cabin, the same was checked and found to contain stones. He further deposed that on further checking knives, three piercing iron rods and three other rods having hook on top were also found lying in driver's cabin of the van. According to him, the aforesaid knives, piercing rods and other iron rods were also taken into possession by SI Mahavir and thereafter in his presence SI Mahavir prepared the sketch of country made pistol/katta which was taken from the hands of Asif and the said sketch is Ex.PW24/A bearing the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 117 signatures of SI Mahavir at point C. The witness has deposed that the katta was then converted into pullanda with the help of polythene and cloth and thereafter sealed with the seal of MS and SI Mahavir then seized the same vide memo Ex.PW24/D bearing the signatures of SI Mahavir at point C. He has deposed that the country made pistol recovered from the possession accused Saleem was also handed over to SI Mahavir by HC Surender Dahiya. According to him, the sketch of the said katta/ country made pistol was similarly prepared which is Ex.PW24/B bearing the signatures of SI Mahavir at point C after which the said katta was converted into pullanda and sealed with the seal of MS and was taken into possession vide memo Ex.PW24/C bearing signatures of SI Mahavir at point C. The witness has deposed that the country made pistol, one empty and one live cartridge as recovered from the possession of accused Asif, were taken into possession vide seizure memo Ex.PW24/D bearing the signatures of SI Mahavir at point C. according to the witness, the aforesaid bag containing stones which was recovered from the driver's cabin of the offending vehicle was converted into parcel and sealed with the seal of GK. He has deposed that the said parcel was taken into possession vide memo Ex.PW32/C bearing signatures of SI Praveen Kumar at point A and Inspector Gajender Singh at point B. (112) The witness has deposed that the three knives which were found from the driver's cabin of the offending vehicle bearing No. UP 14 M 7786 which knives were photographed in his presence and the said St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 118 photograph is Ex.CW1/B9. According to the witness, the knives were then converted into pullanda with the help of cloth and sealed with the seal of MS in his presence. He has deposed that SI Mahavir had also taken the photographs of the spot and the case property himself which are collectively Ex.CW1/B1 to Ex.CW1/B11.
(113) The witness has further deposed that SI Mahavir prepared the rukka in his presence which is Ex.CW1/A bearing his signatures at point A and being well conversant with the handwriting and signatures of SI Mahavir having seen him while writing and signing in the due course of his official duty. According to the witness, since the said rukka was prepared by SI Mahavir in his presence therefore he can identify his signatures at point B on rukka Ex.CW1/A. He has deposed that the said rukka was sent to Police Station by SI Mahavir Singh through HC Surender Dahiya. According to the witness, in the meanwhile the accused apprehended at the spot namely Asif (correctly identified), Yakoob (deceased), Wasim (correctly identified), Kailash (correctly identified), Saleem (PO) and Sita Ram ( correctly identified) were interrogated. He has identified the accused Rajesh @ Putti, Bholu, Gulfam and Siraj also as the persons who had escaped from the spot. (114) The witness has deposed that after some time Inspector Gajender Singh came to the spot along with the copy of FIR and the original rukka as the investigations were marked to him. According to St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 119 him, all the accused who were apprehended at the spot along with the case property and prepared documents were handed over to Inspector Gajender Singh by SI Mahavir. He has deposed that thereafter Inspector Gajender Singh prepared the arrest memos of all the accused persons, conducted their personal search and prepared their memos and then recorded their disclosure statements which are already on record and were prepared in his presence.
(115) The witness has deposed that the three pointed iron rods were also taken into possession and converted into pullandas with the help of plastic jar and sealed with the seal of GK in his presence and thereafter seized and the seizure memos of the three knives and the pointed iron rods is already Ex.PW32/F. According to the witness, Inspector Gajender also took into possession three hooked iron rods, converted the same into pullanda with the help of plastic jars and sealed the same with the seal of GK and seized the same vide memo Ex.PW32/D. He has deposed that the offending vehicle bearing no. UP 14 M 7786 containing the remains of the slaughtered cows along with the contents i.e. the carcasses, flesh etc. was also taken into possession and seized vide memo Ex.PW32/E and the photographs of the same are Ex.CW1/B1, Ex. CW1/B3 to Ex.CW1/B7, the photographs of the pointed rods and the hooks are Ex.CW1/B9 and the photograph of his official gypsy which was hit by the bullet showing the damage is Ex.CW1/B8, Ex.CW1/B10 and Ex.CW1/B11. The said pickup van is St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 120 already Ex.P16. According to the witness, the site plan of the spot of incident was prepared by Inspector Gajender at the instance of SI Mahavir which is Ex.PW33/B. He has deposed that after the completion of the proceedings he returned back to the police station. (116) The witness has identified the case property i.e. katta Ex.P1, cartridge Ex.P2 and empty cartridge Ex.P2A as the same as the same as recovered from the possession of accused Asif; desi katta Ex.P3 and the cartridge Ex.P4 as the same which were recovered from the possession of accused Salim (Proclaimed Offender); three iron rods which are hooked Ex.P5, Ex.P6 and Ex.P7 as the same which were kept in a katta lying near the driver seat of the pick up van; the iron rods spiked on both the sides are Ex.P8, Ex.P9, iron rod spiked on one side with plastic handle Ex.P10, four butcher's knives Ex.P11, Ex.P12, Ex.P13 and Ex.P14 as the same which were kept in a katta lying near the driver seat of the pick up van; stones collectively Ex.P15 as the same which were kept in a katta lying near the driver seat of the pick up van. The witness after seeing the photographs of the pickup van which are Ex.CW1/B1, Ex.CW1/B3 and Ex.CW1/C6 has correctly identified the Van which is already Ex.P16.
(117) The witness has been crossexamined by the Ld. Addl. PP for the State, where the witness has deposed that SI Mahavir was working under his supervision in the police station Vijay Vihar at the time of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 121 incident. He has further deposed that the aforesaid documents were prepared by SI Mahavir in his presence. He has specifically clarified that he has identified the signatures of SI Mahavir as he had worked with him during the course of official duty and he had seen him while writing and signing. According to the witness, presently SI Mahavir is not available in India and has voluntarily explained that he can identify his handwriting and signatures. He has admitted that the complaint under Section 195 Cr.P.C. was filed before the Ld. MM by the then ACP Sh. Bishan Mohan which complaint along with the list of witnesses is Ex.PX9 which complaint is not disputed by the accused Asif, Wasim, Kailash, Sitaram and Bholu who states that they are only disputing the allegations against them which bears the signatures of the then ACP at point A which signatures he has identified having worked with him in his capacity as SHO of Police Station Vijay Vihar. The witness has further identified the signatures of the then Addl. DCP (Outer) Sh. Suvashish Chaudhary who had accorded the sanction under Section 39 of Arms Act against the accused Asif which sanction is Ex.CW1/D and is not disputed by the accused bearing the signatures of the then Addl. DCP at point A which signatures he identified having worked with him in his capacity of SHO of Police Station Vijay Vihar.
(118) In his crossexamination by Ld. Defence Counsels, the witness has admitted that none of the above documents bear his signatures. He has denied that none of the memos bears his signatures as St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 122 he was not a member of raiding party. He admits that SI Mahavir had only prepared the seizure memos of knives and not the spikes and hooks which were prepared by Inspector Gajender. He is unable to tell why SI Mahavir did not prepare all the documents including the documents relating to the recovery of spikes and hooks when the seizure memo of country made pistols and knives were prepared and has voluntarily explained that it was a raid and large number of documents were being prepared. He has denied that the country made pistols, knives, spikes, stones and hooks were planted on the accused persons on the advise of the senior officers at various points of time and that is why these documents were prepared at different times.
(119) The witness has further deposed that the accused were interrogated for about 45 hours. He admits that the incident is of the early morning hours and that no public witness was joined and has voluntarily explained that IO had requested some public persons but they refused. He has denied the suggestion that the complaint under Section 195 Cr.P.C. was made by the then ACP Sultan Puri in a routine manner or that the sanction under Section 39 of Arms Act against the accused Asif had been accorded by the then Addl. DCP in a routine manner under pressure of Department only to falsely implicate the accused Asif. Witness has denied that accused namely Asif, Saleem (PO), Wasim, Yakoob (deceased), Sita Ram and Kailash were lifted from their houses and falsely implicated on the directions of the senior officers and St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 123 thereafter the other accused namely Rajesh @ Putia, Siraj, Bholu and Gulfam were also lifted from their houses and falsely implicated in this case. He has further denied that all documentation was done while sitting in the police station under supervision and advise of the senior officers. According to the witness, SI Mahvir had worked under him for six months when he was posted as SHO Vijay Vihar. He has further deposed that at the time of incident Inspector Gajender was SHO Kanjhawala and they were not posted together in the same police station. He has further deposed that Inspector Gajender must have been posted in the same police station where he was posted about many years ago but not in the recent past. The witness has denied that he connivance with Inspector Gajender had planned and concocted this incident to falsely rope in accused in the present case. He has deposed that now he does not recollect how HC Surender had left the spot when he went with the rukka to the police station. Witness is unable to tell the time when he returned to the spot after registration of FIR. He has deposed that in his presence no crime team had come to the spot and has voluntarily explained that the photographs were taken by SI Mahavir from his mobile phone camera. He has denied that the scene of crime was fabricated and manipulated after which the photographs were taken only to create evidence for the case.
(120) The witness has further deposed that when Asif fired at the police party, there was no retaliatory fire and has voluntarily explained St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 124 that there was no need since they were soon overpowered. He has denied that there was no firing and the country made pistol was planted on Asif or that the accused Asif, Kailash, Sita Ram, Saleem and Wasim neither interrogated in his presence nor their disclosure statement were recorded in his presence. Witness has further denied that the disclosure statement so recorded by Inspector Gajender were fabricated by him of his own or that the accused Asif, Kailash, Sita Ram, Saleem and Wasim did not make any disclosure statement.
FINDINGS:
(121) I have heard the arguments advanced before me by the Ld. Addl. Public Prosecutor for the State and the Ld. Defence Counsels. I have also gone through the memorandum of arguments filed on behalf of the parties and the evidence on record. I first propose to deal with all the averments made by the various witnesses individually in a tabulated form as under and later on comprehensively.
Sr. Name of the Details of deposition
No. witness
Expert Evidence:
1. Dr. Narender He is the Veterinary posted at MCD Office, Rohini Zone
Dabas (PW8) and has proved the following aspects:
1. That on 14.05.2010 he was called by the police at Rohini South Police Station as some slaughtered animals had been recovered in a tempo i.e. TATA 407. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 125
2. That he reached the Rohini South Police Station where he found one TATA 407 parked.
3. That he had also called Dr. Neeraj Bhargava of Veterinary Hospital, Badli, GNCT Delhi as he is the person who had the powers to lift the samples.
4. That he inspected the vehicle and he found two slaughtered cows which he could make out and identify from the skin attached to the hooves of the slaughtered animals and after that he along with Dr. Bhargava lifted and collected the samples from the said animals which they put in plastic bags mixed with normal saline and handed over to the police.
5. That they had collected samples in two containers consisting of muscle with intact skin below right horn, piece of right shoulder muscle, frontal muscles with skin above the eyes, external abdominal muscle, internal thigh muscle, muscle with skin of fore legs and then he along with Dr. Bhargava directed the said exhibits to be sent to the FSL Rohini with the directions to inform about the species of the animals on the basis of the parts collected and inform the local police.
6. That the said directions to the concerned official FSL Rohini are Ex.PW8/A.
2. Dr. Neeraj He is also Veterinary posted at Veterinary Hospital Badli Bhargava (PW9) who has proved the following aspects:
1. That on 14.05.2010 he was called by the police at Rohini South Police Station as some slaughtered animals had been recovered in a tempo i.e. TATA 407.
2. That he reached Rohini South Police Station where he found one TATA 407 parked.
3. That he inspected the vehicle and he found two slaughtered cows which he could make out and identify from the skin attached to the hooves of the slaughtered animals.St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 126
4. That he along with Dr. Narender Dabas lifted and collected the samples from the said animals which they put in plastic bags mixed with normal saline and handed over to the police.
5. That they had collected samples in two containers consisting of muscle with intact skin below right horn, piece of right shoulder muscle, frontal muscles with skin above the eyes, external abdominal muscle, internal thigh muscle, muscle with skin of fore legs.
6. That he along with Dr. Narender Dabas directed the said exhibits to be sent to the FSL Rohini with the directions to inform about the species of the animals on the basis of the parts collected and inform the local police.
7. That the said directions to the concerned official FSL Rohini are Ex.PW8/A. FSL Experts:
3. Dr. N.P. He is the Ballistic Expert who has proved the following Waghmare (PW7) aspects:
1. That on 16.06.2010 two sealed parcels duly sealed with the seal of NS along with sample seal was received by the laboratory in connection with case FIR No. 94/10, Police Station Kanjhawala.
2. That the said parcels were marked to him for examination.
3. That the seals were found intact with the seals forwarded with forwarding letter.
4. That after opening one parcel found to contain one country made pistol of 8mm/.315 inch, marked as Ex.F1 and one 8mm/.315 inch cartridge marked as Ex.A1 by him in the laboratory.
5. That another parcel found to contain one country made pistol of 8mm/.315 inch marked as Ex.F2 and one 8mm/.315 inch cartridge marked as Ex.A2 and one empty cartridge case of 8mm/.315 inch marked as Ex.EC1 by him in the laboratory.St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 127
6. That on examination he opined that i. Exhibit F1 and F2 were firearms as defined in Arms Act. They were country made pistols, capable of loading and firing standard 8mm/. 315 inch caliber ammunition.
ii. Exhibit 8mm/.315 inch caliber cartridges marked A1 and A2 were loaded and successfully test fired through country made pistols marked exhibit F1 and F2 respectively. Hence, he opined that country made pistols marked exhibit F1 and F2 were in normal working order and exhibit A1 and A2 were live ammunition before they were test fired in the laboratory.
iii. The pertinent characteristic marks of country made pistol marked exhibit F2 present on the cartridge case marked exhibit EC1 were compared with those present, if any, on the test cartridge case fired through country made pistol marked exhibit F2 under a comparison microscope.
iv. That after thorough examination and comparison, firing pin and breech face marks present on exhibit EC1 were similar with firing pin and breech face marks present on test cartridge case and hence, it was opined that cartridge case marked exhibit EC1 had been fired through the country made pistol marked F2.
v. Cartridges marked A1 and A2 were ammunition as defined in Indian Arms Act.
7. That the detailed ballistic report in this regard is Ex.PW7/A.
8. That the exhibits/remnants of exhibits sent to laboratory for examination have been resealed with the seal of FSL NPW Delhi.
He has identified one country made pistol and one test fire cartridge as the same as examined by him as F1 and test fire cartridge A1 which country made pistol is Ex.P3 St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 128 and the test fire cartridge is Ex.P4. The witness has also identified one country made pistol F2 and one test fire cartridge A2 and one evidence cartridge case EC1 as the same as examined by him, which country made pistol is Ex.P1, the test fire cartridge is Ex.P2 and evidence cartridge case is Ex.P2A.
4. Ms. L. Babyto She is the Senior Scientific Officer (Biology) has proved Devi (PW23) the report proved by Ms. Seema Nain. She has proved the following aspects:
1. That on 30.6.2010 two sealed parcels were received in their office for examination which were marked to Ms. Seema Nain for examination who after examining the same gave the Biological Report which is Ex.PW23/A.
2. That according to the said report Blood was detected on Ex.1 (Lump of tissues described as 'Muscles with intact skin below right horn, piece of right leg, shoulder muscles, frontal muscle with skin above eyes') and Ex.2 (lump of tissues described as 'external abdominal muscle, internal tight muscle part, muscle with skin of foreleg').
3. That Ms. Seema Nain also examined the exhibits serologically and gave the report which is Ex.PW23/B according to which Species of Origin were found to be inconclusive on both the exhibits. Police/ official witnesses:
5. Retd. HC Vijay He is a formal witness being the MHCM who has proved Singh (PW1) entry in Register No. 19 vide Mud No. 1571, copy of which is Ex.PW1/A (running into four pages); Mud No. 1590, copy of which is Ex.PW1/B; entry in register No. 21 vide RC No. 39/21/10 dated 16.06.2010; copy of which is Ex.PW1/C; RC No. 48/21/10 dated 30.06.2010, copy of which is Ex.PW1/D and FSL receipt copy of which are Ex.PW1/E and Ex.PW1/F respectively.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 129
6. Ct. Satbir (PW2) He is a formal witness who has proved the entry in Register No. 21 vide RC No. 39/21/10 dated 16.06.2010, copy of which is Ex.PW1/C and FSL receipt copy of which is Ex.PW1/E.
7. Ct. Sanjay (PW3) He is a formal witness who has proved RC No. 48/21/10 dated 30.06.2010, copy of which is Ex.PW1/D and FSL receipt copy of which is Ex.PW1/F.
8. Ct. Ashok (PW4) He is a formal witness has proved the formal arrest memo of Sahabuddin which is Ex.PW4/A and pointing out memo of place of occurrence which is Ex.PW4/B.
9. Ct. Rakesh (PW5) He is a formal witness who has proved the formal arrest of accused Gulfam vide memo Ex.PW5/A, disclosure statement of accused Gulfam which is Ex.PW5/B and the pointing out memo which is Ex.PW5/C.
10. HC Ved Singh He is a formal witness being the Duty Officer who has (PW6) proved the DD No. 11A, dated 14.05.2010 copy of which is Ex.PW6/A, copy of FIR which is Ex.PW6/B and endorsement on rukka which is Ex.PW6/C.
11. Sh. Brij Raj He is an official witness who has proved that the vehicle Kishan (PW10) No. UP14M7786 i.e. Hero Puch (moped) has been registered in the name of Ramzan Khan, S/o Navi Khan, R/o 598, Ram Nagar, Ghaziabad. He has also proved that the certified copy of Particulars Slip in respect of the said vehicle retrieved from the computer is Ex.PW10/A and the receipt of Rs.10/ after which the certified copy was obtained by SHO Police Station Kanjhawala is Ex.PW10/B.
12. Ct. Jai Prakash This witness has proved the following aspects:
(PW11)
1. That on 14.05.2010 on the directions of the SHO he had gone to Ghazipur at about 4:30 PM along with meat pickup van bearing No. UP14M7786 for destroying the recovered meat.
2. That he reached SLC Ghazipur where the meat was weighed at the MCD weighing machine and was found to be 1210 Kgs.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 130
3. That he got the meat destroyed and the vehicle was brought back to the Police Station and the vehicle was handed over to the SHO.
13. Ct. Bijender Singh This witness has proved that on 14.05.2010 on the (PW12) directions of the Investigating Officer Inspector Gajender Singh he served letter to Dr. Narender Dabas, Sector 5 Rohini at MCD Office and upon Dr. Neeraj Bhargava at Veterinary Hospital Badli.
14. Ct. Sunil (PW13) This witness has proved the following aspects:
1. That on 16.02.2013 he along with SI Sudhir Rathi went to the Rohini Court where the accused Rizwan was produced in the Court.
2. That with the permission of the court, he was interrogated and thereafter arrested vide memo Ex.PW13/A.
3. That after interrogation the disclosure statement of the accused was recorded vide Ex.PW13/B.
4. That the accused was taken on one day Police Custody Remand during which the accused took them to Rani Khera and pointed out the place where the tempo was intercepted and from where he had escaped after which Investigating Officer prepared the pointing out memo which is Ex.PW13/C.
15. ASI Suresh Rana He was posted at Special Staff, Outer District and has (PW14) proved the following aspects:
1. That on 04.09.2012 at around 2 PM he received a secret information one Siraj who is original resident of UP and is involved in large number of cases of cow slaughter in Delhi would be coming in front of office of Delhi Jal Board, Sector 8 Rohini, Delhi at 3:00 PM.
2. That he shared this information with his seniors and they directed him to take appropriate action on the information.
3. That he along with HC Jagdish, HC Raj Kumar, HC Charanjeet, HC Narender and Ct. Bijender reached the office of the Delhi Jal Board at St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 131 around 2:30 PM.
4. That there he tried to join few public witnesses but they refused and went away.
5. That without wasting further time he directed the staff to take their positions.
6. That at around 3:00PM one person was found walking down from Kanjhawala side towards Lal Quarter Vijay Vihar.
7. That he was pointed out by secret informer on which they apprehended him.
8. That on interrogation the said person confirmed his name as Siraj S/o Riazuddin, R/o Kabuli Wala Gate, Mawana, Meerut, U.P.
9. That on interrogation the accused confirmed that he was involved in large number of cases of cow slaughter.
10. That he arrested the accused vide memo Ex.PW14/A, conducted his personal search vide memo Ex.PW14/B and then prepared the kalandara U/s 41.1 which is Ex.PW14/D.
11. That he gave information of his arrest to the wife of the accused and also informed the DO Police Station Kanjhawala about the arrest of accused Siraj.
16. HC Raj Kumar This witness has proved the following aspects:
(PW15) 1. That 04.09.2012 he was posted at Special Staff, Outer District and was present in his office.
2. That at around 2:00 PM ASI Suresh Rana called the staff including witness, HC Jagdish, HC Charanjeet, HC Narender and Ct. Bijender and informed them that he had received a secret information one Siraj who is original resident of UP and is involved in large number of cases of cow slaughter in Delhi would be coming in front of office of Delhi Jal Board, Sector 8 Rohini, Delhi after about 11 ½ hours.
3. That he along with HC Jagdish, HC Charanjeet, HC Narender and Ct. Bijender and ASI Suresh Rana started from their office and reached the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 132 office of the Delhi Jal Board after about 15 minutes.
4. That ASI Suresh Rana tried to join 23 public witnesses but they refused and went away.
5. That on his direction they took their positions in the area.
6. That at around 3:00PM one person was found walking down from Kanjhawala side towards Lal Quarter Vijay Vihar. He has further deposed that he was pointed out by secret informer on which they apprehended him.
7. That on interrogation the said person confirmed his name as Siraj, R/o Meerut, UP
8. That on interrogation the accused confirmed that he was involved in large number of cases of cow slaughter.
9. That the accused also disclosed that he is involved in a incident of Kanjhawala where his 56 associates including Yakub, Asif, Kailash, Rizwan, Sahabuddin, Gulfam etc had been apprehended whereas he managed to escape.
10. That ASI Suresh Rana arrested him vide memo Ex.PW14/A and conducted his personal search vide memo Ex.PW14/B.
11. That ASI Suresh Rana also recorded his disclosure statement vide memo Ex.PW14/C after which ASI Suresh Rana gave information to SSP Meerut regarding the arrest of Siraj and to the DO Police Station Kanjhawala about the arrest of accused Siraj.
12. That on 22.04.2013 he was present in the office of the Special Staff where a secret informer met him and informed that one person by the name of Puteya R/o Village Kishore, District Alwar, Rajasthan who is involved in large cases of cows slaughter and wanted in large number of cases in Delhi would be coming to Shamshan Ghat, Sector 8, Rohini, Vijay Vihar between 56 PM.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 133
13. That he immediately shared this information with Inspector Special Staff on which he was asked by Inspector Special Staff if Puteya was involved in any criminal case.
14. That on verification he came to know that he was a Proclaimed Offender in the present case.
15. That at about 4:45 PM he made DD entry in the Rojnamcha and on the directions of Incharge Special Staff he took HC Gulab, HC Neeraj Rana and reached at Shamshan Ghat Road, Sector 8, Rohini.
16. That he directed HC Neeraj Rana and HC Gulab to take their positions and thereafter he requested 34 passerbyes to join the investigations after sharing information with them but none of them agreed.
17. That at around 5:45 PM one tall person was found coming from Y block Mangolpuri towards the Shamshan Ghat and he was pointed out by secret informer who told that he was Puteya.
18. That on this all three of them apprehended him and on interrogation he confirmed his name as Rajesh @ Puteya S/o Dhariya, R/o village post office Kishore, Police Station Gazi, District Alwar, Rajasthan and on further interrogation he disclosed about his involvement in the present case.
19. That he arrested the accused vide memo Ex.PW15/A and recorded his disclosure statement vide Ex.PW15/B and then he prepared the Kalandara U/s 41.1 which is Ex.PW15/C.
17. HC Raj Kumar This witness has proved that 11.02.2013 he came to know (PW16) that the accused Rizwan S/o Mobin, R/o Meerut was in Judicial custody in other case relating to Police Station Crime Branch on which he applied for the production warrant of the accused Rizwan from the court of Sh. Susheel Anuj Tyagi which production of the accused Rizwan, S/o Mobin was directed by the court for 16.02.2013.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 134
18. HC Devender This witness has deposed on the following aspects:
Singh (PW17) 1. That on 01.07.2013 he was posted at Special Staff, Outer District.
2. That on that day he had received a secret information that one person by the name of Shahbuddin who was wanted accused in the present case and had been declared as Proclaimed Offender was present in Hapur and they should reach there at the by pass.
3. That he shared this information with the senior officers and on their directions he along with HC Gulab, Ct. Bijender and Ct. Karamveer went to Hapur by pass where they met a secret informer.
4. That the informer then disclosed to him that there was a cattle fare at tehsil Gulwathi and Shahbuddin was present there.
5. That they then went to Gulwathi cattle fare where one person was found present in the fare and pointed out by the secret informer, they apprehended the said person and interrogated him where he confirmed his name as Shahbuddin S/o Mohd. Rashid, R/o Aliganj, Rampur Road, Hapur.
6. That the accused had disclosed his involvement in the present case on which he arrested the accused vide memo Ex.PW17/A.
7. That the personal search of the accused was also conducted and thereafter they returned to their office at Sector1, Rohini and recorded the information of his arrest.
8. That he prepared Kalandara U/s 41.1(c) which is Ex.PW17/B.
9. That the information of his arrest was given to his brother in law/ jija on telephone and information was also given to Police Station Kanjhawala regarding the apprehension and arrest of PO accused Shahbuddin.
10. That the accused was then got medically examined and produced before the Ld. Illaka St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 135 Magistrate from where accused was sent to Judicial Custody.
11. That on the same day his statement was recorded in the present case by Investigating officer SI Sudhir Rathi.
19. HC Neeraj Rana This witness has proved the following aspects:
(PW18) 1. That on 09.04.2013 he was posted at Special Staff, Outer District and on that day he received secret information that one person belonging to the cow slaughtering gang who is PO in the present case and whose associates had already been arrested previously would be coming Railway station Mangolpuri.
2. That he shared this information with Inspector Special Staff and on the directions of the Inspector Special Staff he along with HC Devender, HC Surender, HC Gulab and the secret informer left the office at 4:20 PM vide DD No. 10 and reached near Mangolpuri Railway Station at about 4:45 PM.
3. That at around 5:30 PM one person was walking down Safal Dairy side towards Mangolpuri railway station and on the pointing out of secret informer they apprehended the said person.
4. That after interrogation he confirmed his name as Gulfam S/o Ismail, R/o Hapur Chungi, Meerut.
5. That during his further interrogation accused also confirm his involvement in the present case and that he had escaped from the spot while his associates were apprehended.
6. That on confirmation from Police Station Kanjhawala they came to know that he was a PO in the present case.
7. That he arrested the accused vide memo Ex.PW18/A, conducted his personal search vide memo Ex.PW18/B and also recorded his disclosure statement.
8. That he prepared the Kalandra U/s 41.1(c) which is Ex.PW18/C. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 136
9. That the information of arrest was given to the brother of the accused namely Chand on mobile phone and also to Police Station Kanjhawala vide DD NO. 61.
10. That the accused was taken to SGM hospital where his medical examination was done and then he was put in the lock of Police Station Mangolpuri.
11. That on the next day he was produced before the Ld. Illaka magistrate and he was remanded to Judicial Custody.
12. That on the next day Investigating officer recorded his statement in the present case and he was relieved.
20. HC Gulab Singh This witness has proved the following aspects:
(PW19) 1. That on 22.04.2013 he was present in the office of the Special Staff where a secret informer met HC Raj Kumar and informed that one person by the name of Puteya R/o village Kishore, District Alwar, Rajasthan who was involved in large cases of cow slaughter and wanted in large number of cases in Delhi would be coming to Lal Quarter near Gas agency Vijay Vihar around 5 PM.
2. That on this he along with HC Raj Kumar, HC Neeraj Rana and reached near Lal Quarter Gas agency at around 5:45 PM.
3. That at around 6 PM one person was found coming from Lal Quarter side on which the secret informer pointed out that he was Puteya.
4. That on this all three of them apprehended the said person and on interrogation he confirmed his name as Rajesh @ Puteya S/o Dhariya, R/o District Alwar, Rajasthan and on further interrogation the accused disclosed about his involvement in the present case.
5. That HC Raj Kumar arrested the accused vide memo Ex.PW15/A and after a detailed interrogation his disclosure statement was also recorded vide memo Ex.PW15/B and thereafter St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 137 they returned to their office.
6. That on 01.07.2013 on the directions of the senior officer a police party was constituted by HC Devender and he accompanied him along with Ct. Bijender and Ct. Karamveer to Hapur, main road near the bus stand where they met the secret informer.
7. That the informer then disclosed to them that there was a cattle fare at tehsil Gulwathi and the accused Shahbuddin who was wanted in the present case was attending and was present at cattle fare.
8. That they reached the cattle fare at Gulwathi from where one person from local police was joined.
9. That the secret informer pointed out towards one person and identified him as Shahbuddin on which they apprehended him and interrogated him where he confirmed his name as Shahbuddin, R/o Hapur, UP on which HC Devender arrested him vide memo Ex.PW17/A.
10. That the personal search of the accused was also conducted and thereafter they returned to their office at Sector 1, Rohini.
11. That the accused was then got medically examined and produced before the Ld. Illaka Magistrate from where he was sent to Judicial Custody.
12. That on the same day statement of accused was recorded by Investigating officer SI Sudhir Rathi in the present case.
21. SI Arun Lather This witness has deposed on the following aspects:
(PW20) 1. That on 22.04.2013 he received information vide DD No. 72 B which is Ex.PW20/A regarding apprehension and arrest of accused Rajesh @ Puteya who had been remanded to Judicial Custody.
2. That on 26.04.2013 he went to the office of special staff and recorded the statements of official witnesses who had arrested the accused Rajesh @ St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 138 Puteya and obtained the copy of the Kalandra which is Ex.PW15/C.
3. That on 03.05.2013 he moved an application for producing the accused in the court but the Ld. MM rejected his application and directed him to approach the superintendent jail on which he went to jail on 08.05.2013.
4. That pursuant to the order of the Ld. MM he formally arrested the accused Rajesh @ Puteya in the jail itself vide arrest memo Ex.PW20/B.
5. That on 09.05.2013 the accused was then produced in the court of the Ld. Illaka Magistrate.
6. That while the accused was being produced SI Mahavir who was the complainant in this case identified him as one of the person who had escaped from the spot.
7. That the accused was remanded to Judicial Custody in the present case.
22. SI Rajesh Kumar This witness has deposed on the following aspects:
(PW21) 1. That on 04.09.2012 he received DD No. 76B which is Ex.PW21/A that Siraj, the PO in this case had been apprehended by Special Staff.
2. That he collected the Kalandra and copies of other documents from ASI Suresh Rana.
3. That on 11.09.2012 he obtained the permission from Ld. Illaka Magistrate.
4. That on 12.09.2012 he went to Central Jail Tihar and formally arrested the accused Siraj vide memo Ex.PW21/B and recorded his disclosure statement which is Ex.PW21/C.
5. That he directed the jail staff to produce the accused Siraj before the Ld. Illaka Magistrate on the next day.
6. That on the next day i.e. on 13.09.2012 the accused Siraj was produced before the Ld. Illaka Magistrate and remanded to Judicial Custody. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 139
23. Inspector This witness has deposed on the following aspects:
Jasmohinder 1. That on 14.05.2010 he was posted as Sub (PW22) Inspector in Special Staff of Outer District.
2. That after the incident of cow slaughtering in Outer District, a special team comprising of officials of Special Staff, Outer District and Police Station Vijay Vihar was constituted to apprehend the criminals involved in the crime.
3. That on the same day all the members of the team were present in the Police Station Vijay Vihar during the night and at about 3:00 AM information was received by SI Mahavir Singh through the secret informer that criminals involved in such crime would be coming/passing through the area of outer district in a pickup van and the last digits of the van are 7786.
4. That it was also informed by the informer that there might be slaughtered cows in the van and the criminals might be carrying deadly weapons.
5. That this information was shared by SI Mahavir with Inspector Sudesh Kumar, SHO Police Station Vijay Vihar and other members of the team.
6. That all the team members had gone there by private vehicles.
7. That at about 44:15 AM the team was again briefed by SI Mahavir Singh on Rani Khera village road towards the road that leads to Mundka Phatak.
8. That after proper briefing the staff was deployed by SI Mahavir Singh.
9. That at about 4:45 AM a white color pickup van bearing No. UP14M7786 was seen coming from Mundka fatak side and proceedings towards Rani Khera village.
10. That on the pointing out of secret informer all the members of the team were put on alert by signaling that the criminals have arrived.
11. That as per the plan HC Surender Dhaiya and Ct. Pawan had already been directed to put big stones St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 140 in the middle of the road to force stop the vehicle.
12. That SHO Police Station Vijay Vihar was already waiting on the road in his official gypsy while they followed the pickup van on their vehicles, SHO Police Station Vijay Vihar tried to obstruct the pickup van by putting his official gypsy on the road but the driver of the pickup van again escaped by turning the vehicle on the other side and the persons sitting in the pickup van simultaneously started throwing stones on them.
13. That one stone hit the official gypsy of the SHO Police Station Vijay Vihar which resulting into smashing of the front glass/wind screen of the official gypsy.
14. That they some how managed to over take the pickup van and stopped the same after about 50 meters.
15. That one of the persons who was trying to escape fired at police party which hit the bonnet of the gypsy of the SHO Police Station Vijay Vihar.
16. That HC Rohtash and Ct. Sandeep overpowered the said person who had fired and managed to apprehend him and snatched the katta from his hand.
17. That in the meanwhile another accused who was running away also took out a katta and as soon as he was about to fire on the police officials following him he was apprehended by HC Surender Dahiya with the help of Ct. Hari Chand and Ct. Kuldeep.
18. That four other persons who were trying to escape were also apprehended by the other members of the police party whereas 56 persons managed to escape from the spot.
19. That the persons who were apprehended were then interrogated and their names were disclosed as Asif i.e. the person who had fired on the police party which fire had hit the bonnet.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 141
20. That the second person who was apprehended by HC Surender Dahiya and others with a katta in his hand when he was about to fire on the police party was Mohd. Salim, third was Yakub, fourth was Wasim, fifth was Sita Ram and one person was Kailash.
21. That two kattas recovered from the hands of assailants i.e. one was recovered from the hand of Asif and another was recovered from Salim were handed over to SI Mahavir Singh.
22. That the pickup was then inspected and it was found to contain three slaughtered and skinned cows and one plastic katta in open condition containing stones.
23. That SI Mahavir Singh prepared the rukka and send the same to the Police Station for registration of the case and also seized the various rods, knives and the kattas/country made pistols recovered at the spot.
The witness has correctly identified the accused Shahbuddin, Rizwan, Rajesh @ Puteya by pointing out towards them and not by names as the persons who had managed to escape from the spot. The witness has correctly identified the accused Wasim, Sita Ram, Kailash, Asif by name and also by pointing out towards them as the persons who were apprehended at the spot.
24. HC Surender This witness has deposed on the following aspects:
Dahiya (PW24) 1. That on 14.05.2010 he was posted at Operation Cell, Outer District and on the instructions of senior officers a team had already been constitution with the police official of operation cell and Police Station Vijay Vihar for preventing the slaughter of cows.
2. That at about 3.00 AM, SI Mahavir received a secret information that a gang involved in lifting and slaughtering of cows would come on Rani Khera Road.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 142
3. That this information was conveyed to senior officers and he along with SI Jasmohinder Singh, HC Rohtash, Ct. Pawan, Ct. Hari Chand, Ct.
Sandeep, Ct. Dhanraj, Ct. Ajeet and other staff of the Police Station left for the spot after making DD No.8A at about 3.15 AM in four separate vehicles.
4. That they reached at the place pointed out by the secret informer at about 3.45 AM and SI Mahavir directed him and Ct. Pawan to block the road by putting the heavy stones on the road and at about 4.45AM one pick up van bearing number UP 14 M 7786 came.
5. That they blocked the road by putting heavy stones on the road and the driver of the said vehicle tried to drive the vehicle by putting his van on Kaccha Road and they all staff started following the said vehicle with their vehicles.
6. That the Gypsy of SHO Police Station Vijay Vihar bearing No. 4854, also came from front side and the persons sitting the pick up van started pelting stones on the Gypsy of SHO but finding surrounded by the police officials from all side, the pick up van stopped and the person sitting in the pickup van started running away.
7. That in this process one person had fired while he was being stopped and his name was disclosed as Asif who was apprehended by HC Rohtash.
8. That the name of another boy was apprehended by him, Ct. Hari Chand and Ct. Kuldeep was disclosed as Salim and he was also having loaded desi katta.
9. That the remaining four accused persons were apprehended by other members of teams whose names were disclosed as Wasim, Yakoob, Sitaram and Kailash and the accused / driver of the pick up van namely Khalid, accused Rizwan, Gulfam and other three persons whose names he does not remember, succeeded in running away.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 143
10. That the aforesaid Pickup Van was checked and slaughtered cow was found (Gai kati pari thee) and on further checking they found four knives, three iron hooks, three sharp pointed rods and a bag full of stones in the aforesaid Pickup Van and SI Mahavir prepared the sketch of both the desi kattas.
11. That the sketch of the katta as recovered from the accused Salim is Ex.PW24/A and the sketch of the katta as recovered from Asif was also prepared vide Ex.PW24/B.
12. That the aforesaid kattas were converted into two parcels sealed with the seal of MS and the aforesaid parcels were taken into possession and the parcel containing katta as recovered from accused Salim was taken into possession vide seizure memo Ex.PW24/C.
13. That the parcel containing katta as recovered from accused Asif was taken into possession vide seizure memo Ex.PW24/D.
14. That the Investigating officer SI Mahavir prepared the rukka and handed over the same to him and he took the same to the Police Station and got the case registered and came back to the spot with a copy of the FIR and original rukka and handed over the same to Investigating Officer. The witness has correctly identified accused Sitaram and Wasim both by name and by pointing out. He has also identified accused Rizwan, Asif and Kailash by pointing out towards them and also identified the accused Rajesh @ Putiya and Gulfam as the persons who had escaped from the spot.
25. Ct. Kuldeep This witness has joined investigations with Inspector (PW25) Gajender Singh and has proved the following aspects:
1. That on 02.06.2010 he had joined the investigations along with SHO Inspector Gajender Singh and Ct. Narender.
2. That they all had gone to Chanakya Place and SHO had received some secret information St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 144 regarding the presence of Bholu in a shop and there at Chanakya Place he accompanied the SHO to a shop from accused Bholu whom the witness has correctly identified in the Court, was apprehended.
3. That he was then arrested vide memo Ex.PW25/A and his personal search memo was prepared vide memo Ex.PW25/B and his disclosure statement was also recorded vide Ex.PW25/C.
4. That in his personal search a mobile phone and Rs.6,550/ were recovered and they then returned to the Police Station where his statement was recorded and he was relived.
26. HC Hari Chand This witness has deposed on the following aspects:
(PW26) 1. That on 14.05.2010 he was posted at Special Staff, Outer District and on that day he joined the investigations along with SI Jasmohinder Singh, SI Mahavir Singh and HC Surender.
2. That on the instructions of senior officers a combine team had already been constituted with the local police and police official of operation cell for preventing the slaughter of cows.
3. That at about 3.00 AM SI Mahavir received a secret information that some persons involved in slaughtering of cows will come on Ranikhera Road.
4. That this information was conveyed to the senior officers after which he along with SI Jasmohinder Singh, HC Rohtash, Ct. Pawan, HC Surender, Ct. Sandeep, Ct. Dhanraj, Ct. Ajeet and other staff of the Police Station left for the spot after making DD No.8A at about 3.15AM in separate vehicles.
5. That they reached at the place pointed out by the secret informer at about 3.45AM and there they were briefed by SI Mahavir Singh who directed HC Surender Dahiya and Ct. Pawan to block the road by putting the heavy stones on the road.
6. That at about 4.45AM one pick up van bearing number UP 14 M 7786 came from Mundka side St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 145 and they had blocked the road by putting heavy stones on the road.
7. That the driver of the said vehicle turned the vehicle towards the Rani Khera Road and they all staff started following the said vehicle with their vehicles and the Gypsy of SHO Police Station Vijay Vihar bearing no. 4854 also came from front side and blocked the way on which the persons sitting the pick up van finding themselves cornered started pelting stones on the Gypsy of SHO and the other officers following them in the vehicles.
8. That the persons sitting in the pick up van finding themselves surrounded by the police officials from all side, stopped the pick up van and started running away in different directions.
9. That in this process one person had fired while he was being stopped which fire hit the Bonnet of the official gypsy of the SHO.
10. That the said person also threw stones on the official gypsy and broke the windshield and the same boy who had earlier fired was chased and apprehended by HC Rohtash and Ct. Sandeep and his name was later on disclosed as Asif.
11. That another boy was about to fire when he along with HC Surender apprehended him and his name was later on disclosed as Salim and he was having loaded desi katta containing one cartridge.
12. That four more boys were apprehended by other members of teams whose names were then disclosed as Wasim, Sitaram, Kailash and Yakoob.
13. That about fivesix persons had run away which included the driver of the vehicle/ pickup van whose name was later on revealed in the investigations as Khalid.
14. That he can identify the other boys who had run away because he had seen them while running away but he cannot tell their names.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 146
15. That the aforesaid pick up van was checked and three slaughtered cows were found (Teen kati hui Gai pari thee).
16. That on further checking of the cabin of the pick up van they found four knives, three iron hooks, three sharp pointed/ spiked rods and one katta full of stones near the driver seat and SI Mahavir prepared the sketch of both the desi kattas/cartridges, butcher's knives.
17. That the sketch of the katta as recovered from the accused Salim is Ex.PW24/A and the aforesaid kattas were converted into two pullandas sealed with the seal of MS and the aforesaid parcels were taken into possession.
18. That the parcel containing katta as recovered from accused Salim was taken into possession vide seizure memo Ex.PW24/C.
19. That the Investigating officer SI Mahavir prepared the rukka and handed over the same to HC Surender with the directions to take the same to the Police Station for getting the case registered while he along with the other staff remained at the spot along with the accused persons apprehended by them.
20. That after the registration of the case HC Surender came back to the spot along with the copy of the FIR and original rukka and handed over the same to Inspector Gajender Singh and they then took the accused to the hospital, got them medically examined and returned to the Police Station where accused were put in the lock up.
The witness has correctly identified accused Asif, Wasim, Kailash, Sitaram by name and by pointing out towards them. Witness has also identified accused Rajesh and Gulfam who had escaped from the spot though he is unable to give their names.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 147
27. HC Rakesh This witness has deposed on the following aspects:
Kumar (PW27) 1. That on 14.05.2010 he was posted at Operation Cell, Outer District, Delhi and on that day he joined the investigations along with SI Jasmohinder Singh, SI Mahavir Singh, HC Rohtash, HC Surender, Ct. Dhanraj, Ct. Subhash, Ct. Ajeet, Ct. Kuldeep, Ct. Sandeep.
2. That on the instructions of senior officers, a combine team had already been constituted as aforesaid with the local police and police official of operation cell for preventing the slaughter of cows.
3. That at about 3.00 AM SI Mahavir received a secret information that some persons involved in slaughtering of cows would come on Ranikhera Road and this information was conveyed to the senior officers.
4. That he along with SI Jasmohinder Singh, HC Rohtash, Ct. Pawan, HC Surender, Ct. Sandeep, Ct. Dhanraj, Ct. Ajeet and other staff of the Police Station left for the spot after making DD No.8A at about 3.15AM in three separate vehicles.
5. That they reached at the place pointed out by the secret informer at about 3.45AM where they were told by the informer that a pickup van would come and there they were briefed by SI Mahavir Singh who directed HC Rohtash and Ct. Sandeep that in case the pick up does not stop, they should block the road by putting heavy stones.
6. That they then took their positions and SHO Police Station Vijay Vihar also joined them and parked his official vehicle on the Ranikhera road.
7. That at about 4.45 AM one pick up van bearing number UP 14 M 7786 of white color came from Mundka Phatak side and the staff was indicated the said vehicle to stop but it did not stop.
8. That HC Rohtash and Ct. Sandeep then blocked the road by putting heavy stones on the road but the driver did not stop and turned the vehicle St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 148 towards the Rani Khera Road and they all staff started following the said vehicle with their vehicles.
9. That the Gypsy of SHO Police Station Vijay Vihar bearing no. 4854 also came from front side with his staff and blocked the way on which the persons sitting the pick up van finding themselves cornered started pelting stones on the Gypsy of the SHO and the other officers following them in the vehicles.
10. That the persons sitting in the pick up van finding themselves surrounded by the police officials from all side, the pick up van stopped and the person sitting in the pickup van started running in different directions.
11. That in this process one person had fired while he was being stopped which fire hit the Bonnet of the official gypsy of the SHO and he also threw stones on the official gypsy and broke the windshield.
12. That the same boy who had earlier fired was chased and apprehended by HC Rohtash and Ct.
Sandeep and his name was later on disclosed as Asif and another boy was about to fire and HC Hari Chand along with HC Surender and Ct.
Ajeet apprehended him.
13. That his name was later on disclosed as Salim and he was having a loaded desi katta containing one cartridge.
14. That they chased the accused who were running away and Ct. Subhash had apprehended one boy whose name later on disclosed as Sitaram, Ct.
Dhanraj apprehended one boy whose name later on disclosed as Kailash and he apprehended one boy after a chase whose name was later on disclosed as Wasim.
15. That one other boy Yakoob (deceased) was also apprehended by the police party.
16. That about 56 persons had run away which included the driver of the vehicle/pick up van St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 149 whose name later on revealed in the investigations as Khalid and the names of the other boys who had run away were disclosed during the investigations as Rizwan, Siraj, Shahbuddin and Gulfam and one more person whose name he does not recollect.
17. That he can identify the other boys who had run away because he had seen them while running away.
18. That the aforesaid pick up van was checked and the meat of 67 slaughtered cows were found (kati hui Gai pari thee).
19. That on further checking of the cabin of the pick up van they found four knives, three iron hooks, three sharp pointed/ spiked rods and one katta full of stones near the driver seat.
20. That SI Mahavir prepared the sketch of both the desi kattas/cartridges, butcher's knives and the sketch of the katta as recovered from the accused Salim is Ex.PW24/A.
21. That the aforesaid kattas were converted into two pullandas and the aforesaid parcels were taken into possession.
22. That the parcel containing katta as recovered from accused Salim was taken into possession vide seizure memo Ex.PW24/C.
23. That Investigating Officer SI Mahavir prepared the rukka and handed over the same to HC Surender with directions to take the same to the Police Station for getting the case registered while he along with the other staff remained at the spot along with the accused persons apprehended by them.
24. That after the registration of the case HC Surender came back to the spot along with the copy of the FIR and original rukka and handed over the same to Inspector Gajender Singh.
25. That they then took the accused to the hospital, got them medically examined and returned to the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 150 Police Station where the accused were put in the lock up and his statement was recorded.
The witness has correctly identified accused Asif, Wasim, Kailash, Sitaram by name and by pointing out towards them. He has also identified accused Rajesh and accused Gulfam as the persons who had escaped from the spot.
28. HC Rohtash This witness has deposed on the following aspects:
(PW28) 1. That on 14.05.2010 he was posted at Operation Cell, Special staff, Outer district, Delhi.
2. That on that day he joined the investigations along with SI Jasmohinder Singh, SI Mahavir Singh, HC Surender, Ct. Hari Chand, Ct.
Dhanraj, Ct. Subhash, Ct. Ajeet, Ct. Kuldeep, Ct. Sandeep and others whose name he does not recollect.
3. That on the instructions of senior officers a combine team had already been constituted as aforesaid with the local police and police official of operation cell for preventing the slaughter of cows.
4. That at about 3.00 AM SI Mahavir received a secret information that some persons involved in slaughtering of cows would come on Ranikhera Road.
5. That this information was conveyed to senior officers and he along with SI Jasmohinder Singh, SI Mahavir, HC Rakesh, HC Hari Chand, Ct.
Pawan, HC Surender, Ct. Kuldeep, Ct. Subhash, Ct. Sandeep, Ct. Dhanraj, Ct. Ajeet and other staff of the Police Station.
6. That the secret informer left for the spot after making DD No. 8A at about 3.15 AM in three separate vehicles.
7. That there they were briefed and they took positions.
8. That they reached at the place pointed out by the secret informer at about 3.45 AM where they were told by the informer that a pickup van would St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 151 come.
9. That they were briefed by SI Mahavir Singh who directed him and Ct. Sandeep that in case the pickup van does not stop, they should block the road by putting heavy stones.
10. That at about 4.45 AM one pick up van bearing number UP 14 M 7786 of white color came from Mundka Phatak side.
11. That the staff was indicated by SI Mahavir the said vehicle to stop but it did not stop.
12. That he along with Ct. Sandeep then blocked the road by putting heavy stones on the road but the driver did not stop and turned the vehicle towards the kaccha rasta on Rani Khera road.
13. That the entire staff started following the said vehicle with their vehicles and the Gypsy of SHO Police Station Vijay Vihar bearing no. 4854 also came from front side with his staff and blocked the way on which the persons sitting the pick up van finding themselves cornered started pelting stones on the Gypsy of SHO and the other officers following them in the vehicles.
14. That the persons sitting in the pick up van finding themselves surrounded by the police officials from all side, stopped the van and started running away in different directions.
15. That in this process one person also fired while he was being stopped which fire hit the Bonnet of the official gypsy of the SHO.
16. That he also threw stones on the official gypsy and broke the windshield.
17. That on the same boy who had earlier fired was chased and apprehended by him and Ct. Sandeep and his name was later on disclosed as Asif.
18. That another boy was about to fire and HC Hari Chand along with HC Surender apprehended him and his name was later on disclosed as Salim.
19. That he was having loaded desi katta containing one cartridge and they chased the accused who St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 152 were running away and Ct. Subhash had apprehended one boy whose name later on disclosed as Sitaram, Ct. Dhanraj apprehended one boy whose name later on disclosed as Kailash and HC Rakesh apprehended one boy after a chase whose name was later on disclosed as Wasim.
20. That one other boy Yakoob (deceased) was also apprehended by Ct. Pawan.
21. That xix persons had run away which included the driver of the vehicle/ pick up van whose names were later on disclosed as Rizwan, Gulfam, Rajesh @ Putiya and others whose name he does not recollect.
22. That he can identify the other boys who had run away because he had seen them while running away.
23. That the aforesaid pick up van was checked and the meat of three slaughtered cows were found (Teen kati hui Gai pari thee) and on further checking of the cabin of the pick up van they found four knives, three iron hooks, three sharp pointed/ spiked rods and one katta full of stones near the driver seat.
24. That SI Mahavir prepared the sketch of both the desi kattas/cartridges, butcher's knives and the sketch of the katta as recovered from the accused Asif is Ex.PW24/B.
25. That the aforesaid kattas were converted into two pullandas and the aforesaid parcels were taken into possession.
26. That the parcel containing katta as recovered from accused Asif was taken into possession vide seizure memo Ex.PW24/D.
27. That the Investigating Officer SI Mahavir prepared the rukka and handed over the same to HC Surender with the directions to take the same to the Police Station for getting the case registered while he along with the other staff remained at the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 153 spot along with the accused persons apprehended by them.
28. That after the registration of the case HC Surender came back to the spot along with the copy of the FIR and original rukka and handed over the same to Inspector Gajender Singh who prepared the site plan at the instance of SI Mahavir.
29. That he then put the FIR number on the various memos already prepared by SI Mahavir and then took the accused to the hospital, got them medically examined and returned to the Police Station where the accused were put in the lock up after which his statement was recorded.
The witness has correctly identified accused Asif, Wasim, Kailash, Sitaram by name and by pointing out towards them as apprehended from the spot and also the accused Shahbuddin by pointing out towards him as one of the person who had escaped from the spot. Witness has also identified the accused Rajesh who had escaped from the spot.
29. Ct. Subhash This witness has deposed on the following aspects:
(PW29) 1. That on 14.05.2010 he joined the investigations along with SI Jasmohinder Singh, SI Mahavir Singh, HC Surender, HC Rohtash, HC Rakesh, Ct.
Pawan, Ct. Hari Chand, Ct. Dhanraj, Ct.
Kuldeep, Ct. Sandeep and others.
2. That on the instructions of the senior officers a combine team had already been constituted as aforesaid along with the local police and police official of Operation Cell for preventing the slaughter of cows.
3. That at about 3.00 AM SI Mahavir received a secret information that some persons involved in slaughtering of cows will come on Ranikhera Road and this information was conveyed to senior officers.
4. That he along with SI Jasmohinder Singh, SI Mahavir, HC Rakesh, HC Hari Chand, Ct.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 154 Pawan, HC Surender, Ct. Kuldeep, Ct. Sandeep, Ct. Dhanraj, Ct. Ajeet and other staff of the Police Station and the secret informer left for the spot after making DD No.8A at about 3.15 AM in three separate vehicles.
5. That the SHO Police Station Vijay Vihar had also joined in his official vehicle.
6. That they were briefed after which they took positions and then they reached at the place pointed out by the secret informer at about 3.45 AM where they were told by the informer that a pickup van would come.
7. That SI Mahavir Singh who directed HC Surender and Ct. Pawan that in case the pick up does not stop, they should block the road by putting heavy stones.
8. That at about 4.45 AM one pick up van bearing number UP 14 M 7786 of white color came from Mundka phatak side.
9. That the staff was indicated by SI Mahavir the said vehicle to stop but it did not stop. He has further deposed that HC Surender and Ct. Pawan then blocked the road by putting heavy stones on the road but the driver did not stop and turned the vehicle towards the kacha rasta on Rani Khera road.
10. That they all started following the said vehicle with their vehicles.
11. That the Gypsy of SHO Police Station Vijay Vihar bearing no. 4854 also came from front side with his staff and blocked the way on which the persons sitting the pickup van finding themselves cornered started pelting stones on the Gypsy of SHO and the other officers following them in the vehicles.
12. That the persons sitting in the pick up van finding themselves surrounded by the police officials from all side, stopped the van and started running away in different directions.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 155
13. That in this process one person had fired while he was being stopped which hit the Bonnet of the official gypsy of the SHO.
14. That the said person also threw stones on the official gypsy and broke the windshield.
15. That the same boy who had earlier fired was chased and apprehended by HC Surender and Ct.
Pawan and his name was later on disclosed as Salim.
16. That he had apprehended one boy whose name later on disclosed as Sitaram and HC Rakesh apprehended one boy after a chase whose name was later on disclosed as Wasim.
17. That one other boy Yakoob (deceased) was also apprehended by Ct. Pawan.
18. That six persons had run away which included the driver of the vehicle/pick up van.
19. That the aforesaid pick up van was checked and the meat of three slaughtered cows were found (Teen kati hui Gai pari thee).
20. That on further checking of the cabin of the pick up van they found four knives, three iron hooks, three sharp pointed/ spiked rods and one katta full of stones near the driver's seat.
21. That SI Mahavir prepared the sketch of both the desi kattas/cartridges, butcher's knives, after which the aforesaid kattas were converted into two pullandas and then the aforesaid parcels were taken into possession.
22. That the Investigating officer prepared some documents, after which Investigating officer SI Mahavir prepared the rukka and handed over the same to HC Surender with directions to take the same to the Police Station for getting the case registered while he along with the other staff remained at the spot along with the accused persons apprehended by them.
23. That after the registration of the case HC Surender came back to the spot along with the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 156 copy of the FIR and original rukka.
24. That they then took the accused to the hospital, got them medically examined and returned to the Police Station where accused were put in the lock up.
The witness has correctly identified the accused Sitaram as the same person who was apprehended by him and not the other accused persons. He has correctly identified the accused Wasim by pointing out towards him and by name as the same which was apprehended by HC Rakesh. He has identified accused Rajesh @ Putiya as the person who was escaped from the spot but the witness is unable to identify the accused Gulfam. The witness has also identified the accused Asif by pointed out towards him and also by name and states that he was the person who fired on the police gypsy.
30. Ct. Dhanraj This witness has deposed on the following aspects:
(PW30) 1. That on 14.05.2010 he was posted at Police Station Vijay Vihar and on that day he had joined the investigations along with SI Jasmohinder Singh, SI Mahavir Singh, HC Surender, HC Rohtash, HC Rakesh Ct. Pawan, Ct. Hari Chand, Ct. Subhash, Ct. Ajeet, Ct. Kuldeep, Ct. Sandeep.
2. That on the instructions of senior officers a combine team had been constituted with the local police and police official of operation cell for preventing the slaughter of cows.
3. That at about 3.00 AM SI Mahavir received a secret information that some persons involved in slaughtering of cows could come on Ranikhera Road and this information was conveyed to senior officers.
4. That he along with SI Jasmohinder Singh, SI Mahavir, HC Surender, HC Rakesh, HC Hari Chand, HC Rohtash, Ct. Pawan, HC Surender, Ct. Kuldeep, Ct. Subhash, Ct. Sandeep, Ct. Ajeet and other staff of the Police Station and the secret informer left for the spot after making DD No.8A at about 3.15 AM in three separate vehicles.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 157
5. That they were briefed and they took positions between Mundka Railway Station and Rani Khera Village and they reached at the place pointed out by the secret informer at about 3:45 AM where they were told by the informer that a pickup van would come and there they were briefed by SI Mahavir Singh who directed HC Surender and Ct. Pawan that in case the pick up does not stop, they should block the road by putting heavy stones.
6. That at about 4.45 AM one Pickup Van bearing number UP 14 M 7786 of white color came from Mundka Phatak side and the vehicle was indicated by the staff to stop but it did not stop.
7. That HC Surender along with Ct. Pawn then blocked the road by putting heavy stones on the road but the driver did not stop and turned the vehicle towards the kacha rasta on Rani Khera road and they all staff started following the said vehicle with their vehicles.
8. That the Gypsy of SHO Police Station Vijay Vihar bearing no. DL1CJ4854 also came from front side with his staff and blocked the way on which the persons sitting the pick up van finding themselves cornered started pelting stones on the Gypsy of SHO and the other officers following them in the vehicles.
9. That the persons sitting in the pick up van finding themselves surrounded by the police officials from all side, stopped the pickup van and started running away in different directions.
10. That in this process one person had fired while he was being stopped which hit the bonnet of the official gypsy of the SHO and they also threw stones on the official gypsy and broke the windshield.
11. That the same boy who had earlier fired was chased and apprehended by HC Rohtash and Ct.
Sandeep and his name was later on disclosed as Asif.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 158
12. That another boy had taken out a katta and was about to fire when Ct. Hari Chand, Ct. Kuldeep along with HC Surender apprehended him and his name was later on disclosed as Salim.
13. That he was having a loaded desi katta containing one cartridge and they chased the accused who were running away and Ct. Subhash had apprehended one boy whose name later on disclosed as Sitaram, he apprehended one boy whose name later on disclosed as Kailash and HC Rakesh apprehended one boy after a chase whose name was later on disclosed as Wasim.
14. That one other boy Yakoob (deceased) was also apprehended by Ct. Pawan and 56 persons had run away which included the driver of the vehicle/pick up van whose names were later on disclosed during interrogation as Shahubddin, Siraj, Rajesh @ Putiya, Gulfam and one driver Khalid and one other person whose name he does not recollect.
15. That he can identify the other boys who had run away because he had seen them while running away.
16. That the aforesaid pick up van was checked and the meat of three slaughtered cows were found (Teen kati hui Gai pari thee) and on further checking of the cabin of the pick up van they found four knives, three iron hooks, three sharp pointed/ spiked rods kept near the driver seat and one katta full of stones kept on the back side of the van.
17. That SI Mahavir prepared the sketch of both the desi kattas /cartridges, butcher's knives and the aforesaid kattas were converted into two pullandas and the aforesaid parcels were taken into possession.
18. Witness has further deposed that Investigating officer SI Mahavir prepared the rukka and handed over the same to HC Surender with St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 159 directions to take the same to the Police Station Kanjhawala for getting the case registered while he along with the other staff remained at the spot along with the accused persons apprehended by them.
19. That after the registration of the case Inspector Gajender Singh came to the spot along with SI Parveen and he took into possessions all the items which has been seized along with the documents and they then took the accused to the hospital, got them medically examined and returned to the Police Station where accused were put in the lock up and his statement was recorded.
The witness has correctly identified the accused Asif, Wasim, Kailash, Sitaram by name and by pointing out towards them as apprehended from the spot and also the accused Shahbuddin by pointing out and also by name as the person who had escaped from the spot. Witness has also identified accused Rizwan, Rajesh and Gulfam as the persons who had run away from the spot.
31. Ct. Pawan Kumar This witness has proved the following aspects:
(PW31) 1. That on 14.05.2010 he was posted at Operation Cell, Outer District and on that day on the instructions of senior officers a team was formed with the officials of Operation Cell and Police Station Vijay Vihar to prevent the slaughtering of cows.
2. That at about 3:00 AM SI Mahavir received a secret information regarding slaughtering of cows which information was recorded vide DD No. 8A.
3. That he all along with secret informer left at about 3:15 AM and reached at Rani Khera Road at around 3:45 AM where all the members of raiding party were briefed by SI Mahavir Singh and they took the positions.
4. That SI Mahavir also informed about the pickup van in which the slaughtered cows may be present and at about 4:45 AM one pick up van came from the side of Mundka Fatak.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 160
5. That during this period SHO Police Station Vijay Vihar also came there and tried to stop the van.
6. That he along with HC Surender had blocked the road by keeping the stones on the road and tried to stop the driver of the pickup van but he did not stop and the pickup van was chased by all of them and the SHO Vijay Vihar came from the front side and blocked the road.
7. That on finding himself surrounded by the police party the van stopped and the persons sitting in the pickup van started pelting stones on the police party and one of them also fired towards the police party from the katta which hit the bonnet of gypsy of SHO of Police Station Vijay Vihar.
8. That the person who were pelting stones started running away and the person who had fired was apprehended by Ct. Sandeep and HC Rohtash.
9. That the name of said person was known as Asif and another boy also tried to fire but was apprehended by Ct. Hari Chand, Ct. Kuldeep and HC Surender along with Katta whose name was known as Saleem.
10. That he (witness) along with Ct. Ajeet and Ct. Pawan apprehended the accused Yakub and HC Rakesh apprehended the accused Wasim; Ct.
Dhanraj apprehended the accused Kailash and Ct. Subhash apprehended the accused Sita Ram whereas other six persons succeeded in running from the spot whose name were later on disclosed by the apprehended accused persons as Rajesh @ Putiya, Shahbuddin, Gulfam, driver Khalid but he does not remember the names of other persons.
11. That he can identify those persons also who ran away from the spot if shown to him.
12. That on inspection of the pickup van bearing No. UP14M7786 they found slaughtered cow and one bag which was found contained the stones.
13. That four knives, sharp pointed rod and three iron hooks were also lying in the pickup van.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 161
14. That the Investigating Officer took the said articles and the pickup van into possession and prepared the documents.
15. That his statement was recorded by the Investigating Officer after which he was relieved. The witness has correctly identified the accused Rizwan, Rajesh, Sitaram and Shahbuddin by pointing out towards them and also identified the accused Asif, Kailash and Wasim by name and by pointing out towards them.
32. SI Praveen Attri This witness has deposed on the following aspects:
(PW32) 1. That on 14.05.2010 on receipt of the information he alongwith other staff of the police reached at Rani Khera Road where the police officials of Special Staff and Police Station Vijay Vihar had already stopped one pick up van bearing no. UP 14 M 7786 and six persons had been caught by them.
2. That there were three slaughtered cows in the said van and on interrogation from the accused persons, the Investigating Officer came to know that some other slaughtered cows may be recovered from the godown of one Bholu in Uttam Nagar.
3. That he alongwith Inspector Gajender Singh and two constables whose name he does not recollect, along with the accused Asif reached at Uttam Nagar in the godown of accused Bholu where accused Bholu was not present and appeared to have run away having become aware of the information regarding their arrival.
4. That the shutter of the godown was found opened and three slaughtered cows were also found in the said godown which were then taken into possession by Inspector Gajender Singh and seized thereafter vide memo Ex.PW32/A.
5. That the aforesaid body parts/ slaughtered cows were brought to the spot i.e. Rani Khera Road from where Inspector Gajender Singh collected St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 162 the body parts of the cows/ cattle, kept the same in the pick up vans and then returned to the Police Station because the situation at Rani Khera Road was going out of control as a large number of persons had collected.
6. That the body parts of the cows/ cattle taken from the pick up van were seized in the Police Station vide seizure memo Ex.PW32/B.
7. That the Investigating Officer took the photographs of the body parts of the cows from his camera.
8. That three knives, three screw driver type rods, three iron hook and stones lying in the plastic bag were converted into parcel and sealed with the seal of GK and the plastic bag containing stones/ bricks was taken into possession vide memo Ex.PW32/C.
9. That the parcel containing three iron hooks was taken into possession vide seizure memo Ex.PW32/D and the pick up van bearing no. UP 14 M 7786 was taken into possession vide memo Ex.PW32/E.
10. That the parcel containing screw driver type iron rods and knives was taken into possession vide seizure memo Ex.PW32/F and the seizure memo Ex.PW32/B regarding body parts of the cows taken from the pick up van was prepared in the Police Station.
11. That all the six accused persons were thoroughly interrogated and their names were disclosed as Asif, Wasim, Salim, Sitaram, Kailash and Yakoob who were then arrested in this case.
12. That the accused Salim was arrested in this case vide memo Ex.PW32/G1, his personal search was conducted vide memo Ex.PW32/G2 and his disclosure statement was also recorded vide Ex.PW32/G3.
13. That the accused Yakub (now deceased) was arrested in this case vide memo Ex.PW32/H1, St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 163 his personal search was conducted vide memo Ex.PW32/H2 and his disclosure statement was also recorded vide Ex.PW32/H3.
14. That accused Wasim was arrested in this case vide memo Ex.PW32/I1, his personal search was conducted vide memo Ex.PW32/I2 and his disclosure statement was also recorded vide Ex.PW32/I3.
15. That the accused Sita Ram was arrested in this case vide memo Ex.PW32/J1, his personal search was conducted vide memo Ex.PW32/J2 and his disclosure statement was also recorded vide Ex.PW32/J3.
16. That the accused Kailash was arrested in this case vide memo Ex.PW32/K1, his personal search was conducted vide memo Ex.PW32/K2 and his disclosure statement was also recorded vide Ex.PW32/K3.
17. That the accused Asif was arrested in this case vide memo Ex.PW32/L1, his personal search was conducted vide memo Ex.PW32/L2 and his disclosure statement was also recorded vide Ex.PW32/L3.
18. That on 17.05.2010 he again joined the investigation of this case with the Investigating Officer Inspector Gajender Kumar and on that day the aforesaid accused persons were on Police Remand.
19. That the accused were again interrogated and they made their supplementary disclosure statements.
20. That the supplementary disclosure statement of accused Salim which is Ex.PW32/G4, disclosure statement of accused Yakoob (now deceased) which is Ex.PW32/H4, disclosure statement of accused Wasim which is Ex.PW32/I4, disclosure statement of accused Sita Ram which is Ex.PW32/J4, disclosure statement of accused Kailash which is Ex.PW32/K4, disclosure St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 164 statement of accused Asif which is Ex.PW32/L4.
21. That in their supplementary disclosure statements all the accused persons had disclosed that they alongwith other accused persons had slaughtered a cow in the open place near a school in Sector 19, Dwarka in the month of February 2010.
22. That all the aforesaid accused persons had pointed out the place where they had slaughtered one cow in the month of February 2010.
The witness has correctly identified the accused Kailash, Wasim, Sita Ram and Asif in the Court.
33. Inspector This witness has deposed on the following aspects:
Gajender Singh 1. That on 14.05.2010 he alongwith SI Praveen Attri, (PW33) Ct. Jai Prakash Ct. Bijender, Ct. Satya Narayan and other police staff was present in the investigation of this case.
2. That on the receipt of information he alongwith other staff of the police reached at Rani Khera Road where he found that the police officials of Special Staff and Police Station Vijay Vihar had stopped one pick up van bearing no. UP 14 M 7786 and six persons had already been caught hold by them and there were three slaughtered cows in the said Van.
3. That on interrogation from the accused persons he came to know that some other slaughtered cows may be recovered from the godown of Bholu in Uttam Nagar and SI Mahavir handed over to him the sealed parcel containing desi katta, live cartridge as recovered from accused Salim and desi katta, empty cartridge and live cartridge as recovered from accused Asif.
4. That he also handed over the seizure memos of aforesaid Kattas and cartridges which is Ex.PW24/C and Ex.PW24/D.
5. That he also collected the sketches of aforesaid Katta and cartridges from SI Mahavir after which he alongwith SI Praveen, Ct. Saya Narayan and St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 165 the accused Asif reached at a godown in Uttam Nagar which was of accused Bholu where accused Bholu was not found there.
6. That they observed that the accused Bholu appeared to have had escaped from the godown whereas three slaughtered cows were found in the said godown which were taken into possession vide memo Ex.PW32/A.
7. That the aforesaid body parts/ slaughtered cows were brought to the spot i.e. Rani Khera Road from where he collected the body parts of the slaughtered cows/ cattle, kept in the pick up van.
8. That he then returned to the Police Station because the situation at Rani Khera Road was going out of control as a large number of persons had collected.
9. That the body parts of the cows/ cattle were taken from the pick up van were seized in the Police Station vide seizure memo Ex.PW32/B.
10. That he took the photographs of the body parts of the cows from his camera and the pick up van bearing no. UP 14 M 7786 was taken into possession vide seizure memo Ex.PW32/E.
11. That the katta containing stones, three iron hooks, four knives and three screw driver type rods were taken into possession vide seizure memos Ex.PW32/C, Ex.PW32/D, Ex.PW32/F.
12. That he collected the samples of the body parts of the slaughtered cows which were handed over to him by Dr. Narender Dabas, Veterinary Officer, Rohini Zone, MCD, duly sealed with the seal of YP which were into two container and were taken into possession vide seizure memo Ex.PW33/A.
13. That all six accused persons were thoroughly interrogated and their names then came to be known as Asif, Wasim, Salim, Sitaram, Kailash and Yakoob who were arrested in this case.
14. That the accused Salim was arrested in this case vide memo Ex.PW32/G1, his personal search St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 166 was conducted vide memo Ex.PW32/G2 and his disclosure statement was also recorded vide Ex.PW32/G3.
15. That the accused Yakub (now deceased) was arrested in this case vide memo Ex.PW32/H1, his personal search was conducted vide memo Ex.PW32/H2 and his disclosure statement was also recorded vide Ex.PW32/H3.
16. That the accused Wasim was arrested in this case vide memo Ex.PW32/I1, his personal search was conducted vide memo Ex.PW32/I2 and his disclosure statement was also recorded vide Ex.PW32/I3.
17. That the accused Sita Ram was arrested in this case vide memo Ex.PW32/J1, his personal search was conducted vide memo Ex.PW32/J2 and his disclosure statement was also recorded vide Ex.PW32/J3.
18. That the accused Kailash was arrested in this case vide memo Ex.PW32/K1, his personal search was conducted vide memo Ex.PW32/K2 and his disclosure statement was also recorded vide Ex.PW32/K3.
19. That the accused Asif was arrested in this case vide memo Ex.PW32/L1, his personal search was conducted vide memo Ex.PW32/L2 and his disclosure statement was also recorded vide Ex.PW32/L3.
20. That the Investigating Officer Inspector Gajender Singh recorded his statement under Section 161 Cr.P.C. and then prepared the site plan Ex.PW33/B of the spot at the instance of SI Mahavir Singh.
21. That all the aforesaid accused persons were produced before the Ld. MM on the same day and the accused Asif, Salim, Wasim and Yakoob (deceased) were taken on Police Custody remand for four days.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 167
22. That on 16.05.2010 the aforesaid accused persons namely Asif, Salim, Wasim and Yakub (since deceased) took them to Village Ajgara, Mawana, District Meerut for the search of accused Rizwan and Shahbuddin and raid was also conducted in Mawana for remaining accused but they could not be found there.
23. That thereafter they came back to the Police Station and on the same day and thereafter they raided the area of Shakurpur where the other accused persons were previously residing but they could not be found.
24. That on 17.05.2010 the aforesaid accused persons were on Police Custody remand and they were again interrogated during which the accused made their supplementary disclosure statements.
25. That the supplementary disclosure statement of accused Salim is Ex.PW32/G4, disclosure statement of accused Yakoob (now deceased) which is Ex.PW32/H4, disclosure statement of accused Wasim which is Ex.PW32/I4, disclosure statement of accused Sita Ram which is Ex.PW32/J4, disclosure statement of accused Kailash which is Ex.PW32/K4 and disclosure statement of accused Asif which is Ex.PW32/L4.
26. That in the supplementary disclosure statements all the aforesaid accused persons had disclosed that they alongwith other accused persons had slaughtered one cow in the open place near a school in sector 19, Dwarka in the month of February 2010.
27. That all the aforesaid accused persons had pointed out the place where they had slaughtered one cow in the month of February 2010.
28. That on 02.06.2010 he received a secret information that the coaccused Bholu is present in his godown at Chanakya Place in Uttam Nagar on which he alongwith Ct. Kuldeep and Ct. Jai Prakash reached there and the accused Bholu was St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 168 found available in his godown and was apprehended.
29. That the accused Bholu was interrogated and on being satisfied he was arrested in this case vide memo Ex.PW25/A, his personal search was also conducted vide memo Ex.PW25/B and his disclosure statement was also recorded which is Ex.PW25/C.
30. That on the same day he was transferred from the Police Station therefore the further investigation of this case was handed to some other Investigating Officer and he handed over the case file to MHC(R).
The witness has correctly identified the accused Kailash, Wasim, Sita Ram, Asif and Bholu in the Court.
34. Inspector Harish This witness has deposed on the following lines:
Chander (PW34) 1. That on 03.06.2010 he was posted at Police Station Kanjhawala as Inspector Investigations and on that day the investigations of the present case was handed over to him.
2. That he went through the case file after taking the same from MHC(R) and found that on 02.06.2010 Bholu had been arrested by the previous Investigating Officer Inspector Gajender Singh.
3. That Bholu was in the police lockup at that time and therefore produced him before the Ld. Area Magistrate and obtained one day Police Custody Remand.
4. That during the Police Custody Remand he interrogated Bholu at length.
5. That on the next day he again produced him before the Area Magistrate and was got remanded to Judicial Custody.
6. That on 16.06.2010 he got the exhibits of the case i.e. firearms and ammunitions sent to FSL Rohini for ballistic examination vide RC No. 39/21/10 through Ct. Satbir.
7. That after Ct. Satbir deposited the exhibits in the FSL, he handed over the receipt of the same which St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 169 was got pasted on register No. 21 through the MHC(M) and he then recorded the statements of MHC(M) and Ct. Satbir and relieved them.
8. That that on 29.06.2010 he obtained the out station permission from his senior officers and went in search of the absconding accused at village Azrala, Police Station Mundali, District Meerut, UP.
9. That while he was still in Meerut on 30.06.2010 he gave telephonic instructions to MHC(M) HC Vijay for sending the remaining exhibits to FSL for examination .
10. That later when he returned on 01.07.2010 he was told by the MHC (M) HC Vijay that pursuant to his instructions he had got these documents sent to FSL Rohini through Ct. Sanjay vide RC No. 48/21/10 which was deposited in the FSL, receipt of which was pasted in register No. 21.
11. That he recorded the statements of both the MHC(M) HC Vijay and Ct. Sanjay on 01.07.2010 and relieved them.
12. That on 17.07.2010 he moved an application to the court of Ld. MM for obtaining the NBWs of the remaining absconding accused i.e. Rizwan, Shahbuddin, Gulfam, Rajesh @ Putiya, Khalid and other person whose name he does not recollect.
13. That now after permission has been granted to the witness to refresh his memory he has informed that the name of the accused was Siraz.
14. That on 04.08.2010 he prepared the draft charge sheet against the accused and after completing the requisite formalities filed the same in the court on 10.08.2010.
35. SI Sudhir Rathi This witness has proved the following aspects:
(PW35) 1. That on 16.02.2013 he was posted at Police Station Kanjhawala and on that day an information was received by the SHO Police Station Kanjhawala regarding the arrest of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 170 Proclaimed Offender Rizwan who is wanted in the present case and a request for production warrant had already been filed/ moved by HC Raj Kumar before the competent MM.
2. That on the directions of SHO Police Station Kanjhawala the further investigations in respect of the Proclaimed Offender accused were marked to him.
3. That he then went to the Court of the Area Magistrate Sh. Sushil Anuj Tyagi and moved the request for formal arrest of the accused and to interrogate the accused Rizwan who was produced in a muffled face before the Ld. Magistrate.
4. That after the permission from the Ld. MM he along with Ct. Sudhir interrogated the accused Rizwan (correctly identified) outside the Court.
5. That he then formally arrested him and recorded his disclosure statement and his arrest memo is Ex.PW13/A, his disclosure statement is Ex.PW13/B.
6. That he then produced the accused before the Area Magistrate and obtained his one day Police Custody Remand.
7. That first the medical examination of accused Rizwan was got done.
8. That the accused then pointed out the spot where the pickup van was intercepted and from where he had escaped to them.
9. That pursuant to the same he prepared the pointing out memo which is Ex.PW13/C.
10. That they then returned to the Police Station where the accused was put in the lockup and he recorded the statement of Ct. Sudhir and relieved him.
11. That on the next day the accused was produced before the Area Magistrate and he was remanded to Judicial Custody.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 171
12. That through out this period the accused was kept in muffled face and he also collected the copy of the kalandra in respect accused Rizwan.
13. That he moved an application for getting the Test Identification Parade of the accused Rizwan but he refused.
14. That on 09.04.2013 he received an information from HC Neeraj of Special Staff, Outer District regarding the apprehension of the Proclaimed Offender accused Gulfam and was also informed by the SHO Police Station Kanjhawala that he was to be produced before the Area Magistrate on 10.04.2013.
15. That on the directions of the SHO he along with Ct. Rakesh went to the court of the Area Magistrate Sh. Sushil Anuj Tyagi and moved the request for formal arrest of the accused and to interrogate the accused Gulfam who was produced in unmuffled face before the Ld. Magistrate.
16. That after the permission from the Ld. MM he along with Ct. Rakesh interrogated the accused Gulfam, whom the witness has correctly identified, outside the court, after which he formally arrested him and recorded his disclosure statement.
17. That the the arrest memo of accused Asif is Ex.PW5/A and his disclosure statement which is Ex.PW5/B.
18. That while he was preparing the documents, SI Mahavir also came to the Court and identified the accused Gulfam as one of the persons/ accused who had escaped from the spot.
19. That he recorded the statement of HC Neeraj from Special Staff, Outer District who had come to the court to produce the accused in the court and thereafter relieved him from the court itself.
20. That he then produced the accused before the Area Magistrate and obtained his one day Police St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 172 Custody Remand.
21. That first the medical examination of accused Gulfam was got done from SGM Hospital.
22. That the accused then pointed out to them the spot where the pickup van was intercepted and from where he had escaped, pursuant to which he prepared the pointing out memo which is Ex.PW5/C.
23. That they then returned to the Police Station where the accused was put in the lockup and he recorded the statement of Ct. Rakesh and relieved him.
24. That on the next day the accused was produced before the Ld. Area Magistrate and he was remanded to Judicial Custody.
25. That on 01.07.2013 information was received in the Police Station from HC Devender of Special Staff, Outer District regarding apprehension and arrest of accused Shahbuddin (correctly identified by the accused) who had been got sent to Judicial Custody till 04.07.2013.
26. That in the evening he went to the office of the Special Staff and obtained the documents relating to the Kalandara, arrest, personal search and disclosure statement made by the accused.
27. That on 04.07.2013 Shahbuddin was produced before the Area Magistrate in a muffled face.
28. That with the permission of the Ld. Magistrate he interrogated the accused Shahbuddin.
29. That thereafter he arrested the accused Shahbuddin vide memo Ex.PW4/A, his disclosure statement was recorded vide Ex.PW35/A and thereafter the accused was again produced before the Ld. MM and got remanded to Judicial Custody till 11.07.2013.
30. That on 11.07.2013 he obtained one day Police Custody remand from the Court of the Ld. MM.
31. That first the medical examination of accused Shahbuddin was got done from SGM Hospital and St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 173 the accused then pointed out the spot where the pickup van was intercepted and from where he had escaped, pursuant to which he prepared the pointing out memo which is Ex.PW4/B.
32. That they then returned to the Police Station where the accused was put in the lockup.
33. That he recorded the statement of Ct. Ashok and relieved him and on the next day the accused was produced before the Area Magistrate and was remanded to Judicial Custody.
34. That he then prepared the supplementary charge sheet against the accused Rizwan and filed the same in the Court.
35. That later he prepared the supplementary charge sheet in respect of the accused Shahbuddin and Gulfam and also Rajesh @ Putiya who had been arrested by SI Arun and filed the same before the Ld. Area Magistrate.
Court Witness
36. Inspector He was the SHO of Police Station Vijay Vihar at the Swadesh Kumar relevant point of time and also eye an witness to the (CW1) incident, had been called to the Court and examined as a Court Witness. He has proved the following aspects:
1. That on 14.05.2010 he was working as SHO Police Station Vijay Vihar and on that day a secret information was received by SI Mahavir.
2. That the said information was lodged vide DD No. 8A at 3.15 AM and the contents of secret information was conveyed to senior officers after which a joint team comprising himself, SI Mahavir and other staff of Police Station Vijay Vihar and the police officials of Special Staff, Outer District.
3. That thereafter the police team reached at the place pointed out by the secret informer i.e. at MundkaRanikhera Road near Ranikhera Village.
4. That he reached the spot separately from the team in his official Gypsy bearing No. DL 1C J 4854 and the member of raiding party were also briefed St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 174 and they were deployed at the spot by SI Mahavir.
5. That at about 4.45 AM one pick up van bearing number UP 14 M 7786 came.
6. That they had blocked the road by putting heavy stones on the road and the driver of the said vehicle had tried to drive the vehicle by putting his Van on Kaccha Road and they all staff started following the said vehicle with their vehicles.
7. That the persons sitting the pick up van started pelting stones on his Gypsy but finding themselves surrounded by the police officials from all side, the pick up van stopped and the person sitting in the pickup van started running away.
8. That in this process one person had fired while he was being stopped which hit the bonnet of his gypsy.
9. That the said person was surrounded by them and chased and caught by HC Rohtash and his team.
10. That on interrogation the name of this person was disclosed as Asif (witness has correctly identified accused Asif by pointing out towards him as the person who had fired at him which fire hit the bonnet of his gypsy).
11. That Ct. Kuldeep, HC Surender and Ct. Hari Chand had apprehended the other boy who was known Salim.
12. That Ct. Pawan, Ct. Ajit, HC Rakesh, Ct. Subhash and Ct. Dhanraj had apprehended the four accused persons and on interrogation their names were known as Kailash, Sita Ram, Wasim and Yakoob while the remaining accused persons succeed in running away from spot.
13. That during interrogation the accused Asif, Saleem, Wasim, Kailash, Sita Ram and Yakoob disclosed the names of other associates who escaped from the spot as Bholu, Gulfam, Rajesh @ Putia and Siraj all residents of UP, Rajasthan and Delhi.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 175
14. That Bholu is from Raghubir Nagar and Siraj resident of Meerut.
15. That the aforesaid pickup van bearing No. UP14 M 7786 was taken into possession and on the formal search of the said vehicle, three bodies of cows were recovered from the back portion of the vehicle.
16. That one katta (jute bag) was found in the driver's cabin, the same was checked and found to contain stones.
17. That on further checking knives, three piercing iron rods and three other rods having hook on top were also found lying in driver's cabin of the van.
18. That the aforesaid knives, piercing rods and other iron rods were also taken into possession by SI Mahavir and thereafter in his presence SI Mahavir prepared the sketch of country made pistol/katta which was taken from the hands of Asif and the said sketch is Ex.PW24/A bearing the signatures of SI Mahavir at point C.
19. That the katta was then converted into pullanda with the help of polythene and cloth and thereafter sealed with the seal of MS and SI Mahavir then seized the same vide memo Ex.PW24/D bearing the signatures of SI Mahavir at point C.
20. That the country made pistol recovered from the possession accused Saleem was also handed over to SI Mahavir by HC Surender Dahiya.
21. That the sketch of the said katta/ country made pistol was similarly prepared which is Ex.PW24/B bearing the signatures of SI Mahavir at point C after which the said katta was converted into pullanda and sealed with the seal of MS and was taken into possession vide memo Ex.PW24/C bearing signatures of SI Mahavir at point C.
22. That the country made pistol, one empty and one live cartridge as recovered from the possession of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 176 accused Asif, were taken into possession vide seizure memo Ex.PW24/D bearing the signatures of SI Mahavir at point C.
23. That the aforesaid bag containing stones which was recovered from the driver's cabin of the offending vehicle was converted into parcel and sealed with the seal of GK.
24. That the said parcel was taken into possession vide memo Ex.PW32/C bearing signatures of SI Praveen Kumar at point A and Inspector Gajender Singh at point B.
25. That the three knives which were found from the driver's cabin of the offending vehicle bearing No. UP14M7786 which knives were photographed in his presence and the said photograph is Ex.CW1/B9.
26. That the knives were then converted into pullanda with the help of cloth and sealed with the seal of MS in his presence.
27. That SI Mahavir had also taken the photographs of the spot and the case property himself which are collectively Ex.CW1/B1 to Ex.CW1/B11.
28. That SI Mahavir prepared the rukka in his presence which is Ex.CW1/A bearing his signatures at point A and being well conversant with the handwriting and signatures of SI Mahavir having seen him while writing and signing in the due course of his official duty.
29. That since the said rukka was prepared by SI Mahavir in his presence therefore he can identify his signatures at point B on rukka Ex.CW1/A.
30. That the said rukka was sent to Police Station by SI Mahavir Singh through HC Surender Dahiya.
31. That in the meanwhile the accused apprehended at the spot namely Asif (correctly identified), Yakoob (deceased), Wasim (correctly identified), Kailash (correctly identified), Saleem (PO) and Sita Ram ( correctly identified) were interrogated. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 177
32. That the accused Rajesh @ Putti, Bholu, Gulfam and Siraj also as the persons who had escaped from the spot.
33. That after some time Inspector Gajender Singh came to the spot along with the copy of FIR and the original rukka as the investigations were marked to him.
34. That all the accused who were apprehended at the spot along with the case property and prepared documents were handed over to Inspector Gajender Singh by SI Mahavir.
35. That thereafter Inspector Gajender Singh prepared the arrest memos of all the accused persons, conducted their personal search and prepared their memos and then recorded their disclosure statements which are already on record and were prepared in his presence.
36. That the three pointed iron rods were also taken into possession and converted into pullandas with the help of plastic jar and sealed with the seal of GK in his presence and thereafter seized the same, the seizure memos of the three knives and the pointed iron rods is Ex.PW32/F.
37. That Inspector Gajender also took into possession three hooked iron rods, converted the same into pullanda with the help of plastic jars and sealed the same with the seal of GK and seized the same vide memo Ex.PW32/D.
38. That the offending vehicle bearing no. UP 14 M 7786 containing the remains of the slaughtered cows along with the contents i.e. the carcasses, flesh etc. was also taken into possession and seized vide memo Ex.PW32/E and the photographs of the same are Ex.CW1/B1, Ex.
CW1/B3 to Ex.CW1/B7.
39. That the photographs of the pointed rods and the hooks are Ex.CW1/B9 and the photograph of his official gypsy which was hit by the bullet showing the damage is Ex.CW1/B8, Ex.CW1/B10 and St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 178 Ex.CW1/B11 and the said pickup van is already Ex.P16.
40. That the site plan of the spot of incident was prepared by Inspector Gajender at the instance of SI Mahavir which is Ex.PW33/B.
41. That after the completion of the proceedings he returned back to the police station.
42. That SI Mahavir was working under his supervision in the police station Vijay Vihar at the time of incident.
43. That the aforesaid documents were prepared by SI Mahavir in his presence and he has identified the signatures of SI Mahavir as he had worked with him during the course of official duty and he had seen him while writing and signing.
44. That the complaint under Section 195 Cr.P.C. was filed before the Ld. MM by the then ACP Sh.
Bishan Mohan which complaint along with the list of witnesses is Ex.PX9 which complaint is not disputed by the accused Asif, Wasim, Kailash, Sitaram and Bholu who states that they are only disputing the allegations against them which bears the signatures of the then ACP at point A which signatures he has identified having worked with him in his capacity as SHO of Police Station Vijay Vihar.
45. That he identified the signatures of the then Addl. DCP (Outer) Sh. Suvashish Chaudhary who had accorded the sanction under Section 39 of Arms Act against the accused Asif which sanction is Ex.CW1/D and is not disputed by the accused bearing the signatures of the then Addl. DCP at point A which signatures he identified having worked with him in his capacity of SHO of Police Station Vijay Vihar.
The witness has identified the case property i.e. katta Ex.P1, cartridge Ex.P2 and empty cartridge Ex.P2A as the same as the same as recovered from the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 179 possession of accused Asif; desi katta Ex.P3 and the cartridge Ex.P4 as the same which were recovered from the possession of accused Salim (Proclaimed Offender); three iron rods which are hooked Ex.P5, Ex.P6 and Ex.P7 as the same which were kept in a katta lying near the driver seat of the pick up van; the iron rods spiked on both the sides are Ex.P8, Ex.P9, iron rod spiked on one side with plastic handle Ex.P10, four butcher's knives Ex.P11, Ex.P12, Ex.P13 and Ex.P14 as the same which were kept in a katta lying near the driver seat of the pick up van; stones collectively Ex.P15 as the same which were kept in a katta lying near the driver seat of the pick up van. The witness after seeing the photographs of the pickup van which are Ex.CW1/B1, Ex.CW1/B3 and Ex.CW1/C6 has correctly identified the Van which is already Ex.P16.
(122) Now coming to the microscopic evaluation of evidence against the accused persons.
Motive of the Crime/ Common Intention:
(123) The case of the prosecution is that the sole motive for the offence in question was to lift/ steal/ commit theft of cattle for purposes of illegal slaughtering and after slaughtering to transport the same outside Delhi and in case of resistance or obstruction, meet the same by use of illegal force even if it was by killing the person so causing obstructions. (124) As per the allegations the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya along with Saleem (Proclaimed Offender), Khalid (not arrested) and Yakub (since expired) in furtherance of their common intention St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 180 voluntarily obstructed SI Mahavir Singh and his team members who are public servants in discharge of their public functions and also assaulted or used criminal force on SI Mahavir Singh and other raiding team members being public servants in the execution of their duties as such public servants with the intent to prevent or deter SI Mahavir Singh and his team members from discharging their duties as such public servants. It has also been alleged that all the accused in furtherance of their common intention fired upon the police party who tried to stop them which party comprised of SI Mahavir Singh, Inspector Jasmohinder Chaudhary (PW22), HC Surender Dahiya (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct. Subhash (PW29), Ct. Dhanraj (PW30), Ct. Pawan (PW31), Inspector Gajender (PW33) and Inspector Swadesh Prakash (CW1) by using firearms and throwing mountain rocks/ stones on the police team with such intention or knowledge and under such circumstances that if they all by their act caused the death of SI Mahavir Singh or other raiding team members, they all would be guilty of murder. It is also alleged that the accused persons in furtherance of their common intention committed mischief by slaughtering cows (whose value is more than Rs.50/) and also committed mischief by throwing stones and by firing from firearms on the official vehicle of SHO Police Station Vijay Vihar i.e. a public property. It is also alleged that the accused persons in furtherance of their common intention transported the agriculture cattle from within the place from Delhi to outside Delhi for St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 181 purpose of slaughtering in contravention of provisions of Delhi Agriculture Cattle Preservation Act and found in possession of flesh of Agriculture Cattle i.e. slaughtered cows in their vehicle bearing No. UP14M7786 Mahendra Pickup.
(125) In so far as the Motive is concerned, I may observe that the Motive has to be gathered from the surrounding circumstances and such evidence should form one of the links to the chain of circumstantial evidence. The proof of motive would only strengthen the prosecution case and fortify the court in its ultimate conclusion but in the absence of any connecting evidence or link which would be sufficient in itself from the face of it, the accused cannot be convicted. Motive is best known to the perpetrator of the crime and not to others. Motives of men are often subjective, submerged and unamenable to easy proof that courts have to go without clear evidence thereon if other clinching evidence exists. A motive is indicated to heighten the probability that the offence was committed by the person who was impelled by the motive but if the crime is alleged to have been committed for a particular motive, it is relevant to inquire whether the pattern of the crime fits in which the alleged motive. (126) Regarding the motive of crime, it may be observed that in a case based on circumstantial evidence, the existence of motive assumed significance though the absence of motive does not necessarily discredit the prosecution case, if the case stands otherwise established by other conclusive circumstances and the chain of circumstantial evidence is so St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 182 complete and is consistent only with the hypothesis of the guilt of the accused and inconsistent with the hypothesis of his innocence. (127) Existence of motive for committing a crime is not an absolute requirement of law but it is always relevant fact, which will be taken into consideration by Courts as it will render assistance to Courts while analysing prosecution evidence and determining guilt of accused.
[Ref.: IV (2012) SLT 257].
(128) Moreover, in a case where there is clear proof of motive for the commission of a crime, it affords added support to the finding of the court that the accused is guilty of the offence charged with. However, at the same time the absence of proof of motive does not render the evidence bearing on the guilt of the accused nonetheless untrustworthy or unreliable because most often it is only the perpetrator of the crime alone, who knows as to what circumstances prompted him to certain course of action leading to the commission of the crime [Ref.: State of U.P. Vs. Bahu Ram reported in 2000 (4) SCC 515 and Ujjagal Singh Vs. State of Punjab reported in 2007 (14) SCALE 428].
(129) In so far as the Common Intention shared by the accused persons are concerned, I may observe that Section 34 Indian Penal Code has been enacted on the principal of joint liability in the doing of a criminal act. The section is only a rule of evidence and does not create a substantive offence. The distinctive feature of the section is the element of participation in action. The liability of one person for an offence St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 183 committed by another in the course of criminal act perpetrated by several persons arises under Section 34 if such criminal act is done in furtherance of common intention of the persons who join in committing the crime. Direct proof of common intention is seldom available and, therefore, such intention can only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances. In order to bring home the charge of common intention, the prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of minds of all the accused persons to commit the offence for which they are charged with the aid of Section 34, be if prearranged or on the spur of the moment, but it must necessarily be before the commission of the crime. The true concept of the Section is that if two or more persons intentionally do an act jointly, the position in law is just the same as if each of them has done it individually by himself. As observed in Ashok Kumar Vs. State of Punjab reported in AIR 1997 (1) SCC 746 the existence of a common intention amongst the participants in a crime is the essential elements for application of this section. It is not necessary that the acts of the several persons charged with commission of an offence jointly must be the same or identically similar. The acts may be different in character, but must have been actuated by one and the same common intention in order to attract the provision. The Section does not say "the common intentions of all" nor does it say "an intention common to all". Under the provisions of Section 34 the essence of the liability is St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 184 to be found in the existence of a common intention animating the accused leading to the doing of a criminal act in furtherance of such intention. As a result of the application of principles enunciated in section 34, when an accused is convicted under section 302 read with section 34, in law it means that the accused is liable for the act which caused death of the deceased in the same manner as if it was done by him alone. The provision is intended to meet a case in which it may be difficult to distinguish between acts of individual members of a party who act in furtherance of the common intention of all or to prove exactly what part was taken by each of them. As was observed in Chinta Pulla Reddy Vs. State of A.P. reported in 1993 Supp (3) SCC 134. Section 34 is applicable even if no injury has been caused by the particular accused himself. For applying section 34, it is not necessary to show some over act on the part of the accused. The above position was highlighted in Girija Shankar Vs. State of U.P., reported in 2004(3) SCC 793 and reference in this regard is also being made to the case of decision of the Delhi High Court in the case of Mohd. Saleem Vs. State, Crl. Appeal No. 484/2011 decided on 31.5.2013 by the Bench headed by Hon'ble Mr. Justice Sanjiv Khanna.
(130) Applying the settled principles of law to the facts of the present case, I may observe that Firstly from the evidence which has come on record it stands established that the accused were carrying illegal arms with which they were firing on the police teams chasing them St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 185 when they refused to stop and rather started attacking the police persons by throwing stones/ mountain rocks and by use of firearms. They were carrying huge stacks of stones i.e. mountain rocks in a gunny bag/ Katta (collectively Ex.P15) in the offending vehicle which stones they were pelting on the police parties who were chasing them. It stands established that a country made pistol (Ex.P1) with empty cartridge (Ex.P2A) in its chamber and one live cartridge (Ex.P2) was recovered from the possession of the accused Asif with which firearm he had fired upon the police teams. Further, a country made pistol (Ex.P3) with one live cartridge (Ex.P4) was recovered from the possession of Saleem (Proclaimed Offender). This recovery of firearms, ammunition and mountain rocks/ stones stacked in the offending vehicle which were used on the police party confirm the preparation and preplanning. It further confirms that the accused had come prepared for all eventuality and were determined to the extent that in case of any obstructions they would not hesitate to use these weapons even if it was to kill (commit murder). (131) Secondly all the police eye witnesses Inspector Jasmohinder Chaudhary (PW22), HC Surender Dahiya (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct. Subhash (PW29), Ct. Dhanraj (PW30), Ct. Pawan (PW31), Inspector Gajender (PW33) and Inspector Swadesh Prakash (CW1) have specifically deposed that the accused persons had thrown stones on the chasing police officials as a result of which the official Gypsy of SHO Police Station Vijay Vihar St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 186 Inspector Swadesh Prakash was damaged and the accused Asif had even fired at the police team which bullet incidentally hit the bonnet of official Gypsy. It is this which confirms that the accused before this Court have organized themselves into a gang to give effect to this crime in which they appear to have achieved specialization.
(132) Thirdly the fact that the accused Asif had fired upon the police party finds independent corroboration from the Forensic Report proved by Dr. N.P. Waghmare (PW7) thereby proving the use of firearm by the accused Asif.
(133) Fourthly it stands established that HC Surender Dhaiya and Ct. Pawan had tried to stop the offending vehicle i.e. Mahendra Pickup Van bearing No. UP14M7786 by putting big stones in the middle of the road and SHO Police Station Vijay Vihar tried to obstruct the Pickup Van by putting his official gypsy on the road but the driver of the pickup van again escaped by turning the vehicle on the other side and the persons sitting in the pickup van simultaneously started throwing stones on the police party. The accused Asif, Wasim, Sitaram, Kailash, Yakub (now expired) and Saleem (Proclaimed Offender) were apprehended at the spot of incident. The offending vehicle was containing slaughtered cows which fact stands established from the Expert Evidence on record. This confirm the Motive and Common Intention shared by all the accused which was to lift cattle for purpose of slaughtering for which they had made all preparations.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 187 (134) Fifthly the aspect that the accused are desperate criminals who do not hesitate to use firearm against anybody who come in their way stands established from the fact that a large quantity of illegal arms and ammunition were recovered from the offending tempo and with the slaughtered cows.
(135) Lastly the motive of the accused is also confirmed from the fact that while the police parties were chasing the offending tempo, the accused not only pelted stones but also fired upon the police personnels chasing them by directing the shot towards the official Gypsy of SHO Police Station Vijay Vihar Inspector Swadesh Kumar which bullet incidentally hit the bonnet of the official Gypsy. (136) Hence, In view of my aforesaid discussion I may observe that the manner in which the accused acted in consortium and then in order to finish off/ stop anybody who tried to resist them establishes that they were having the intention or knowledge that under such circumstances that if they all by that act cause death of the police officials they would be guilty of murder. I hereby hold that the material on record conclusively establishes the prior meeting of mind and Common Intention of the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya along with Saleem (Proclaimed Offender), Khalid (not arrested) and Yakub (since expired) to commit cattle theft for purposes of slaughtering and after slaughtering to transport the same and in case of any resistance or St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 188 obstruction to remove the same by use of criminal force including firearm. The manner in which the entire incident had transpired confirms and establishes that not only the motive of the offence in question was to lift cattle for purpose of slaughtering but the use of dangerous objects i.e. Mountain Rocks/ Stones and Firearms upon the police party conclusively establishes the intention which was to finish off anybody who tried to stop them. Here, I may mention that although the actual firing was done by the accused Asif but all the remaining accused are liable for his acts. Veterinary Expert/ Forensic Evidence:
(137) The case of the prosecution is that the accused Asif, Bholu, Salim (Proclaimed Offender), Kailash, Rizwan, Yakub (deceased), Wasim, Sita Ram, Gulfam, Siraz, Shahabuddin and Rajesh @ Putia belong to a gang of cattle lifters who habitually commit theft of cattle for purposes of slaughtering and the on the date of incident i.e. 14.5.2010 they were apprehended along with their pickup van bearing No. UP14M7786 and three slaughtered cows were found in the said pickup van. In order to prove its case the prosecution has placed its reliance on the testimonies of Dr. Narender Dabas (PW8) and Dr. Neeraj Bhargav (PW9) and also on the basis of the testimonies of forensic experts i.e. Dr. N.P. Waghmare (PW7) and Ms. L. Babyto Devi (PW23) and the reports proved by them.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 189
Veterinary Experts confirm that slaughtered animals were cows:
(138) Coming first to the testimony of Dr. Narender Dabas (PW8), the Veterinary Expert who was posted at Veterinary Hospital, MCD Office, Rohini Zone who has proved that on 14.05.2010 he was called by the police at Rohini South Police Station as some slaughtered animals had been recovered in a tempo i.e. TATA 407. The witness has further deposed that he reached the Rohini South Police Station where he found one TATA 407 parked. He has proved that he had also called Dr. Neeraj Bhargava from Veterinary Hospital, Badli, GNCT Delhi since he was the person who had the power to lift the samples. The witness has proved that he inspected the vehicle and found two slaughtered cows which he could make out and identify from the skin attached to the hooves of the slaughtered animals after which he along with Dr. Bhargava lifted and collected the samples from the said animals which samples they put in plastic bags mixed with normal saline and handed over to the police.
He has also proved that they had collected samples in two containers consisting of muscle with intact skin below right horn, piece of right shoulder muscle, frontal muscles with skin above the eyes, external abdominal muscle, internal thigh muscle, muscle with skin of fore legs and then he and Dr. Bhargava directed the said exhibits to be sent to the FSL Rohini. He has also proved the directions issued to the concerned official FSL Rohini which are Ex.PW8/A. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 190 (139) The above testimony of Dr. Narender Dabas finds due corroboration and confirmation from the testimony of Dr. Neeraj Bhargava (PW9) who has similarly proved that he inspected the vehicle and found two slaughtered cows which he could make out and identify from the skin attached to the hooves of the slaughtered animals. He has also proved that he along with Dr. Narender Dabas lifted and collected the samples from the said animals which they put in plastic bags mixed with normal saline and handed over to the police. He has further proved that they had collected samples in two containers consisting of muscle with intact skin below the right horn, piece of right shoulder muscle, frontal muscles with skin above the eyes, external abdominal muscle, internal thigh muscle, muscle with skin of fore legs and thereafter they directed the said exhibits to be sent to the FSL Rohini. He has also proved the said directions issued to the concerned official FSL Rohini which are Ex.PW8/A. (140) The testimonies of both these witnesses have gone uncontroverted since they have not been crossexamined by the Defence Counsels at all and I hereby hold that the Veterinary Experts have conclusively confirmed that the slaughtered animals which were recovered and seized from the offending vehicle were cows i.e. two in number (Cows belonging to Bovinae sub family can be easily identified by specific features such as huge body, hooves, humps, horns, abdominal and thigh muscles etc.).
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 191 Ballistic Expert:
(141) Coming next to the evidence of the Ballistic Expert, I may observe that the various firearms and ammunition recovered from the accused were sent to Forensic Laboratory, Rohini for examination and in this regard the prosecution is relying upon the testimony of Dr. N.P. Waghmare (PW7) the Ballistic Expert who has proved that on 16.06.2010 two sealed parcels duly sealed with the seal of NS along with sample seal was received by the laboratory in connection with case FIR No. 94/10, Police Station Kanjhawala which parcels were marked to him for examination and opening the first parcel it found to contain one country made pistol of 8mm/.315 inch, marked as Ex F1 and one 8mm/.315 inch cartridge marked as Ex A1 by him and another parcel found to contain one country made pistol of 8mm/.315 inch marked as Ex.F2 and one 8mm/.315 inch cartridge marked as Ex A2 and one empty cartridge case of 8mm/.315 inch marked as Ex.EC1. He has proved his opinion which he gave after examination which is as under:
1. Exhibit F1 and F2 were firearms as defined in Arms Act and were country made pistols, capable of loading and firing standard 8mm/.315 inch caliber ammunition.
2. Exhibit 8mm/.315 inch caliber cartridges marked A1 and A2 were loaded and successfully test fired through country made pistols marked exhibit F1 and F2 St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 192 respectively and hence it was opined that country made pistols marked exhibit F1 and F2 were in normal working order and exhibit A1 and A2 were live ammunition before they were test fired in the laboratory.
3. The pertinent characteristic marks of country made pistol marked exhibit F2 present on the cartridge case marked exhibit EC1 were compared with those present, if any, on the test cartridge case fired through country made pistol marked exhibit F2 under a comparison microscope. After thorough examination and comparison, firing pin and breech face marks present on exhibit EC1 were similar with firing pin and breech face marks present on test cartridge case. It was thus opined that cartridge case marked exhibit EC1 had been fired through the country made pistol marked F2.
4. Cartridges marked A1 and A2 were ammunition as defined in Indian Arms Act.
(142) He has proved his detailed Ballistic Report in this regard which is Ex.PW7/A. He has correctly identified the country made pistol and one test fire cartridge as the same as examined by him as F1 and test fire cartridge A1, which country made pistol is Ex.P3 and the test fire cartridge is Ex.P4. He has also identified the country made pistol F2 St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 193 and one test fire cartridge A2 and one evidence cartridge case EC1 as the same as examined by him, which country made pistol is Ex.P1, the test fire cartridge is Ex.P2 and evidence cartridge case is Ex.P2A. Biological/ Serological Experts:
(143) It is the prosecution case that even after obtaining the opinion from the Veterinary Experts the samples collected were also sent to Biology and Serology Expert. Though in my view this was an exercise in futility in view of the conclusive opinion from the Veterinary Experts and the samples on the spot being reflective of the species i.e. cows i.e. animals with specific characteristics with specific characteristics as horns, humps, hoops etc. However, the exhibits having been sent, the Biological and Serological reports having been prepared by Ms. Seema Nain, SSO (Biology) and proved by Ms. L. Babyto Devi (PW23) vide Ex.PW23/A and Ex.PW23/B. According to the said reports exhibit 1 i.e. Lump of tissues described as 'Muscles with intact skin below right horn, piece of right shoulder muscles, frontal muscle with skin above eyes' and exhibit 2 i.w. Lump of issues descried as 'external abdominal muscle, internal tight muscle part, muscle with skin of fore legs' were sent to the FSL. On Biological examination blood was detected on exhibit 1 and 2 however the but on examination the Species of Origin could not be ascertained. Here, I may observe that though the serological and biological reports do not report on Species of Origin but it will not be St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 194 fatal to the case of the prosecution since the medical evidence on record conclusively establishes that the slaughtered cows were found in the pickup van which the Veterinary Doctors i.e. Dr. Narender Dabas (PW8) and Dr. Neeraj Bhargav (PW9) could make out from the skin attached to the hooves of the slaughtered animals. (144) In view of the above, I hereby hold that the Expert Evidence on record is compatible to the prosecution case and establishes that slaughtered cows were found in the pickup van UP14M7786. (145) The Forensic Evidence in the form of Ballistic Report establishes that the cartridge case marked exhibit EC1 (Ex.P2A before the Court) had been fired through the country made pistol recovered from the possession of accused Asif which was exhibit F2 by the Ballistic Expert (Ex.P1 before the Court) conclusively connects the accused Asif with the offence alleged.
Complaint under Section 195 Cr.P.C. and Sanction under Section 39 of Arms Act:
(146) In so far as the complaint under Section 195 Code of Criminal Procedure is concerned, the same has been duly filed by the then ACP Sultan Puri against the accused Asif, Yakub (deceased), Wasim, Kailash, Sita Ram, Salim (Proclaimed Offender) and Bholu. The said complaint which is Ex.P9 has been duly proved by Inspector Swadesh Prakash (CW1) and has also not been disputed by the above accused who St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 195 have only disputed the merits of the allegations made against them. Here, I may note that the accused Salim has been declared a Proclaimed Offender and the accused Yakub had expired in an encounter which later took place wherein Asif, Yakub and others were trying to flee with lifted cattle and fired at police party. The accused Asif who is reported to be the kingpin of this Cattle Lifting Gang has already been convicted in the said FIR i.e. FIR No. 32/2013, PS Subhash Place, under the title State Vs. Ankur Etc.' (147) Further, the sanctions under Section 39 of Arms Act against the accused Salim (Proclaimed Offender) and accused Asif have been obtained from the then Addl. Deputy Commissioner of PoliceI, Outer District, Sh. Suvashish Choudhary. In so far as the accused Saleem is concerned, he has been declared Proclaimed Offender and in so far as the accused Asif is concerned, Inspector Swadesh Prakash (CW1) has duly proved the sanction Ex.CW1/D which proceedings for granting sanction the accused Asif has not disputed.
(148) This being the background, I hold that the prosecution has duly proved the complaint under Section 195 Cr.P.C. and the sanction accorded under Section 39 of Arms Act against the accused Asif.
Ocular Evidence:
(149) Ocular evidence/eye witness count is the best evidence in any case but it is settled law that the testimonies of the eye witnesses are St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 196 required to be carefully analyzed to test the reliability, credibility and truthfulness of the witness. The eye witness account requires a careful independent assessment and evaluation for its credibility, it should not be adversely prejudged on the basis of other evidence. The ocular evidence has to be tested for its inherent consistency and inherent probability of the story, consistency of the account given by one witness with that given by the other witness held to be creditworthy, consistency with the undisputed facts, the 'credit' of the witnesses who performed in the witnessbox, their power of observation and it is only then that the probative value of such evidence becomes eligible to be put into the scales for a cumulative evaluation.
(150) The case of the prosecution is that 14.05.2010 after the incident of cow slaughtering in the Outer District, a special team comprising of officials of Special Staff, Outer District and Police Station Vijay Vihar was constituted to apprehend the criminals involved in the crime. At about 3:00 AM an information was received by SI Mahavir Singh through the secret informer that criminals involved in a crime and could be carrying deadly weapons would be coming/ passing through the area of Outer District in a pickup van having the last digits as 7786 and there might be slaughtered cows in the van. The above information was shared by SI Mahavir with Inspector Sudesh Kumar the then SHO Police Station Vijay Vihar and other members of the team after which all the team members had gone by their private vehicles. At about 44:15 AM St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 197 the team was again briefed by SI Mahavir Singh on Rani Khera Village Road towards the road which leads to Mundka Phatak and after proper briefing the staff was deployed by SI Mahavir Singh. At about 4:45 AM a white colored pickup van bearing No. UP14M7786 was seen coming from Mundka Fatak side and proceedings towards Rani Khera village after which on the pointing out of secret informer all the members of the team were put on alert by signaling that the criminals had arrived. As per the plan HC Surender Dhaiya and Ct. Pawan had already been directed to put big stones in the middle of the road to force stop the vehicle and SHO Police Station Vijay Vihar was already waiting on the road in his official gypsy while the other teams followed the pickup van on their vehicles, SHO Police Station Vijay Vihar tried to obstruct the pickup van by putting his official gypsy on the road but the driver of the pickup van again escaped by turning the vehicle on the other side and the persons sitting in the pickup van simultaneously started throwing stones on the police party. One such stone hit the official gypsy of the SHO Police Station Vijay Vihar which resulting into smashing of the front glass/ wind screen of the official gypsy. However, the police party managed to over take the pickup van and stop the same after about 50 meters. One of the persons who was trying to escape fired at police party which hit the bonnet of the gypsy of the SHO Police Station Vijay Vihar on which HC Rohtash and Ct. Sandeep overpowered the said person who had fired and managed to apprehend him and snatched the katta from his hand. In the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 198 meanwhile another accused who was running away also took out a katta and as soon as he was about to fire on the police officials following him, he was apprehended by HC Surender Dahiya with the help of Ct. Hari Chand and Ct. Kuldeep. Four other persons who were trying to escape were also apprehended by the other members of the police party whereas fivesix persons managed to escape from the spot. The persons who had fired on the police party which fire had hit the bonnet of the police gypsy disclosed his name as Asif and the second person who was about to fire on the police party disclosed his name as Mohd. Salim, whereas other persons who were apprehended at the spot disclosed their names as Yakub, Wasim, Sita Ram and Kailash. On checking the Mahindra Pick up van bearing No. UP14M7786 three slaughtered cows (which the experts found in fact two slaughtered cows), one katta (plastic bag) containing stones, three iron rod hooks, two iron rods hooked from both side and one iron rod hooked from one side were found underneath the driver seat.
(151) In order to prove its case the prosecution is placing its reliance on the testimonies of Inspector Jasmohinder Chaudhary (PW22), HC Surender Dahiya (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct. Subhash (PW29), Ct. Dhanraj (PW30), Ct. Pawan (PW31) and Inspector Gajender (PW33). Here, I may observe that in so far as the complainant SI Mahavir Singh is concerned despite repeated opportunities his presence could not be secured being out of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 199 country at Sudan and his handwriting and signatures have been duly proved by Inspector Swadesh Prakash who was the then SHO of Police Station Vijay Vihar. Though Inspector Swadesh Prakash has not been cited as a witness yet this Court by using its powers under Section 311 Cr.P.C. examined him as a Court Witness since he was a part of the raiding team and also an eye witness to the entire incident and also because he was in a position to identity the handwriting and signatures of SI Mahavir Singh. The relevant portion of the testimony of Inspector Swadesh Prakash (CW1) is as under:
"........ On 14.05.2010 I was working as SHO PS Vijay Vihar. On that day a secret information was received by SI Mahavir. This information was lodged vide DD no.8A at 3.15AM. The contents of secret information was conveyed to senior officers. A joint team comprising myself, SI Mahavir and other staff of PS Vijay Vihar and the police officials of Special Staff, Outer District. Thereafter the police team reached at the place pointed out by the secret informer i.e. at MundkaRanikhera Road near Ranikhera Village. I reached the spot separately from the team in my official gypsy bearing no. DL 1C J 4854. The member of raiding party were also briefed and they were deployed at the spot by SI Mahavir.
At about 4.45AM one pick up van bearing number UP 14 M 7786 came. We had blocked the road by putting heavy stones on the road. The driver of the said vehicle had tried to drive the vehicle by putting his van on Kachcha Road. We all staff started following the said vehicle with our vehicles. The persons sitting the pick St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 200 up van started pelting stones on my Gypsy but finding surrounded by the police officials from all side, the pick up van stopped and the person sitting in the pickup van started running away. In this process one person had fired while he was being stopped which hit the bonnet of my gypsy. The said person was surrounded by us and chased and caught by HC Rohtash and his team. On interrogation the name of this person was known as Asif. At this stage the witness has correctly identified accused Asif by pointing out towards him as the person who had fired at him which fire hit the bonnet of his gypsy. Ct. Kuldeep, HC Surender and Ct. Hari Chand had apprehended the other boy who was known Salim. Ct. Pawan, Ct. Ajit, HC Rakesh, Ct. Subhash and Ct. Dhanraj had apprehended the four accused persons. On interrogation their names were known as Kailash, Sita Ram, Wasim and Yakoob. The remaining accused persons succeed in running away from spot. During interrogation the accused Asif, Saleem, Wasim, Kailash, Sita Ram and Yakoob disclosed the names of other associates who escaped from the spot as Bholu, Gulfam, Rajesh @ Putia and Siraj all residents of UP, Rajasthan and Delhi. Bholu is from Raghubir Nagar and Siraj resident of Meerut.
The aforesaid pickup van bearing No. UP14 M 7786 was taken into possession. On the formal search of the said vehicle. Three bodies of cows were recovered from the back portion of the vehicle. One katta(jute bag) was found in the driver's cabin, the same was checked and found to contain stones. On further checking knives, three piercing iron rod and three other rods having hook on top were also found lying in driver's cabin of the van. The aforesaid knives, piercing St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 201 rods and other iron rods were also taken into possession by SI Mahavir. Thereafter in my presence SI Mahavir prepared the sketch of countrymade pistol/katta which was taken from the hands of Asif. The said sketch is already Ex.PW24/A bearing signatures of SI Mahavir at point C. The katta was then converted into pullanda with the help of polythene and cloth and thereafter sealed with the seal of MS and he then seized the same vide memo already Ex.PW24/D bearing the signatures of SI Mahavir at point C. The country made pistol recovered from the possession accused Saleem was also handed over to SI Mahavir by HC Surender Dahiya.
The sketch of the said katta/ countrymade pistol was similarly prepared which is already Ex.PW24/B bearing the signatures of SI Mahavir at point C after which the said katta was converted into pullanda and sealed with the seal of MS and was taken into possession vide memo already Ex.PW24/C bearing signatures of SI Mahavir at point C. The country made pistol, one empty and one live cartridge as recovered from the possession of accused Asif, were taken into possession vide seizure memo already Ex.PW24/D bearing the signatures of SI Mahavir at point C. The aforesaid bag containing stones which was recovered from the driver's cabin of the offending vehicle was converted into parcel and sealed with the seal of GK. The said parcel was taken into possession vide memo already Ex.PW32/C bearing signatures of SI Praveen Kumar at point A and Inspector Gajender Singh at point B. The three knives which were found from the driver's cabin of the offending vehicle bearing No. UP 14 M 7786. which knives were photographed in my presence and I can identify the same. The said photograph is already Ex.CW1/B9. The knives were St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 202 then converted into pullanda with the help of cloth and sealed with the seal of MS in my presence. SI Mahavir had also taken the photographs of the spot and the case property himself and I can identify the photographs taken by him. The same are collectively Ex.CW1/B1 to Ex.CW1/B11.
SI Mahavir prepared the rukka in my presence which is Ex.CW1/A bearing his signatures at point A. I am well conversant with the handwriting and signatures of SI Mahavir as I have seen him while writing and signing in the due course of my official duty. Since the said rukka was prepared by SI Mahavir in my presence therefore I identify his signatures at point B on rukka Ex.CW1/A. The said rukka was sent to police station by SI Mahavir Singh through HC Surender Dahiya. In the meanwhile the accused apprehended at the spot namely Asif (correctly identified), Yakoob (deceased), Wasim (correctly identified), Kailash (correctly identified), Saleem (PO) and Sita Ram ( correctly identified) were interrogated. I can also identify the persons / accused who had escaped from the spot. At this stage the witness has correctly identified accused Rajesh @ Putti, Bholu, Gulfam and Siraj also as the persons who had escaped from the spot.
After some time Inspector Gajender Singh came to the spot alongwith the copy of FIR and the original rukka as the investigations were marked to him. All the accused apprehended at the spot alongwith the case property and prepared documents were handed over to Inspector Gajender Singh by SI Mahavir. Thereafter Inspector Gajender Singh prepared the arrest memos of all the accused persons, conducted their personal search and prepared their memos and then recorded their St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 203 disclosure statements which are already on record and were prepared in my presence.
The three pointed iron rods were also taken into possession and converted into pullanda with the help of plastic jar and sealed with the seal of GK in my presence and thereafter seized. The seizure memos of the three knives and the pointed iron rods is already Ex.PW32/F. Inspector Gajender also took into possession three hooked iron rods, converted the same into pullanda with the help of plastic jars and sealed the same with the seal of GK and seized the same vide memo already Ex.PW32/D. The offending vehicle bearing no. UP 14 M 7786 containing the remains of the slaughtered cows alongwith the contents i.e. the carcasses, flesh etc. was also taken into possession and seized vide memo already Ex.PW32/E . I can identify the said vehicle. The photographs of the same are now Ex.CW1/B1, Ex.CW1/B3 to Ex.CW1/B7. The photographs of the pointed rods and the hooks are already Ex.CW1/B9. The photograph of my official gypsy which was hit by the bullet showing the damage is already Ex.CW1/B8, Ex.CW1/B10 and Ex.CW1/B11.
Court observation: The said pickup van is already Ex.P16.
The site plan of the spot of incident was prepared by Inspector Gajender at the instance of SI Mahavir which is already Ex.PW33/B. After the completion of the proceedings I returned back to the police station.
I can identify the case property if shown to me. At this stage MHC(M) has produced one sealed parcel with the seal of court. The same is opened after breaking of the seal and found to contain one desi katta St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 204 and a test fired cartridges and shown to the witness who has correctly identified the same as recovered from the possession of accused Asif. The katta is already Ex.P1 and cartridge is already Ex.P2.
At this stage MHC(M) produced one sealed parcel with the seal of court. The same is opened after breaking of the seal and one desi katta and one test fired cartridge are taken out from transparent plastic containing and shown to the witness who has correctly identified the same as recovered from the possession of accused Salim. The same is already Ex.P3 and the cartridge is already Ex.P4.
At this stage, it is pointed out that in the testimony of PW7 Dr. N.P. Waghmare due to mistake the desi katta, live cartridges and empty cartridge recovered from the possession of accused Asif have been given exhibit numbers as Ex.P3, Ex.P4, Ex.P5 whereas they should have been marked as Ex.P1, Ex.P2 and Ex.P2A. Similarly, the desi katta and live cartridge recovered from the accused Saleem have been wrong exhibit numbers as Ex.P1 and Ex.P2 whereas they should have been marked as Ex.P3 and Ex.P4. Ld. Defence Counsels have no objections to the corrections in this regard. (Court Direction: In order to avoid any complication/ confusion the Katta, live cartridge and empty cartridge are to be read as Ex.P1, Ex.P2 and Ex.P2A respectively and the desi katta and live cartridge recovered from the possession of accused Salim is to be read as Ex.P3 and Ex.P4 and hence the corrections are accordingly made in the testimony of PW7 Dr. N.P. Waghmare under the initials of this Court).
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 205
At this stage MHC(M) produced one sealed parcel with the seal of court. The same is opened after breaking of the seal and is found to contain three iron rods which are hooked. The witness identifies the same which were kept in a katta lying near the driver seat of the pick up van. The same are already Ex.P5, Ex.P6 and Ex.P7.
At this stage MHC(M) one sealed parcel with the seal of court. The same is opened after breaking of the seal and is found to contain three iron rods, two of them are spiked/pointed from both the sides and one of them is spiked/pointed with one side with plastic handle on the other side and also four butcher's knives. The same are shown to the witness who identifies the same which were kept in a katta lying near the driver seat of the pick up van. The iron rods spiked on both the sides are already Ex.P8, Ex.P9 respectively, iron rod spiked on one side with plastic handle is already Ex.P10. Four butcher's knives are already Ex.P11, Ex.P12, Ex.P13 and Ex.P14.
At this stage MHC(M) produced one sealed parcel with the seal of court. The same is opened after breaking of the seal and is found to contain stones and the same are shown to the witness who identifies the same which were kept in a katta lying near the driver seat of the pick up van. The same are already collectively Ex. P15.
At this stage, the witness has seen the photographs Ex.CW1/B1, Ex.CW1/B3 and Ex.CW1/C6 of pick up van has correctly identifies the same. Same is already Ex.P16.
XXXXXXX by Ld. Addl. PP for the state.
SI Mahavir was working under my supervision in the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 206 police station Vijay Vihar at the time of incident. The aforesaid documents were prepared by SI Mahavir in my presence. I can identify the the signatures of SI Mahavir as he had worked with me during the course of official duty and I had seen him while writing and signing. Presently SI Mahavir is not available in India. Vol. I can identify his handwriting and signatures. It is correct that the complaint under Section 195 Cr.P.C. was filed before the Ld. MM by the then ACP Sh.
Bishan Mohan. The above complaint along with the list of witnesses is Ex.PX9 (not disputed by the accused Asif, Wasim, Kailash, Sitaram and Bholu who are only disputing the allegations against them) bearing the signatures of the then ACP at point A which signatures I identify having worked with him in my capacity of SHO PS Vijay Vihar. Further, I can also identify the signatures of the then Addl. DCP (Outer) Sh. Suvashish Choudhary who had accorded the sanction under Section 39 of Arms Act against the accused Asif. The above sanction is now Ex.CW1/D (not disputed by the accused Asif who states that he only disputes the allegations of recovery and use of this Katta) bearing the signatures of the then Addl. DCP at point A which signatures I identify having worked with him in my capacity of SHO PS Vijay Vihar........" (152) He has been exhaustively crossexamined by the Ld. Defence Counsels wherein he has admitted that SI Mahavir had only prepared the seizure memos of knives and not the spikes and hooks which were prepared by Inspector Gajender. He is unable to tell why SI Mahavir did not prepare all the documents including the documents relating to the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 207 recovery of spikes and hooks when the seizure memo of country made pistols and knives were prepared and has explained that it was a raid and large number of documents were prepared. He has further explained that SI Mahavir had worked under him for six months when he was posted as SHO Vijay Vihar and at the time of incident Inspector Gajender was SHO Kanjhawala. He has further stated that in his presence no Crime Team had come to the spot and has explained that the photographs were taken by SI Mahavir from his mobile phone camera. The witness has also explained that when the accused Asif fired at the police party, there was no retaliatory fire since there was no need as they were soon overpowered.
(153) The testimony of Inspector Swadesh Prakash (CW1) finds due corroboration and confirmation from the testimony of Inspector Jasmohinder Chaudhary (PW22), the relevant portion of which is as under:
"....... On 14.05.2010 I was posted as Sub Inspector in special staff of outer district. After the incidence of cow slaughtering in outer district a special team comprising of officials of special staff, outer district and police station Vijay Vihar was constituted to apprehend the criminals involved in the crime. On the same day all the members of the team were present in police station Vijay Vihar during the night and at about 3 AM information was received by SI Mahavir Singh through the secret informer that criminals involved in such crime would be coming/passing through the area of outer district in a pickup van and the last digits of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 208 the van are 7786. It was also informed by the informer that there might be slaughtered cows in the van and the criminals might be carrying deadly weapons. This information was shared by SI Mahavir with Insp. Sudesh Kumar, SHO PS Vijay Vihar and other members of the team. A raid was planned and an entry in this regard was made by SI Mahavir Singh vide DD No. 8A. After getting briefing from Insp. Sudesh Kumar and SI Mahavir Singh the team along with the secret informer proceeded towards the place where the suspected criminals were suppose to come. All the team members had gone there by private vehicles. At about 44:15 AM the team was again briefed by SI Mahavir Singh on Rani Khera village road towards the road that leads to Mundka Phatak. After proper briefing the staff was deployed by SI Mahavir Singh. In the meanwhile Insp. Sudesh Kumar along with staff had also reached there in the official gypsy.
At about 4:45 AM a white color pickup van bearing No. UP14M7786 was seen coming from Mundka fatak side and proceedings towards Rani Khera village. On the pointing out of the secret informer all the members of the team were put on alert by signaling that the criminals have arrived. As per plan HC Surender Dhaiya and Ct. Pawan had already been directed to put big stones in the middle of the road to force stop the vehicle. The driver of the pickup van was indicated to stop the vehicle but since he did not stop so as per the plan HC Surender and Ct. Pawan put big stones on the road in order to stop the said vehicle but they sweared the vehicle to one side and tried to escape from there. SHO PS Vijay Vihar was already waiting on the road in his official gypsy while we followed the pickup van on our vehicles, SHO PS Vijay St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 209 Vihar tried to obstruct the pickup van by putting his official gypsy on the road but the driver of the pickup van again escaped by turning the vehicle on the other side and the persons sitting in the pickup van simultaneously started throwing stones on us. One stone hit the official gypsy of the SHO PS Vijay Vihar which resulting into smashing of the front glass/wind screen of the official gypsy. We some how managed to over take the pickup van and stopped the same after about 50 meters. Finding themselves surrounded the driver of the pickup van was compelled to stopped the same and all the persons sitting inside it jumped out and started running in different directions. One of the persons who was trying to escape fired at police party which hit the bonnet of the gypsy of the SHO PS Vijay Vihar. HC Rohtash and Ct. Sandeep overpowered the said person who had fired and managed to apprehend him and snatched the katta from his hand. In the meanwhile another accused who was running away also took out a katta and as soon as he was about to fire on the police officials following him he was apprehended by HC Surender Dahiya with the help of Ct. Hari Chand and Ct. Kuldeep. Four other persons who were trying to escape were also apprehended by the other members of the police party whereas 56 persons managed to escape from the spot. The persons who were apprehended were then interrogated and their names were disclosed as Asif i.e. the person who had fired on the police party which fire had hit the bonnet. The second person was Mohd. Salim who was apprehended by HC Surender Dahiya and others with a katta in his hand when he was about to fire on the police party third was Yakub, fourth was Wasim, fifth was Sita Ram and one person was Kailash. I can St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 210 identify all these persons and also some of them who had escaped by pointing out towards them.
At this stage, witness has correctly identified the accused Shahbuddin, S/o Abdul, accused Rizwan, Rajesh @ Puteya by pointing out towards them and not by names as the persons who had managed to escape from the spot.
At this stage witness has correctly identified the accused Wasim, Sita Ram, Kailash, Asif by name and also by pointing out towards them as the persons who were apprehended at the spot.
There were two kattas recovered from the hands of assailants i.e. one was recovered from the hand of Asif and Salim were handed over to SI Mahavir Singh. The pickup was then inspected and it was found to contain three slaughtered and skinned cows and one plastic katta in open condition containing stones. When the search was conducted inside the cabin four knives and three pointed rods and three hooked iron rods were recovered by SI Mahavir Singh under the driver seat.
Thereafter SI Mahavir Singh prepared the rukka and send the same to the police station for registration of the case and also seized the various rods, knives and the kattas/country made pistols recovered at the spot. After the registration of the case Insp. Gajender Singh SHO Kanjhawala to whom the further investigations were marked had come to the spot and conducted the further proceedings......."
(154) He has also been crossexamined by the Ld. Defence Counsel at length wherein he has admitted that he is not a witness to any St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 211 of the documents and has explained that he was present at the spot at the time of the investigations but did not sign any of the documents which were prepared by Inspector Gajender Singh or by SI Mahavir Singh. He has also stated that in his presence SI Mahavir did not lift any chance prints allegedly recovered from the hands of Asif and Mohd. Salim. The witness has explained that the rukka was written by SI Mahavir at the spot itself while sitting inside the official gypsy. He has further explained that the Investigating Officer SI Mahavir Singh had requested some public persons to join the proceedings after the katta was recovered from the hands of Asif and Salim but none agreed.
(155) The above testimonies of both Inspector Swadesh Prakash (CW1) and Inspector Jasmohinder Singh (PW22) find due corroboration and confirmation from the testimonies of other members of the police team i.e. HC Surender Dahiya (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct. Subhash (PW29), Ct. Dhanraj (PW30), Ct. Pawan (PW31), Inspector Gajender (PW33). (156) A combined reading of the testimonies of the witnesses i.e. Inspector Jasmohinder Chaudhary (PW22), HC Surender Dahiya (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct. Subhash (PW29), Ct. Dhanraj (PW30), Ct. Pawan (PW31), Inspector Gajender (PW33) and Inspector Swadesh Prakash (CW1) the following aspects stand established:
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 212
➢ That in the wake of large number of incidents of cow slaughtering in Outer District a special team comprising of officials of Special Staff, Outer District and officials of Police Station Vijay Vihar was constituted on 14.5.2010 to apprehend the criminals involved in the crime (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC Rakesh PW27, HC RohtashPW28, Ct. SubhashPW29, Ct. Dhanraj PW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That on the same day all the members of the team were present in Police Station Vijay Vihar during the night and at about 3:00 AM a secret information was received by SI Mahavir Singh that criminals involved in such crime would be coming/ passing through the area of Outer District in a pickup van and the last digits of the van were 7786 (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That as per the information there might be slaughtered cows in the van and the criminals might be carrying deadly weapons (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender Dahiya PW24, HC Hari ChandPW26, HC RakeshPW27, HC Rohtash St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 213 PW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That this information was shared by SI Mahavir with Inspector Swadesh Prakash, the then SHO of Police Station Vijay Vihar and other members of the team (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That after getting briefing from Inspector Swadesh Prakash and SI Mahavir Singh the team along with the secret informer proceeded towards the place where the suspected criminals were suppose to come (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC Rakesh PW27, HC RohtashPW28, Ct. SubhashPW29, Ct. Dhanraj PW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That all the team members had gone there by private vehicles whereas Inspector Swadesh Prakash reached the spot separately from the team in his official Gypsy bearing no. DL 1C J 4854 (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 214 PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That at about 4:004:15 AM the team was again briefed by SI Mahavir Singh on Rani Khera village road towards the road which leads to Mundka Phatak and after proper briefing the staff was deployed by SI Mahavir Singh (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That at about 4:45 AM a white colored pickup van bearing No. UP14M7786 was seen coming from Mundka Fatak side and proceedings towards Rani Khera village (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That on the pointing out of secret informer all the members of the team were put on alert by signaling that the criminals had arrived (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 215 PrakashCW1).
➢ That HC Surender Dhaiya and Ct. Pawan had already been directed to put big stones in the middle of the road to force stop the vehicle (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That the driver of the pickup van was indicated to stop the vehicle but since he did not stop hence as per the plan HC Surender and Ct. Pawan put big stones on the road in order to stop the said vehicle but the driver severed the vehicle to one side and tried to escape from there (proved by Inspector Jasmohinder Chaudhary PW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That the SHO Police Station Vijay Vihar was already waiting on the road in his official gypsy while the other police team followed the pickup van on their vehicles (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 216 and Inspector Swadesh PrakashCW1).
➢ That SHO Police Station Vijay Vihar tried to obstruct the pickup van by putting his official gypsy on the road but the driver of the pickup van again escaped by turning the vehicle on the other side. ➢ That the persons sitting in the pickup van simultaneously started throwing stones on the police party (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That one stone hit the official gypsy of the SHO Police Station Vijay Vihar which resulted into smashing of the front glass/ wind screen of the official gypsy (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1 and apparent and finds confirmation from the photograph Ex.CW1/B2). ➢ That finding themselves surrounded the driver of the pickup van was compelled to stop and all the persons sitting inside it jumped out and started running in different directions (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 217 SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That one of the persons who was trying to escape fired at police party which hit the bonnet of the gypsy of the SHO Police Station Vijay Vihar (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC Rakesh PW27, HC RohtashPW28, Ct. SubhashPW29, Ct. Dhanraj PW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1 and also seen in photograph Ex.CW1/B11).
➢ That HC Rohtash and Ct. Sandeep overpowered the said person who had fired and managed to apprehend him and snatched the katta from his hand whose name was later revealed as Asif (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender Dahiya PW24, HC Hari ChandPW26, HC RakeshPW27, HC Rohtash PW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That in the meanwhile another accused who was running away also took out a katta and as soon as he was about to fire on the police officials following him he was apprehended by HC Surender Dahiya with the help of Ct. Hari Chand and Ct. Kuldeep whose name was later revealed as Salim (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 218 Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That four other persons who were trying to escape were also apprehended by the other members of the police party whereas five-six persons managed to escape from the spot (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender Dahiya PW24, HC Hari ChandPW26, HC RakeshPW27, HC Rohtash PW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That the person who had fired on the police party which fire had hit the bonnet of official Gypsy of SHO Police Station Vijay Vihar disclosed his name as Asif (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1 and bullet mark confirmed from the photograph Ex.CW1/B11). ➢ That the person who was apprehended by HC Surender Dahiya and others with a katta in his hand when he was about to fire on the police party disclosed his name as Saleem (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 219 SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That four persons who were trying to escape and were apprehended by Ct. Pawan, Ct. Ajit, HC Rakesh, Ct. Subhash and Ct. Dhanraj who disclosed their names as Yakub (apprehended by Ct. Ajeet and Ct. Pawan), Wasim (apprehended by HC Rakesh), Sita Ram (apprehended by Ct. Subhash) and Kailash (apprehended by Ct. Dhanraj) (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That other accused/ assailants managed to flee/ escape from the spot and on interrogation of the apprehended accused the names of these assailants who escaped were disclosed as Bholu, Gulfam, Shahbuddin, Khalid, Rizwan, Rajesh @ Puteya and Siraj (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That one country made pistol (Ex.P1) with one empty cartridge St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 220 (Ex.P2A) and one live cartridge (Ex.P2) was recovered from the possession of accused Asif (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That one country made pistol (Ex.P3) with one live cartridge (Ex.P4) was also recovered from the possession of accused Saleem (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC Rakesh PW27, HC RohtashPW28, Ct. SubhashPW29, Ct. Dhanraj PW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That the pickup was then inspected and it was found to contain three slaughtered and skinned cows and one plastic katta in open condition containing stones (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1 and also can be seen in photographs Ex.CW1/B4 and Ex.CW1/B5).
➢ That when the search was conducted inside the cabin four knives, three pointed rods and three hooked iron rods were recovered St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 221 under the driver seat (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1 as also can be seen in photograph Ex.CW1/B9).
➢ That thereafter SI Mahavir Singh prepared the rukka and send the same to the police station for registration of the case and also seized the various rods, knives and the kattas/country made pistols recovered from the vehicle (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That after registration of case Inspector Gajender Singh the then SHO Police Station Kanjhawla reached the spot (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender Dahiya PW24, HC Hari ChandPW26, HC RakeshPW27, HC Rohtash PW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That all the accused apprehended at the spot alongwith the case property and documents were handed over to Inspector Gajender Singh by SI Mahavir (proved by Inspector Jasmohinder St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 222 ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That thereafter Inspector Gajender Singh prepared the arrest memos of all the accused persons, conducted their personal search and prepared their memos and then recorded their disclosure statements (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC Rakesh PW27, HC RohtashPW28, Ct. SubhashPW29, Ct. Dhanraj PW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That four knives, three pointed rods and three hooked iron rods were also taken into possession and the offending vehicle bearing no. UP 14 M 7786 containing the remains of the slaughtered cows alongwith the contents i.e. the carcasses, flesh etc. was also taken into possession and seized (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
(157) The Ocular Evidence in the form of testimonies of the above witnesses finds independent support and confirmation from the Expert/ St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 223 Forensic and circumstantial evidence which has come on record.
Sequence of Events as they emerge on the basis of ocular evidence:
(158) On the basis of the ocular evidence which has come on record as discussed herein above the sequence of events which now emerges is as under:
Sr. Date Time Event Proved by
No.
1 14.5.2010 3:15 AM One secret informer informed at Inspector
PS Vijay Vihar that some people Jasmohinder
involved in cows slaughtering Chaudhary (PW22), will come in Mahendra Pick up HC Surender Dahiya Van bearing No. 7786 and (PW24), HC Hari passed through the area of Police Chand (PW26), HC Station Kanjhawala. It was also Rakesh (PW27), HC informed that the assailants may Rohtash (PW28), Ct.
some weapons with them and if Subhash (PW29), raid is conducted they may be Ct. Dhanraj (PW30), caught. Ct. Pawan (PW31) and Inspector Swadesh Prakash (CW1) 2 14.5.2010 3:45 AM On receipt of above mentioned Inspector information the raiding party Jasmohinder reached on Rani Khera Mod near Chaudhary (PW22), Mundka, Delhi along with HC Surender Dahiya informer. (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct.
Subhash (PW29), Ct. Dhanraj (PW30), Ct. Pawan (PW31) and Inspector St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 224 Swadesh Prakash (CW1) 3 14.5.2010 4:45 AM One Mahendra pick up van was Inspector seen coming from Mundka Fatak Jasmohinder being driving rashly on which Chaudhary (PW22), the secret informer gave a signal. HC Surender Dahiya The IO gave a signal to stop but (PW24), HC Hari the driver of the van tried to run Chand (PW26), HC away and the persons sitting in Rakesh (PW27), HC the van thrown stones on the Rohtash (PW28), Ct. Govt. vehicle and one of them Subhash (PW29), and one of them fired on Govt. Ct. Dhanraj (PW30), Gypsy. The bullet hit at the Ct. Pawan (PW31) bonnet of the Govt. Gypsy. Later and Inspector on, the Mahendra pick up van Swadesh Prakash was stopped and some of the (CW1) persons tried to run away and some of them were caught. Aasif was caught by HC Rohtash and Ct. Sandeep; Salim was caught by HC Surender Ct. Kuldeep and Ct. Hari Chand; Mohd. Yakub was caught by Ct. Pawan and Ct.
Ajit; Wasim was caught by HC Rakesh; Kailash was caught by Ct. Dhanraj; Sitaram was caught by Ct. Subhash. HC Rohtash recovered country made pistol from the right hand of Aasif and one live cartridge was recovered from the right pocket of his pant and handed over to SI Mahavir. On checking the country made pistol, one used cartridges was found in the chamber. One country made pistol was recovered from the right hand of the Salim containing one live cartridges.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 225 On checking of Mahindra Pickup van UP 14M7786, slaughtered cows, one plastic Katta containing stones, three iron rod hooks, two iron rods hooked from both side or one iron rod hooked from one side were found underneath the driver seat.
However, accused Rizwan, Siraj, Rajesh @ Putia, Shabbudin, Gulfaam and Khalid succeeded to flee away from the spot.
4 2.6.2010 3:30 PM The accused Bholu was arrested Ct. Kuldeep pursuant to a secret information (PW25), SI Praveen on 2.6.2010 from his Godown at Atri (PW32) and Chanakya Place in Uttam Nagar Inspector Gajender which is the same place from (PW33) where the accused Asif got recovered three slaughtered cows.
5 23.1.2012 Accused Gulfam, Rajesh @ Putiya, Rizwan, Shahbuddin and Siraj were declared Proclaimed Offenders (Note: Accused Saleem absconded later).
6 12.9.2012 3:00 PM The accused Siraj was ASI Suresh Rana apprehended by the officials of (PW14), HC Raj Special Staff pursuant to a secret Kumar (PW15), SI information on 4.9.2012 from Rajesh Kumar near the office of Delhi Jal (PW21) Board, Sector 8 Rohini, Delhi 7 16.2.2013 3:50 PM The accused Rizwan was Ct. Sunil (PW13) arrested on 16.02.2013 when the and SI Sudhir Rathi local police came to know that (PW35) the accused Rizwan S/o Mobin, R/o Meerut was in Judicial custody in other case relating to Police Station Crime Branch.
8 10.4.2013 2:30 PM The accused Gulfam was Ct. Rakesh (PW5), arrested by the officials of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 226 Special Staff on 9.4.2013 HC Neeraj Rana pursuant to a secret information (PW18) and SI from near Mangolpuri Railway Sudhir Rathi Station (PW35) 9 8.5.2013 11:00 AM Accused Rajesh @ Puteya was HC Raj Kumar apprehended by the officials of (PW15), HC Gulab Special Staff on 22.4.2013 Singh (PW19) and Shamshan Ghat, Sector 8, SI Arun Lather Rohini, Vijay Vihar (PW20) 10 4.7.2013 1:30 PM Accused Shahbuddin was Ct. Ashok (PW4), apprehended on 1.7.2013 from HC Devender Gulwathi Cattle Fare, UP (PW17), HC Gulab pursuant to a secret information Singh (PW19) and SI Sudhir Rathi (PW35) Apprehension/ Arrest of the accused: Their Disclosure Statements - Admissibility:
(159) Coming first to the aspect of the apprehension and arrest of the accused, I may observe that in so far as the accused Asif, Wasim, Sita Ram and Kailash are concerned they had been apprehended at the spot itself along with their associates namely Yakub (who had expired in an encounter which later took place in a similar incident when he was trying to flee after lifting cattle in which case i.e. FIR No. 32/2013, PS Subhash Place, under the title 'State Vs. Ankur Etc.' the accused Asif who is the main kingpin has already been convicted).
(160) In so far as the accused Saleem and Khalid are concerned they are Proclaimed Offenders).
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 227 (161) In so far as the accused Bholu is concerned, Inspector Gajender Singh (PW33) has proved that on 02.06.2010 he received a secret information that the coaccused Bholu was present in his godown at Chanakya Place in Uttam Nagar on which he alongwith SI Praveen Atri (PW32), Ct. Kuldeep (PW25) and Ct. Jai Prakash reached there and the accused Bholu was apprehended from there. He has proved having arrested the accused Bholu vide memo Ex.PW25/A, his personal search was also conducted vide memo Ex.PW25/B and his disclosure statement was also recorded which is Ex.PW25/C. The accused Bholu has been correctly identified by Inspector Swadesh Prakash (CW1) as the person who had escaped from the spot on the date of incident. (162) Now coming to the accused Siraj who was initially declared as Proclaimed Offender. ASI Suresh Rana (PW14) has proved that on 04.09.2012 at around 2:00 PM he received a secret information that the accused Siraj who is original resident of UP and is involved in large number of cases of cow slaughter in Delhi would be coming in front of office of Delhi Jal Board, Sector 8 Rohini, Delhi at 3:00 PM. He has proved that pursuant to the same he along with HC Jagdish, HC Raj Kumar, HC Charanjeet, HC Narender and Ct. Bijender reached the office of the Delhi Jal Board at around 2:30 PM where at around 3:00PM one person was found walking down from Kanjhawala side towards Lal Quarter Vijay Vihar and was pointed out by secret informer on which St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 228 they apprehended him. On interrogation the said person confirmed his name as Siraj S/o Rizajuddin, R/o Kabuli wala gate, Mawana, Meerut, U.P. on which he arrested him vide memo Ex.PW14/A and prepared the Kalandara U/s 41.1 which is Ex.PW14/D. SI Rajesh Kumar (PW21) has proved that on 04.09.2012 he received DD No. 76B which is Ex.PW21/A that Siraj, the Proclaimed Offender in this case had been apprehended by Special Staff on which he collected the kalandara and copies of other documents from ASI Suresh Rana and after obtaining the permission from Ld. Illaka Magistrate on 12.09.2012 he went to Central Jail Tihar where he formally arrested the accused Siraj vide memo Ex.PW21/B and also recorded his disclosure statement which is Ex.PW21/C. In the Court the accused Siraj has been duly identified by Inspector Swadesh Prakash (CW1) as the person who had managed to escape from the spot on the date of incident.
(163) In so far as the accused Rizwan is concerned, HC Raj Kumar (PW16) has proved that on 11.02.2013 he came to know that the accused Rizwan S/o Mobin, R/o Meerut was in Judicial custody in other case relating to Police Station Crime Branch on which he applied for the production warrant. SI Sudhir Rathi (PW35) has proved that on 16.02.2013 he went to the Court of the Area Magistrate Sh. Sushil Anuj Tyagi and moved the request for formal arrest of the accused and to interrogate the accused Rizwan who was produced in a muffled face St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 229 before the Ld. Magistrate. He has also proved that after permission from the Ld. MM he along with Ct. Sudhir interrogated the accused Rizwan and then formally arrested him vide memo Ex.PW13/A and recorded his disclosure statement which is Ex.PW13/B. In the Court the accused Rizwan has been duly identified by Inspector Jasmohinder (PW22), HC Surender Dahiya (PW24), Ct. Dhanraj (PW30), Ct. Pawan (PW31) and Inspector Swadesh Prakash (CW1) as the person who had managed to escape from the spot on the date of incident. (164) Coming next to the accused Gulfam, HC Neeraj Rana (PW18) has proved that on 09.04.2013 he received a secret information that one person belonging to the Cow Slaughtering Gang who was a Proclaimed Offender in the present case and whose associates had already been arrested previously would be coming Railway Station Mangolpuri. He has also proved that he along with HC Devender, HC Surender, HC Gulab and the secret informer left the office at 4:20 PM vide DD No. 10 and reached near Mangolpuri Railway station at about 4:45 PM and at around 5:30 PM at the instance of secret informer the accused Gulfam S/o Ismail, R/o Hapur Chungi, Meerut was apprehended and arrested vide memo Ex.PW18/A and the Kalandara U/s 41.1(c) Cr.P.C. was prepared which is Ex.PW18/C. Pursuant to the same information was sent to Police Station Kanjhawla. SI Sudhir Rathi (PW35) has proved that on 09.04.2013 he received information from HC Neeraj of Special Staff, St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 230 Outer District regarding the apprehension of the Proclaimed Offender accused Gulfam and was also informed by the SHO Police Station Kanjhawala that he was to be produced before the Area Magistrate on 10.04.2013. He has proved that he along with Ct. Rakesh went to the Court of the Area Magistrate Sh. Sushil Anuj Tyagi and after taking the permission from the Ld. MM he along with Ct. Rakesh interrogated the accused Gulfam outside the court, after which he formally arrested him vide memo Ex.PW5/A and recorded his disclosure statement which is Ex.PW5/B. In the Court the accused Gulfam has been duly identified by HC Surender Dahiya (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct. Subhash (PW29), Ct. Dhanraj (PW30) and Inspector Swadesh Prakash (CW1) as the person who had managed to escape from the spot on the date of incident. (165) In so far as the accused Rajesh @ Puteya is concerned, HC Raj Kumar (PW15) has proved that on 22.04.2013 a secret information was received that the accused Puteya R/o village Kishore, District Alwar, Rajasthan who is involved in large cases of cows slaughtering and wanted in large number of cases in Delhi would be coming to Shamshan Ghat, Sector 8, Rohini, Vijay Vihar between 5:006:00 PM. Pursuant to which he along with HC Gulab and HC Neeraj Rana reached at Shamshan Ghat Road, Sector 8, Rohini and at around 5:45 PM the accused Rajesh @ Puteya S/o Dhariya, R/o Village & Post Office Kishore, Police Station St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 231 Gazi, District Alwar, Rajasthan was apprehended. On interrogation he disclosed about his involvement in the present case after which he was arrested vide memo Ex.PW15/A, his disclosure statement was recorded vide Ex.PW15/B and he prepared the Kalandara U/s 41.1 Cr.P.C. which is Ex.PW15/C. Further, SI Arun Lather (PW20) has proved that on 22.04.2013 he received information regarding apprehension and arrest of accused Rajesh @ Puteya who had been remanded to Judicial Custody, pursuant to which on 26.04.2013 he went to the office of Special Staff and recorded the statements of official witnesses who had arrested the accused Rajesh @ Puteya and obtained the copy of the Kalandra which is Ex.PW15/C. He has further proved that on 03.05.2013 after taking the permission from the Ld. MM he went to jail on 08.05.2013 and pursuant to the order of the Ld. MM he formally arrested the accused Rajesh @ Puteya in the jail itself vide arrest memo Ex.PW20/B. In the Court the accused Rajesh @ Puteya has been duly identified by Inspector Jasmohinder (PW22), HC Surender Dahiya (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct. Subhash (PW29), Ct. Dhanraj (PW30), Ct. Pawan (PW31) and Inspector Swadesh Prakash (CW1) as the person who had managed to escape from the spot on the date of incident.
(166) Coming now to the accused Shabuddin, HC Devender Singh (PW17) has proved that on 01.07.2013 he received a secret St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 232 information that one person by the name of Shahbuddin who was declared as Proclaimed Offender in the present case was present in Hapur. Pursuant to the said information he along with HC Gulab, Ct. Bijender and Ct. Karamveer went to Hapur bypass where they met a secret informer who informed them that there was a cattle fare at Tehsil Gulwathi and Shahbuddin was present there. Thereafter they all went to Gulwathi cattle fare where on the pointing out of the secret informer, they apprehended the accused Shahbuddin S/o Mohd. Rashid R/o Aliganj, Rampur Road, Hapur and arrested him vide memo Ex.PW17/A and he prepared the Kalandara U/s 41.1(c) Cr.P.C. which is Ex.PW17/B after which information was sent to Police Station Kanjhawala. Thereafter the accused Shahbuddin was arrested in the present case. In the Court the accused Shahbuddin has been duly identified by Inspector Jasmohinder (PW22), Ct. Subhash (PW29), Ct. Dhanraj (PW30) and Inspector Swadesh Prakash (CW1) as the person who had managed to escape from the spot on the date of incident.
(167) For the sake of convenience the details of all the accused along with the place of their apprehension/ arrest and the prosecution witnesses who have been able to identify them in the Court is put in a tabulated form as under:
Sr. Name of Date and place of Witnesses who have identified No. the accused apprehension/ Recovery the accused in the Court 1 Asif Apprehended at the place ➢Inspector Jasmohinder of occurrence i.e. Road Chaudhary (PW22) St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 233 Mundka to Rani Khera, ➢HC Surender Dahiya (PW24) near Village Rani Khera, ➢HC Hari Chand (PW26) Delhi while he tried to escape from the pickup ➢HC Rakesh (PW27) van bearing No. ➢HC Rohtash (PW28) UP14M7786 which was ➢Ct. Subhash (PW29) loaded with slaughtered cows. ➢Ct. Dhanraj (PW30) ➢Ct. Pawan (PW31) One Country made pistol, one used and one live ➢Inspector Swadesh Prakash (CW1) cartridges were recovered from his possession.
(Note: The Ballistic Report Ex.PW7/A establishes the use of this firearm in the incident) 2 Sita Ram Apprehended at the place ➢Inspector Jasmohinder of occurrence i.e. Road Chaudhary (PW22) Mundka to Rani Khera, ➢HC Surender Dahiya (PW24) near Village Rani Khera, Delhi while he tried to ➢HC Hari Chand (PW26) escape from the pickup ➢HC Rakesh (PW27) van bearing No. ➢HC Rohtash (PW28) UP14M7786 which was loaded with slaughtered ➢Ct. Subhash (PW29) cows. ➢Ct. Dhanraj (PW30) ➢Ct. Pawan (PW31) ➢Inspector Swadesh Prakash (CW1) 3 Wasim Apprehended at the place ➢Inspector Jasmohinder of occurrence i.e. Road Chaudhary (PW22) Mundka to Rani Khera, ➢HC Surender Dahiya (PW24) near Village Rani Khera, Delhi while he tried to ➢HC Hari Chand (PW26) escape from the pickup ➢HC Rakesh (PW27) van bearing No. ➢HC Rohtash (PW28) UP14M7786 which was loaded with slaughtered ➢Ct. Subhash (PW29) St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 234 cows. ➢Ct. Dhanraj (PW30) ➢Ct. Pawan (PW31) ➢Inspector Swadesh Prakash (CW1)
4. Kailash Apprehended at the place ➢Inspector Jasmohinder of occurrence i.e. Road Chaudhary (PW22) Mundka to Rani Khera, ➢HC Surender Dahiya (PW24) near Village Rani Khera, Delhi while he tried to ➢HC Hari Chand (PW26) escape from the pickup ➢HC Rakesh (PW27) van bearing No. ➢HC Rohtash (PW28) UP14M7786 which was loaded with slaughtered ➢Ct. Subhash (PW29) cows. ➢Ct. Dhanraj (PW30) ➢Ct. Pawan (PW31) ➢Inspector Swadesh Prakash (CW1)
5. Bholu Apprehended pursuant to a ➢Ct. Kuldeep (PW25) secret information on ➢SI Praveen Atri (PW32) 2.6.2010 from his ➢Inspector Gajender (PW33) godown at Chanakya Place in Uttam Nagar ➢Inspector Swadesh Prakash which is the same (CW1) place from where the accused Asif got recovered three slaughtered cows.
6. Siraaj Apprehended by the ➢ASI Suresh Rana (PW14) officials of Special Staff ➢HC Raj Kumar (PW15) pursuant to a secret information on 4.9.2012 ➢SI Rajesh Kumar (PW21) from near the office of ➢Inspector Swadesh Prakash Delhi Jal Board, Sector 8 (CW1) Rohini, Delhi
7. Rizwan Arrested on 16.02.2013 ➢Ct. Sunil (PW13) when the local police came ➢Inspector Jasmohinder to know that the accused St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 235 Rizwan S/o Mobin, R/o Chaudhary (PW22) Meerut was in Judicial ➢HC Surender Dahiya (PW24) custody in other case relating to Police Station ➢Ct. Dhanraj (PW30) Crime Branch. ➢SI Sudhir Rathi (PW35) ➢Inspector Swadesh Prakash (CW1)
8. Gulfaam Arrested by the officials of ➢Ct. Rakesh (PW5) Special Staff on 9.4.2013 ➢HC Neeraj Rana (PW18) pursuant to a secret information from near ➢HC Surender Dahiya (PW24) Mangolpuri Railway ➢HC Hari Chand (PW26) Station ➢HC Rakesh (PW27) ➢HC Rohtash (PW28) ➢Ct. Subhash (PW29) ➢Ct. Dhanraj (PW30) ➢SI Sudhir Rathi (PW35) ➢Inspector Swadesh Prakash (CW1)
9. Shabuddin Apprehended pursuant to a ➢Ct. Ashok (PW4) secret information on ➢HC Devender (PW17) 1.7.2013 from Gulwathi cattle fare, UP ➢HC Gulab Singh (PW19) ➢HC Rohtash (PW28) ➢Ct. Dhanraj (PW30) ➢SI Sudhir Rathi (PW35) ➢Inspector Swadesh Prakash (CW1)
10. Rajesh @ Apprehended by the ➢HC Raj Kumar (PW15) Putia officials of Special Staff on ➢HC Gulab Singh (PW19) 22.4.2013 Shamshan Ghat, Sector 8, Rohini, Vijay ➢SI Arun Lather (PW20) Vihar ➢Inspector Jasmohinder Chaudhary (PW22) St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 236 ➢HC Surender Dahiya (PW24) ➢HC Hari Chand (PW26) ➢HC Rakesh (PW27) ➢HC Rohtash (PW28) ➢Ct. Subhash (PW29) ➢Ct. Dhanraj (PW30) ➢Inspector Swadesh Prakash (CW1) (168) Ld. Defence Counsels for the accused have vehemently argued that all the witnesses who have identified the accused in the Court are police officials and hence their testimonies cannot be relied upon. I have considered the submissions made before me and I may observe that there is no reason to disbelieve the testimonies of the police officials regarding the incident and apprehension and arrest of the accused Asif, Bholu, Kailash, Rizwan, Wasim, Sita Ram, Gulfam, Siraz, Shahabuddin and Rajesh @ Putia. Their testimonies cannot be rejected merely because they happen to be police officers. As observed by the Hon'ble Supreme Court in the case of Tahir Vs. State reported in (1996) 3 SCC 338, no infirmity can be attached to the testimony of police officials merely because they belong to the police force. It was observed in the case of Aner Raja Khima Vs. The State of Saurashtra reported in AIR 1956 SC 217 that the presumption that a person acts honestly and legally applies as much in favour of police officers as of others. It is not proper and permissible to doubt the evidence of police officers. Judicial St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 237 approach must not be to distrust and suspect their evidence on oath without good and sufficient ground thereof. These two authorities were also relied upon by Hon'ble High Court in the case of Aslam & Ors. (Mohd.) Vs. State reported in 2010 III AD (Delhi) 133. (169) I may further observe that the above police witnesses are competent witnesses who were not only eye witnesses but had put their lives at risk while following the accused who were pelting stones on them and the accused Asif had even fired at them. Apart from the fact that they are eye witnesses to the incident, their testimonies find independent support and confirmation from the medical, forensic and circumstantial evidence in the form of photographs taken at the spot (as discussed separately) and coupled with the fact that the accused Asif, Salim (Proclaimed Offender), Kailash, Yakub (deceased), Wasim and Sita Ram were apprehended at the spot of incident itself, there is no reason why their testimonies should be looked into with suspicion. I, therefore, hold the testimonies of Inspector Jasmohinder Chaudhary (PW22), HC Surender Dahiya (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct. Subhash (PW29), Ct. Dhanraj (PW30), Ct. Pawan (PW31), Inspector Gajender (PW33) and Inspector Swadesh Prakash (CW1) are reliable, truthful and credible and cannot be rejected merely because they happen to be police officers. I further hold that the Ocular Evidence on record is compatible to the prosecution case that the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 238 Shahabuddin and Rajesh @ Puteya along with Saleem (Proclaimed Offender), Khalid (not arrested) and Yakub (since expired) in furtherance of their common intention voluntarily obstructed SI Mahavir Singh and his team members who are public servants in discharge of their public functions and also assaulted or used criminal force on SI Mahavir Singh and other raiding team members being public servants in the execution of their duties as such public servants with the intent to prevent or deter SI Mahavir Singh and his team members from discharging their duties as such public servants. It has also been proved and established that all the accused in furtherance of their common intention fired upon SI Mahavir Singh and other raiding team members by firearms with such intention or knowledge and under such circumstances that if they all by their act caused the death of SI Mahavir Singh or other raiding team members, they all would be guilty of murder. Further, the prosecution has been able to prove and establish that the accused persons in furtherance of their common intention committed mischief by killing three cows of the value of Rs.50/ and upwards and also committed mischief by throwing stones and by firing from the firearms on the official vehicle of SHO Police Station Vijay Vihar i.e. a public property. It also stands established that the accused persons in furtherance of their common intention transported the agriculture cattle from within and outside Delhi for purpose of slaughtering in contravention of provisions of Delhi Agriculture Cattle Preservation Act and found in possession of slaughtered/ flesh of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 239 Agriculture Cattle i.e. two cows in their vehicle bearing No. UP14M7786 Mahendra Pickup.
(170) Coming now to the disclosure statements made by the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahbuddin and Rajesh @ Putiya pursuant to their arrest and to the admissibility of these statements, I may observe that it is the case of the prosecution that the statement of these accused which lead to the disclosure of relevant facts as well as relevant events would be admissible in evidence. It is argued by the Ld. Addl. PP that the Investigating officer was not aware of the names and details of the accused who had escaped from the spot and it is only pursuant to the disclosure statements made by the accused apprehended at the spot that is Asif, Sita Ram, Wasim, Kailash, Salim (Proclaimed Offender) and Yakub (deceased) that the Investigating Agency came to know the names of the accused who had absconded as Bholu, Siraj, Rizwan, Gulfam, Shahbuddin, Rajesh @ Putiya and Khalid (Proclaimed Offender) and hence the disclosure statements of the apprehended accused would be admissible in evidence in this regard. It is also argued that the manner in which the entire operation was being conducted was not within the knowledge of the Investigating Agency and it was only pursuant to the disclosures made by the accused that it came to be known. It is further argued that the final destination where the slaughtered/ skinned cattle were kept till their illegal sale was again not within the knowledge of the police till the time St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 240 it was disclosed by the accused particularly Asif who led the Investigating Officer to the godown of accused Bholu S/o Babu Khan at House No. 27, Block A3, Chanakya Place in Uttam Nagar from where he got recovered three slaughtered cows which were seized vide memo Ex.PW32/A. (171) Ld. Defence Counsel has vehemently argued that the disclosure statement of the accused Asif is inadmissible in evidence being hit by the provisions of Section 25 of Evidence Act. It is also argued that the recovery has been planted only to connect accused Asif and Bholu to the offence.
(172) I have considered the submissions made before me. Before coming to the merits of the arguments advanced before me, I may observe that as per the provisions of Section 27 of Evidence Act, which is in the nature of a proviso to Section 26 of the Act, to the extent it is relevant, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved. Thus the requirement of law is that before the fact discovered in consequence of an information received from an accused is allowed to be proved, he (accused) needs to be in the custody of a police officer.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 241 (173) Section 3 of the Indian Evidence Act explains the meaning of the word Fact. It provides that a fact means and includes:
1. Anything, state of things, or relation of things, or capable of being perceived by the senses,
2. Any mental condition of which any person is conscious.
(174) It further provides five illustrations as to what would constitute a fact which are as under:
(a) That there are certain objects arranged in a certain order in a certain place, is a fact
(b) That a man heard or saw something, is a fact.
(c) That a man said certain words, is a fact.
(d) That a man holds a certain opinion, has a certain intention,
acts in good faith, or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.
(e) That a man has a certain reputation, is a fact. (175) A cojoint reading of Section 3 and Section 27 of Evidence Act would apply that as much of the statement as would relate to the discovery of fact connected with the accused would be admissible in evidence. The discovery of the fact is not only the discovery of the articles but also the discovery of the fact that the articles were kept by a particular accused at a particular place because in principle there is no difference between the statement made by the accused to the effect that "I will show you the person to whom I have given the articles" and the statement that "I will show you the place where I have kept the articles". St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 242 (176) The Hon'ble Supreme Court in the case of K. Chinnaswamy Reddy Vs. State of A.P. reported in AIR 1962 SC 1788 had exhaustively discussed the scope and ambit of Section 27 of the Evidence Act had considered the question as to whether the statement of the accused to the effect that "he had hidden them (the ornaments)" and "would point out the place", where they were, is wholly admissible in evidence under S. 27 or only that part of it is admissible where he stated that he would point out the place but not that part where he stated that he had hidden the ornaments. In the above case the Ld. Sessions Judge had relied upon the judgment of Pulukuri Kotayya Vs. KingEmperor reported in 74 Ind App 65: AIR 1947 PC 67 where a part of the statement leading to the recovery of a knife in a murder case was held inadmissible by the Judicial Committee. It was observed by My Lords of the Hon'ble Supreme Court that in the above case (Pulukuri Kotayya) the Judicial Committee considered S. 27 of the Indian Evidence Act, as under: "....Provided that when any fact is deposed to as discovered in consequence of information received from a person, accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved......"
".... this section is an exception to Ss. 25 and 26 which prohibit the proof of a confession made to a police officer or a confession made while a person is in police custody unless it is made in immediate presence of a Magistrate. Section 27 allows that part of the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 243 statement made by the accused to the police "whether it amounts to a confession or not" which relates distinctly to the fact thereby discovered to be proved. Thus even a confessional statement before the police which distinctly relates to the discovery of a fact may be proved under S. 27. The Judicial Committee had in that case to consider how much of the information given by the accused to the police would be admissible under S. 27 and laid stress on the words "so much of such information. . . .. ...... as relates distinctly to the fact thereby discovered" in that connection. It held that the extent of the information admissible must depend on the exact nature of the fact discovered to which such information is required to relate. It was further pointed out that "the fact discovered embraces the place from which the object is produced and the knowledge of the accused as to this, and the information given must relate distinctly to this fact...."
"........Information as to past user, or the past history of the object produced is not related to its discovery in the setting in which it is discovered.
This was exemplified further by the Judicial Committee by observing that the information supplied by a person in custody that 'I will produce a knife concealed in the roof of my house' leads to the discovery of the fact that a knife is concealed in the house of the informant to his knowledge and if the knife is proved to have been used in the commission of the offence, the fact discovered is very relevant. If, however, to the statement the words be added 'with which I stabbed A', these words are inadmissible since they do not relate to the discovery of the knife in the house of the informant......" St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 244
(177) After considering the settled principles the Hon'ble Apex Court observed as under:
"......If we may respectfully say so, this case clearly brings out what part of the statement is admissible under S. 27. It is only that part which distinctly relates to the discovery which is admissible; but if any part of the statement distinctly relates to the discovery it will be admissible wholly and the court cannot say that it will excise one part of the statement because it is of a confessional nature. Section 27 makes that part of the statement which is distinctly related to the discovery admissible as a whole, whether it be in the nature of confession or not. Now the statement in this case is said to be that the appellant stated that he would show the place where he had hidden the ornaments. The Sessions Judge has held that part of this statement which is to the effect "where he had hidden them" is not admissible. It is clear that if that part of the statement is excised the remaining statement (namely, that he would show the place) would be completely meaningless. The whole of this statement in our opinion relates distinctly to the discovery of ornaments and is admissible under S. 27 of the Indian Evidence Act. The words "where he had hidden them" are not on a par with the words "with which I stabbed the deceased" in the example given in the judgment of the Judicial Committee. These words (namely, where he had hidden them) have nothing to do with the past history of the crime and are distinctly related to the actual discovery that took place by virtue of that statement. It is however urged that in a case where the offence consists of possession even the words "where he had hidden them" would be inadmissible as they St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 245 would amount to an admission by the accused that he was in possession. There are in our opinion two answers to this argument. In the first place S. 27 itself says that where the statement distinctly relates to the discovery it will be admissible whether it amounts to a confession or not. In the second place, these words by themselves though they may show possession of the appellant would not prove the offence, for after the articles have been recovered the prosecution has still to show that the articles recovered are connected with the crime, i.e., in this case, the prosecution will have to show that they are stolen property. We are, therefore, of opinion that the entire statement of the appellant (as well as of the other accused who stated that he had given the ornament to Bada Sab and would have it recovered from him) would be admissible in evidence and the Sessions Judge was wrong in ruling out part of it. Therefore, as relevant and admissible evidence was ruled out by the Sessions Judge, this is a fit case where the High Court would be entitled to set aside the finding of acquittal in revision though it is unfortunate that the High Court did not confine itself only to this point and went on to make rather strong remarks about other parts of the evidence...."
(178) Later in the year 1969 the Three Judges Bench of the Hon'ble Supreme Court has in the case of Zaffar Hussain Dastagir Vs. State of Maharastra reported in 1969 (2) SCC 872 while dealing with the applicability of the provisions of Section 27 of the Indian Evidence Act relied upon the case of K. Chinnaswamy Reddy Vs. State of A.P. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 246 observed as under:
"....in order that the Section may apply the prosecution must establish the information given by the accused led to the discovery of some fact deposed to by him and the discovery must be of some fact which the police had not previously learnt from other sources and that the knowledge of the fact was first derived from information given by the accused.
The essential ingredient of the Section is that the information given by the accused must led to the discovery of the fact which is the direct outcome of such information; secondly only such portion of the information given as is distinctly connected with the said discovery is admissible against the accused and thirdly the discovery of the fact must relate to the commission of some offence.
(179) In the said case the Hon'ble Supreme Court further went to explain that:
"..... In a case where the accused is charged with theft of articles or receiving stolen articles states to the police "I will show you the articles at the place where I have kept them" and the articles were actually found there, there can be no doubt that the information given by the accused led to the discovery of a fact that is keeping of the articles by the accused at the place mentioned. However, the discovery of the fact deposed to in such a case is not the discovery of the articles but the discovery of the fact that the articles were kept by the accused at a particular place. It was observed that in principle, there is no difference between the above statement and that made by the accused in the case St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 247 which in effect is that "I will show you the person whom I have given the diamonds exceeding 200 in number". The only difference between the two statements is that a "named person" is substituted for "the place" where the articles are kept. In neither case are the articles of the diamonds, in fact discovered. There can be no doubt that the portion of the alleged statement of the accused would be admissible in evidence......"
(180) In the recent past the Hon'ble Supreme Court has in the case of State (NCT of Delhi) Vs. Navjot Sandhu with Shaukat Hussain Guru Vs. State (NCT of Delhi) reported in AIR 2005 SC 3820 reinforced the above view when it observed that "discovery of fact" should be read with the definition of "fact" as contained in Section 3 of the Evidence Act which defines the "fact" as meaning and including anything, state of things or relation of things, capable of being perceived by the senses and also includes any mental condition of which any person is conscious (emphasis supplied). It was held that the provisions of Section 27 would apply whenever there is discovery which discovery amounts to be confirmatory in character guaranteeing the truth of the information given to which facts the police officer had no access earlier which also includes recovery of material object. The Hon'ble Court further observed that so much of the information as relates distinctly to the fact thereby discovered is admissible.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 248 (181) Applying the settled principles of law to the facts of the present case, it is evident that the manner in which the accused used to carry out the entire operation of slaughtering of cows; the details of other persons who had managed to escape from the spot; the places from where the accused had lifted the cows; the place where they had slaughtered these illegally lifted cows on the way while in transit and thereafter the final destination of these slaughtered cows, or the place where the beef were stored for further sale are all facts which were not within the knowledge of the Investigating Agency. It was also not within the knowledge of the Police as to in which manner the accused used to slaughter the lifted cows and which of the accused was doing what job. All this came to be known for the first time on account of the disclosures made by the accused Asif, Sita Ram, Wasim, Kailash, Salim (Proclaimed Offender) and Yakub (deceased) when they were apprehended at the spot itself with huge quantity of beef (freshly slaughtered cows). It was the accused Asif who pursuant to his disclosure statement led the police party to the godown of Bholu S/o Babu Khan at House No. 27, Block A3, Chankaya Place, Uttam Nagar, Delhi and got recovered three slaughtered and skinned cows so illegally lifted by them previously for sale in the market. In fact the accused Asif had disclosed to the Investigating Officer that he knew Rizwan, Siraj and Puteya who are all involved in slaughtering of cows and selling them. He disclosed that the relatives of Rajesh @ Puteya used to collect/ gather stray cows after which they gave St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 249 information to Rajesh @ Puteya and thereafter Puteya would go to the said place in the vehicle brought by Rizwan and Siraj and driven by Khalid, when accused Wasim, Salim, Sitaram and Kailsh would load/ unload the cattle in the vehicle. He also disclosed that after loading the cows in the pickup van they used to tie the legs and mouth of the cows and he and Yakub used to slaughter these cows at various places in Delhi whenever they found a dark spot with less movement of persons and then transport the slaughtered cows at the place so disclosed by Rizwan or conceal them at the Godown of accused Bholu. All the above aspects so disclosed by the accused Asif, Sita Ram, Wasim, Kailash, Salim (Proclaimed Offender) and Yakub (deceased) are disclosure of relevant facts and events as contemplated under Section 27 of Indian Evidence Act and hence admissible in evidence.
(182) What turns on the fact that accused Asif pointed out the place where they had slaughtered the cows and where they had hidden the same which place was not in the knowledge of the police until so disclosed by Asif when he led the police to the Godown of Bholu at House No. 27, Block A3, Chanakya Place, Uttam Nagar and got recovered huge quantity of beef i.e. slaughtered cows. Here, I may note that the accused Asif who is involved in large number of cases of cattle lifting and slaughtering has already been held guilty by this court in another case bearing FIR No.32/2013, Police Station Subhash Place, under the title 'State Vs. Ankur Etc.' and accordingly convicted. I may St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 250 further observe that in the said case the accused Yakub is also involved along with Asif and had expired in the crossfiring which took place between the police and Asif, Yakub and their associates in which case three cows, one calf and one buffalo were rescued from the tempo in which they were being taken after being lifted, for purposes of slaughtering. I may also observe that apart from the firearms recovered from the possession of accused Asif and Saleem (Proclaimed Offender), four knives, three pointed rods and three hooked iron rods were recovered under the driver seat of Mahendra Pickup van, which are the specially designed instruments used for purposes of slaughtering of cattle particularly the hooked and pointed rods which are used to immobilize the animal/ cattle after which the animal/ cattle is slaughtered with the knives. The fact that all these instruments were found present in the pick up van itself confirm that the entire operation of slaughtering of the illegally lifted cows is done while in transit after finding a convenient place. It is from the disclosure of these accused that it was confirmed that whenever they found a dark and convenient dark spot during night which was not visited by many persons they slaughtered the lifted cattle and skinned them after which the cattle was transported to the destinations. The reason for immediately slaughtering and skinning the lifted cattle is very obvious. Under the Delhi Agricultural Cattle Preservation Act, 1994 the punishment when found in possession of a living cattle is Five Years (Section 5/12 of the Act) whereas the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 251 maximum punishment contemplated when found in possession of slaughtered cattle is only One Year or fine (Section 8/13 of the Act). These gangs of cattle lifters are thus able to successfully evade an effective punishment provided under the Act by slaughtering and skinning these illegally lifted cattle almost immediately while in transit and then bargaining for lesser punishment. (183) In so far as the argument of the Ld. Defence Counsel that the slaughtered cattle were planted in the pickup van bearing No. UP14M7786 and also at the godown of accused Bholu at House No. 27, Block A3, Chanakya Place, Uttam Nagar is concerned, I may observe that the recovery of beef was huge i.e. 1210 Kgs (as proved by Ct. Jai PrakashPW11 who had taken this recovered beef to SLC Gazhipur and got the same weighed and then destroyed). It is impossible for the Investigating Agency to plant such huge quantity of beef openly on anybody not only because such an act of planting this huge quantity of beef would be very apparent and expose the Investigating Agency in case if it is done but also keeping in view the very strong religious sentiments attached against act of slaughtering of cows, the issue being highly sensitive and religiously volatile and explosive no sane person would risk the same.
(184) I, therefore, hold that the disclosure statement made by accused Asif, Sita Ram, Wasim and Kailash who were apprehended at the spot informing the name of their associates who had escaped as Bholu, St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 252 Siraj, Rizwan, Gulfam, Shahbuddin, Rajesh @ Putiya and Khalid (Proclaimed Offender) along with their residential addresses and details, is admissible in evidence being disclosure of a relevant fact disclosing the identity of escaped assailants which was not within the knowledge of the police previously. Further, the statements made by the accused Kailash, Sitaram, Asif and Wasim to the extent of disclosing that even previously they along with their associates i.e. Rizwan, Rajesh @ Puteya, Shahbuddin, Gulfam and Siraj had lifted stray cows from various places in Delhi i.e. Lal Quarter, Ganda nala, Vijay Vihar (in the previous month); Sector19, Dwarka (in the month of February); Rajiv Nagar (in the month of March); village Ranhola, Hirankudna, Baprola, Nangloi (in the month of August of 2009); village Kair (in the month of February); village Rawta - Jafarpur (in the month of April); Nihal Vihar (in the month of August 2009) and village Chandpur (in the month of February 2010) after which they took these legally lifted cattle to dark/ isolated spots where they i.e. Asif and Yakub slaughtered them and then stored the beef at the godown of Bholu. This fact was not in the knowledge of the police till they disclosed about the same and is hence admissible in evidence being disclosure of relevant fact. Further, the part of the disclosure statement of the accused Asif that after slaughtering and skinning the cows they keep the same in the godown of Bholu who was one of the persons who had escaped from the spot which godown is situated at House No. 27, Block A3, Chanakya Place, Uttam Nagar after St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 253 which he led the police party to the said godown from where the flesh of three slaughtered cows was recovered, is admissible in evidence and conclusively establishes that the cattle were being lifted for purposes of slaughter. Disclosure statements of these accused on this aspect are a very strong pointer towards the guilt of the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahbuddin and Rajesh @ Putiya.
Photographs of the Scene of Crime and Recreation of Scene of Crime by use of Electronic Google Map:
(185) During the course of arguments, the assistance of Satellite Map was taken and its screen shots downloaded from the Internet i.e. Map Data @ 2014 Google in order to effectively recreate the scene of crime for effective determination and clarity on the spot of incident. The provisions of Section 87 of Indian Evidence Act provides that the Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts and which is produced for its inspection, was written and published by the person and at the time and place, by whom or at when it purports to have been written or published. The electronic record of the Satellite Map as available on the Internet in fact falls within the category of an electronic map electronically published document. The correctness of the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 254 said record i.e. the electronic Satellite Map has not been disputed and hence on the basis of the Ocular and other evidence on record the scene of crime i.e. the place where the actual incident took place has been recreated with assistance of the electronic satellite map screen shot of which along with the relevant details is as under:
Screen Shot No.1: Showing the place of incident St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 255 (186) The above satellite map shows the place of incident i.e. MundaRani Khera Road where the Mahendra Pickup van was intercepted by the police team. In the above satellite map the following points are depicted:
➢ Point 1 is the location where HC Surender Dahiya (PW24) and Ct.
Pawan (PW31) tried to stop the Mahendra Pickup Van by putting the stones between the road.
➢ Point 2 is the location where the SHO Police Station Vijay Vihar i.e. Inspector Swadesh Prakash (CW1) put his official Gypsy on the middle of the road and blocked the way of Mahendra Pickup Van after which the driver of the offending vehicle turned the vehicle towards the kacha rasta on Rani Khera Road. ➢ Point 3 is the location where the offending Mahendra Pickup was finally compelled to stop and the accused/ assailants were apprehended.
(187) The above Screen Shot of the Satellite Map clearly establishes the place of incident and a point to point confirmation of the status of the entire route. It also confirms the area where the offending vehicle was stopped on Rani Khera Village Road towards the road that leads to Mundka Phatak.
(188) Further, the scene of crime has been duly photographed by the SI Mahavir Singh from his mobile phone a fact which has been duly proved by Inspector Swadesh Prakash (CW1) which photographs are St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 256 Ex.CW1/B1 to Ex.CW1/B11. The relevant photographs which confirm the status of the spot and also lend credence to the ocular versions given by the eye witnesses are as under:
Photograph Ex.CW1/B4 Photograph Ex.CW1/B5 St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 257 (189) From the above photographs Ex.CW1/B4 and Ex.CW1/B5 the slaughtered cows lying in the backside portion of the Mahendra Pickup can be clearly seen. The medical evidence in the form of testimonies of Veterinary Dr. Narender Dabas (PW8) and Dr. Neeraj Bhagav (PW9) establishes that the flesh seen in the pickup van is of the slaughtered cows which they could identify and establish from the skin attached to the hooves of the slaughtered animals found in the pickup van.
(190) The above photograph Ex.CW1/B9 particularly the portion encircled by me reflects the presence of the iron rods spiked on both the sides (Ex.P8 & Ex.P9), iron rod spiked on one side with plastic handle (Ex.P10) and four butcher's knives (Ex.P11, Ex.P12, Ex.P13 and St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 258 Ex.P14) thereby lending credence and authenticity to the testimonies of the police witnesses to effect that the above weapons used for slaughtering of cows were recovered from the cabin of Mahendra Pickup Van and that the illegally lifted cattle were slaughtered/ skinned during transit/ transportation itself.
(191) The above photograph Ex.CW1/B2 particularly the portion encircled by me as aforesaid reflects the cracks on the windshield of the official gypsy of SHO Police Station Vijay Vihar Inspector Swadesh Prakash. This photograph lends confirmation to the Ocular Evidence on record thereby establishing that the assailants had thrown rocks/ stones upon the police party by directing the same on their vital parts while trying to escape and also confirms that the assailants had come duly armed and were prepared to meet any resistance/ obstruction to their St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 259 illegal activities by using illegal force even if it could cause the death of another.
(192) The above photograph Ex.CW1/B11 particularly the portion encircled by me as aforesaid reflects the firing mark on the official gypsy of SHO Police Station Vijay Vihar Inspector Swadesh Prakash. This photograph lends confirmation to the Ocular Evidence on record thereby establishing that the assailants had come duly armed with deadly weapons including firearms and were prepared to meet all eventualities. The manner in which the assailants had fired on the police party while directing the fire at the vital parts of the public servants chasing the assailants establishes that the intention of the assailants was to cause death of the officers on hot chase (the manner of firing confirms St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 260 the intent as contemplated under Section 307 IPC).
(193) Apart from the above photographs which I have specifically made a part of the judgment, the other photographs of the spot so taken at the spot by SI Mahavir Singh and duly proved by Inspector Swadesh Prakash (CW1) confirms the oral testimonies of the eye witnesses and also establishes the presence of the police vehicle as well as the offending vehicle, the weapons/ instruments inside the cabin of offending vehicle and slaughtered cows lying on the rear side of the Mahendra Pickup van and is highly incriminating qua the accused.
Charge under Section 295A Indian Penal Code - No sanction given by the State Government under Section 196 Cr.P.C.:
(194) The case of the prosecution is that all the accused namely Asif, Bholu, Salim (Proclaimed Offender), Kailash, Rizwan, Yakub (deceased), Wasim, Sita Ram, Gulfam, Siraz, Shahabuddin and Rajesh @ Putia in furtherance of their common intention with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India by their acts insulted or attempt to insult the religion or religious beliefs of that class.
(195) In this regard I may observe that as per the provisions of Section 196 Cr.P.C. no Court shall take cognizance of any offence punishable under Chapter VI or under Section 153A [Section 295A or sub section (1) of Section 505] of Indian Penal Code except with the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 261 previous sanction of the Central Government or of the State Government.
In the present case the said permission had been duly applied for but refused by the Joint Secretary (Home), GNCT of Delhi refused to grant the sanction on the ground that the the case has not been found for granting prosecution sanction under Section 196 of Code of Criminal Procedure as there was no material to prove essential ingredient of 'intention' for the purposes of offence under Section 195 A of Indian Penal Code.
(196) Here, I may observe that ordinarily it is not possible to say what man intended to do and his 'Intention' can only be gathered by the surrounding circumstances and the acts performed by the persons. In the present case, having regards to the criminal history of the accused persons who are involved in numerous cases of cattle lifting for purposes of slaughtering and are also involved in cases where there are allegations of indiscriminately firing upon the police party, and coupled with the fact that there was recovery of slaughtered cows from the possession of the accused, are acts which by their nature reflect the malicious intent of the accused of outraging the religious feelings of a class following particular religious belief. What else would have been required? Be that it may be, there being no sanction under Section 196 Cr.P.C. no cognizance of prosecution for the offence under Section 295A Indian Penal Code is possible.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 262 Charge under Section 307 Indian Penal Code:
(197) The case of the prosecution is that all the accused namely Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya along with Saleem (Proclaimed Offender), Khalid (not arrested) and Yakub (since expired) in furtherance of their common intention fired upon the police officials with such intention or knowledge that under such circumstances that if they all by that act cause death of the police officials they would be guilty of murder. (198) Before coming to the evidence on merits, I may observe that as per the provisions of Section 307 Indian Penal Code whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (199) To constitute an offence under Section 307 IPC, it is sufficient if there is present an intent coupled with some overt act in execution thereof. It is not essential that bodily injury capable of causing death should have been inflicted. Although the nature of injury actually caused may often give considerable assistance in coming to a finding as to the intention of the accused, such intention may also be deduced from other circumstances and may even in some cases, be ascertained without any reference at all to actual wounds. The section makes a distinction between the act of the accused and its result, if any. The Court has to see St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 263 whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the section. An attempt in order to be criminal need not be the penultimate act. It is sufficient in law, if there is present an intent coupled with some over act in execution thereof [Ref.: Vipin Bihari Vs. State of MP reported in 2006 (8) SCC 799; Bappa @ Bapu Vs. State of Maharastra reported in 2004 (6) SCC 485; State of Maharastra Vs. Kashi Rao & Ors. reported in 2003 (10) SCC 434; Hari Mohan Mandal Vs. State of Jharkhand reported in 2004 (12) SCC 220 and Surender Kumar Sharma Vs. State reported in 2010 (III) AD (Delhi) 198]. This being the legal position, intention can be deduced not only from the nature of injuries caused but also from other circumstances.
(200) Applying the settled principles of law to the facts of the present case I may observe that the intent of the accused stands established from the fact that they were firing at the police vehicle on the wind screen by aiming towards driver side on the vital parts of the officials of police team chasing them in their vehicles but incidentally the bullet hit the bonnet of the official Gypsy and before the accused Saleem (Proclaimed Offender) could fire on the police party, he was overpowered. The accused were carrying huge stocks of mountain rocks/ stones and illegal firearms i.e. desi kattas with ammunition. When chased by the police and asked to stop the accused started with firing on the following police party which fire hit the bonnet of the official Gypsy St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 264 confirming that it was aimed at the vital parts of the police officers following the pickup van. Further, the mountain rocks which were being thrown on the police party were also similarly aimed one of which had hit the windshield of the police gypsy damaging the same (confirmed from the photographs as discussed above).
(201) This being the background, I hereby hold that the prosecution has been able to prove and establish the necessary intention and knowledge as contemplated under the provisions of Section 299 and 300 Indian Penal Code and hence all the accused namely Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya are hereby held guilty of the offence under Section 307 Indian Penal Code.
Charges Established against the accused:
(202) Charges under Sections 186/34 IPC, 353/34 IPC, 307/34 IPC, 429/34 IPC, 295(A) IPC; Section 3 and 4 of Prevention of Damage to Public Property Act and Section 12 & 13 r/w 5 & 8 of Delhi Agriculture Cattle Preservation Act, 1994 were settled against the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya along with Saleem (Proclaimed Offender), Khalid (not arrested) and Yakub (since expired). (203) On the basis of the evidence which has come on record in the form of oral testimonies of the various witnesses, Expert/ Forensic St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 265 Reports and other circumstantial evidence as discussed separately as aforesaid I hereby hold that the prosecution has been able to successfully establish that the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya along with Saleem (Proclaimed Offender), Khalid (not arrested) and Yakub (since expired) in furtherance of their common intention voluntarily obstructed SI Mahavir Singh and his team members who are public servants in discharge of their public functions and also assaulted or used criminal force on SI Mahavir Singh and other raiding team members being public servants in the execution of their duties as such public servants with the intent to prevent or deter SI Mahavir Singh and other public servants including Inspector Swadesh Prakash from discharging their duties as such public servants. It has also been proved and established that all the accused in furtherance of their common intention fired upon the police party who tried to stop them which party comprised of SI Mahavir Singh, Inspector Jasmohinder Chaudhary (PW22), HC Surender Dahiya (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct. Subhash (PW29), Ct. Dhanraj (PW30), Ct. Pawan (PW31), Inspector Gajender (PW33) and Inspector Swadesh Prakash (CW1) by using firearms and throwing mountain rocks/ stones on the police team with such intention or knowledge and under such circumstances that if they all by their act caused the death of SI Mahavir Singh or other raiding team members, they all would be guilty of murder. Further, the prosecution has also been St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 266 able to successfully prove and establish that the accused persons Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya committed mischief by killing/ slaughtering the cows (whose value is more than Rs.50/) so illegally lifted by them which was in furtherance of their common intention and also while causing damage to the official vehicle of SHO Police Station Vijay Vihar i.e. a public property while throwing stones and firing on the same. (204) It also stands established that the accused persons in furtherance of their common intention transported the agriculture cattle from within and outside Delhi for purpose of slaughtering in contravention of provisions of Delhi Agriculture Cattle Preservation Act and found in possession of flesh of Agriculture Cattle i.e. two cows in their vehicle bearing No. UP14M7786 Mahendra Pickup. Further, the accused Asif after his arrest also got recovered three slaughtered cows from the godown of accused Bholu at House No. 27, Block A3, Chanakya Place, Uttam Nagar.
(205) However, in so far as the accused Asif, Yakub (deceased), Wasim, Kailash, Sita Ram, Salim (Proclaimed Offender) and Bholu are concerned the complaint under Section 195 Cr.P.C. has been obtained and duly proved by Inspector Swadesh Prakash (CW1) and was also not disputed by the above accused who have only disputed the merits of the allegations made against them. In view of my aforesaid discussion the accused Asif, Wasim, Kailash, Sita Ram and Bholu are held guilty of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 267 offence under Section 186/34 Indian Penal Code. However, no complaint under Section 195 Cr.P.C. has been obtained in respect of the remaining accused namely Gulfam, Siraz, Shabuddin, Rizwan and Rajesh @ Puteya who are hereby acquitted of the charge under Section 186 Indian Penal Code.
(206) Further, I hold the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya guilty of the offence under Sections 353/34 IPC, 307/34 IPC, 429/34 IPC.
(207) I also hold the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya guilty of the offence under Section 3 and 4 of Prevention of Damage to Public Property Act and Sections 8 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 read with Section 34 of Indian Penal Code.
(208) The accused Asif is also held guilty of the offence under Section 25 and 27 of Arms Act.
Lapses committed by the Investigating Officer:
(209) It is argued by the Ld. Defence Counsels that the investigations conducted by the Investigating Officer is not free and fair and the accused have been falsely implicated in the present case by St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 268 planting the alleged recovery upon them, only to connect the accused with the offence benefit of which should be given to the accused. It is argued by the Ld. Counsels that the Investigating Officer did not deliberately call the professional Crime Team to the spot in order to inspect and take the photographs of the scene of crime, benefit of which should be given to the accused. It is further argued that the complainant to the case i.e. SI Mahavir Singh who was repeatedly called by the Court had failed to appear to prove the complaint. It is also pointed out that the complaint under Section 195 Cr.P.C. has been filed only against the accused Asif, Bholu, Yakub (deceased), Wasim, Kailash, Sitaram, Salim (Proclaimed Offender) and not against the accused Gulfam, Rizwan Siraj, Shahbuddin and Rajesh @ Puteya benefit of which is required to be given to the accused persons. It is further argued that the case of the prosecution being that the bullet filed by the accused Asif had hit the bonnet of the official vehicle of SHO Police Station Vijay Vihar Inspector Swadesh Prakash despite which the mechanical inspection of the said vehicle has not been got done and hence benefit of the same should be given to the accused. Ld. Addl. PP for the State on the other hand has vehemently argued that merely because on account of carelessness or negligence or overzealousness the Investigating Officer, shall be no ground to discard the other evidence which has come on record and not benefit of the same should be given to the accused.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 269 (210) I have considered the rival contentions. Before coming to the submissions made by the Ld. Counsel on merits, I may observe that considering the aspect of faulty investigations the Hon'ble Apex Court has in the case of State of U. P. Vs. Jagdeo & Others. reported in (2003) 1 Supreme Court Cases 456, observed that:
"...... Mere faulty investigations cannot be a ground for acquittal of the accused. For the fault of the prosecution the perpetrators of a ghastly crime cannot be allowed to go scotfree. The testimony of eyewitnesses in the present case, completely proved the prosecution case - Criminal Procedure Code, 1973, Sec. 159, 161 and 164........"
"........Coming to the aspect of the investigation being allegedly faulty, we would like to say that we do not agree with the view taken by the High Court. We would rather like to say that assuming the investigation was faulty, for that reason alone the accused persons cannot be let off or acquitted. For the fault of the prosecution, the perpetrators of such a ghastly crime cannot be allowed to go scotfree. All the accused persons were armed with deadly weapons and they attacked the members of the victims' family who were totally unarmed and were sleeping at night in the open. The High Court has expressed a doubt about the FIR being lodged at the time alleged by the prosecution and the manner in which it is so stated by the prosecution. The question however is : is it sufficient to acquit all the persons ? The trial court had discussed all the elements leading to the brutal murder in this case and found them against the accused persons. Unfortunately, the High Court St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 270 remained on the periphery and never attempted to grapple with the substance of the evidence on record. This peripheral approach of the High Court led to the impugned judgment of acquittal being passed. In presence of such a strong evidence on record implicating the accused persons, things like alleged improper recording of time of lodging of FIR are not sufficient to dislodge the verdict of convictions passed by the Sessions Court. In our considered view the evidence of eye witnesses in the present case completely proves the prosecution case. The doubt thrown by the High Court on the presence of the eye witnesses at the time of occurrence is totally unacceptable. The impugned judgment of the High Court whereby all the accused persons have been acquitted is hereby set aside. .....
(211) A similar view was again expressed by the Hon'ble Supreme court in the case of Rabinder Kumar Pal @ Dara Singh Vs. Republic of India reported in AIR 2011 SC 1436.
(212) In the case of Ram Bali v. State of Uttar Pradesh reported in (2004) 10 SCC 598, the judgment in Karnel Singh v. State of M.P. reported in (1995) 5 SCC 518 was reiterated and the Hon'ble Apex Court observed that:
"......in case of defective investigation the court has to be circumspect while evaluating the evidence. But it would not be right in acquitting an accused person solely on account of the defect; to do so would tantamount to playing into the hands of the investigation officer if the investigation is designedly St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 271 defective....."
(213) It is writ large from the aforesaid that with the passage of time, the law also developed and the dictum of the Court emphasized that in a criminal case, the fate of proceedings cannot always be left entirely in the hands of the parties. Crime is a public wrong, in breach and violation of public rights and duties, which affects the community as a whole and is harmful to the society in general.
(214) The Hon'ble Apex Court (Hon'ble Mr. Justice Swatantra Kumar) in the case of Dayal Singh & Ors. vs State Of Uttaranchal in Criminal Appeal No.529 of 2010 decided on 3.8.2012 reaffirmed the above principle while placing its reliance on the case of National Human Rights Commission Vs. State of Gujarat reported in (2009) 6 SCC 767 wherein it was observed that:
"......The concept of fair trial entails familiar triangulation of interests of the accused, the victim and the society and it is the community that acts through the State and prosecuting agencies. Interest of society is not to be treated completely with disdain and as persona non grata. The courts have always been considered to have an overriding duty to maintain public confidence in the administration of Justice often referred to as the duty to vindicate and uphold the majesty of the law. Due administration of justice has always been viewed as a continuous process, not confined to determination of the particular case, protecting its ability to function as a court of law in the future as in the case before it. If a criminal court is to St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 272 be an effective instrument in dispensing justice, the Presiding Judge must cease to be a spectator and a mere recording machine by becoming a participant in the trial evincing intelligence, active interest and elicit all relevant materials necessary for reaching the correct conclusion, to find out the truth, and administer justice with fairness and impartiality both to the parties and to the community it serves. The courts administering criminal justice cannot turn a blind eye to vexatious or oppressive conduct that has occurred in relation to proceedings, even if a fair trial is still possible, except at the risk of undermining the fair name and standing of the judges as impartial and independent adjudicators...".
(215) Reliance was also placed on the case of State of Karnataka Vs. K. Yarappa Reddy reported in 2000 SCC (Crl.) 61 wherein the Hon'ble Apex Court occasioned to consider the similar question of defective investigation as to whether any manipulation in the station house diary by the Investigating Officer could be put against the prosecution case and observed in Paragraph 19 that:
"......... But can the above finding (that the station house diary is not genuine) have any inevitable bearing on the other evidence in this case? If the other evidence, on scrutiny, is found credible and acceptable, should the Court be influenced by the machinations demonstrated by the Investigating Officer in conducting investigation or in preparing the records so unscrupulously? It can be a guiding principle that as investigation is not the solitary area for judicial St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 273 scrutiny in a criminal trial, the conclusion of the Court in the case cannot be allowed to depend solely on the probity of investigation. It is well nigh settled that even if the investigation is illegal or even suspicious the rest of the evidence must be scrutinised independently of the impact of it. Otherwise the criminal trial will plummet to the level of the investigating officers ruling the roost. The court must have predominance and preeminence in criminal trials over the action taken by the investigation officers. Criminal Justice should not be made a casualty for the wrongs committed by the investigating officers in the case. In other words, if the court is convinced that the testimony of a witness to the occurrence is true the court is free to act on it albeit the investigating officer's suspicious role in the case...."
(216) In the case of Dayal Singh Vs. State of Uttranchal (Supra) it was observed by Hon'ble Mr. Justice Swatantra Kumar that where our criminal justice system provides safeguards of fair trial and innocent till proven guilty to an accused, there it also contemplates that a criminal trial is meant for doing justice to all, the accused, the society and a fair chance to prove to the prosecution. Then alone can law and order be maintained. The Courts do not merely discharge the function to ensure that no innocent man is punished, but also that a guilty man does not escape. Both are public duties of the judge. During the course of the trial, the learned Presiding Judge is expected to work objectively and in a correct perspective. Where the prosecution attempts to misdirect the trial on the basis of a perfunctory or designedly defective investigation, there the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 274 Court is to be deeply cautious and ensure that despite such an attempt, the determinative process is not subserved. For truly attaining this object of a fair trial, the Court should leave no stone unturned to do justice and protect the interest of the society as well.
(217) Applying the settled principles of law to the facts of the present case I may observe that the it is the duty of the Court that the guilty should not escape and in case there is a ring around the prosecution case, the same cannot be rejected. Further, the prosecution is not required to meet each and every hypothesis put forward by the accused. (218) In the present case the accused before this Court are habitual offenders involved in similar cases involving illegal lifting and slaughter of cows. No doubt, as observed by this Court the investigations have been conducted in most lackadaisical, halfhearted and non professional manner leaving a lot to be desired impels me to believe that the possibility of this being deliberate cannot be ruled out. Yet does that mean that the accused should be given the benefit of the same? The answer, of course, is 'NO'. (219) I now proceed to cullout and analyze the various short comings and lacuna's as highlighted before me in order to ascertain whether they are fatal to the prosecution case or not:
1. The complaint of SI Mahavir Singh was not proved by calling him to the Court despite repeated directions and observations observations made by this Court. Both the Investigating Officer as well as the Supervisory Officer i.e. ACP Sultan Puri failed to take St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 275 necessary steps to secure the presence of SI Mahavir Singh the complainant in the case who is reported to be in Sudan on deputation and to prove the complaint on his behalf. Here, I may observe that though the lapse committed is serious yet the benefit of the same cannot go to the accused in view of the fact that Inspector Swadesh Prakash the then SHO of Police Station Vijay Vihar and also an eye witness to the incident has been called and examined in the Court as Court Witness and he has proved the complaint of SI Mahavir Singh in official capacity having seen SI Mahavir Singh writing and signing.
2. The complaint under Section 195 Cr.P.C. has only been filed against the accused Asif, Yakub (deceased), Wasim, Kailash, Sita Ram, Salim (Proclaimed Offender) and Bholu, whereas in so far as the accused who were apprehended later on i.e. Gulfam, Siraz, Shabuddin and Rajesh are concerned, no separate complaint under Section 195 Cr.P.C. has been obtained by the Investigating Officer nor placed on record. Here, I may observe that for the failure of the Investigating Officer to place before this Court the complaint against the accused Gulfam, Siraz, Shabuddin and Rajesh the benefit of the same has to go to these accused who cannot be prosecuted for the offence under Section 186 Indian Penal Code.
3. The Scene of Crime was not got inspected through the FSL Experts or the Crime Team not the photographs of the Scene of Crime was St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 276 taken through a professional photographer, which was essential and would have lend independent confirmation to the incident.
However, there being sufficient evidence otherwise and the Investigating Officer having taken the photographs himself with the camera of his mobile phone, the benefit of this failure to call the professional team to the spot will not go to the accused.
4. The mechanical inspection of the official Gypsy of SHO Police Station Vijay Vihar and of the offending vehicle has not been got done by an Expert (Mechanical Expert). However, merely because the mechanical inspection report is not on record will not defeat the ocular version of the prosecution witnesses who have unanimously identified the accused Asif as the person who had aimed the shot at the police officers following them which shot had instead hit the bonnet of the official gypsy confirming that the shot was aimed at the vital part of the police officials following the accused persons. Even otherwise the said bullet shot on the bonnet of the gypsy is very clear and photograph Ex.CW1/B11 reflects the shot on the bonnet of the official gypsy of Inspector Swadesh Prakash and also the broken windshield of official gypsy the stones which were thrown by the accused having hit the gypsy on the windshield. (220) This being the background and having highlighted the lapses committed by the Investigating Officers yet there is no reason why the benefit of the same should be given to the accused since the medical, St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 277 forensic and the other circumstantial evidence which corroborates and supports the Ocular Evidence is sufficient to prove and establish the guilt of the accused to the hilt and I have no hesitation in holding that for the deliberate acts of omission of the Investigating Officer (s) the benefit of the same cannot be given to the accused persons. (221) For the deliberate omissions as highlighted herein above a definite departmental action is required to be taken against not only the Investigating Officer but also the Supervisory Officer i.e. ACP Sultan Puri, for if it is not done public persons would loose faith on the Institutions connected with establishing Rule of Law and reference is being made in this regard to the observations made by the Hon'ble Supreme Court in the case of Dayal Singh & Ors. Vs. State of Uttranchal, in Crl. Appeal No. 529/2010 decided on 3.8.2012 wherein had held, declared and directed that "....... We hold, declare and direct that it shall be appropriate exercise of jurisdiction as well as ensuring just and fair investigation and trial that courts return a specific finding in such cases, upon recording of reasons as to deliberate dereliction of duty, designedly defective investigation, intentional acts of omission and commission prejudicial to the case of the prosecution, in breach of professional standards and investigative requirements of law, during the course of the investigation by the investigating agency, expert witnesses and even the witnesses cited by the prosecution. Further, the Courts would be fully justified in directing the disciplinary authorities to take St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 278 appropriate disciplinary or other action in accordance with law, whether such officer, expert or employee witness, is in service or has since retired....." and also to the observations recently made by the Hon'ble Apex Court bench comprising of Hon'ble Mr. Justices C.K. Prasad and Jagdish Singh Khehar in the case of State of Gujarat Vs. Kishanbhai Etc. in Criminal Appeal No. 1485/2008 decided on 7.1.2014 holding "....... Each erring officer must suffer the consequences of his lapse, by appropriate departmental action, whenever called for. Taking into consideration the seriousness of the matter, the concerned official may be withdrawn from investigative responsibilities, permanently or temporarily, depending purely on his culpability. We also feel compelled to require the adoption of some indispensable measures, which may reduce the malady suffered by parties on both sides of criminal litigation......".
(222) Therefore, I direct that a copy of this order be placed before the Commissioner of Police, Delhi and GNCT of Delhi (Home Department) through the Director of Prosecution, Delhi for information and appropriate action in accordance with law, in terms of the directions of Hon'ble Supreme Court in the case of State of Gujarat Vs. Kishanbhai Etc. in Criminal Appeal No. 1485/2008 decided on 7.1.2014, copies of which have already been circulated by the Hon'ble Apex Court to Home Secretaries of all the States and UTs for compliance. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 279 FINAL CONCLUSIONS:
(223) In the case of Sharad Birdhichand Sarda Vs. State of Maharastra, reported in AIR 1984 SC 1622, the Apex Court has laid down the tests which are prerequisites before conviction should be recorded, which are as under:
1. The circumstances from which the conclusion of guilt is to be drawn should be fully established. The circumstances concerned 'must or should' and not 'may be' established;
2. The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty;
3. The circumstances should be of conclusive nature and tendency;
4. They should exclude every possible hypothesis except the one to be proved; and
5. There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
(224) Applying the above principles of law to the present case it is evident that the investigations conducted including the documents prepared in the present case have been substantially proved by the police witnesses including the first and the second investigating officers. The identity of the accused namely Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahbuddin and Rajesh @ Putiya stands St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 280 established. The various prosecution witnesses have proved the allegations against the accused persons of having slaughtering the cows and then transporting the same in and outside Delhi in the offending Mahendra Pickup Van bearing No. UP14M7786 and while they were stopped by the police personnel's, they fired upon them and attacked them by throwing stones/ mountain rocks on them. On the basis of the testimonies of the various prosecution witnesses and other evidence on record the following aspects stand conclusively established:
➢ That in the wake of large number of incidents of cow slaughtering in Outer District a special team comprising of officials of Special Staff, Outer District and officials of Police Station Vijay Vihar was constituted on 14.5.2010 to apprehend the criminals involved in the crime (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC Rakesh PW27, HC RohtashPW28, Ct. SubhashPW29, Ct. Dhanraj PW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That on the same day all the members of the team were present in Police Station Vijay Vihar during the night and at about 3:00 AM a secret information was received by SI Mahavir Singh that criminals involved in such crime would be coming/ passing through the area of Outer District in a pickup van and the last digits of the van were 7786 (proved by Inspector Jasmohinder St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 281 ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That as per the information there might be some slaughtered cows in the van and the criminals might be carrying deadly weapons (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That this information was shared by SI Mahavir with Inspector Swadesh Prakash, the then SHO of Police Station Vijay Vihar and other members of the team (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That after getting briefing from Inspector Swadesh Prakash and SI Mahavir Singh the team along with the secret informer proceeded towards the place where the suspected criminals were suppose to come (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC Rakesh St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 282 PW27, HC RohtashPW28, Ct. SubhashPW29, Ct. Dhanraj PW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That all the team members had gone there by private vehicles whereas Inspector Swadesh Prakash reached the spot separately from the team in his official Gypsy bearing no. DL 1C J 4854 (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That at about 4:004:15 AM the team was again briefed by SI Mahavir Singh on Rani Khera village road towards the road which leads to Mundka Phatak and after proper briefing the staff was deployed by SI Mahavir Singh (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That at about 4:45 AM a white colored pickup van bearing No. UP14M7786 was seen coming from Mundka Fatak side and proceedings towards Rani Khera village (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 283 Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That on the pointing out of secret informer all the members of the team were put on alert by signaling that the criminals had arrived (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That HC Surender Dhaiya and Ct. Pawan had already been directed to put big stones in the middle of the road to force stop the vehicle (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That the driver of the pickup van was indicated to stop the vehicle but since he did not stop hence as per the plan HC Surender and Ct. Pawan put big stones on the road in order to stop the said vehicle but the driver severed the vehicle to one side and tried to escape from there (proved by Inspector Jasmohinder Chaudhary PW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 284 RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That the SHO Police Station Vijay Vihar was already waiting on the road in his official gypsy while the other police team followed the pickup van on their vehicles (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That SHO Police Station Vijay Vihar tried to obstruct the pickup van by putting his official gypsy on the road but the driver of the pickup van again escaped by turning the vehicle on the other side. ➢ That the persons sitting in the pickup van simultaneously started throwing stones on the police party (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That one stone hit the official gypsy of the SHO Police Station Vijay Vihar which resulted into smashing of the front glass/ wind screen of the official gypsy (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 285 PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1 and apparent and confirmed from the photograph Ex.CW1/B2).
➢ That finding themselves surrounded the driver of the pickup van was compelled to stop and all the persons sitting inside it jumped out and started running in different directions (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That one of the persons who was trying to escape fired at police party which hit the bonnet of the gypsy of the SHO Police Station Vijay Vihar (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC Rakesh PW27, HC RohtashPW28, Ct. SubhashPW29, Ct. Dhanraj PW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1 and also seen in photograph Ex.CW1/B11).
➢ That HC Rohtash and Ct. Sandeep overpowered the said person who had fired and managed to apprehend him and snatched the katta from his hand whose name was later revealed as Asif (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender Dahiya St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 286 PW24, HC Hari ChandPW26, HC RakeshPW27, HC Rohtash PW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That in the meanwhile another accused who was running away also took out a katta and as soon as he was about to fire on the police officials following him he was apprehended by HC Surender Dahiya with the help of Ct. Hari Chand and Ct. Kuldeep whose name was later revealed as Salim (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That four other persons who were trying to escape were also apprehended by the other members of the police party whereas five-six persons managed to escape from the spot (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender Dahiya PW24, HC Hari ChandPW26, HC RakeshPW27, HC Rohtash PW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That the person who had fired on the police party which fire had hit the bonnet of official Gypsy of SHO Police Station Vijay Vihar disclosed his name as Asif (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 287 Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1 and bullet mark confirmed from the photograph Ex.CW1/B11). ➢ That the person who was apprehended by HC Surender Dahiya and others with a katta in his hand when he was about to fire on the police party disclosed his name as Saleem (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That four persons who were trying to escape and were apprehended by Ct. Pawan, Ct. Ajit, HC Rakesh, Ct. Subhash and Ct. Dhanraj who disclosed their names as Yakub (apprehended by Ct. Ajeet and Ct. Pawan), Wasim (apprehended by HC Rakesh), Sita Ram (apprehended by Ct. Subhash) and Kailash (apprehended by Ct. Dhanraj) (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That other accused/ assailants managed to flee/ escape from the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 288 spot and on interrogation of the apprehended accused the names of these assailants who escaped were disclosed as Bholu, Gulfam, Shahbuddin, Khalid, Rizwan, Rajesh @ Puteya and Siraj (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That one country made pistol (Ex.P1) with one empty cartridge (Ex.P2A) and one live cartridge (Ex.P2) was recovered from the possession of accused Asif (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That one country made pistol (Ex.P3) with one live cartridge (Ex.P4) was also recovered from the possession of accused Saleem (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC Rakesh PW27, HC RohtashPW28, Ct. SubhashPW29, Ct. Dhanraj PW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 289 ➢ That the pickup was then inspected and it was found to contain three slaughtered and skinned cows and one plastic katta in open condition containing stones (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1 and also can be seen in photographs Ex.CW1/B4 and Ex.CW1/B5).
➢ That when the search was conducted inside the cabin four knives, three pointed rods and three hooked iron rods were recovered under the driver seat (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1 as also can be seen in photograph Ex.CW1/B9).
➢ That thereafter SI Mahavir Singh prepared the rukka and send the same to the police station for registration of the case and also seized the various rods, knives and the kattas/country made pistols recovered at the spot (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 290 and Inspector Swadesh PrakashCW1).
➢ That after registration of case Inspector Gajender Singh the then SHO Police Station Kanjhawla reached the spot (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender Dahiya PW24, HC Hari ChandPW26, HC RakeshPW27, HC Rohtash PW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1). ➢ That all the accused apprehended at the spot alongwith the case property and documents were handed over to Inspector Gajender Singh by SI Mahavir (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That thereafter Inspector Gajender Singh prepared the arrest memos of all the accused persons, conducted their personal search and prepared their memos and then recorded their disclosure statements (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari ChandPW26, HC Rakesh PW27, HC RohtashPW28, Ct. SubhashPW29, Ct. Dhanraj PW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 291 ➢ That four knives, three pointed rods and three hooked iron rods were also taken into possession and the offending vehicle bearing no. UP 14 M 7786 containing the remains of the slaughtered cows alongwith the contents i.e. the carcasses, flesh etc. was also taken into possession and seized (proved by Inspector Jasmohinder ChaudharyPW22, HC Surender DahiyaPW24, HC Hari Chand PW26, HC RakeshPW27, HC RohtashPW28, Ct. SubhashPW29, Ct. DhanrajPW30, Ct. PawanPW31, Inspector GajenderPW33 and Inspector Swadesh PrakashCW1).
➢ That on the basis of the complaint of SI Mahavir Singh the present case was registered (proved by Inspector Swadesh Prakash - CW1).
➢ That pursuant to his disclosure statement the accused Asif led the police party to the godown of accused Bholu at House No. 27, Block A3, Chanakya Place, Uttam Nagar and got recovered three slaughtered cows (proved by Ct. Kuldeep PW25, SI Praveen Atri PW32 and Inspector Gajender PW33).
➢ That on 14.5.2010 Ct. Jai Prakash took the pickup van bearing No. UP14M7786 containing the slaughtered cows to SLC Ghazipur where the meat was weighed at MCD Weighing Machine and the meat was found to be 1210 Kgs after which the meat/ beef was then destroyed (proved by Ct. Jai PrakashPW11).
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 292 ➢ That on 2.6.2010 pursuant to a secret information the accused Bholu was apprehended from his godown at Chanakya Place in Uttam Nagar after which he was arrested the present case (proved by Ct. Kuldeep PW25, SI Praveen Atri PW32 and Inspector Gajender PW33).
➢ That on 4.9.2012 the accused Siraj was apprehended by the members of Special Staff from near Delhi Jal Board, Sector 8 Rohini, Delhi after which the accused Siraj was arrested in the present case (proved by ASI Suresh Rana PW14, Ct. Bijender - PW12, HC Raj Kumar - PW15 and SI Rajesh Kumar - PW21). ➢ That on 11.2.2013 the Investigating Officer came to know that the accused Rizwan was in Judicial custody in other case relating to Police Station Crime Branch after which he was arrested in the present case (proved by HC Raj Kumar - PW16 and SI Sudhir Rathi - PW35).
➢ That on 9.4.2013 pursuant to a secret information the accused Gulfam was apprehended by the members of Special Staff from near Mangolpuri Railway Station after which the accused Gulfam was arrested in the present case (proved by HC Devender - PW17, HC Neeraj Rana - PW19, Ct. Rakesh - PW5 and SI Sudhir Rathi - PW35).
➢ That on 22.4.2013 pursuant to a secret information the accused Rajesh @ Puteya was apprehended by the members of Special St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 293 Staff from Shamshan Ghat, Sector 8, Rohini, Vijay Vihar after which the accused was arrested in the present case (proved by HC Raj Kumar - PW15, HC Gulab - PW19, HC Neeraj Rana - PW18 and SI Arun Lathar PW20).
➢ That on 1.7.2013 pursuant to a secret information the accused Shabuddin was apprehended by the members of the Special Staff from cattle fare at Tehsil Gulwathi, Meerut after which the accused was arrested in the present case proved by HC Devender PW17). (225) It stands established that the motive of the offence was to lift/ steal/ commit theft of cattle for purposes of illegal slaughter and after slaughtering to transport the same within and outside Delhi and in case of resistance or obstruction, meet the same by use of illegal force even if it was by killing the person so causing obstructions. (226) The Expert Evidence in the form of report of Veterinary Experts conclusively confirmed that the slaughtered animals which were recovered and seized from the offending vehicle i.e. pickup van bearing No. UP14M7786 were cows i.e. two in number. The Forensic Evidence in the form of Ballistic Report establishes that the cartridge case marked exhibit EC1 (Ex.P2A before the Court) had been fired through the country made pistol recovered from the possession of accused Asif which was exhibit F2 by the Ballistic Expert (Ex.P1 before the Court) conclusively connects the accused Asif with the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 294 offence alleged.
(227) The Ocular Evidence in the form of testimonies of the witnesses i.e. Inspector Jasmohinder Chaudhary, HC Surender Dahiya, HC Hari Chand, HC Rakesh, HC Rohtash, Ct. Subhash, Ct. Dhanraj, Ct. Pawan, Inspector Gajender and Inspector Swadesh Prakash conclusively connect the accused and finds independent support and confirmation from the Expert/ Forensic and Circumstantial evidence which has come on record.
(228) The photographs of the spot so taken at the spot by SI Mahavir Singh and duly proved by Inspector Swadesh Prakash confirm the oral version and also establish the presence of the police vehicle as well as the offending vehicle, the weapons/ instruments of slaughtering inside the cabin of offending vehicle and slaughtered cows lying on the rear side of the Mahendra Pickup.
(229) There are two stages in the criminal prosecution. The first obviously is the commission of the crime and the second is the investigation conducted regarding the same. In case the investigation is faulty or has not been proved in evidence at trial, the question which arise is whether it would absolve the liability of the culprit who has committed the offence? The answer is obviously in negative, since any lapse on the part of the investigation does not negate the offence. (230) The prosecution has proved the identity of the accused, the manner in which the offence has been committed, place of commission of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 295 the offence, the investigation including the documents prepared, postmortem report, etc. There is nothing which could shatter the veracity of the prosecution witnesses or falsify the claim of the prosecution. All the prosecution witnesses have materially supported the prosecution case and the testimonies of the prosecution witnesses do not suffer from any infirmity, inconsistency or contradiction and are consistent and corroborative. The evidence of the prosecution witnesses is natural and trustworthy and corroborated by medical evidence and the witness of the prosecution have been able to built up a continuous link. (231) On the basis of the evidence which has come on record in the form of oral testimonies of the various witnesses, Expert/ Forensic Reports and other circumstantial evidence as discussed separately as aforesaid I hereby hold that the prosecution has been able to successfully establish that the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya along with their other associates (including the expired accused Yakub) in furtherance of their common intention voluntarily obstructed Sub Inspector Mahavir Singh and his team members all of whom were public servants, in discharge of their public functions and also assaulted and used criminal force on SI Mahavir Singh and on members of his raiding team being public servants in the execution of their duties as such public servants with the intent to prevent or deter SI Mahavir Singh and other public servants including Inspector Swadesh Prakash from discharging their St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 296 duties as such public servants. It has also been proved and established that all the accused in furtherance of their common intention fired upon the police party who tried to stop them which party comprised of SI Mahavir Singh, Inspector Jasmohinder Chaudhary (PW22), HC Surender Dahiya (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct. Subhash (PW29), Ct. Dhanraj (PW30), Ct. Pawan (PW31), Inspector Gajender (PW33) and others including Inspector Swadesh Prakash (CW1) who joined them by using firearms and throwing mountain rocks/ stones on the police team while directing the same on their vital parts with such intention or knowledge and under such circumstances that if they all by their act caused the death of SI Mahavir Singh or other raiding team members, they all would have been guilty of murder. Further, the prosecution has also been able to successfully prove and establish that the accused persons Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya committed mischief by killing/ slaughtering the cows (whose value is more than Rs.50/) so illegally lifted by them which was in furtherance of their common intention and also while causing damage to the official vehicle of SHO Police Station Vijay Vihar i.e. a public property while throwing stones and firing on the same. It also stands established that the accused persons in furtherance of their common intention transported the agriculture cattle from within and outside Delhi for purpose of slaughtering in contravention of provisions of Delhi Agriculture Cattle St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 297 Preservation Act and found in possession of flesh of Agriculture Cattle i.e. two cows in their vehicle bearing No. UP14M7786 Mahendra Pickup. Further, the accused Asif after his arrest also got recovered three slaughtered cows from the godown of accused Bholu at House No. 27, Block A3, Chanakya Place, Uttam Nagar.
(232) In so far as the accused Asif, Yakub (deceased), Wasim, Kailash, Sita Ram, Salim (Proclaimed Offender) and Bholu are concerned the complaint under Section 195 Cr.P.C. has been obtained and duly proved by Inspector Swadesh Prakash (CW1) and was also not disputed by the above accused who have only disputed the merits of the allegations made against them. Therefore the accused Asif, Wasim, Kailash, Sita Ram and Bholu are held guilty of offence under Section 186/34 Indian Penal Code. However, no complaint under Section 195 Cr.P.C. has been obtained in respect of the remaining accused namely Gulfam, Siraz, Shabuddin, Rizwan and Rajesh @ Puteya who are hereby acquitted of the charge under Section 186 Indian Penal Code. (233) Further, I hold the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya guilty of the offence under Sections 353/34 IPC, 307/34 IPC, 429/34 IPC; Section 3 and 4 of Prevention of Damage to Public Property Act and Sections 8 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 read with Section 34 of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 298 Indian Penal Code. The accused Asif is also held guilty of the offence under Section 25 and 27 of Arms Act. All the accused are accordingly convicted.
(234) Be listed for arguments on sentence on 7.10.2014.
Announced in the open court (Dr. KAMINI LAU)
Dated: 1.10.2014 ASJII(NW)/ ROHINI
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 299
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS JUDGE II (NORTHWEST): ROHINI COURTS: DELHI Session Case No. 144/2013 Unique Case ID No.:02404R0221992010 State Vs. (1) Asif S/o Sh. Yunus R/o Village Ajrala, PSMundali District Meerut, Uttar Pradesh (Convicted) (2) Bholu S/o Sh. Babu R/o F111, Ragubir Nagar Delhi (Convicted) (3) Salim S/o Sh. Munim R/o Gali No.1, 30 Fotta Santra Shyam Nagar, District Meerut, Uttar Pradesh (Proclaimed Offender) (4) Kailash S/o Sh. Ghasi Ram R/o Village Saloli, PS Raini District Alwar, Rajasthan (Convicted) St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 300 (5) Rizwan S/o Sh. Momin R/o Village Ajrala Pana Kurasiyan PS Sadar Mundali, District Meerut, Uttat Pardesh (Convicted) (6) Yakub S/o Sh. Hanif R/o Village Dhauldi, Tehsil Meerut PSJani, District Meerut, UP (Expired) (7) Wasim S/o Sh. Akram R/o Village Ghumri PS Chhajle Tehsil Kanth, District Meerut, Uttar Pradesh (Convicted) (8) Sita Ram S/o Sh. Mool Chand R/o Village Biderkhan PS Nagal District Dausa, Rajasthan (Convicted) (9) Gulfam S/o Sh. Ismail R/o Mohalla Rauhsul Nagar, Gas Godam Wali Gali, Shastri Nagar, Hapur Road Meerut, Uttar Pardesh (Convicted) St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 301 (10) Siraz S/o Sh. Riyazuddin R/o Teli Wala Kuan, Mohalla Kabuli Gali, Mawana, District Meerut, Uttat Pardesh (Convicted) (11) Sahbuddin S/o Abdul Rasid R/o H. No. 519, Gali No. 3, Old Chungi, Rampura Raod, Hapur, Uttar Pardesh (Convicted) (12) Rajesh @ Putiya S/o Sh. Dhariya R/o Village Kishore, PS Gazi, District Alwar, Rajasthan ( Convicted) (13) Khalid S/o - Not Known R/o House of Deepak, Near Shamshan Ghat, MBlock, Shakurpur, Delhi (Proclaimed Offender) FIR No.: 94/2010 Police Station: Kanjhawla Under Sections: 186/353/307/295A/429/411/482/34 IPC;
25/27 Arms Act; 3,4 PODPP Act;
5 (1), 8 DACP Act and 11 POCA Act
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 302
Date of Conviction: 1.10.2014
Arguments concluded on: 27.10.2014
Date of sentence: 29.10.2014
APPEARANCE:
Present: Sh. Shiv Kumar, Addl. Public Prosecutor for the State.
All the convicts namely Asif, Bholu, Kailash, Rizwan, Wasim, Sitaram, Gulfam, Siraz, Shahabuddin and Rajesh @ Puteya in Judicial Custody with Sh. Rajesh Juneja and Ms. Naim Jahan Advocates/ Amicus Curiae.
ORDER ON SENTENCE:
Adau Mata (Real Mother), GuruPatni (Wife of the Spiritual Master), Brahmani (wife of a brahmana), RajaPatnika (the Queen), Dhenur (the COW), Dhatri (the Nurse) and Prthvi (Earth) are the seven mothers so listed in the Scriptures.
According to Manu Samhita, Chapter 4, Verse 162: A guru, a teacher, a father, a mother, a brahmana, a cow and a yogi all should never be killed. The entire 28th Sukta or Hymn of 6th Mandal of Rigveda sings the glory of cow as under:
1) Everyone should ensure that cows are free from miseries and kept healthy.
2) God blesses those who take care of cows.
3) Even the enemies should not use any weapon on cows St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 303
4) No one should slaughter the cow
5) Cow brings prosperity and strength
6) If cows keep healthy and happy, men and women shall also keep disease free and prosperous
7) May the cow eat green grass and pure water. May they not be killed and bring prosperity to us.
There is a description of cow in a Mantra in the Rig Ved, which says that a tame, innocent cow should not be killed, she is the mother of the Rudras, daughter of Vasus and the sister of the Adityas. She is the belly button of Amrut, and the center of immortality.
The Yajur Ved considers a cow as incomparable, meaning that she has unlimited qualities and virtues. Cow is considered to be the mother of all. There is no concept of eating a cow's meat in the Vedas.
In fact, the Holy Koran says that eating cow meat brings many kinds of illnesses and diseases. Dr. Hafeez Pasha an Islamic Scholar observes that cow is a permitted animal, it is not compulsory to eat its meat but, more important, to drink the milk it provides and consume ghee made from it. Iranian Scholar AlGhazzali (10581111 AD), one of the most brilliant philosophers of Islam, stated that besides bread, whatever we eat is simply to satisfy our urge. At 28, he headed the Institute of Islam at Baghdad. In his book, Ihya UlumulDin The Revival of Religious Sciences (part 2, page 23, lines 1719), he describes the detrimental effects of beef and the virtues of ghee and milk from the cow, St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 304 thus: "The meat of cow is marz (disease), it's milk is safa (health) and it's ghee is dava (medicine)." It has been proven scientifically that regular drinking of cow milk is beneficial to the development of fine brain tissues. It helps sharpen memory, favouring remembrance of Allah. Therefore, the cow and its milk are important to development of human society (Source: 'Cow killing is not sanctioned' by Dr. Hafeez Pasha).
Indian society has addressed the Cow as gow mata. The Churning of the Sea episode brings to light the story of the creation of the cow. Five divine Kamadhenus (wish cows), viz, Nanda, Subhadra, Surabhi, Sushila, Bahula emerged in the churning. Dr. Subramanian Swamy another renowned scholar observes that .......the cow, according to the Vedas, provides four products for human use: (i) Godugdha (cow milk): As per Ayurveda, cow milk has fat, carbohydrates, minerals and Vitamin B and even a capacity for body resistance to radiation and for regenerating brain cells. (ii) Goghruta (ghee): The best ghee, it is, as per Ayurveda useful in many disorders. In yajna, it improves the air's oxygen level. (iii) Gomutra (urine): Eight types of urine are used for medicinal purpose nowadays, among which cow urine is held to be the best. The Americans are busy patenting it. It has anticancer, antibacterial, anti fungal and antioxidant properties. It has immunemodulator properties, which makes it useful for immune deficiency diseases. In the classics there are many references to cow urine as a drug of choice. Even the Parsis follow this practice. Lastly, (iv), Gomaya (dung) is considered as valuable St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 305 as Gomutra and used to purify the environment, as it has radium and checks radiation effects. Ancient Hindu wisdom on the medicinal properties of cow urine is borne out by two patents granted in the US for cow urine distillate (Patent numbers 6410059 and 6896907). Even China has granted the distillate a patent as a DNA protector. A global patent has been granted for cow urine, neem and garlic as a pest repellent and for fungicidal and growth promoting properties for different crops (WHO 2004/ 087618A1). A US patent has been granted for strains from Sahiwal cow milk for plant growth promoter phytopathogenic fungi controlling activity, abiotic stress tolerating capability, phosphatic solubilisation capability, etc. and CSIR has filed for a US patent for amrit pani, a mixture of cow dung, cow urine and jiggery, for soil health improvement properties. These claims were initially made in the Charaka Samhita, Sushrut, Vaghbhati and Nighantu, Ratnakar, etc. They prove the utility of cow dung and urine for sustainable agriculture as well as for disease prevention. The arguments in the West for cow slaughter are no more uncontested. There are better sources of protein than beef. Any dietician's chart shows that beef with 22 per cent protein ranks below soyabean (43), groundnut (31) and pulses (24 per cent). One kilogram of beef takes seven kg of crops and 7,000 kg of water to produce. Thus cow protection makes economic and ecological sense....... (Source: The Importance of the Cow in Vedic Culture by Subramanian Swamy).
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 306
The above observations have also been affirmed in various Judicial Pronouncements and the Seven Judges Constitutional Bench of the Hon'ble Supreme Court of India while considering the Constitutional vires of the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 in the case of State of Gujarat Vs. Mirzapur Moti Kureshi Kassab Jamat & Ors. reported in 2005 (8) SCC 534 and while upholding the total ban on slaughtering of cows and cow progeny as being intravires the Constitution, affirmed the aforesaid and I quote as under:
".......... In QuareshiI the Constitution Bench chose to bear it in mind, while upholding the constitutionality of the legislations impugned therein, insofar as the challenge by reference to Article 14 was concerned, that "the legislature correctly appreciates the needs of its own people". Times have changed; so have changed the social and economic needs. The Legislature has correctly appreciated the needs of its own people and recorded the same in the Preamble of the impugned enactment and the Statement of Objects and Reasons appended to it. In the light of the material available in abundance before us, there is no escape from the conclusion that the protection conferred by impugned enactment on cow progeny is needed in the interest of Nation's economy. Merely because it may cause 'inconvenience' or some 'dislocation' to the butchers, restriction imposed by the impugned enactment does not cease to be in the interest of the general public. The former must yield to the latter. On the basis of the available material, we are fully satisfied to hold that the ban on slaughter of cow progeny as imposed by the impugned St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 307 enactment is in the interests of the general public within the meaning of clause (6) of Article 19 of the Constitution. Hence, the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 (Gujarat Act No. 4 of 1994) is held to be intra vires the Constitution.....".
Hon'ble Mr. Justice R. C. Lahoti, the then CJI speaking for himself and on behalf of B. N. Agrawal, Arun Kumar, G. P. Mathur, C. K. Thakker and P. K. Balasubramanyan, (Majority View) held as under:
➢ India, as a nation and its population, its economy and its prosperity as of today are not suffering the conditions as were prevalent in 50s and 60s. The country has achieved self sufficiency in food production.
➢ Some of the states such as State of Gujarat have achieved self sufficiency in cattlefeed and fodder as well. Amongst the people there is an increasing awareness of the need for protein rich food and nutrient diet. Plenty of such food is available from sources other than cow/cow progeny meat.
➢ Advancements in the field of Science, including Veterinary Science, have strengthened the health and longetivity of cattle (including cow progeny). But the country's economy continues to be based on agriculture. The majority of the agricultural holdings are small units. The country needs bulls and bullocks. ➢ Excepting the advanced countries which have resorted to large St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 308 scale mechanized farming, most of the countries (India included) have average farms of small size. Majority of the population is engaged in farming within which a substantial proportion belong to small and marginal farmers category. Protection of cow progeny will help them in carrying out their several agricultural operations and related activities smoothly and conveniently. ➢ Organic manure would help in controlling pests and acidification of land apart from resuscitating and stimulating the environment as a whole.
➢ It cannot be accepted that bulls and bullocks become useless after the age of 16. This is because because till the end of their lives they yield excreta in the form of urine and dung which are both extremely useful for production of biogas and manure. An old bullock gives 5 tonnes of dung and 343 pounds of urine in a year which can help in the manufacture of 20 carts load of composed manure. This would be sufficient for manure need of 4 acres of land for crop production.
➢ The dung cake as well as meat of bullock are both commercial commodities. If one bullock is slaughtered for its meat (Slaughtering activity) can sustain the butchers trade for only a day. For the next day's trade another bullock is to be slaughtered. But if the bullock is not slaughtered, about 50006000 dung cakes can be made out of its dung per year, and by the sale of such dung cake St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 309 one person can be sustained for the whole year. If a bullock survives even for five years after becoming otherwise useless it can provide employment to a person for five years whereas to a butcher, bullock can provide employment only for a day or two. ➢ The Report of the National Commission on Cattle notices that that there are a good number of organizations (goshalas) which keep the cows rescued while being carried to slaughter houses. Very few of such cows are milk yielding. Such organizations use the urine and dung produced by these cows to prepare Vermi compost or any other form of bio manure and urine for preparing pest repellents and the money collected by the sale of such products is normally sufficient to allow maintenance of the cows. ➢ In some cases, the urine and dung is used to prepare the medical formulations also. The organizations, which are engaged in such activities, are making profits also. The National Commission for Cattle examined the balance sheet of some such organizations. The expenditure and income of one such organization is displayed here. In order to make accounts simple the amounts are calculated as average per cow per day. It is obvious that expenditure per cow is Rs. 1525 /cow/day. While the income from sale is Rs. 2535 cow day. It is obvious that all cow owners do not engage in productions of fertilizers or insect repellents. It can also be understood that such activity may not be feasible for owners of a single or a few cows. In St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 310 such cases, the cow's urine and dung may be supplied to such organizations, which utilize these materials for producing finished products required for agricultural or medicinal purposes. ➢ The National Commission for Cattle has noticed that some organizations which are engaged in production of agricultural and medical products from cow dung and urine do purchase raw materials from nearby cow owner at a price which is sufficient to maintain the cow.
➢ Furthermore considering the utility of bullocks above 16 years of age as draught power a detailed combined study was carried out by Department of Animal Husbandry and Gujarat Agricultural University. The experiments were carried out within the age group of 16 to 25 years. The study covered different age groups of 156 (78 pairs) bullocks above the age of 16 years. The aged bullocks i.e. above 16 years age generated 0.68 horse power draught output per bullock while the prime bullock generated 0.83 horse power per bullock during carting/hauling draft work in a summer with about more than 42 C temp. The study proves that 93% of aged bullock above 16 years of age are still useful to farmers to perform light & medium draught works. The study proves that 93% of aged bullock above 16 years of age are still useful to farmers to perform light and medium draught works. The aged bullocks St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 311 were utilized for different purposes like agricultural operations (ploughing, planking, harrowing, hoeing, threshing) and transport hauling of agricultural produce, feeds and fodders of animals and drinking water. At the most, it can be said that they become 'less useful'.
➢ For multiple reasons which we have stated in very many details while dealing with Question6 in Part II of the judgment, we have found that bulls and bullocks do not become useless merely by crossing a particular age.
➢ The Statement of Objects and Reasons, apart from other evidence available, clearly conveys that cow and her progeny constitute the backbone of Indian agriculture and economy. ➢ The increasing adoption of nonconventional energy sources like Biogas plants justify the need for bulls and bullocks to live their full life in spite of their having ceased to be useful for the purpose of breeding and draught. This Statement of Objects and Reasons tilts the balance in favour of the constitutional validity of the impugned enactment.
It is in the light of these Constitutional Provisions that I now proceed to deal with the present case relating to a Deadly Gang of Cattle Lifters/ Slaughterers from Mewat duly involved into lifting the cattle/ cows from various parts of Delhi for purposes of slaughtering and St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 312 thereafter transporting them within and outside Delhi and in case of resistance or obstruction by Law Enforcement Agency, meet the same by use of illegal force even if it was by causing death of the persons/ public servants so causing obstructions.
As per the allegations on 14.5.2010 at about 4:45 AM at Mundka Road leading to Rani Khera near village Rani Khera, Delhi the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahbuddin and Rajesh @ Putiya along with their associates Salim (Proclaimed Offender, Khalid (Proclaimed Offender) and Yakub (since expired) in furtherance of their common intention voluntarily obstructed SI Mahavir Singh and his team members i.e. public servants in discharge of their public functions and used criminal force on SI Mahavir Singh and his raiding team who are public servants in the execution of their duties as such public servants or with intent to prevent or deter them from discharging their duties as such public servants. It was further alleged that all the accused in furtherance of their common intention fired upon SI Mahavir Singh and his raiding team by firearms with such intention or knowledge and under such circumstances that if by their act they caused the death of SI Mahavir Singh or the raiding team members, they would have been guilty of murder. It has also been alleged that all the accused in furtherance of their common intention committed mischief by killing three cows of the value of Rs.50/ and upwards and deliberately and with malicious intention of outraging the religious feelings of any class of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 313 citizens of India by their acts insulted or attempt to insult the religion or the religious beliefs of that class. It is also alleged that all the accused in furtherance of their common intention committed mischief by throwing stones and by firing from firearms upon the official vehicle of SHO Police Station Vijay Vihar which is a Public Property and caused damage to the same. It is also alleged that all the accused in furtherance of their common intention they all transported three cows i.e. agriculture cattle from within and outside Delhi for purpose of its slaughter in contravention of provisions of Delhi Agriculture Cattle Preservation Act and found in possession of three slaughtered cows in their vehicle bearing No. UP14M7786 Mahendra PickUP.
On the basis of the testimonies of the various prosecution witnesses particularly the eye witnesses i.e. Inspector Jasmohinder Chaudhary, HC Surender Dahiya, HC Hari Chand, HC Rakesh, HC Rohtash, Ct. Subhash, Ct. Dhanraj, Ct. Pawan, Inspector Gajender and Inspector Swadesh Prakash and also on the basis of the testimonies of the other witnesses, the Expert/ Forensic Evidence and other circumstantial evidence on record this Court vide a detail judgment dated 1.10.2014 held the accused Asif, Wasim, Kailash, Sita Ram and Bholu guilty of the offence under Section 186/34 Indian Penal Code. However, the accused Gulfam, Siraz, Shabuddin, Rizwan and Rajesh @ Puteya have been acquitted of the charge under Section 186 Indian Penal Code. Further, the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 314 Gulfam, Shahabuddin and Rajesh @ Puteya have been held guilty of the offence under Sections 353/34 IPC, 307/34 IPC, 429/34 IPC; Section 3 and 4 of Prevention of Damage to Public Property Act and Sections 8 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 read with Section 34 of Indian Penal Code. The accused Asif has also been held guilty of the offence under Section 25/27 of Arms Act.
Vide the above detail judgment this Court has also observed that the prosecution has been able to successfully establish that in the wake of large number of incidents of cow slaughtering in Outer District a special team comprising of officials of Special Staff, Outer District and officials of Police Station Vijay Vihar was constituted on 14.5.2010 to apprehend the criminals involved in the crime; that on the same day all the members of the team were present in Police Station Vijay Vihar during the night and at about 3:00 AM a secret information was received by SI Mahavir Singh that criminals involved in such crime would be coming/ passing through the area of Outer District in a pickup van and the last digits of the van were 7786; that as per the information there might be some slaughtered cows in the van and the criminals might be carrying deadly weapons; that this information was shared by SI Mahavir with Inspector Swadesh Prakash, the then SHO of Police Station Vijay Vihar and other members of the team; that after getting briefing from Inspector Swadesh Prakash and SI Mahavir Singh the team along with the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 315 secret informer proceeded towards the place where the suspected criminals were suppose to come; that all the team members had gone there by private vehicles whereas Inspector Swadesh Prakash reached the spot separately from the team in his official Gypsy bearing no. DL 1C J 4854; that at about 4:004:15 AM the team was again briefed by SI Mahavir Singh on Rani Khera Village Road towards the road which leads to Mundka Phatak and after proper briefing the staff was deployed by SI Mahavir Singh.
This Court has also observed that the prosecution has been able to successfully prove and establish that at about 4:45 AM a white colored pickup van bearing No. UP14M7786 was seen coming from Mundka Fatak side and proceedings towards Rani Khera village; that on the pointing out of the secret informer all the members of the team were put on alert by signaling that the criminals had arrived; that HC Surender Dhaiya and Ct. Pawan had already been directed to put big stones in the middle of the road to force stop the vehicle; that the driver of the pickup van was indicated to stop the vehicle but since he did not stop and hence as per the plan HC Surender and Ct. Pawan put big stones on the road in order to stop the said vehicle but the driver severed the vehicle to one side and tried to escape from there; that the SHO Police Station Vijay Vihar was already waiting on the road in his official gypsy while the other police team followed the pickup van on their vehicles; that SHO Police Station Vijay Vihar tried to obstruct the pickup van by putting his official St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 316 gypsy on the road but the driver of the pickup van again escaped by turning the vehicle on the other side; that the persons sitting in the pickup van simultaneously started throwing stones on the police party; that one stone hit the official gypsy of the SHO Police Station Vijay Vihar which resulted into smashing of the front glass/ wind screen of the official gypsy; that finding themselves surrounded the driver of the pickup van was compelled to stop and all the persons sitting inside it jumped out and started running in different directions; that one of the persons who was trying to escape fired at police party which hit the bonnet of the gypsy of the SHO Police Station Vijay Vihar.
Further, the prosecution has been able to prove and establish that HC Rohtash and Ct. Sandeep overpowered the said person who had fired and managed to apprehend him and snatched the katta from his hand whose name was later revealed as Asif; that in the meanwhile another accused who was running away also took out a katta and as soon as he was about to fire on the police officials following him he was apprehended by HC Surender Dahiya with the help of Ct. Hari Chand and Ct. Kuldeep whose name was later revealed as Salim; that four other persons who were trying to escape were also apprehended by the other members of the police party whereas five - six persons managed to escape from the spot; that the person who had fired on the police party which fire had hit the bonnet of official Gypsy of SHO Police Station Vijay Vihar disclosed his name as Asif; that the person who was St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 317 apprehended by HC Surender Dahiya and others with a katta in his hand when he was about to fire on the police party disclosed his name as Saleem; that four persons who were trying to escape and were apprehended by Ct. Pawan, Ct. Ajit, HC Rakesh, Ct. Subhash and Ct. Dhanraj who disclosed their names as Yakub (apprehended by Ct. Ajeet and Ct. Pawan), Wasim (apprehended by HC Rakesh), Sita Ram (apprehended by Ct. Subhash) and Kailash (apprehended by Ct. Dhanraj); that other accused/ assailants managed to flee/ escape from the spot and on interrogation of the apprehended accused the names of these assailants who escaped were disclosed as Bholu, Gulfam, Shahbuddin, Khalid, Rizwan, Rajesh @ Puteya and Siraj; that one country made pistol (Ex.P1) with one empty cartridge (Ex.P2A) and one live cartridge (Ex.P2) was recovered from the possession of accused Asif; that one country made pistol (Ex.P3) with one live cartridge (Ex.P4) was also recovered from the possession of accused Saleem.
The prosecution has also been able to prove and establish that the pickup was then inspected and it was found to contain three slaughtered/ skinned cows and one plastic katta in open condition containing stones; that when the search was conducted inside the cabin four knives, three pointed rods and three hooked iron rods were recovered under the driver seat; that thereafter SI Mahavir Singh prepared the rukka and send the same to the police station for registration of the case and St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 318 also seized the various rods, knives and the kattas/country made pistols recovered from the vehicle; that after registration of case Inspector Gajender Singh the then SHO Police Station Kanjhawla reached the spot; that the accused Asif, Kailash, Sitaram, Wasim, Salim and Yakub who were apprehended at the spot alongwith the case property and documents were handed over to Inspector Gajender Singh by SI Mahavir; that thereafter Inspector Gajender Singh prepared the arrest memos of all the accused persons, conducted their personal search and prepared their memos and then recorded their disclosure statements; that four knives, three pointed rods and three hooked iron rods were also taken into possession and the offending vehicle bearing no. UP 14 M 7786 containing the remains of the slaughtered cows alongwith the contents i.e. the carcasses, flesh etc. was also taken into possession and seized; that on the basis of the complaint of SI Mahavir Singh the present case was registered; that pursuant to his disclosure statement the accused Asif led the police party to the godown of accused Bholu at House No. 27, Block A3, Chanakya Place, Uttam Nagar and got recovered three slaughtered cows; that on 14.5.2010 Ct. Jai Prakash took the pickup van bearing No. UP14M7786 containing the slaughtered cows to SLC Ghazipur where the meat was weighed at MCD Weighing Machine and the meat was found to be 1210 Kgs after which the meat/ beef was then destroyed.
Further, the prosecution has been able to successfully prove and establish that on 2.6.2010 pursuant to a secret information the St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 319 accused Bholu was apprehended from his godown at Chanakya Place in Uttam Nagar after which he was arrested the present case; that on 4.9.2012 the accused Siraj was apprehended by the members of Special Staff from near Delhi Jal Board, Sector 8 Rohini, Delhi after which the accused Siraj was arrested in the present case; that on 11.2.2013 the Investigating Officer came to know that the accused Rizwan was in Judicial custody in other case relating to Police Station Crime Branch after which he was arrested in the present case; that on 9.4.2013 pursuant to a secret information the accused Gulfam was apprehended by the members of Special Staff from near Mangolpuri Railway Station after which the accused Gulfam was arrested in the present case; that on 22.4.2013 pursuant to a secret information the accused Rajesh @ Puteya was apprehended by the members of Special Staff from Shamshan Ghat, Sector 8, Rohini, Vijay Vihar after which the accused was arrested in the present case; that on 1.7.2013 pursuant to a secret information the accused Shabuddin was apprehended by the members of the Special Staff from cattle fare at Tehsil Gulwathi, Meerut after which the accused was arrested in the present case.
It has been established that the motive of the offence was to lift/ steal/ commit theft of cattle for purposes of illegal slaughter and after slaughtering to transport the same within and outside Delhi and in case of resistance or obstruction, meet the same by use of illegal force even if it was by causing death of the person so causing obstruction. St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 320
Further, the Expert evidence in the form of report of Veterinary Experts conclusively confirmed that the slaughtered animals which were recovered and seized from the offending vehicle i.e. pickup van bearing No. UP14M7786 were cows i.e. two in number. The Forensic Evidence in the form of Ballistic Report established that the cartridge case marked exhibit EC1 (Ex.P2A before the Court) had been fired through the country made pistol recovered from the possession of accused Asif which was exhibit F2 by the Ballistic Expert (Ex.P1 before the Court) conclusively connects the accused Asif with the offence alleged.
The Ocular Evidence in the form of testimonies of the witnesses i.e. Inspector Jasmohinder Chaudhary, HC Surender Dahiya, HC Hari Chand, HC Rakesh, HC Rohtash, Ct. Subhash, Ct. Dhanraj, Ct. Pawan, Inspector Gajender and Inspector Swadesh Prakash conclusively connect the accused and finds independent support and confirmation from the Expert/ Forensic and Circumstantial evidence which has come on record.
The photographs of the spot so taken at the spot by SI Mahavir Singh and duly proved by Inspector Swadesh Prakash confirm the oral version and also establish the presence of the police vehicle as well as the offending vehicle, the weapons/ instruments of slaughtering inside the cabin of offending vehicle and slaughtered cows lying on the rear side of the Mahendra Pickup.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 321
This being the background, it has been held that the prosecution has been able to successfully establish that the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya along with their other associates (including the expired accused Yakub) in furtherance of their common intention voluntarily obstructed Sub Inspector Mahavir Singh and his team members all of whom were public servants, in discharge of their public functions and also assaulted and used criminal force on SI Mahavir Singh and on members of his raiding team being public servants in the execution of their duties as such public servants with the intent to prevent or deter SI Mahavir Singh and other public servants including Inspector Swadesh Prakash from discharging their duties as such public servants. It has also been proved and established that all the accused in furtherance of their common intention fired upon the police party who tried to stop them which party comprised of SI Mahavir Singh, Inspector Jasmohinder Chaudhary (PW22), HC Surender Dahiya (PW24), HC Hari Chand (PW26), HC Rakesh (PW27), HC Rohtash (PW28), Ct. Subhash (PW29), Ct. Dhanraj (PW30), Ct. Pawan (PW31), Inspector Gajender (PW33) and others including Inspector Swadesh Prakash (CW1) who joined them by using firearms and throwing mountain rocks/ stones on the police team while directing the same on their vital parts with such intention or knowledge and under such circumstances that if they all by their act caused the death of SI Mahavir Singh or other raiding team members, St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 322 they all would have been guilty of murder. Further, the prosecution has been able to prove and establish that the accused persons in furtherance of their common intention committed mischief and also damaged public property. It has also been established that the accused persons in furtherance of their common intention transported the agriculture cattle from within and outside Delhi for purpose of slaughtering in contravention of provisions of Delhi Agriculture Cattle Preservation Act and found in possession of flesh of Agriculture Cattle i.e. two cows in their vehicle bearing No. UP14M7786 Mahendra Pickup. Further, the accused Asif after his arrest also got recovered three slaughtered cows from the godown of accused Bholu at House No. 27, Block A3, Chanakya Place, Uttam Nagar.
In so far as the accused Asif, Yakub (deceased), Wasim, Kailash, Sita Ram, Salim (Proclaimed Offender) and Bholu are concerned the complaint under Section 195 Cr.P.C. has been obtained and duly proved by Inspector Swadesh Prakash (CW1) and was also not disputed by the above accused who have only disputed the merits of the allegations made against them. Therefore the accused Asif, Wasim, Kailash, Sita Ram and Bholu have been held guilty of offence under Section 186/34 Indian Penal Code. However, no complaint under Section 195 Cr.P.C. has been obtained in respect of the remaining accused namely Gulfam, Siraz, Shabuddin, Rizwan and Rajesh @ Puteya who have been acquitted of the charge under Section 186 Indian St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 323 Penal Code.
Further, the accused Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahabuddin and Rajesh @ Puteya have been held guilty of the offence under Sections 353/34 IPC, 307/34 IPC, 429/34 IPC; Section 3 and 4 of Prevention of Damage to Public Property Act and Sections 8 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 read with Section 34 of Indian Penal Code. The accused Asif has also been held guilty of the offence under Section 25/27 of Arms Act and all the accused have been convicted accordingly.
Heard arguments on the point of sentence. The convict Asif is a young boy of 30 years having a family comprising of aged parents, four brothers, one sister, wife and one daughter. He is totally illiterate and is reported to be a Farmer by profession.
The convict Bholu is aged about 45 years having a family comprising of three brothers, wife, two daughters and two sons. He is totally illiterate and at the time of incident was reportedly working in a Garment Shop.
The convict Kailash is a young boy of 28 years having a family comprising of aged widow mother, two married sisters, wife and one son. He is 8th class pass and is reported to be a labour by profession.
The convict Rizwan is aged about 40 years having a family St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 324 comprising of aged parents, six brothers, wife, one daughter and two sons. He is totally illiterate and is reported to have a chicken shop in his native village.
The convict Wasim is a young boy of 24 years having a family comprising of aged widow mother, three brothers and three sisters. He is totally illiterate and is reported to be a labour by profession.
The convict Sitaram is aged about 40 years having a family comprising of aged widow mother, wife, three daughters and one son. He is totally illiterate and is reported to be a labour by profession.
The convict Gulfam is a young boy of 25 years having a family comprising of aged widow mother, four sisters, wife and two daughters. He is totally illiterate and is reported to be a labour by profession.
The convict Siraj is a young boy of 30 years having a family comprising of aged father, one brother, wife, two sons and two daughters. He is totally illiterate and is reported to be a labour by profession.
The convict Shahbuddin is a young boy of 26 years having a family comprising of aged parents, five brothers, three sisters and wife. He is 5th class pass and is reported to be a labour by profession.
The convict Rajesh @ Puteya is a young boy of 30 years having a family comprising of aged parents, one brother, three sisters, wife, three daughters and one son. He is totally illiterate and is reported to be a labour by profession.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 325
The Ld. Counsels appearing on behalf of the convicts have vehemently argued that all the convicts belong to poor families and are helping hands to their respective families. It is submitted that the convicts Gulfam, Bholu and Shahabuddin are first time offenders and have no criminal record. It is prayed that keeping in view the family background of the convicts a lenient view be taken against them.
On the other hand the Ld. Addl. PP for the State has prayed for a stern view against the convicts keeping in view the allegations against them. He has vehemently argued that though the convicts Gulfam, Bholu and Shahabuddin are first time offenders yet the convicts Asif, Sita Ram, Wasim, Kailash, Siraj, Rizwan and Rajesh @ Putiya are desperadoes and are involved in many other cases of similar nature. He has pointed out that the convict Asif is involved in Twenty other cases details of which are as under:
S. FIR No Sections Police Station Status
No
1. 54/2013 25/27/54/59 Arms BADAR PUR Pending Trial
Act.
2. 24/2013 395/397/457IPC & SHAHBAD Pending Trial
25/27/59 Arms Act & DAIRY
5/12/11 DACP Act
3. 09/2013 392/34 IPC BURARI Pending Trial
4. 06/2013 379 IPC DARYA GANJ Pending Trial
5. 01/2013 393/398/34 IPC BHALSWA Pending Trial
DAIRY
6. 54/2013 379/411 IPC KALKAJI Compromised
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 326
7. 06/2013 379/429/153 A IPC & DARYA GANJ Acquitted
11 PCAA Act &
4/8/12/13 DACP Act.
8. 268/2012 379 IPC NANGLOI Untraced
9. 32/2013 186/353/332/307/12/1 SARASWATI Convicted
20B/ 34 IPC, 25/27 A VIHAR
Act, 3 PDPP Act 1984
and 5 DACP Act
10. 151/2010 379/429/295 A/153 A VIJAY VIHAR Pending Trial
IPC & 11 Prevention
of cruelty Against
Animals Act &
04/08/13 Delhi
Agricultural cattle
preservation Act.
11. 149/2012 429/295 A IPC & 11 VIJAY VIHAR Pending Trial
Prevention of Cruelty
Against Animals Act.
12. 127/2010 295 A IPC & 11 VIJAY VIHAR Pending Trial
Prevention of Cruelty
against Animals Act
13. 106/2009 25 Arms Act MUNDALI Pending Trial
14. 319/2009 429/153 A IPC NANGLOI Pending Trial
15. 213/2009 429/153 A IPC NANGLOI Pending Trial
16. 310/2009 429/153 A IPC NANGLOI Discharged
17. 276/2009 429/153 A IPC MUNDALI Pending Trial
18. 120/2005 110(G) Crpc MUNDALI Bound down for
one year
19. 163/2004 110(G) Crpc MUNDALI Bound down for
one year
20. 120/2004 379/411 IPC MUNDALI Pending Trial
The convict Kailash is involved in another case bearing FIR No. 64/2009, PS Sultan Puri, under Sections 411 IPC and 11 of Protection to Cruelty to Animals Act.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 327
The convict Rizwan is involved in two other cases details of which are as under:
S. FIR No Sections Police Station Status No 1 18/2013 411/34 IPC and CRIME Pending Trial 25/27/54/59 Arms BRANCH Act. 2 20/2013 380/457/411/186/353/14 SHAHBAD Pending Trial 7/307/279/337 IPC & DAIRY 25/27/54/59 Arms Act & 5/11/12 DACP Act 1994
The convict Wasim and Sitaram are involved in another case bearing FIR No. 64/2009, PS Sultan Puri, under Sections 411 IPC and 11 of Protection to Cruelty to Animals Act.
The convict Siraj is involved in two other cases details of which are as under:
S. FIR No Sections Police Station Status No 1 313/2009 429/153A IPC NANGLOI Pending Trial 2 276/2009 429/153A IPC NANGLOI Pending Trial
The convict Rajesh @ Puteya is involved in Twelve other cases details of which are as under:
S. FIR No Sections Police Station Status
No
1 20/2013 380/457/411/186/353/147/ SHAHBAD Pending Trial
307/279/337 IPC & DAIRY
25/27/54/59 Arms Act &
5/11/12 DACP Act 1994
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 328
2 54/2010 379/427/34 IPC KANJHAWALA Untraced
3 60/2010 379 IPC KANJHAWALA Untraced
4 91/2010 380 IPC KANJHAWALA Untraced
5 31/2010 379 IPC JAFARPUR Untraced
KALAN
6 71/2010 379/429 IPC BEGUMPUR Untraced
7 92/2009 429/153A IPC NANGLOI Pending Trial
8 276/2009 429/153A IPC NANGLOI Pending Trial
9 343/2009 429/153A IPC NANGLOI Pending Trial
10 319/2009 429/153A IPC NANGLOI Pending Trial
11 310/2009 429/153A IPC NANGLOI Discharged
12 109/2008 304/308/427/429/418/302 KAPASHERA Pending Trial
Ld. Addl. PP for the State has prayed that a stern view be taken against the convicts keeping in view the previous criminal record and the fact that the convicts have no respect for law of the land.
I have considered the rival contentions and I may observe that the convicts Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahbuddin and Rajesh @ Putiya belong to the notorious, ferocious and desperate gang of Cattle Lifters from Mewat known to hit back at Police having no fear of law. They all hail from Meerut, Uttar Pradesh and Alwar, Rajasthan and surrounding areas which are close to Mewat and are involved in large number of case of similar nature involving lifting and slaughtering of cattle particularly cows in and around Delhi exhibiting gross criminal apathy to the fact that their acts have the effect of hurting religious sentiments of a section of the society, promote enmity between different religious groups and disturb public St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 329 tranquility. The modus operandi adopted by them is that they move around in pickup vans and commit Robberies/ Dacoites in hired and stolen vehicles which are designed and improvised to withstand the blunt force impact and just ram into vehicles and break barricades. They are brutal in their ways and known to hit back at police teams in hot pursuit and carry mountain rocks/ stones and dead animals which they brutally hurl and throw on these police parties as has happened in the present case. Mewat has earned a criminal notoriety and as per the Data made public by the Delhi Police they have shortlisted about 126 criminals hailing from this area of Mewat (which extends from Alwar in Rajasthan to areas of Nuh and Ferozpur Jhirka etc. in Haryana and areas bordering Uttar Pradesh including Meerut). In fact the Delhi Police has identified 20 such gangs from Mewat which according to them operate in and around Delhi, which gangs comprise of young persons mostly in the age group of 2026 years who in order to hide their rural background, are well dressed in Jeans and Tshirts and speaks fluent Hindi but specialized in crimes of Cattle Lifting/ Slaughtering etc. These organized criminal gangs from Mewat existed even during the British era but confined themselves to specific crimes but as on date they have been found to be indulging into other heinous and serious crimes from Cattle Lifting/ Slaughter to Robberies/ Dacoities and also Crime Against Women (Recent Dhaula Kuan Rape Case). These criminals have least concern for law; for law abiding citizens and least for the of all, for the Religious St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 330 Beliefs and Sentiments of persons belonging to a particular section/ class and exhibit gross Criminal Indifference to the consequence of their acts. These convicts namely Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahbuddin and Rajesh @ Putiya unhesitatingly and indiscriminately use dangerous firearms not only on helpless victims but also on police personnel's, thereby spreading terror in the society, spreading communal disharmony and adversely affecting social order and faith of people in the System and therefore it is now for the Courts to meet these challenges facing the society by suitably moulding the sentencing system.
The Hon'ble Apex Court has time and again stressed upon the need for awarding the punishment for a crime which should not be irrelevant but should be conform to and be consistent with the atrocity and the brutality with which the crime has been perpetrated, the enormity of the crime warranting public abhorrence of the crime and responding to the society's cry for justice against the criminal. (Ref. Ravji Vs. State of Rajasthan reported in 1996 (II) SCC 175). Punishment ought to fit the crime and sometime it is desirability to keep the offender out of circulation. Undue sympathy, under these circumstances, to impose inadequate sentence upon the convicts who are habitual and repeat offenders would do more harm to the justice system to undermine the public confidence in the efficacy of law and society can no long endure under such serious threats. It is, therefore, the duty of this court to award St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 331 a sentence having regard to the nature of the offence and the manner in which it was executed or committed. (Ref: Sevaka Perumal Etc. Vs. State of Tamil Nadu reported in AIR 1991 SC 1463).
All the convicts before this Court namely Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahbuddin and Rajesh @ Putiya are desperate criminals who have no respect for law and legal process of this Country, involved in cases relating to Cattle Lifting/ Slaughtering; Robberies/ Dacoities; Damage to Public Properties; Attempt to Murder, Obstructing Public Servant on Duty and causing injuries being armed with Deadly weapons while committed these offences. They have also been booked for promoting enmity between different groups on the ground of religion, class etc. and by doing acts prejudicial to maintenance of harmony in areas in and around Delhi but this frequent police action does not appear to deter them. These convicts appear to be entertaining a notion that perhaps the Legal System of this Country is incompetent and inadequate to hold them back for their illegal activities. No doubt, the Indian Legal System particularly the Criminal Justice Mechanism has certain practical failings which is highly disturbing and to some extent appears to have shaken the faith of the people resulting into emboldening of these criminals. I hereby hold that given this background the convicts before this Court namely Asif, Sita Ram, Wasim, Kailash, Bholu, Siraj, Rizwan, Gulfam, Shahbuddin St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 332 and Rajesh @ Putiya deserve no mercy and I award the following sentence to them:
Asif S/o Yunus:
1. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three (3) Months.
2. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) Years.
3. For the offence under Section 307 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
4. For the offence under Section 429 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Five (5) Years.
5. For the offence under Section 25 Arms Act the convict is sentenced to Rigorous Imprisonment for a period of Three (3) Years and fine to the tune of Rs.2,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 333 of One Week.
6. For the offence under Section 27 of Arms Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) Years and fine to the tune of Rs.2,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Week.
7. For the offence under Section 3 and 4 of Prevention of Damage to Public Property Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.2,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Week.
8. For the offence under Section 5 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 the convict is sentenced to Rigorous Imprisonment for a period of One Year.
All the sentences shall run concurrently.
Bholu S/o Babu Khan:
1. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three (3) Months.
2. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 334 Years.
3. For the offence under Section 307 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
4. For the offence under Section 429 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Five (5) Years.
5. For the offence under Section 3 and 4 of Prevention of Damage to Public Property Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.2,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Week.
6. For the offence under Section 5 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 the convict is sentenced to Rigorous Imprisonment for a period of One Year.
All the sentences shall run concurrently.
Kailash S/o Ghasi Ram:
1. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three (3) St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 335 Months.
2. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) Years.
3. For the offence under Section 307 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
4. For the offence under Section 429 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Five (5) Years.
5. For the offence under Section 3 and 4 of Prevention of Damage to Public Property Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.2,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Week.
6. For the offence under Section 5 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 the convict is sentenced to Rigorous Imprisonment for a period of One Year.
All the sentences shall run concurrently.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 336 Rizwan S/o Momin:
1. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) Years.
2. For the offence under Section 307 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
3. For the offence under Section 429 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Five (5) Years.
4. For the offence under Section 3 and 4 of Prevention of Damage to Public Property Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.2,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Week.
5. For the offence under Section 5 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 the convict is sentenced to Rigorous Imprisonment for a period of One Year.
All the sentences shall run concurrently.
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 337 Wasim S/o Akram:
1. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three (3) Months.
2. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) Years.
3. For the offence under Section 307 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
4. For the offence under Section 429 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Five (5) Years.
5. For the offence under Section 3 and 4 of Prevention of Damage to Public Property Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.2,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Week.
6. For the offence under Section 5 punishable under Section 13 of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 338 Delhi Agriculture Cattle Preservation Act, 1994 the convict is sentenced to Rigorous Imprisonment for a period of One Year.
All the sentences shall run concurrently.
Sitaram S/o Mool Chand:
1. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three (3) Months.
2. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) Years.
3. For the offence under Section 307 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
4. For the offence under Section 429 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Five (5) Years.
5. For the offence under Section 3 and 4 of Prevention of Damage to Public Property Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 339 Rs.2,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Week.
6. For the offence under Section 5 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 the convict is sentenced to Rigorous Imprisonment for a period of One Year.
All the sentences shall run concurrently.
Gulfam S/o Ismail:
1. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) Years.
2. For the offence under Section 307 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
3. For the offence under Section 429 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Five (5) Years.
4. For the offence under Section 3 and 4 of Prevention of Damage to Public Property Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 340 Rs.2,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Week.
5. For the offence under Section 5 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 the convict is sentenced to Rigorous Imprisonment for a period of One Year.
All the sentences shall run concurrently.
Siraj S/o Riyazuddin:
1. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) Years.
2. For the offence under Section 307 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
3. For the offence under Section 429 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Five (5) Years.
4. For the offence under Section 3 and 4 of Prevention of Damage to Public Property Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 341 Rs.2,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Week.
5. For the offence under Section 5 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 the convict is sentenced to Rigorous Imprisonment for a period of One Year.
All the sentences shall run concurrently.
Shahbuddin S/o Abdul Rashid:
1. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) Years.
2. For the offence under Section 307 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
3. For the offence under Section 429 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Five (5) Years.
4. For the offence under Section 3 and 4 of Prevention of Damage to Public Property Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 342 Rs.2,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Week.
5. For the offence under Section 5 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 the convict is sentenced to Rigorous Imprisonment for a period of One Year.
All the sentences shall run concurrently.
Rajesh @ Puteya S/o Dhariya:
1. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) Years.
2. For the offence under Section 307 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One Month.
3. For the offence under Section 429 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Five (5) Years.
4. For the offence under Section 3 and 4 of Prevention of Damage to Public Property Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 343 Rs.2,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Week.
5. For the offence under Section 5 punishable under Section 13 of Delhi Agriculture Cattle Preservation Act, 1994 the convict is sentenced to Rigorous Imprisonment for a period of One Year.
All the sentences shall run concurrently.
Benefit of Section 428 Cr.P.C. shall be given to the convicts for the period already undergone by them in the present case, as per rules. It is clarified that though the sentences imposed for the various sections as above shall run concurrent in the present FIR but in so far as the sentences awarded to the convicts in any other case (if any) are concerned, the sentences now imposed shall run CONSECUTIVELY to the sentences so awarded to the convicts in the other cases.
Before ending, I may observe that Article 51A of Constitution of India provides that it is the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. Further, Article 48 of Constitution of India which is part of the directive principles of the State Policy provides that the State shall endeavour to organize agriculture and animal husbandry on modern and scientific lines St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 344 and shall in particular take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and drought cattle. In pursuance to the aforesaid the Prevention of Cruelty to Animals Act, 1960 was enacted on 26.12.1960 and the Delhi Agricultural Cattle Preservation Act, 1994 was legislated and modified on 15.4.1994 (Delhi Act No.7 of 1994). The Hon'ble Apex Court (Seven Judges Constitutional Bench) had taken a note of these Constitutional Provisions in the case of State of Gujarat Vs. Mirzapur Moti Kureshi Kassab Jamat & Ors. (Supra) while upholding the total ban on the slaughter of cow and cow progeny and observed as under:
"..... A milch cattle goes through a life cycle during which it is sometime milch and sometimes it becomes dry. This does not mean that as soon as a milch cattle ceases to produce milk, for a short period as a part of its life cycle, it goes out of the purview of Article 48, and can be slaughtered. Similar is the position as regards a draught cattle.
The reasoning is further strengthened by Article 51A(g) of the Constitution. The State and every citizen of India must have compassion for living creatures. A cattle which has served human beings is entitled to compassion in its age when it has ceased to be milch or draught and becomes socalled 'useless'. It will be an act of reprehensible ingratitude to condemn a cattle in its old age as useless and send it to a slaughter house taking away the little time from its natural life that it would have lived, forgetting its service for the major part of its life, for which it had remained milch St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 345 or draught......"
Ironical it is that the Delhi Agricultural Cattle Preservation Act, 1994 which provides for the preservation of animal suitable for milch, draught, breeding or agricultural purposes and prohibits slaughter of any agricultural cattle and sale, purchase, disposal of agricultural cattle for slaughter has miserably failed to deliver on account of inherent contradictions in the Act itself. The manner in which the stringent provisions of the Act are being flouted with ease is a matter which requires legislative attention and consideration. The present case is an eye opener which exposes the manner in which the agricultural cattle particularly cows are being rampantly lifted illegally and then brutally slaughtered/ skinned while in transit/ during transportation by these Law Breakers only to bargain for a lesser punishment in case if they are apprehended/ caught. The reason for this instantaneous slaughtering and skinning of the illegally lifted cattle during the transit/ transportation is obvious. Under the Delhi Agricultural Cattle Preservation Act, 1994 the punishment when found in possession of a living cattle is Five Years (Sections 5 and 12 of the Act) whereas the maximum punishment contemplated when found in possession of slaughtered cattle is only One Year or fine (Sections 8 and 13 of the Act). These gangs of cattle lifters are thus able to successfully evade St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 346 an effective punishment provided under the Act by slaughtering and skinning these illegally lifted cattle almost immediately while in transit and then bargaining for lesser punishment. This difference in the maximum punishment provided under the Act for the offence under Section 5 (which is Five Years) and Section 8 (which is One Year or fine) is something which provides an easy Escape Route to these ruthless butchers to bargain for a lesser punishment when they instantaneously slaughter these illegally lifted agricultural cattle during transit/ transportation.
I am pained to observe that what the Municipal Corporation of Delhi could not do for years together, these Mewati Gangs of Cattle Lifters/ Slaughterers have done i.e. "....Clear the City of Cattle" ..... But it has come at a Heavy Cost? Does it not bother anybody as to how the National Wealth of the country is being dissipated? Is it not hypocrisy to the Core that we go hunting around the city for cattle/ cows when it comes to issues relating to fulfilling our Personal Religious Beliefs and Obligations but turn a Blind Eye without thought when it comes to Seriously evolving a National Policy based upon National Consensus as regards the manner in which the Cattle Wealth of the country is required to be preserved and protected which aspect is so closely integrated to issues relating to Health and Economy of the country whilst leaving these poor animals at the mercy of these St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 347 ruthless butchers. I can only hope that some Serious Deliberated Action is undertaken on these aspects which apparently require immediate attention of those who are at the helm of affairs.
The convicts have been informed that they have a right to prefer an appeal against the judgment. They have been apprised that in case they cannot afford to engage an advocate, they can approach the Legal Aid Cell, functioning in Tihar Jail or write to the Secretary, Delhi High Court Legal Services Committee, 3437, Lawyers Chamber Block, High Court of Delhi, New Delhi.
One copy of the judgment and order on sentence be given to the convicts free of costs and one copy of order on sentence be attached with their jail warrants.
File be consigned to Record Room to be taken up on arrest of accused Salim and Khalid who are Proclaimed Offenders.
Announced in the open Court (Dr. KAMINI LAU)
Dated: 29.10.2014 ASJ (NW)II: ROHINI
St. Vs. Asif Etc., FIR No. 94/2010, PS Kanjhawla Page No. 348