Delhi District Court
State vs . : Dharmender & Anr. on 1 August, 2023
IN THE COURT OF DR.JAGMINDER SINGH:
ADDITIONAL SESSIONS JUDGE-03 - (SOUTH-WEST)
DWARKA COURTS: NEW DELHI
State Vs. : Dharmender & Anr.
S.C. No. : 527/2021
FIR No : 25/2021
U/s : 302/201/34 IPC and 27 Arms Act
P.S. : J.P. Kalan
JUDGEMENT
1. CNR No. of the Case : DLSW01-008418-2021 2. Date of commission of offence : 22.03.2021 3. Date of institution of the case : 12.08.2021
4. Date of committal to Sessions Court: 08.09.2021
5. Name of the complainant : Sh. Ishwar Singh
6. Name of accused, parentage & :1) Dharmender address S/o Sh. Rajesh, R/o Village Bijwasan, Dwarka Sector-23, New Delhi and
2) Lucky S/o Sh. Sher Singh, R/o Village Nangal Shallo, District Mahendergarh, Haryana.
7. Offence complained off : u/s 302/201/34 IPC and 27 Arms Act
8. Plea of the accused : Pleaded not guilty
9. Date on which order was reserved : 31.07.2023
10. Final order : Acquitted
11. Date of final order : 01.08.2023 State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 1 of 16 Brief statement of reasons for decision :
1. The present case was registered on the complaint of complainant Sh. Ishwar Singh that on 22.03.2021 at about 05:15 PM, he along with Rajender @ Raj, Pale Ram, Mukesh @ Foji (deceased) were sitting in front of House of Satish in the fields of Rajender @ Raj under a Neem tree near Phirni Road and were talking to each other. Meanwhile, at about 05:30 PM, one Apache Motorcycle bearing no. DL-9-E-5521 came there on which two persons were riding. The driver was wearing a helmet and pillion rider was having a mask on his face. The pillion rider stepped down from bike and asked about the Rakesh.
Complainant and Rajender told him that Rakesh had not come there. Thereafter, that boy fired upon Mukesh who fell down after infliction of fire injury and thereafter, said boys again fired 2-3 rounds upon Mukesh and then, both said boys fled away on motorcycle towards main road. Meanwhile, nephew of deceased Mukesh @ Foji reached there and took him to Nishant Hospital. He (complainant) made 100 number call, then, PCR came at the spot.
2. After registration of case, investigation started and after completion of investigation, charge-sheet was filed qua accused persons namely Dharmender, Lucky and Amit Gulia for the offence punishable u/s 302/120B/34 IPC and 27 Arms Act.
3. Accused persons were summoned after taking cognizance. After complying of Section 207/208 Cr.P.C., the matter was committed to Sessions Court. After hearing arguments on the point of charge, accused Amit Gulia was discharged vide order dated 21.07.2022 and charge was framed against accused Dharmender and Lucky for the offence punishable under Sections 302/201/34 IPC and 27 Arms Act to State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 2 of 16 which they pleaded not guilty and claimed trial.
4. In order to substantiate the charge, prosecution has filed list of 26 witnesses and examined 13 witnesses. Both accused persons had also admitted the genuineness of certain documents u/s 294 Cr.P.C.
5. PW1 Sh. Rajender stated that he is retired from CBT, Delhi Cant. On 22.03.2021 in the evening, he was playing cards under Neem tree near Phirni with Pale Ram, Ishwar Singh and Mukesh @ Fauji. Someone shot Mukesh @ Fauji. He got frightened and could not notice who had fired upon Mukesh @ Fauji. He do not know as how many persons came at spot to attack on Mukesh. He even cannot tell as to by which mode they reached at spot. He even cannot tell as to in which direction attackers fled away. Many persons were gathered at the spot and Mukesh was removed from the spot.
6. PW2 Sh. Pal Singh stated that he was retired as peon from Khalsa School in year 2018. On 22.03.2021 in evening, he was sitting under Neem tree near Phirni with Rajender Singh, Ishwar Singh and Mukesh @ Fauji. Someone shot Mukesh @ Fauji. He got frightened and could not notice who had fired upon Mukesh @ Fauji. He do not know as how many persons came at spot to attack on Mukesh. He even cannot tell as to by which mode they reached at spot. He even cannot tell as to in which direction attackers fled away. Thereafter, he fell down being semi conscious and do not know anything about the incident.
7. PW3 Sh. Ravi Prakash stated that he was running a restaurant in the name of Tehlan Chicken Corner. On 22.03.2021, he was present at road and was waiting for someone. At about 05:00 - 05:30 PM, two persons came there at Apache Bike, Black Colour and asked from him whether it was Ujjwa Village State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 3 of 16 and he replied in affirmative. Driver of the motorcycle was wearing a helmet and pillion rider was having mask on face and he could not see face of any of them. One of them was wearing orange colour T-Shirt. Thereafter, he went away for his personal work and he do not know, where those boys had gone. However, later on, he came to know that someone had murdered Mukesh in the village. He do not know who had committed the murder of Mukesh. He do not remember the registration number of said Apache Bike.
8. PW4 Sh. Nishant Tehlan stated that he is working in a company. On 22.03.2021 at about 05:30 PM, one of his co- villager had come to him and informed that his uncle Sh. Mukesh had been shoot near the house of one Sh.Satish. He immediately reached to his home and reached at the spot with his swift car and took his uncle to RTRM Hospital, where after examination, doctor declared his uncle as brought dead. The dead body of his uncle was preserved at mortuary of RTRM Hospital. During investigation, IO recorded his statement.
9. PW5 Sh. Rakesh Khaddu stated that he is a farmer by profession. On 23.03.2021, he went to RTRM Hospital, where, he identified the dead body of his brother Sh.Mukesh S/o Sh. Azad Singh at the mortuary. After postmortem, dead body was handed over to him. IO recorded his statement Ex.PW5/A regarding identification of dead body.
10. PW6 Sh. Sunny Dev stated that he is a photographer by profession for last about 20 years. On 23.03.2021, he was called by police at RTRM Hospital to shoot videography and clicking photographs of postmortem of deceased Mukesh. He shoot videography and clicked the photographs Ex.PW6/A1 to Ex.PW6/A19 as per instructions of the IO through his digital State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 4 of 16 camera and handed over 19 photographs and Video CD Ex.PW6/B to IO. He had also given a certificate u/s 65-B of I.E. Act Ex.PW6/C.
11. PW7 Sh. Jasbir stated that he is a driver by profession. On receiving a notice u/s 91 Cr.P.C. on 27.03.2021, he handed over his DVR containing the footage of incident dated 22.03.2021 to IO and IO seized the same vide seizure memo Ex.PW7/A. He had not temper with DVR in any manner. He had also issued a certificate Ex.PW7/B u/s 65-B of I.E. Act.
12. PW8 Sh. Ishwar Singh is the complainant who stated that he is retired government employee and had retired from DTC as ATI. Presently, he is not working and used to stay at home. On 22.03.2021 at about 05:15 PM - 05:30 PM, he along with Rajender, Mukesh and Pale Ram were sitting in the fields of Rajender under the tree of Neem. He heard gun shot noise from his back side. Rajender said that someone had fired towards them. Thereafter, he made a call at 100 number. Police reached at spot. He cannot tell who were the assailants and in which direction they ran away. After the incident many persons gathered at the spot. Mukesh sustained injuries. He cannot tell how and on which part of his body, Mukesh sustained injuries.
13. PW9 Retired SI Ram Niwas stated that on 22.03.2021, he was posted as SI in mobile crime team. On that day, he received a call from the control room that a murder took place at village Ujjwa and he was directed to reach at the spot. Thereafter, he along with HC Suraj Bhan/photographer reached at the spot i.e. on the fields situated at Phirni road, village Ujjwan, Delhi. There he saw that many persons had gathered under the Neem tree. Police was also present at the spot. There were many chair lying at the spot, one table, two empty State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 5 of 16 cartridges, blood was lying at the spot and one slipper was lying near the chair and another one at some distance. Photographs Ex.PW9/B (Colly) of the spot were taken by HC Suraj Bhan. IO was informed about the blood samples. Thereafter, he prepared crime inspection report Ex.PW9/A.
14. PW10 ASI Deepak Kumar stated that on 22.03.2021, he was posted as ASI in PCR and was assigned duties to take PCR Calls. On that day at about 05:35:06 PM, he received a call that one person has been shot dead by two persons on the motorcycle bearing registration no. DL-9-E-5221. He dispatched the said call as per rules. He brought the certified copy of Emergency Response Support System Form for event ID 2958945 of the said call along with certificate under Section 65- B of I.E. Act and letter dated 12.11.2022 Ex.PW10/A (Colly).
15. PW11 SI Rahul stated that on 22.03.2021, he was posted at PS J.P. Kalan as PSI. On that day, he was on day emergency duty along with SI Johny and his duty timings were from 08:00 AM to 08:00 PM. SI Johny received a call vide DD No. 77A with regard to one person being shot by two persons who came on a motorcycle no. DL-9-E-5221. Thereafter, he along with SI Johny went to the spot i.e. an open plot in front of House of Satish, Village Ujjwan, Phirni Road, New Delhi. There was one Neem tree near the spot. The injured was already shifted to the hospital. Blood was lying at the spot. SI Johny met complainant Sh. Ishwar Singh who is the eye witness of the incident. He remained at the spot and SI Johny went to RTRM Hospital. After sometime, SI Johny reached at the spot and crime team was called at the spot, who took photographs of the spot and inspected the spot. Two empty cartridges were found lying at the spot by the crime team on which 'KF 7.65' was written, same State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 6 of 16 was handed over to SI Johny by crime team. The sketch of the cartridges were prepared on the blank paper by the IO. It was having length 1.8 cm and breadth was 0.9 cm. Both cartridges were put in one plastic box and was given Mark X1. IO seized the said cartridges vide seizure memo Ex.PW11/A. Crime team took the blood stained mud and earth control and the same were placed in different plastic box and were given exhibits no. Ex.2, Ex.3 and Ex.4. IO seized blood gauze vide seizure memo Ex.PW11/B. IO seized earth control vide seizure memo Ex.PW11/C. IO seized blood stained mud vide seizure memo Ex.PW11/E. One pair of slippers were also found at the spot, same were also collected by the crime team and handed over to IO. IO seized said slippers vide seizure memo Ex.PW11/D. Sketch of the empty cartridges is now Ex.PW11/F. Statement of eye witness Sh. Ishwar Singh was recorded by the IO and Rukka was prepared. IO sent him to PS along with Rukka for registration of FIR. After registration of FIR, he again came back to the spot and handed over copy of FIR and original Rukka to IO/Insp. Gajendra Singh. Further investigation of case was marked to Insp. Gajendra Singh. My statement under Section 161 Cr.P.C. was recorded by IO/Insp. Gajendra Singh. The entire case property was sealed with the seal of 'JK'. The seal was handed over to him by SI Johny. He identify the case properties i.e. dirty gauge piece as Ex.P1, dirty blackish material as Ex.P2, earth control as Ex.P3 and pair of dirty slippers as Ex.P4. Identification of the empty cartridges were not disputed by Ld. Defence Counsel.
16. PW12 HC Virender stated that on 23.03.2021, he was posted at PS J.P. Kalan as HC. On that day, he joined the investigation of present case along with Insp. Gajendra Singh. He State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 7 of 16 along with IO reached at spot i.e. an open plot in front of House of Satish, Village Ujjwan, Phirni Road, New Delhi. There was one Neem tree near the spot. SI Johny was already present at the spot. In the meanwhile, PSI Rahul came at spot and handed over the copy of FIR and original Rukka to Insp. Gajendra. Insp. Gajendra prepared the site plan at the instance of complainant Sh. Ishwar Singh. Thereafter, entire memos and the case property was handed over by SI Johny to Insp. Gajendra. They came back to PS and the case property was deposited in Malkhana. Thereafter, he went to RTRM Hospital, where postmortem of deceased Mukesh was got conducted and the dead body was handed over to their relatives. IO recorded his statement under Section 161 Cr.P.C. On 07.04.2021, he again joined the investigation of present case along with IO/Insp. Gajendra Singh and on directions of IO, he went to RTRM Hospital and collected 4 exhibits, 5 Swabs in plastic box, 1 parcel containing clothes of the deceased, 4 plastic box having bullet lead, 1 plastic box containing blood sampling in gauge piece and 5 sample seals and Viscera of the deceased and he came to PS and handed over the same to IO. The same were seized by IO vide seizure memo Ex.PW12/A. On 07.06.2021, he again joined the investigation of present case along with IO Insp. Gajendra Singh. On that day, IO took PC Remand of accused Lucky and Dharmender after their formal arrest and accused persons were taken to the spot. IO prepared pointing out memo Ex.PW12/B at the instance of accused persons. On next day, he along with IO and accused persons went to the road going from village Majri towards village Badli, where accused persons pointed out towards place where they handed over the pistol to a person who was sent by accused Amit Gulia. IO prepared pointing out memo Ex.PW12/C State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 8 of 16 in this regard. Thereafter, they went to village Nizampur, where accused persons pointed out towards place where they handed over the motorcycle used in the incident. IO prepared pointing out memo Ex.PW12/D in this regard. Thereafter, they again came back to PS. Disclosure statements of both accused persons Dharmender and Lucky Ex. PW12/E and PW12/F respectively were recorded by IO. Identification of case property is not disputed by Ld. Defence Counsel.
17. PW13 Insp. Gajendra Singh stated that on 22.03.2021, he was posted at PS J.P. Kalan as Inspector, Investigation. On that day, SI Johny received a call vide DD No. 77A with regard to one person being shot by two persons who came on a motorcycle no. DL-9-E-5221. Thereafter, he received DD No. 5A and he along with HC Virender reached at spot. Crime team was also present there. The case property was handed over by SI Johny to him and same was deposited in Malkhana. On 23.03.2021, site plan Ex.PW8/B was prepared at the instance of complainant. Postmortem of deceased was got conducted. CCTV Camera which was installed in front of house of Jasbir. The DVR of said camera was seized by him vide seizure memo Ex.PW7/A. There were also some cameras nearby the spot of the Delhi Government in which accused persons were seen. The said footage was obtained in the CD and was sent to FSL. He took permission from Court and thereafter, videography of accused persons were done at FSL. Based on the videography and CCTV Footage, report was sent by FSL Rohini and same is already on record. The exhibits handed over by doctor was seized vide seizure memo Ex.PW12/A and the Viscera of deceased was sent to FSL. The clothes of the deceased and the earth control, blood stained mud, cartridges were sent to FSL. The pistol which State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 9 of 16 was recovered in case FIR No. 32/21 and the empty cartridges were sent to FSL for their match. Accused Dharmender and Lucky were formally arrested from the permission of Court vide arrest memos Ex.PW13/A and Ex.PW13/B respectively both bearing my signatures at point A respectively. Pointing out memo Ex.PW12/B of spot was prepared at the instance of accused persons. Pointing out memo of handing over pistol and handing over of motorcycle were prepared vide memos Ex.PW12/C and Ex.PW12/D respectively. Disclosure statement of accused Dharmender Ex.PW13/C was recorded. Disclosure statement of accused Lucky Ex.PW13/D was recorded. I had moved an application for TIP of accused persons before concerned Ld. MM. Accused persons refused to join TIP Proceedings. PC remand of both accused persons of two days were taken by him. No recovery was got effected by accused persons during PC Remand. In the meanwhile, eye witness Sh.Ravi Prakash identified accused persons during identification proceedings. Accused Amit Gulia was formally arrested on 09.06.2021 vide arrest memo Ex.PW13/E. Two days PC Remand of accused Amit was taken. Disclosure statements of accused Amit Gulia was recorded vide memos Ex.PW13/F & Ex.PW13/G. Mobile phone was not recovered at the instance of Amit Gulia. Said mobile phone was used by accused Amit Gulia for communicating with accused Dharmender. Scaled site plans Ex.PW8/X and Ex.PW13/H of spot were got prepared. PCR Form was collected from the concerned office. He collected the crime team report. The CD Ex.P5 was seen by witness in the Court. Thereafter, he recorded statement of witnesses, prepared charge-sheet and filed the same before the Court.
18. No other witness had been examined by the State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 10 of 16 prosecution. Accused persons admitted the genuineness of FIR No. 25/2021 Ex.PX1, Certificate u/s 65-B of I.E. Act regarding FIR Ex.PX2, DD No. 5A Ex.PX3, DD No. 78A Ex.PX4, DD No. 9A Ex.PX5, DD No. 77A Ex.PX6, Emergency response Support System dated 22.03.2021 Ex.PX7 (Colly), Scaled site plan Ex.PX8, Certificate u/s 65-B of I.E. regarding photographs Ex.PW9/B and the CD Ex.PX9, Certificate u/s 65-B of I.E. Act regarding CCTV Footage of PWD of Bharat Electronics Ltd. Ex.PX10, Certificate u/s 65-B of I.E. Act regarding CCTV Footage of PWD Executive Engineers Ex.PX11, PMR No. 75/21 of deceased Mukesh of RTRM Hospital Ex.PX12, MLC No. 1173 of injured Mukesh of RTRM Hospital Ex.PX13, Death report of injured Mukesh of RTRM Hospital Ex.PX14, Dead body identification memo Ex.PX15, TIP Proceedings dated 03.06.2021 of accused Dharmender Rana Ex.PX16, TIP Proceedings dated 03.06.2021 of accused Lucky Ex.PX17, Road Certificate No. 54/21/21 Ex.PX18, Road Certificate No. 66/21/21 Ex.PX19, Road Certificate No. 65/21/21 Ex.PX20, Road Certificate No. 79/21/21 Ex.PX21, Copy of documents of FIR No.32/21, PS J.P. Kalan Ex.PX22 (Colly), Photographs of postmortem along with CD Ex.PX23 (Colly), Rukka prepared by SI Johny on the statement of complainant Sh. Ishwar Singh Ex.PX24, FSL Report No. SFSL DLH/6631/BIO/1487/2021 Dated 11.03.2022 Ex.PX25 (inadvertently mentioned as Ex.PX24), FSL Report Dated 09.06.2022 as Ex.PX26 (inadvertently mentioned as Ex.PX25), FSL Report Dated 29.03.2022 as Ex.PX27 (inadvertently mentioned as Ex.PX26) without admitting any incriminating contents against them vide their joint statement recorded u/s 294 Cr.P.C.
19. Thereafter, PE was closed at request of Ld. Addl. PP State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 11 of 16 and the separate statements of both accused persons were recorded under Section 313 Cr.P.C. in which they denied all the allegations levelled against them and stated that they are falsely implicated in this case and they not opted for defence evidence. Thereafter, final arguments heard.
20. It is submitted by Ld. Addl. P.P. for the State that allegations against the accused persons are proved by the prosecution during evidence. The complainant as well as other eye witness had deliberately not supported the prosecution version. Accused persons are the actual culprits who committed murder of deceased. Therefore, they may be convicted.
21. On the other hand, Ld. Counsel for accused persons stated that accused persons are falsely implicated in this case by the police in collusion with the complainant. Nothing incriminating has been recovered from any of the accused. There is no one from the accused persons is seen in the alleged CCTV Footage. The accused persons are not having any connection with the alleged motorcycle upon which the assailants came at the spot. There is no any scientific evidence against any of the accused. Therefore, accused persons are liable to be acquitted.
22. I have considered the submissions made by both the parties and have perused the record. Charge against both the accused persons is that they in furtherance of their common intention committed murder of deceased Mukesh @ Foji by way of fire arms and thereafter, they had concealed the evidence i.e. fire arm as well as the motorcycle upon which they came at the spot.
23. As per the prosecution story, there are three eye witnesses of the incident who were present at the spot when the incident occurred. These three eye witnesses are examined as State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 12 of 16 PW1, PW2 and PW8. PW1 when appeared before the Court stated that when the incident occurred, he was playing cards with one Bale Ram and at that time someone shot Mukesh @ Foji and he could not noticed who had fired upon Mukesh @ Foji. PW1 could not tell that on which vehicle attackers came at the spot and in which direction they fled away. During cross-examination, he had denied of having been made any statement u/s 161 Cr.P.C. to the police. He denied the suggestion given by Ld. Addl. PP for State that two boys came at the spot on motorcycle bearing no. DL-9-E-5521.
24. PW2 had also deposed on the lines of PW1 and failed to tell that who had fired upon the deceased. According to PW2 when someone shot Mukesh @ Foji, then, he was having his face in opposite direction and therefore, he could not see the attackers. During his cross-examination, he had denied of having been made statement u/s 161 Cr.P.C. Mark PW2/A to the police and stated nothing incriminating against any of the accused.
25. Complainant of the present case is PW8 who has also been cited as an eye witness and when he appeared before the Court, he stated that at the time of incident he had heard gun shot noise from his backside and Rajender/PW1 told him that someone had fired towards them. He had not stated anything else about the incident. During cross-examination he was confronted with his statement Ex.PW8/A but he had stated that he had not gave any statement to the police in writing. He had identified only his signatures on the statement as well as on the site plan Ex.PW8/B. During his further cross-examination, he had denied all the other facts allegedly told by him to the police. When both accused persons were shown to witness, then, he failed to identify accused persons. He had also denied the suggestion that State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 13 of 16 he had identified the accused persons in the CCTV Footage.
26. As per the prosecution version, one Sh. Ravi Prakash met with the assailants when they came into the village and at that time, they asked about the whereabouts of the deceased from him. It is further alleged that at that time, said Ravi Prakash identified the accused persons as well as the registration number of the motorcycle on which they were riding and further during investigation, he had identified the accused persons and the motorcycle through CCTV Footage. However, when said Sh. Ravi Prakash appeared before the Court as PW3, he could not tell registration number of said motorcycle. According to him, he can identified one of the assailants who was pillion rider as he had removed his mask a little bit, but during evidence, he could not identify any of the accused and despite seeing the accused persons in the Court, he stated that the said person is not from any of the accused. During cross- examination, he specifically denied the suggestion that he had identified the accused persons in CCTV Footage and denied the fact that he had disclosed number of the motorcycle as DL-9-E- 5521.
27. There is no any other witness produced by the prosecution who had seen any of the accused committing the crime or who had otherwise identified any of the accused during investigation. No any weapon of offence has been recovered from any of the accused. No any connection has been formed by the IO in between the accused and the alleged motorcycle bearing no. DL-9-E-5521.
28. As far as scientific evidence are concerned, prosecution has mainly relied upon the FSL Result of CCTV Footages in which the incident of firing upon the deceased and State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 14 of 16 thereafter, running of both accused persons from the motorcycle had been captured. As discussed above, the eye witnesses had refused of having identified any of the accused in CCTV Footage. The said CCTV Footage in the form of DVD has been played in the Court in the computer system installed in the Court but none of the assailants is identifiable in the said CCTV Footage due to wearing of helmet and further due to non- visibility of clear faces.
29. The FSL result qua the CCTV Footage has also been placed on record i.e. Ex.PX26 and Ex.PX27. As per the result/opinion of FSL it has been opined that, "the facial image recognition could not be conducted due to wearing of helmet". Therefore, face of any of accused could not identified through CCTV Footage. Registration number of the motorcycle has been recognized by the FSL as DL-9-SE-5221. On the other hand, the registration number of the motorcycle as mentioned in the complaint is DL-9-E-5521. No any such motorcycle has been recovered from any of the accused and registration number as told by complainant/witness and as opined by FSL are contradictory to each other.
30. Other witnesses examined by the prosecution are procedural formal witnesses. None of them had seen the happening of the incident. There is no any scientific or circumstantial evidence placed on record by the prosecution to link any of the accused with the offence alleged against them.
31. As per the settled principles of criminal justice, prosecution has to prove its case against the accused beyond the shadow of any reasonable doubt. However, in this case prosecution failed to do so. Hence, keeping in view the aforesaid discussion, Court comes at the conclusion that prosecution has State vs. Dharmender & Anr. PS:J.P. Kalan FIR No.25/2021 Page No. 15 of 16 failed to prove its case against both accused persons beyond reasonable doubt due to lack of evidence. Therefore, accused persons namely Dharmender S/o Sh.Rajesh and Lucky S/o Sher Singh stands acquitted for the offences punishable under Sections 302/201/34 IPC and for the offence punishable under Section 27 Arms Act in present case FIR No. 25/2021, PS: J.P. Kalan.
32. Fresh bail bonds and surety bonds u/s 437-A Cr.P.C. are already furnished on behalf of both accused persons and same are accepted till six months from the date of judgment. Previous bail bonds of both the accused persons stands cancelled and sureties stands discharged.
33. File be consigned to record room after due compliance.
Digitally signed by JAGMINDERAnnounced in open court JAGMINDER SINGH
SINGH
on 01.08.2023 Date: 2023.08.01
15:48:47 +0530
(DR. JAGMINDER SINGH)
ASJ-03 & Special Judge (Companies Act)
Dwarka Courts (SW)/New Delhi/01.08.2023
Note: This judgment contains 16 (Sixteen) pages and having my signature on each page.
Digitally signed by JAGMINDER JAGMINDER SINGH
SINGH Date: 2023.08.01
15:48:59 +0530
(DR. JAGMINDER SINGH)
ASJ-03 & Special Judge (Companies Act)
Dwarka Courts (SW)/New Delhi/01.08.2023
State vs. Dharmender & Anr. PS:J.P. Kalan
FIR No.25/2021 Page No. 16 of 16