Delhi District Court
State vs Khan Chand Babu on 27 January, 2025
IN THE COURT OF MS. GEETANJALI
ADDITIONAL SESSIONS JUDGE (FTC)- 03; SOUTH EAST
DISTRICT SAKET COURTS: NEW DELHI
S.C. NO.: 554/2018
FIR NO.: 281/2018
PS: GOVINDPURI
U/S.: U/S.307/148/149/120B/34 IPC AND 25/27 OF ARMS ACT
CNR: DLSE01-009531-2018
THE STATE
VERSUS
1. KHAN CHAND BABU
S/O SH. NANHE KHAN
R/O A-191, TRANSIT CAMP,
GOVIND PURI, NEW DELHI.
2. KHAN UBESH
S/O SH. NAWAB SHER
R/O A-479, TRANSIT CAMP,
GOVIND PURI, NEW DELHI.
3. RIZWAN
S/O LATE SH. YUNUS
R/O VILLAGE KUNDARKI WEST,
THE VILLORI, DISTRICT MURADABAD,
UTTAR PRADESH.
4. MOHD. ISRAJ @ MUSTAFA
S/O SH. MOHD. SATTAR
R/O A-534, TRANSIT CAMP,
GOVIND PURI, NEW DELHI.
SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU &
ORS. PAGE NO. 1 OF 27
Digitally
signed by
GEETANJALI
GEETANJALI Date:
2025.01.27
16:36:00
+0530
5. RAJESH @ BUNTY
S/O SH. ISHWAR SINGH
R/O B-263, BHUMIHEEN CAMP,
GOVIND PURI, NEW DELHI.
6. RAJEEV MISHRA
S/O SH. ARJUN MISHRA
R/O B-336, BHUMIHEEN CAMP,
GOVIND PURI, NEW DELHI.
7. ABDUL KADIR
S/O SH. ABDUL KHALIK
R/O A-278, TRANSIT CAMP,
GOVIND PURI, NEW DELHI.
8. SHYAM RAI @ GOLI
S/O LATE SH. RAM CHANDER RAI
R/O H. NO. TA-229
TUGHLAKABAD EXTENSION, GOVINDPURI,
NEW DELHI.
... ACCUSED PERSONS
DATE OF INSTITUTION : 19.11.2018
ORDER RESERVED ON : 21.01.2025
ORDER DELIVERED ON : 27.01.2025
JUDGMENT
1. The accused persons namely Khan Chand Babu, Khan Ubesh, Rizwan, Mohd. Israj @ Mustafa, Abdul Kadir @ Lalla and Shyam Rai are facing trial for the offence u/s 307/148/149/120B/34 IPC and Section 27 of the Arms Act. Apart from that accused Rajesh and Rajeev are also facing trial for the offence u/s 307/148/149/120B/34 IPC. Accused Mohd. Israj @ Mustafa are also facing trial for the offence u/s 25 of Arms Act. Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:37:16 SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU &+0530 ORS. PAGE NO. 2 OF 27 BRIEF FACTS
2. The case of the Prosecution is that on 05.08.2018 on the receipt of DD no. 21A regarding quarrel, SI Raju alongwith police staff reached at the spot i.e. Transit Camp, near petrol pump, Govindpuri, New Delhi, where one Scorpio car was found parked with its left side rear window glass broken, where they came to know that injured persons were shifted to AIIMS Trauma Center. In the meantime, SI Raju received another DD no. 25A regarding the admission of injured persons at AIIMS hospital and he reached there and collected the MLC of three injured persons namely Dheeraj, Narender and Neeraj as per which doctor declared them not fit for statement as they were under medical treatment in red zone. Henceforth on the basis of DD No. 21A, the present FIR was registered u/s. U/s.307/148/149/120B/34 IPC and Section 25/ 27 of Arms Act.
3. On the basis of charge-sheet so submitted before Ld. Metropolitan Magistrate, cognizance was taken by the Ld. Metropolitan Magistrate and after compliance with the provisions of Section 207 Cr.PC, the case was committed to the Court of Sessions and was assigned to this Court.
CHARGE
4. After hearing arguments on point of charge and finding a prima facie case requisite charges U/s.307/148/149/120B/34 IPC and Section 27 of Arms Ac was framed against accused Khan Chand Babu, Khan Ubesh, Rizwan, Mohd. Israj @ Mustafa, Abdul Kadir @ Lalla and Shyam Rai and charge u/s. 307/148/149/120B IPC was framed against Rajeev and Rajesh and additional charge u/s 25/27 of Arms Act was SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 3 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:37:25 +0530 framed against Mohd. Israj @ Mustafa and Abdul Kadir to which they pleaded not guilty and claimed trial.
PROSECUTION EVIDENCE
5. In support of its case, the prosecution has examined as many as nine witnesses.
5.1. PW-1 Sh. Dheeraj is the public witness. His testimony in detail shall be discussed in the later part of judgment. 5.2. PW-2 Sh. Neeraj is the public witness. His testimony in detail shall be discussed in the later part of judgment. 5.3. PW-3 Sh. Narender is the public witness. His testimony in detail shall be discussed in the later part of judgment. 5.4. PW-4 Sh. Mohit is the public witness. His testimony in detail shall be discussed in the later part of judgment. 5.5. PW-5 Sh. Kapil is the complainant. His testimony in detail shall be discussed in the later part of judgment. 5.6. PW-6 Sh. Neeraj is the public witness. His testimony in detail shall be discussed in the later part of judgment. 5.7. PW-7 Sh. Dheeraj is the public witness and he has deposed that "his brother Anil Jain is registered owner of Scorpio car bearing registration no. DL3CAS5512; that his brother Anil Jain was residing in Dubai in the year 2018 and he used to take care of the said car; he used to park the above said car near petrol pump, Transit Camp, Govind Puri as they had no parking space in their house; that on 04.08.2018, he had parked the said Scorpio car near petrol pump, Transit Camp, Govind Puri, New Delhi; that on the next day, they came to know that the police official were seizing his above said Scorpio car as the Scorpio was SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 4 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:37:32 +0530 damaged; that later on he released the said Scorpio car on superdari ". 5.8. PW-8 SI Raju is the Investigation officer of the present case and he has deposed that "on 05.08.2018 on receipt of DD No. 21A, he alongwith staff reached at the spot i.e. Transit cam near petrol pump, Govindpuri where one Scorpio car was found parked with its left side rear window glass broken; that he called the Crime team at the spot; that no eye witness was found at the spot; that on local inquiry it was revealed that injured persons were shifted to AIIMS Trauma Center; that in the meantime, he received DD No. 25A regarding preparing the MLC of injured persons from the AIIMS Hospital; that thereafter he went to the AIIMS hospital after leaving the HC Rajender at the spot for taking care of the scene of crime; that he collected the MLC of three injured persons namely Dheeraj, Narender and Neeraj as per which they were not fit for their statement as they were under medical treatment in red zone of the hospital; that thereafter he returned to the PS and informed the SHO for the same; that thereafter he prepared the rukka on the basis of DD No. 21A which is now Ex. PW8/1; that he handed over the rukka to the duty officer for the registration of the FIR; that he again went to the spot; that Crime team already arrived at the spot and handed over the exhibits in two small transparent box i.e. one bullet led which was lifted under the driver seat of the Scorpio and some broken pieces of window glass of the Scorpio which was broken due the impact of the bullet; that he prepared two separate pulandas of the aforesaid exhibits and sealed the said pulandas with the seal of 'RH'; that thereafter he prepared the seizure memos of both the pulandas which are now Ex. PW8/2 and Ex.
PW8/3; that in the meantime, Ct. Sonu returned to the spot and handed SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 5 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:37:38 +0530 over the copy of FIR and original rukka to him; that thereafter they went to the park which was situated in front of the petrol pump and during the search of the said park, three empty cartridges were found in the corner of park near Delhi Darbar Restaurant; that he took the same in the police possession and prepared the pulanda and sealed the pulanda with the seal of 'RH'; that after that he prepared the seizure memo of the said pulanda which is now Ex. PW8/4; that he also seized the Scorpio car by way of seizure memo Ex. PW8/5; that thereafter he again visited the AIIMS hospital and they came to know that three other persons namely Kapil, Mohit and Neeraj were also sustained injuries in the present offence and they had already left the hospital after their treatments; that he collected their MLCs and sealed pulanda of the cloth of the injured from the hospital along with sample seals of the 'JPNATC AIIMS ND'; that he prepared the seizure memo the aforesaid three pulandas and three sample seals which is now Ex. PW8/6; that thereafter he returned back to the PS; that at about 02:00 PM, one of the injured namely Kapil came in the PS and he recorded his statement u/s 161 Cr.P.C; that he went to the spot alongwith the injured Kapil; that thereafter he prepared the site plan at the instance of Kapil which is now Ex. PW8/7; that thereafter they returned to the PS and recorded the supplementary statement of Kapil; that on 07.08.2018, one secret information was received; that one of the accused namely Khan Chand Babu who is wanted in the present case will come near public toilet, Nehru camp jhuggi; that thereafter he alongwith injured Kapil went to the said toilet and at about 06:00 PM on the pointing out of the Kapil, he apprehended accused Khan Chand Babu who was at that time going towards the public toilet from the Digitally signed by GEETANJALI GEETANJALI SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & Date:
ORS. 2025.01.27
PAGE NO. 6 OF 27
16:37:44
+0530
Nehru camp jhuggi side; that he inquired him and when he admitted his guilt, he arrested him and conducted his personal search by way of memos already Ex. PW5/A and Ex. PW8/8; that he also recorded his disclosure statement which is now Ex. PW8/9; that during the course of interrogation, accused disclosed that he knew about the address of co- accused Khan Ubesh; that thereafter he alongwith accused Khan Chand Babu, injured Kapil and other police staff went to the house of co- accused Khan Ubesh situated at Transit Camp, Govindpuri where at the instance of injured Kapil, he apprehended the accused Khan Ubesh from his residence; that he arrested him and conducted his personal search by way of memos already Ex. PW5/B and Ex. PW8/10; that he also recorded his disclosure statement which is now Ex. PW8/11; that thereafter we returned to the PS; that on the next day, he obtained the custody of both the accused persons on PC remand for five days; that during the said period, he received the secret information regarding the presence of co-accused Rizwan at the house of his sister at Moradabad, Uttar Pradesh; that thereafter on 10.08.2018, he alongwith both the accused persons and other police officials went to the Moradabad, Uttar Pradesh and on 11.08.2018 at about 02:00 AM, he arrested accused Rizwan and conducted his personal search by way of memos already Ex. PW8/12 and Ex. PW8/13; that he also recorded his disclosure statement which is now Ex. PW8/14; that on the same day, he was produced before the concerned Court in muffled face and he obtained two days PC remand custody of the accused Rizwan; that he also moved the application for conducting the TIP proceedings of accused Rizwan which is Ex. PW8/15 however accused Rizwan had refused to SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 7 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:37:51 +0530 participate in the TIP proceedings before the Court; that on 13.08.2018, all three accused persons namely Khan Chand Babu, Khan Ubesh and Rizwan produced before the Concerned Court and thereafter they were sent to JC; that during the course of investigation on 16.08.2018, the Scorpio car in question was released to its rightful owner on the direction of respective Court by way of punchnama Ex. PW8/16; that witness has also identified the said Scorpio car in its photographs Ex. P-7 (Colly) which are on judicial file; that on the same day on the secret information, he apprehended co-accused Mohd. Israj @ Mustafa from his residence situated in Transit Camp, Govindpuri alongwith other police officials; that he prepared the arrest memo and personal search memo of accused Mohd. Israj which are now Ex. PW8/17 and Ex. PW8/18; that he also recorded his disclosure statement which is now Ex. PW8/19; that on the next day on 17.08.2018, he obtained three days PC remand of accused Mohd. Israj; that during the course of PC remand accused Mohd. Israj had disclosed that he had concealed the country made pistol which was used by him during the course of incident at his house and he can get recovered the same; that thereafter he alongwith accused Mohd. Israj, Ct. Sonu and HC Ravinder went to his residence situated at Transit Camp, Govindpuri and got recovered one country made pistol and two live cartridges and one used cartridge from a patty kept on the roof of his jhuggi; that he prepared the sketch memo of the said country made pistol and two live cartridges and one used cartridge which is now Ex. PW8/20; that he also prepared the site plan of the place of recovery which is Ex. PW8/21; that he also prepared the pulanda of the same by keeping the same in the transparent plastic box SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 8 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:37:59 +0530 and sealed the same with the seal of 'RH'; that thereafter he prepared the seizure memo of the said pulanda of pistol and cartridge which is now Ex. PW8/22; that thereafter they returned to the PS and deposit the case property in the Malkhana of PS concerned and recorded the statement of the witnesses; that after that accused Mohd. Israj @ Mustafa produced before the concerned Court and from where he was sent to JC; that on 23.08.2018, NBWs were issued against other accused persons namely Abdul Kadir, Bunty, Rajeev and Shyam by concerned Court; that during the course of investigation on 09.10.2018, processes u/s 82 Cr.P.C were issued against aforesaid accused persons; that during the further course of investigation, an intimation was received at PS that accused Abdul Kadir was arrested in case FIR No. 130/2018 of PS Special Cell and thereafter he was sent to JC; that he collected the relevant document pertaining to the case FIR No. 130/2018 of the concerned PS Special Cell which are collectively Mark A-1 (Colly); that on 31.10.2018 on the production warrants, accused Abdul Kadir was produced before the concerned Court; that thereafter he with the permission of the concerned Court arrested the accused and recorded his disclosure statement and the same are now Ex.PW8/23 and Ex. PW8/24; that he also moved the TIP application qua the accused Abdul Kadir which is now Ex.PW8/25 however accused Abdul Kadir refused to participate in the TIP proceedings and he obtained his one day PC remand; that during the course of interrogation, accused Abdul Kadir had also disclosed that he had concealed the pistol under the metro pillar situated at forest which was used by him during the course of incident and he can get recovered the same; that thereafter he alongwith Ct. Sonu and accused Abdul SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 9 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:38:05 +0530 Kadir reached at Metro pillar no. 180 near the forest as per his disclosure statement and he got recovered one polethyne bag containing one automatic pistol after digging the barren land near the Metro pillar no. 180; that he obtained the said pistol and two live cartridges were also recovered from the said magazine; that he prepared the sketch memo of said pistol and live cartridges and the same are now Ex.PW8/26; that he also prepared the site plan of place of recovery of the said pistol and live cartridges which is now Ex.PW8/27; that he prepared the pulanda of the same by keeping the same in the plastic box and sealed the said plastic box with seal of 'RF'; that thereafter he prepared the seizure memo of the same which is now Ex.PW8/28; that thereafter they returned to the PS and deposited the case property in the Malkhana; that he recorded the statement of the witnesses; that on the next day, accused was sent to JC; that thereafter he recorded the statement of the witnesses and prepared the chargesheet and submitted the same before the concerned Court for judicial verdict; that during the course of further investigation on 12.11.2018, on the receipt of secret information regarding coming of the accused Shyam Rai at TA, TKD Extension, Govindpuri, New Delhi in the evening time for some work he alongwith Shiv Kumar reached at TA, TKD Extension, Govindpuri, New Delhi; that at about 05:30 PM, accused Shyam Rai came at the said extension and he arrested him and conducted his personal search by way of memos Ex. PW8/29 and Ex.
PW8/30; that he interrogated the accused and recorded his disclosure statement which is now Ex.PW8/31; that on the next day the accused Shyam Rai was produced before the concerned Court and moved an application Ex. PW8/32 for conducting TIP of the accused Shyam Rai SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 10 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:38:12 +0530 however he denied to participate in the TIP proceedings; that thereafter he was sent to JC; that after that he prepared the supplementary chargesheet and submitted the same before the concerned Court ". He was cross examined by Ld. Defence Counsels.
5.9. PW-9 HC Amit Singh is the police witness and he has deposed that "on 05.08.2018, he alongwith SI Lakhmi Chand, Incharge and other members of Crime team reached at Transit Camp, near petrol pump, Baba Fateh Singh Marg, New Delhi; that after reaching there, he took photographs of the crime scene and thereafter returned back to office; that they also met with HC Rajinder who took them near the Scorpio car whose last four digit of registration number is 5512; that they found that the rear window glass of the conductor side of car are broken; that on inspection of the said car, one bullet lead was found on the footmat of the driver seat of the said car; that thereafter the broken piece of glass and the bullet lead were taken by the HC Rajinder ". He was cross examined by Ld. Defence Counsels.
STATEMENT OF ACCUSED
6. After completion of prosecution evidence, statement of accused persons namely Khan Chand Babu, Shyam Rai @ Golu, Khan Ubesh, Rizwan, Rajeev Mishra and Rajesh @ Bunty were dispensed since nothing incriminating has come on record against them for offence punishable u/s 307/148/120B IPC. However statement of accused namely Abdul Kadir and Mohd. Israj @ Mustafa was recorded u/s 313 IPC for offence punishable u/s 25/27 of Arms Act wherein they pleaded innocence and stated that they are innocent and have been falsely implicated in the present case by the IO. Though, the accused namely SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 11 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:38:20 +0530 Abdul Kadir and Mohd. Israj @ Mustafa took the plea of being innocent for offence u/s 25/27 Arms Act in their statement u/sec. 313 Cr.P.C. but did not prefer to lead any defence evidence and matter was fixed for final arguments.
ARGUMENTS
7. Ld. Addl.P.P. has argued that Ld. Addl.P.P. that the case of the prosecution has been well established hence accused persons should be convicted for the offence charged.
7.1. Per contra, it was argued by Ld. Counsels for all the accused persons that the case of the prosecution has not been established against accused beyond reasonable doubt. In view of the same, it has been prayed that all accused persons be acquitted of the offences charged.
8. I have heard the Ld. Addl. PP for the State as well as Ld. Counsels for the accused persons and perused the record.
ANALYSIS OF EVIDENCE AND FINDINGS
9. The accused persons are facing trial for the offence U/s.
307/148/149/120B IPC And 25/27 of Arms Act. Section 307 IPC deals with attempt to murder. It states that "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; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned". 9.1. The essential ingredients required to be proved in the case of an offence u/s. 307 IPC are:-
SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 12 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:38:26 +0530
(i) that the death of a human being was attempted;
(ii) that such death was attempted to be caused by or in consequence of the act of the accused;
(iii) that such act was done with the intention of causing death or that it was done with the intention of causing such bodily injury as (a) the accused knew to be likely to cause death; or (b) was sufficient in the ordinary course of nature to cause death or that the accused attempted to cause death by doing an act known to him to be so imminently dangerous that it must in all probability cause (a) death or (b) such bodily injury as is likely to cause death, the accused having no excuse for incurring the risk of causing such death or injury.
9.2. Section 148 IPC deals with whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death.
9.3. Section 149 IPC deals with an offence is committed by any member of an unlawful assembly in prosecution of the common object. 9.4. Section 120B IPC provides punishment for criminal conspiracy which is defined in section 120-A IPC. The constituent elements of the offence of criminal conspiracy are:-
(1) An agreement between two or more persons;
(2) to do an illegal act or;
(3) to do a legal act by illegal means and;
(4) an overt act done in pursuance of the conspiracy.
9.5. Section 25 Arms Act provides punishment for manufacturing, selling, transferring, converting, repairing, or tests or proves or exposes or offers for sale or transfer or has in his possession for sale, transfer, SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 13 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:38:34 +0530 conversion, repair, test or proof, any arms or ammunition in contravention of section 5.
10. The case of the prosecution is that accused persons in furtherance of their common intention fired on Sh. Narender, Sh. Kapil, Mohit and Neeraj, S/o Sh. Jai Prakash and Sh Neeraj, S/o Sh. Lokesh with country made gun due to which they sustained bullet injury on the mouth and stomach with such intention and under such circumstance that if they caused death of injured persons, they may be guilty of murder. In order to prove its case, the prosecution has examined injured/ complainant Sh. Kapil and five other injured persons namely Sh. Dheeraj, Sh. Neeraj, Sh. Sh. Narender, Sh. Sh. Mohit and Sh. Neeraj. 10.1. I now proceed to analyse the testimony of eye witness/injured in the present case. Complainant Sh. Kapil was examined as PW-5. He is the star witness of the case and he has deposed that " he do not remember the date of incident however it was in the year 2018; that on that day, he alongwith other persons of the colony were going to bring milk dairy; that they reached near petrol pump, Govindpuri, suddenly commotion (bhagdarh) started near petrol pump due to noise of firing and everyone was trying to save themselves; that he saved his life by hiding himself behind one vehicle; that he do not know who had fired; that he did not suffered any injury; that he had not seen who had fired on them ". He was declared hostile by the State and cross-examined by Ld. Addl. PP for the State. Despite making best efforts by Ld. Addl PP for State, he has denied the material suggestions that " police never inquired him about the incident and only obtained his signatures or that police had inquired him about the incident and recorded his statement or that there SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 14 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:38:44 +0530 is a case going on U/s 307 IPC against Sangeeta's son who is residing in his neighborhood". He has further denied the suggestions that " accused Lalla, Salan, Abu Talib and his associates used to threaten them to withdraw the aforesaid case U/s 307 IPC or that Jagaran, accused Abu Talib and Kartar started abusing and manhandling with him ". He has further denied the suggestions that " his brother Kapil and his family reached at the spot and accused Talib and Kartar ran away from the spot or that accused Lalla, Sallan and Talib reached at the spot i.e. Jagaran and threatened them to kill and further threatened to shoot them and thereafter, they left the spot". He has further denied the suggestions that on "05.08.2018, he alongwith his family and other persons decided to lodge a complaint and when they crossed Deepalia School as they were going to police station, suddenly, accused Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu started firing from the park in front of petrol pump or that they also pelted stones upon them; that all accused persons were having pistol in their hands or that accused Lalla, Mustafa and Bunty had pistol in their hands and they were firing at them or that other accused persons were pelting stones on them ". He has further denied the suggestions that " they all were trying to hide from the firing of the accused persons but during that process one bullet hit his stomach and one bullet hit on the mouth of Neeraj or that one bullet hit stomach of his friend Neeraj; that his brother Kapil and two to three boys were got injured during the pellets (charree) of the bullet or that one Scorpio car stationed at spot got damaged due to firing by the accused persons". He has further denied the suggestion that "he had stated to the police that he can identify the accused persons namely SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 15 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:39:22 +0530 Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu. Not only that he refused to identify the accused persons on being pointed out by the Ld. Addl. PP for the State. He has further denied of making his statement u/s 161 Cr.P.C. 10.2. The other persons who were injured in the present incident are Sh. Dheeraj, Sh. Neeraj, Sh. Narender, Sh. Mohit and Sh. Neeraj. Sh.
Dheeraj was examined as PW-1 and he has deposed that " He do not remember the date of incident however it was in the year 2018; that on that day, he was going to bring milk dairy; that sudden commotion (bhagdarh) started near petrol pump and everyone was trying to save themselves; that suddenly he saw blood was coming out from his right side of his stomach; that he called his friend at the spot who took him to hospital; that he did not see who had caused him the aforesaid injury ". He was declared hostile by the State and cross-examined by Ld. Addl. PP for the State. Despite making best efforts by Ld. Addl PP for State, he has denied the material suggestions that " police never inquired him about the incident and only obtained his signatures or that police had inquired him about the incident and recorded his statement or that there is a case going on U/s 307 IPC against Sangeeta's son who is residing in his neighborhood". He has further denied the suggestions that " accused Lalla, Salan, Abu Talib and his associates used to threaten them to withdraw the aforesaid case U/s 307 IPC or that Jagaran, accused Abu Talib and Kartar started abusing and manhandling with him ". He has further denied the suggestions that " his brother Kapil and his family reached at the spot and accused Talib and Kartar ran away from the spot or that accused Lalla, Sallan and Talib reached at the spot i.e. Jagaran SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 16 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:39:29 +0530 and threatened them to kill and further threatened to shoot them and thereafter, they left the spot". He has further denied the suggestions that on "05.08.2018, he alongwith his family and other persons decided to lodge a complaint and when they crossed Deepalia School as they were going to police station, suddenly, accused Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu started firing from the park in front of petrol pump or that they also pelted stones upon them; that all accused persons were having pistol in their hands or that accused Lalla, Mustafa and Bunty had pistol in their hands and they were firing at them or that other accused persons were pelting stones on them ". He has further denied the suggestions that " they all were trying to hide from the firing of the accused persons but during that process one bullet hit his stomach and one bullet hit on the mouth of Neeraj or that one bullet hit stomach of his friend Neeraj; that his brother Kapil and two to three boys were got injured during the pellets (charree) of the bullet or that one Scorpio car stationed at spot got damaged due to firing by the accused persons". He has further denied the suggestion that "he had stated to the police that he can identify the accused persons namely Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu. Not only that he refused to identify the accused persons on being pointed out by the Ld. Addl. PP for the State. He has further denied of making his statement u/s 161 Cr.P.C. 10.3. Sh. Neeraj was examined as PW-2 and he has deposed that " he do not remember the date of incident however it was in the year 2018;
that on that day, he alongwith Dheeraj i.e. PW-2 and two to three other persons were going to bring milk dairy; that sudden commotion SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 17 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:39:36 (bhagdarh) started near petrol pump and everyone was trying to save themselves; that suddenly he saw blood was coming out from his right side of his stomach; that he called his friend at the spot who took him to hospital; that he did not see who had caused him the aforesaid injury". He was declared hostile by the State and cross-examined by Ld. Addl. PP for the State. Despite making best efforts by Ld. Addl PP for State, he has denied the material suggestions that " police never inquired him about the incident and only obtained his signatures or that police had inquired him about the incident and recorded his statement or that there is a case going on U/s 307 IPC against Sangeeta's son who is residing in his neighborhood". He has further denied the suggestions that " accused Lalla, Salan, Abu Talib and his associates used to threaten them to withdraw the aforesaid case U/s 307 IPC or that Jagaran, accused Abu Talib and Kartar started abusing and manhandling with him ". He has further denied the suggestions that " his brother Kapil and his family reached at the spot and accused Talib and Kartar ran away from the spot or that accused Lalla, Sallan and Talib reached at the spot i.e. Jagaran and threatened them to kill and further threatened to shoot them and thereafter, they left the spot". He has further denied the suggestions that on "05.08.2018, he alongwith his family and other persons decided to lodge a complaint and when they crossed Deepalia School as they were going to police station, suddenly, accused Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu started firing from the park in front of petrol pump or that they also pelted stones upon them; that all accused persons were having pistol in their hands or that accused Lalla, Mustafa and Bunty had pistol in their hands and they were firing SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 18 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:39:42 +0530 at them or that other accused persons were pelting stones on them ". He has further denied the suggestions that " they all were trying to hide from the firing of the accused persons but during that process one bullet hit his stomach and one bullet hit on the mouth of Neeraj or that one bullet hit stomach of his friend Neeraj; that his brother Kapil and two to three boys were got injured during the pellets (charree) of the bullet or that one Scorpio car stationed at spot got damaged due to firing by the accused persons". He has further denied the suggestion that "he had stated to the police that he can identify the accused persons namely Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu. Not only that he refused to identify the accused persons on being pointed out by the Ld. Addl. PP for the State. He has further denied of making his statement u/s 161 Cr.P.C. 10.4. Sh. Narender was examined as PW-3 and he has deposed that "he do not remember the date of incident however it was in the year 2018; that on that day, he alongwith Dheeraj i.e. PW-2 and two to three other persons were going to bring milk dairy; that sudden commotion (bhagdarh) started near petrol pump and everyone was trying to save themselves; that suddenly he saw blood was coming out from his right side of his stomach; that he called his friend at the spot who took him to hospital; that he did not see who had caused him the aforesaid injury".
He was declared hostile by the State and cross-examined by Ld. Addl. PP for the State. Despite making best efforts by Ld. Addl PP for State, he has denied the material suggestions that " police never inquired him about the incident and only obtained his signatures or that police had inquired him about the incident and recorded his statement or that there SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 19 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:39:48 +0530 is a case going on U/s 307 IPC against Sangeeta's son who is residing in his neighborhood". He has further denied the suggestions that " accused Lalla, Salan, Abu Talib and his associates used to threaten them to withdraw the aforesaid case U/s 307 IPC or that Jagaran, accused Abu Talib and Kartar started abusing and manhandling with him ". He has further denied the suggestions that " his brother Kapil and his family reached at the spot and accused Talib and Kartar ran away from the spot or that accused Lalla, Sallan and Talib reached at the spot i.e. Jagaran and threatened them to kill and further threatened to shoot them and thereafter, they left the spot". He has further denied the suggestions that on "05.08.2018, he alongwith his family and other persons decided to lodge a complaint and when they crossed Deepalia School as they were going to police station, suddenly, accused Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu started firing from the park in front of petrol pump or that they also pelted stones upon them; that all accused persons were having pistol in their hands or that accused Lalla, Mustafa and Bunty had pistol in their hands and they were firing at them or that other accused persons were pelting stones on them ". He has further denied the suggestions that " they all were trying to hide from the firing of the accused persons but during that process one bullet hit his stomach and one bullet hit on the mouth of Neeraj or that one bullet hit stomach of his friend Neeraj; that his brother Kapil and two to three boys were got injured during the pellets (charree) of the bullet or that one Scorpio car stationed at spot got damaged due to firing by the accused persons". He has further denied the suggestion that "he had stated to the police that he can identify the accused persons namely SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 20 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:39:54 +0530 Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu. Not only that he refused to identify the accused persons on being pointed out by the Ld. Addl. PP for the State. He has further denied of making his statement u/s 161 Cr.P.C. 10.5. Sh. Mohit was examined as PW-4 and he has deposed that " He do not remember the date of incident however it was in the year 2018; that on that morning, he went to market for purchasing fruits and when he reached at B-block, Transit Camp, Govindpuri, New Delhi where there was commotion (bhagdarh) started near petrol pump and everyone was trying to save themselves; that he did not received injuries in the said commotion". He was declared hostile by the State and cross-examined by Ld. Addl. PP for the State. Despite making best efforts by Ld. Addl PP for State, he has denied the material suggestions that " police never inquired him about the incident and only obtained his signatures or that police had inquired him about the incident and recorded his statement or that there is a case going on U/s 307 IPC against Sangeeta's son who is residing in his neighborhood". He has further denied the suggestions that "accused Lalla, Salan, Abu Talib and his associates used to threaten them to withdraw the aforesaid case U/s 307 IPC or that Jagaran, accused Abu Talib and Kartar started abusing and manhandling with him". He has further denied the suggestions that " his brother Kapil and his family reached at the spot and accused Talib and Kartar ran away from the spot or that accused Lalla, Sallan and Talib reached at the spot i.e. Jagaran and threatened them to kill and further threatened to shoot them and thereafter, they left the spot ". He has further denied the suggestions that on "05.08.2018, he alongwith his family and other SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 21 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:40:00 +0530 persons decided to lodge a complaint and when they crossed Deepalia School as they were going to police station, suddenly, accused Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu started firing from the park in front of petrol pump or that they also pelted stones upon them; that all accused persons were having pistol in their hands or that accused Lalla, Mustafa and Bunty had pistol in their hands and they were firing at them or that other accused persons were pelting stones on them". He has further denied the suggestions that "they all were trying to hide from the firing of the accused persons but during that process one bullet hit his stomach and one bullet hit on the mouth of Neeraj or that one bullet hit stomach of his friend Neeraj; that his brother Kapil and two to three boys were got injured during the pellets (charree) of the bullet or that one Scorpio car stationed at spot got damaged due to firing by the accused persons". He has further denied the suggestion that "he had stated to the police that he can identify the accused persons namely Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu. Not only that he refused to identify the accused persons on being pointed out by the Ld. Addl. PP for the State. He has further denied of making his statement u/s 161 Cr.P.C. 10.6. Sh. Neeraj was examined as PW-6 and he has deposed that "He do not remember the date of incident however it was in the year 2018;
that on that day, he alongwith other persons of the colony were going to bring milk dairy; that they reached near petrol pump, Govindpuri, suddenly commotion (bhagdarh) started near petrol pump due to noise of firing and everyone was trying to save themselves; that he saved his life by hiding himself behind one vehicle; that he do not know who had SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 22 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:40:07 +0530 fired; that he did not suffered any injury; that he had not seen who had fired on them". He was declared hostile by the State and cross-examined by Ld. Addl. PP for the State. Despite making best efforts by Ld. Addl PP for State, he has denied the material suggestions that " police never inquired him about the incident and only obtained his signatures or that police had inquired him about the incident and recorded his statement or that there is a case going on U/s 307 IPC against Sangeeta's son who is residing in his neighborhood". He has further denied the suggestions that "accused Lalla, Salan, Abu Talib and his associates used to threaten them to withdraw the aforesaid case U/s 307 IPC or that Jagaran, accused Abu Talib and Kartar started abusing and manhandling with him". He has further denied the suggestions that " his brother Kapil and his family reached at the spot and accused Talib and Kartar ran away from the spot or that accused Lalla, Sallan and Talib reached at the spot i.e. Jagaran and threatened them to kill and further threatened to shoot them and thereafter, they left the spot ". He has further denied the suggestions that on "05.08.2018, he alongwith his family and other persons decided to lodge a complaint and when they crossed Deepalia School as they were going to police station, suddenly, accused Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu started firing from the park in front of petrol pump or that they also pelted stones upon them; that all accused persons were having pistol in their hands or that accused Lalla, Mustafa and Bunty had pistol in their hands and they were firing at them or that other accused persons were pelting stones on them". He has further denied the suggestions that "they all were trying to hide from the firing of the accused persons but SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 23 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:40:16 +0530 during that process one bullet hit his stomach and one bullet hit on the mouth of Neeraj or that one bullet hit stomach of his friend Neeraj; that his brother Kapil and two to three boys were got injured during the pellets (charree) of the bullet or that one Scorpio car stationed at spot got damaged due to firing by the accused persons". He has further denied the suggestion that "he had stated to the police that he can identify the accused persons namely Lalla, Mustafa, Bunty, Rajbir, Shyam @ Goli, Ubash, Rizwan and Chand Babu. Not only that he refused to identify the accused persons on being pointed out by the Ld. Addl. PP for the State. He has further denied of making his statement u/s 161 Cr.P.C. 10.7. Going by the above-said testimonies of PW-1, PW-2, PW-3, PW-4 and PW-6, they are supposed to be the eye witness/injured persons of the incident but they have not deposed anything either about the identity of the persons who who had fired due to which they all received gun shot injury. Henceforth, their testimonies are of no consequence in bringing home the guilt of the accused persons.
11. Coming to charge u/s 25/27 Arms Act which has been framed against accused Abdul Kadir and Mohd. Israj, the case of the Prosecution is that one automatic pistol alongwith two live cartridges were recovered at the instance of accused Abdul Kadir and one country made pistol and two live cartridges and one used cartridge were recovered from the jhuggi of accused Mohd. Israj. In order to prove the case, the Prosecution examined PW-8 IO/ SI Raju. PW-8 IO/ SI Raju has deposed that "that that during the course of investigation on 16.08.2018 on the secret information, he apprehended co-accused Mohd. Israj @ Mustafa from his residence situated in Transit Camp, Govindpuri SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 24 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:40:23 +0530 alongwith other police officials; that he prepared the arrest memo and personal search memo of accused Mohd. Israj which are now Ex. PW8/17 and Ex. PW8/18; that he also recorded his disclosure statement which is now Ex. PW8/19; that on the next day on 17.08.2018, he obtained three days PC remand of accused Mohd. Israj; that during the course of PC remand accused Mohd. Israj had disclosed that he had concealed the country made pistol which was used by him during the course of incident at his house and he can get recovered the same; that thereafter he alongwith accused Mohd. Israj, Ct. Sonu and HC Ravinder went to his residence situated at Transit Camp, Govindpuri and got recovered one country made pistol and two live cartridges and one used cartridge from a patty kept on the roof of his jhuggi; that he prepared the sketch memo of the said country made pistol and two live cartridges and one used cartridge which is now Ex. PW8/20; that he also prepared the site plan of the place of recovery which is Ex. PW8/21; that on 23.08.2018, an intimation was received at PS that accused Abdul Kadir was arrested in case FIR No. 130/2018 of PS Special Cell and thereafter he was sent to JC; that he collected the relevant document pertaining to the case FIR No. 130/2018 of the concerned PS Special Cell which are collectively Mark A-1 (Colly); that on 31.10.2018 on the production warrants, accused Abdul Kadir was produced before the concerned Court; that thereafter he with the permission of the concerned Court arrested the accused and recorded his disclosure statement and the same are now Ex.PW8/23 and Ex. PW8/24; that during the course of interrogation, accused Abdul Kadir had also disclosed that he had concealed the pistol under the metro pillar situated at forest which was SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 25 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:
2025.01.27 16:40:31 +0530 used by him during the course of incident and he can get recovered the same; that thereafter he alongwith Ct. Sonu and accused Abdul Kadir reached at Metro pillar no. 180 near the forest as per his disclosure statement and he got recovered one polethyne bag containing one automatic pistol after digging the barren land near the Metro pillar no. 180; that he obtained the said pistol and two live cartridges were also recovered from the said magazine; that he prepared the sketch memo of said pistol and live cartridges and the same are now Ex.PW8/26; that he also prepared the site plan of place of recovery of the said pistol and live cartridges which is now Ex.PW8/27". He was cross-examined by Ld. Defence Counsels and a suggestion was given from their side that the case properties were planted one but they failed to point out any circumstance which may lead to the conclusion that the case properties were planted at the instance of IO. It was further suggested that since no public person was joined during the recovery proceedings, the whole of the proceedings is farce one. PW-8 SI Raju has well proved the case of Prosecution u/s 25/27 of Arms Act and he has very well explained the recovery proceedings. Not only that he withstood the rigours of cross examination and accused persons failed to shake his credibility during cross examination. The testimony of the police witness cannot be discarded merely on the ground that no public persons were joined in the investigation. Secondly, it is a common that generally public is averse to become a witness in a criminal case because of the attitude of the Courts in summoning the witnesses time and again and sending them back on the ground that either the counsel for the accused was not available or accused was not there. Hence the case of the prosecution cannot be SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 26 OF 27 Digitally signed by GEETANJALI GEETANJALI Date:2025.01.27 16:40:39 +0530
rejected on the ground of non examination of public witness or on account of non joining of public witness. (Reliance placed on judgment titled as Appabhai & Anr. Vs. State of Gujarat, IR 1988 SC 696)
12. In view of the aforesaid discussion, I reached to the conclusion that Prosecution has failed to prove its case beyond reasonable doubt that it was accused persons who fired on Sh. Narender, Sh. Kapil, Mohit and Neeraj, S/o Sh. Jai Prakash and Sh Neeraj, S/o Sh. Lokesh with country made gun due to which they sustained bullet injury on the mouth and stomach. In these circumstances, accused namely Khan Chand Babu, Khan Ubesh, Rizwan, Mohd. Israj @ Mustafa, Abdul Kadir @ Lalla, Shyam Rai, Rajesh @ Bunty and Rajeev Mishra cannot be convicted for the offences punishable u/s. 307/148/149/120B/34 IPC and accordingly they are acquitted of charge u/s. 307/148/149/120B/34 IPC.
However the Prosecution has successfully proved the case that one automatic pistol alongwith two live cartridges were recovered at the instance of accused Abdul Kadir and one country made pistol and two live cartridges and one used cartridge were recovered from the jhuggi of accused Mohd. Israj. In these circumstances, accused persons namely Abdul Kadir and Mohd. Israj stands convicted of charge u/s 27/25 of Arms Act. Digitally signed by Typed to the direct dictation and GEETANJALI announced in the open court GEETANJALI Date:
on this 27nd day of January, 2025 2025.01.27
16:40:45
(Geetanjali) +0530
Addl. Session Judge (FTC)-03
South East District,Saket Courts
New Delhi/27.01.2025
SC NO. 554/2018 FIR NO. 281/2018, PS. GOVIND PURI STATE VS. KHAN CHAND BABU & ORS. PAGE NO. 27 OF 27