Delhi District Court
State vs . (1) Ankur Kumar on 9 October, 2014
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGEII (NORTHWEST): ROHINI COURTS: DELHI
Session Case No. 103/2013
Unique Case ID No. 02404R0105262013
State Vs. (1) Ankur Kumar
S/o Satpal
R/o Village Nahal, PS Masoori,
Distt. Ghaziabad, U.P.
(Convicted)
(2) Anwar
S/o Tassawar
R/o Village Nahal, PS Masoori,
Distt. Ghaziabad, U.P.
(Convicted)
(3) Sanwar
S/o Ibrahim
R/o Village Nahal, PS Masoori,
Distt. Ghaziabad, U.P.
(Convicted)
(4) Khalid
S/o Sagir
R/o Village Nahal, PS Masoori,
Distt. Ghaziabad, U.P.
(Convicted)
(5) Tasleem
S/o Mursleen
R/o Village Nahal, PS Masoori,
Distt. Ghaziabad, U.P.
(Convicted)
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 1
(6) Hasrat
S/o Yusuf
R/o Village Nahal, PS Masoori,
Distt. Ghaziabad, U.P.
(Convicted)
(7) Asif
S/o Yunus
R/o Village Ajrala, PS Mundali,
Distt. Meerut, U.P.
(Convicted)
FIR No.: 32/2013
Police Station: Subhash Place
Under Sections: 186/353/332/307/482/120B IPC, 25/27 of Arms Act
3 PDPP Act and 5 of DACP Act
Date of committal to session court: 3.5.2013
Date on which orders were reserved: 15.9.2014
Date on which Judgment pronounced: 22.9.2014
JUDGMENT:
(1) As per the allegations on or before 19.1.2013 all the accused namely Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif along with Yakub (since expired) hatched a criminal conspiracy to lift the cows and buffaloes for slaughtering and in case of any resistance or obstructions by any one to kill. It has been alleged that in pursuance to the above criminal conspiracy on the intervening night of 1819.1.2013 between 2:00 AM to 2:55 AM the accused lifted three cows, one calf and one buffalo from the Dividing Road of Sector 1617, Rohini and when St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 2 they were transporting the the above animals in Tata 407 Tempo for the purpose of slaughtering or with the knowledge that the same were likely to be slaughtered, when they were chased and finally intercepted on Road No.44, near Jheel Wala Park, Opposite Bus Stop Lok Vihar, Delhi and apprehended and the animals rescued. It has also been alleged that in pursuance to the above criminal conspiracy all the accused persons voluntarily obstructed ACP Sh. Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar in discharge of their public function and also assaulted/ used criminal force against the above public servants in the execution of their duties as such public servants or with intent to prevent or deter such police officials in discharging their duties. Further, as per the allegations all the accused persons in pursuance of their criminal conspiracy voluntarily caused hurt to Ct. Balkar Singh being a public servant in discharge of his duty as such public servant or with intent to deter Ct. Balkar being a public servant from discharging his duty as such public servant. It has also been alleged that all the accused persons in pursuance to the above criminal conspiracy continuously fired upon the police officials i.e. ACP Sh. Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar 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. It has been alleged that all the accused in pursuance of the criminal conspiracy were using the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 3 Tata 407 with fake number plate as HR38AS2616 in place of the original number plate of DL1LR2012 and also committed mischief by firing upon the police vehicles Tata 407 bearing No. DL1LK9515 and police Gypsy bearing No. DL1CM4596 which are public properties. Also, as per the allegations the accused Sanwar, Anwar, Hasrat and Asif were in possession of illegal firearms with which they fired at the police officials.
BRIEF FACTS/ CASE OF THE PROSECUTION:
(2) The case of the prosecution is that there was an incident of cattle lifting on the intervening night of 15/16012013 in the area of Outer/ NorthWest District pursuant to which the police officials of both the Districts were on high alert. On the intervening night of 1819.1.2013 the then ACP Alipur Sh. Rajeev Ranjan was patrolling in the area in Govt. Gypsy No. DL 1 CJ 7412 along with his staff i.e. Ct. Balkar Singh Driver and Operator Ct. Ankit who was carrying 9 mm pistol with 9 live cartridges. While they were patrolling near village Daulat Pur, at 2:00 AM they received a WT Message that some criminals have lifted cattle in a vehicle and had also fired on public persons. Pursuant to the same at about 2:20 AM, ACP Sh. Rajeev Ranjan reached K. N. Katju Marg and spotted a TATA 407, bearing No. HR 38 AS 2616 loaded with cattle at the rear side of tempo driving at a very high speed in the direction of Outer Ring Road. On this Operator Ct. Ankit signaled the tempo to stop but the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 4 vehicle speededup and overtook the police gypsy after which they started chasing the tempo and transmitted the message on wireless.
During the chase the persons sitting at the back of the offending tempo started pelting stones on police gypsy and also fired upon police vehicle. On this in self defence, Sh. Rajeev Ranjan took the pistol from Ct. Ankit and fired towards the tyres of offending TATA 407. In the meantime when they reach near Sachdeva School, ACP Sultan Puri Sh. Jasmeet Singh who had also received the WT messages, joined the chase. The persons on the back of offending TATA kept on pelting stones and firing on the pursuing police parties. ACP Sh. Jasmeet Singh took Glock Pistol from Ct. Rakesh, took an aim on the tyre of offending vehicle and fired. On the Red Light of Outer Ring Road, the offending TATA 407 jumped red signal and dangerously turned towards right in the direction of Madhuban Chowk on which ACP Sh. Rajeev Ranjan again fired towards the offending vehicle but the driver of the offending vehicle did not stop. When the offending TATA 407 was crossing Madhuban Chowk underpass, one of the round fired by the criminals hit the wind screen of the Gypsy of Sh. Rajeev Ranjan and the bullet hit driver Ct. Balkar Singh on his right shoulder despite which Ct. Balkar Singh kept driving the Gypsy and ACP Sh. Rajeev Ranjan again fired two rounds towards the offending TATA 407 but one of the rounds misfired. On the instructions of ACP Sh. Jasmeet Singh, Ct. Rakesh took AK47 from Ct. Deshraj and fired at the rear tyres of the offending TATA tempo. At Deepali Chowk St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 5 another police vehicle make TATA 407 of SI Mukesh Antil joined the chase and the offending vehicle turned towards Haryana Maitree Bhawan and its occupants kept firing on chasing police vehicles. After turning from Deepali Chowk Ct. Balkar Singh was asked to sit in the back and Ct. Ankit started driving the police Gypsy and they again started chasing the offending vehicle. The offending vehicle hit the police barricading at Haryana Mairtree Bhawan and the occupants of the tempo were firing heavily on the pursuing police vehicles. Thereafter the offending vehicle took a left turn from Bikaner Sweets towards the Road No. 44, Lok Vihar and near the Jheel Wala Park, hit the foot path and stopped after which seveneight persons jumped out form the offending vehicle and ran in different directions. Operator Ct. Ankit caught one of the criminals who disclosed his name as Ankur whereas the person who was apprehended by the team of SI Mukesh Antil was known as Sanwar and two other assailants were also apprehended by the other police parties whose names were later on came to be known as Anwar and Khalid were apprehended by other police officials who were chasing the offending tempo. The ACP Sh. Jasmeet Singh saw one person jumped out of driver's cabin side on which he warned them to stop but the said person did not stop on which ACP Jasmeet Singh fired one round aiming towards his feet but the said person however jumped on the wall of Jheel Wala Park and escaped. (3) One long barrel country made Katta was found lying on the road towards the driver's side, another country made pistol with one St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 6 round in the Chamber and two rounds in the magazine was found in the dash board of offending tempo. One leather belt having eleven live cartridges and one desi katta was also found lying in the rear side of the tempo. Three cows, one calf and one buffalo were found in the rear side of tempo and one injured person was found lying in the rear side whose name was later on came to be known as Yakub who was immediately rushed to the hospital. Ct. Balkar Singh the Driver of ACP Sh. Rajeev Ranjan had received gunshot injury on his shoulder due to firing by the accused persons and hence he was also shifted to hospital. All the assailants were also shifted to hospital where their handwash were taken. (4) On the basis of the information sent to the Police Station Subhash Place, Inspector Om Dutt Vats reached the spot and recorded the statement of SI Mukesh Antil on the basis of which the present FIR was registered and the accused Ankur Kumar, Anwar, Sanwar and Khalid were arrested. During investigations on the next day i.e. 20.1.2013 on the identification of Civil Defence Volunteer Jagtender Singh, the accused Mohd. Tasleem was apprehended from opposite Jagdamba Hospital, Hapur Road, Meerut, Uttar Pradesh. At that time the accused Tasleem was having a plaster on right lower limb below the knee having sustained a gun shot injury while escaping (as fired by ACP Sh. Jasmeet Singh). On 30.1.2013 at about 6:20 AM pursuant to a secret information the accused Hasrat S/o Yusuf was apprehended from Metro Station Seelampur and was arrested in this case. During Test Identification St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 7 Parade the accused refused to participate and on 31.1.2013 during Police Custody Remand the accused Hasrat was identified by Inspector Mukesh Antil as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38 AS2616 who managed to escape from the spot after jumping the wall of the park. On 16.02.2013 SI Amit of Police Station Badarpur informed Inspector Sushil Kumar about the arrest of accused Asif pursuant to which on 19.02.2013 accused Asif was arrested from the Rohini Court after taking permission from the Court. The application for his Test Identification Parade was moved but the accused refused to participate in the same after which Asif was remanded to three days Police Custody Remand during which on 22.2.2013 Inspector Mukesh Antil came in the office of Crime Branch Sector14 Rohini and identified the accused Asif S/o Yunus as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38 AS 2616 who managed to escape from the spot after jumping the wall of the park. After completion of investigations charge sheet was prepared and filed in the Court.
CHARGES:
(5) Charges under Sections 120B IPC, 186 IPC and also r/w 120B IPC, 353 IPC and also r/w 120B IPC, 332 IPC and also r/w 120B IPC, 307 IPC and also r/w 120B IPC, 482 IPC and also r/w St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 8 120B IPC and Section 3 of Prevention of Damage to Public Property Act and also r/w 120B IPC and also under Section 5 of Delhi Agriculture Cattle Preservation Act and also r/w 120B IPC were settled against the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif to which they pleaded not guilty and claimed trial. Further, charges under Sections 25/27 of Arms Act were also settled against the accused Anwar, Sanwar, Hasrat and Asif to which they pleaded not guilty and claimed trial.
(6) Before coming to the testimonies of individual witnesses, the details of the witnesses examined by the prosecution, the documents proved by them and the list of case property are hereby put in a tabulated form as under:
List of Prosecution Witnesses:
Sr. PW Name of the Details of the witness
No. No. Witness
1. PW1 Insp. Ashok Police Witness - The then SHO of Police Station
Sharma Mangol Puri who had reached the spot
2. PW2 Insp. Satya Police Witness - The then Addl. SHO of Police
Prakash Station Mangol Puri who had reached the spot
3. PW3 Insp. Mahesh Police Witness - Draftsman
Kumar
4. PW4 SI Naresh Pal Police Witness - Crime Team Incharge (NW
District)
5. PW5 SI Anil Kumar Police Witness - Crime Team Incharge (Outer
District)
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 9
Sr. PW Name of the Details of the witness
No. No. Witness
6. PW6 SI Gaurav Police Witness - Official from PS Rani Bagh
Bhardwaj who had reached the spot of incident
7. PW7 ASI Sajid Hussain Police Witness - Finger Print Expert (NW
District)
8. PW8 ASI Rajinder Police Witness - Duty Officer
Singh
9. PW9 HC Birender Police Witness who had joined investigations
Singh with SI Ramesh and has proved the arrest of
accused Tasleem
10. PW10 HC Lalit Kumar Police Witness who had joined investigations
with SI Ramesh and has proved the arrest of
accused Tasleem
11. PW11 HC Ganesh Police Witness - Photographer who has proved
the videography of Postmortem of deceased
Yakub
12. PW12 HC Jai Bhagwan Police Witness - PCR Van Incahrge
13. PW13 HC Jugender Police Witness - MHCM of Police Station
Alipur who has proved the Arms Register
14. PW14 HC Hari Pal Police Witness - MHCM of Police Station
Mangol Puri who has proved the Arms Register
15. PW15 HC Phool Kanwar Police Witness - MHCM of Police Station
Sultan Puri who has proved the Arms Register
16. PW16 HC Munni Lal Police Witness - who had deposited the vehicles
in the FSL Rohini
17. PW17 HC Raj Kumar Police Witness - MHCM of Police Station
Subhash Place
18. PW18 HC Rohtash Police Witness - MHCM of Police Station
Sultan Puri
19. PW19 HC Mukesh Tyagi Police Witness who had got the postmortem
conducted on the dead body of Yakub
20. PW20 HC Kuldeep Police Witness - Incharge of PCR Van
Commander32
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 10
Sr. PW Name of the Details of the witness
No. No. Witness
21. PW21 HC Sangeet Police Witness - PCR (PHQ) Official
22. PW22 Ct Amin Khan Police Witness who had reached the spot along
with SI Lalit Kumar
23. PW23 Ct. Sanjay Police Witness - Videographer who had
conducted the videography of the postmortem of Yakub
24. PW24 Ct. Sher Singh Police Witness who had got the dead body of deceased Yakub preserved
25. PW25 Ct. Subhash Police Witness - Crime Team Photographer (NorthWest)
26. PW26 Ct. Hans Raj Police Witness - Crime Team Photographer (Outer)
27. PW27 Dr. Bhawna Official Witness who has proved the MLCs of accused Ankur, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif
28. PW28 Dr. Nikunj Official Witness who has proved the MLC of Yakub (deceased), Anwar, Sanwar, Khalid, Ankur and Ct. Balkar Singh
29. PW29 Dr. Saurabh Official Witness who has proved having examined the accused Anwar, Sanwar and Khalid in Surgery Department
30. PW30 Dr. Ashu Mittal MS of Jagdamba Hospital, Meerut who has proved the medical record of accused Tasleem
31. PW31 Dr. Sreenivas Autopsy surgeon who has proved the postmortem report of the deceased Yakub
32. PW32 Sh. Dalip Suri Manager of Sanjay Gandhi Animal Care Center who has proved the Medical Reports of the rescued cattle and death of pregnant cow
33. PW33 Sh. M.A. Rizvi The then Addl. DCP (Outer) who has proved the complaint under Section 195 Cr.P.C.
34. PW34 Sh. Jasmeet Singh The then ACP Sultan Puri - Eye Witness to the incident St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 11 Sr. PW Name of the Details of the witness No. No. Witness
35. PW35 Sh. Rajeev Ranjan The then ACP Alipur - Eye Witness to the incident
36. PW36 SI Lalit Kumar Police Witness from PS Subhash Place who had reached the spot pursuant to the information
37. PW37 Insp. Mukesh Police Witness from who had chased the Antil offending vehicle in the official Tata 407
38. PW38 Dushyant Kumar Public Witness who had made PCR Call
39. PW39 Dr. Kapil Goyal Official Witness who has proved having examined the accused Anwar and Khalid in Orthopedics Department
40. PW40 Sh. K.C. Varshney Forensic Expert who has proved that the hand wash of accused Anwar and Ankur were taken in his presence
41. PW41 Sh. Puneet Puri Forensic/ Ballistic Expert
42. PW42 Sh. Brahma Deen Official Witness - Driver of Pickup van of Sanjay Gandhi Animal Care Center
43. PW43 Retd. ASI Police Witness - Mechanical Inspector Devender Kumar
44. PW44 Ct. Ravinder Police Witness who had accompanied SI Mukesh Antil in the official Tata 407
45. PW45 Ct. Gaurav Police Witness who had accompanied SI Mukesh Antil in the official Tata 407
46. PW46 HC Babu Ram Police Witness - Incharge of PCR Van Commander 31
47. PW47 Sh. Parshuram Assistant Director FSL - Physical Expert Singh
48. PW48 Sh. D.S. Paliwal Forensic Expert - DNA Fingerprinting Unit
49. PW49 Ms. Manisha Forensic Expert - Biological Division Upadhyay
50. PW50 Jagtender Singh Civil Defence Volunteer who was on duty with ACP Sh. Jasmeet Singh St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 12 Sr. PW Name of the Details of the witness No. No. Witness
51. PW51 ASI Jaipal Singh Police Witness who had accompanied SI Mukesh Antil in the official Tata 407
52. PW52 HC Jitender Police Witness who had accompanied SI Mukesh Antil in the official Tata 407
53. PW53 Insp. Om Dutt Initial Investigating Officer
54. PW54 Sh. Sumer Singh Public Witness/ Dairy Owner whose cattle the accused tried to lift
55. PW55 SI Kanwaljeet Police Witness who had chased the offending vehicle in the ERV Gypsy No. DL1CM4594
56. PW56 HC Rakesh Police Witness - Operator of ACP Sultan Puri
57. PW57 ASI Rajesh Kumar Police Witness who had arrested the accused Asif
58. PW58 Ct. Desh Raj Police Witness who was on duty with ACP Sh.
Jasmeet Singh
59. PW59 Ct. Amit Police Witness - Driver of SHO PS Narela
60. PW60 Ct. Balkar Singh Police Witness - Driver of ACP Sh. Rajeev Ranjan who had received injuries in the incident
61. PW61 Sh. Kumar The then ACP (Outer) who has proved the Gyanesh sanction under Section 39 of Arms Act
62. PW62 Ct. Umesh Police Witness who had accompanied SI Mukesh Antil in the official Tata 407
63. PW63 HC Parveen Police Witness who was patrolling in the area Kumar with SHO PS K.N. Katju Marg
64. PW64 Ct. Satender Police Witness who was posted at Police Picket of Haryana Maitri Bhawan
65. PW65 SI Ramesh Police Witness who has proved the arrest of Sharma accused Tasleem from Jagdamba Hospital, Meerut
66. PW66 Ct. Satish Kumar Police Witness - Driver of SHO PS Kanjhawla
67. PW67 Ct. Ankit Police Witness - Operator of ACP Sh. Rajeev Ranjan St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 13 Sr. PW Name of the Details of the witness No. No. Witness
68. PW68 HC Umesh Kumar Police Witness - Control Room/ DM Net Operator of Outer District
69. PW69 HC Ramesh Police Witness who had joined investigations Kumar with Inspector Sushil Kumar
70. PW70 Insp. Sushil Subsequent Investigating Officer Kumar List of documents exhibited:
Sr. Exhibit No. Details of documents Proved by No.
1. PW1/1 Affidavit of evidence of Inspector Ashok Insp Ashok Sharma Sharma
2. PW2/1 Affidavit of evidence of Inspector Satya Insp. Satya Prakash Prakash
3. PW3/1 Affidavit of evidence of Inspector Insp. Mahesh Kumar Mahesh Kumar
4. PW3/A Scaled Site Plan
5. PW4/1 Affidavit of evidence of SI Naresh Pal SI Naresh Pal
6. PW4/A Crime Team Report
7. PW4/B Fingerprint Teport
8. PW5/1 Affidavit of evidence of SI Anil Kumar SI Anil Kumar
9. PW5/A Crime Team Report
10. PW6/1 Affidavit of evidence of SI Gaurav SI Gaurav Bhardwaj Bhardwaj
11. PW6/A DD No. 4A
12. PW6/B DD No. 57B
13. PW7/1 Affidavit of evidence of ASI Sajid ASI Sajid Hassan Hassan
14. PW8/1 Affidavit of evidence of ASI Rajender ASI Rajender Singh Singh St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 14 Sr. Exhibit No. Details of documents Proved by No.
15. PW9/1 Affidavit of evidence of HC Birender HC Birender Singh Singh
16. PW9/A Arrest memo of Modh. Tasleem
17. PW9/B Personal search memo
18. PW10/1 Affidavit of evidence of HC Lalit Kumar HC Lalit Kumar
19. PW11/1 Affidavit of evidence of HC Ganesh HC Ganesh
20. PW11/A1 to Photographs of postmortem proceedings 58
21. PW11/B Negatives
22. PW12/1 Affidavit of evidence of HC Jai HC Jai Bhagwan Bhagwan
23. PW12/A Copy of Log Book
24. PW12/B Copy of log book
25. PW13/1 Affidavit of evidence of HC Jugender HC Jugender
26. PW13/A Copy of fire arm register dated 13.01.13
27. PW13/B Copy of fire arm register dated 16.01.13
28. PW13/C Copy of fire arm register dated 20.01.13
29. PW13/D Seizure memo of pistol
30. PW14/1 Affidavit of evidence of HC Hari Ram HC Hari Ram
31. PW14/A Copy of fire arm register dated 18.01.13
32. PW14/B Seizure memo of arms
33. PW15/1 Affidavit of evidence of HC Phool HC Phool Kanwar Kanwar
34. PW15/A Copy of fire arm register dated 18.01.13
35. PW15B Copy of fire arm register dated 29.09.12
36. PW15/C Seizure memo of arms
37. PW16/1 Affidavit of evidence of HC Munni Lal HC Munni Lal
38. PW16/A RC No. 10/21/13
39. PW16/B FSL Receipt St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 15 Sr. Exhibit No. Details of documents Proved by No.
40. PW17/1 Affidavit of evidence of HC Raj Kumar HC Raj Kumar
41. PW17/A Copy of Register no. 19 Sr. 2875
42. PW17/B Copy of Register no. 19 Sr. 2876
43. PW17/C Copy of Register no. 19 Sr. 2879
44. PW17/D Copy of Register no. 19 Sr. 2880
45. PW17/E Copy of Register no. 19 Sr. 2938
46. PW17/F Copy of Register no. 19 Sr. 2956
47. PW17/G Copy of Register no. 19 Sr. 2971
48. PW17/H Copy of Register no. 19 Sr. 3073
49. PW17/I Copy of Register no. 19 Sr. 3111
50. PW17/J RC 39/21/13
51. PW17/K FSL Receipt
52. PW17/L RC 40/21/13
53. PW17/M FSL Receipt
54. PW18/1 Affidavit of evidence of HC Rohtash HC Rohtash
55. PW18/A DD No. 6B
56. PW18/B FIR
57. PW18/C Endorsement on rukka
58. PW19/1 Affidavit of evidence of HC Mukesh HC Mukesh
59. PW19/A Seizure memo of exhibits
60. PW19/B Seizure memo of the video cassettes
61. PW19/C Seizure memo of blood sample
62. PW19/D Seizure memo of blood sample
63. PW20/1 Affidavit of evidence of HC Kuldeep HC Kuldeep
64. PW21/1 Affidavit of evidence of HC Sangeet HC Sangeet
65. PW21/A PCR Form
66. PW22/1 Affidavit of evidence of Ct. Amin Khan Ct. Amin Khan
67. PW23/1 Affidavit of evidence of Ct. Sanjay Ct. Sanjay St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 16 Sr. Exhibit No. Details of documents Proved by No.
68. PW24/1 Affidavit of evidence of Ct. Sher Singh Ct. Sher Singh
69. PW25/1 Affidavit of evidence of Ct. Subhash Ct. Subhash
70. PW25/A1 to Photographs of the spot of incident 46
71. PW25/B CD of photographs
72. PW26/1 Affidavit of evidence of Ct. Hans Raj Ct. Hans Raj
73. PW26/A1 to Photographs of spot of incident 46
74. PW26/B CD of photographs
75. PW27/A MLC of Anwar Dr. Bhawna
76. PW27/B MLC of Sanwar
77. PW27/C MLC of Khalid
78. PW27/D MLC of Ankur Kumar
79. PW27/E MLC of Tasleem
80. PW27/F MLC of Hasarat
81. PW27/G MLC of Asif
82. PW28/A MLC of Yakub Dr Nikunj
83. PW28/B MLC of Anwar
84. PW28/C MLC of Sanwar
85. PW28/D MLC of Khalid
86. PW28/E MLC of Ankur Kumar
87. PW28/F MLC of Ct. Balkar
88. PW30/A MLC of Tasleem Dr. Ashu Mittal
89. PW30/B Discharge Card
90. PW30/C Case Sheet
91. PW31/A Postmortem Report Dr. Sreenivas
92. PW31/B Diagram
93. PW32/A Postmortem Report of rescued pregnant Dr. Dalip Suri Cow which expired St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 17 Sr. Exhibit No. Details of documents Proved by No.
94. PW32/B Medical report of rescued animals
95. PW32/C Copy of Superdarganima
96. PW33/A Complaint under Section 195 Cr.P.C. Sh. M A Rizvi
97. PW34/A DD No. 7A Sh. Jasmeet Singh
98. PW36/A Sketch of Katta SI Lalit Kumar
99. PW36/B Seizure memo of Rukka
100. PW36/C Site plan
101. PW36/D Sketch of country made gun
102. PW36/E Seizure memo of gun
103. PW36/F Sketch of katta
104. PW36/G Seizure memo of Katta
105. PW36/H Sketch of 11 Cartridges
106. PW36/I Seizure memo of Cartridges
107. PW36/J Sketch of 2 Cartridges
108. PW36/K Seizure memo of Cartridges
109. PW36/L Seizure memo of Cows, One calf and buffalo
110. PW36/M Seizure memo of blood lifted form buffalo
111. PW36/N Seizure memo of blood stained hairs were taken from the buffalo
112. PW36/O Seizure memo of control hair of the buffalo
113. PW36/P Seizure memo of clothes of Ct. Balkar Singh
114. PW36/Q Seizure memo of Swab of Anwar
115. PW36/R Seizure memo of Swab of Ankur
116. PW36/S Seizure memo of Swab of Yakub
117. PW36/T Seizure memo of Swab of Anwar and and U Khaild St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 18 Sr. Exhibit No. Details of documents Proved by No.
118. PW36/V1 to Sketch of Three empty cartridges V3
119. PW36/ W1 Seizure memo of Cartridges to W3
120. PW36/ X Sketch Two live cartridges and four empty cartridges
121. PW36/X1 Seizure memo of Two live cartridges and four empty cartridges
122. PW36/Y Seizure memo of Badge
123. PW36/ Z1 Sketch of lead
124. PW36/Z2 Seizure memo of lead
125. PW36/ Z3 Seizure memo of bag
126. PW36/ Z4 Seizure memo of blood lifted from the left side of offending vehicle
127. PW36/ Z5 Seizure memo of earth control
128. PW36/Z6 to Seizure memo of four vehicles Z9
129. PW36/Z10 Seizure memo of Pieces of tyre
130. PW36/Z11 Seizure memo of Burnt Tyre
131. PW36/Z12 Seizure memo of one pair of shoes, rope, sweater, jacket and bucket
132. PW36/Z13 Seizure memo of blood stained stone
133. PW36/Z14 Sketch of Cartridges
134. PW36/Z15 Seizure memo of cartridges
135. PW36/Z16 Arrest memo of Ankur
136. PW36/Z 17 Arrest memo of Sanwar
137. PW36/Z18 Arrest memo of Khalid
138. PW36/Z19 Arrest memo of Anawar
139. PW36/Z 20 Personal search memo of Ankur
140. PW36/Z21 Personal search memo of Sanwar St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 19 Sr. Exhibit No. Details of documents Proved by No.
141. PW36/Z22 Personal search memo of Khalid
142. PW36/Z23 Personal search memo of Anwar
143. PW36/Z 24 Disclosure statement of Anwar
144. PW36/Z25 Seizure memo of Damaged Barricade
145. PW36/Z 26 Disclosure statement of Ankur
146. PW36/Z27 Disclosure statement of Sanwar
147. PW36/Z 28 Disclosure statement of Khalid
148. PW36/Z 29 Disclosure statement of Anwar
149. PW41/A Ballistics Report Puneet Puri
150. PW43/A Mechanical Inspection Report of the ASI Devender Kumar offending vehicle bearing No. H638 AS2616
151. PW43/B Mechanical Inspection Report of official Tata 407 bearing No. DL1LK9515
152. PW43/C Mechanical Inspection Report of Maruti Gypsy No. DL1CM4596
153. PW43/D Mechanical Inspection Report of Maruti Gypsy DL1CJ7412
154. PW46/A Call Entry Record HC Babu Ram Dogra
155. PW47/A Scene of crime report Sh. Parshuram Singh
156. PW48/A DNA report Sh. D.S. Paliwal
157. PW48/B Genotype Analysis
158. PW49/A Biological Report Ms. Manisha
159. PW49/B Serological Report Upadhyaya
160. PW53/A Rukka Insp. Om Dutt
161. PW57/A Statement of ASI Rajesh ASI Rajesh
162. PW7/B Sketch of Katta
163. PW57/C Seizure memo
164. PW57/D Arrest memo of Asif St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 20 Sr. Exhibit No. Details of documents Proved by No.
165. PW57/D Personal search memo
166. PW57/F Disclosure statement of Asif
167. PW57/DX1 Confronted statement
168. PW61/A Sanction under Section 39 of Arms Act Sh. Kumar Gyanesh
169. PW65/A Seizure memo of Mobile Phone SI Ramesh Sharma
170. PW68/A Copy of log book HC Umesh Kumar
171. PW69/A Disclosure statement of Tasleem HC Ramesh Kumar
172. PW69/B Arrest memo Hashrat
173. PW69/C Disclosure statement of Hasrat
174. PW69/D Arrest memo of Asif
175. PW69/E Disclosure statement of Asif
176. PW69/F Another Disclosure statement of Asif
177. PW69/G Seizure memo of Exhibits EVIDENCE:
(7) In order to prove its case the prosecution has examined as many as Seventy Witnesses as under:
Public Witnesses:
(8) PW38 Dushyant Kumar a Businessman by profession has deposed that he is residing at 348, Second Floor, Sainik Vihar, Pitampura, Delhi 34 where he is residing with his family. According to the witness on the intervening night of 1819.01.2013 he was returning on his motorcycle from Mahendra Park after attending the reception of his friend Deepak Saini and when he reached the main road of Mahendra St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 21 Park, he suddenly noticed one TATA 407 being chased by police vehicle and there was firing going on from TATA 407 which was being returned by police vehicles i.e. fivesix Gypsies. According to the witness as soon as these vehicles reached Mahendra Park red light, the TATA 407 stopped after hitting the footpath near the Lok Vihar bus stop and the police vehicles also stopped after which there was a traffic jam as large number of vehicles had stopped. Witness has further deposed that he noticed that after TATA 407 had stopped, some boys had jumped out of the same and ran towards the left side Jheel Wala Park and police also chased them inside the park but they could not move because of traffic jam.
According to the witness on seeing this he made a 100 number call from his mobile phone bearing No. 8585919337 and he stayed there for about half an hour and then left.
(9) In his cross examination by Ld. Defence counsels witness has deposed that he had reached Mahendra Park Road at around 1:302:00 AM and had reached at the red light where the vehicles had stopped within 1015 minutes. According to the witness, he did not speak to any police officers at the spot and has voluntarily explained that he only made a 100 number call. He has testified that it was on 28.03.2013 when he was called to the Police Station, he was interrogated but he was not given any notice. He has further deposed that he never signed any document and states that he had made a call at about 2:30 AM (midnight). Witness has further deposed that the police made no inquiries from him in respect St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 22 of as to from where he was coming. According to him, he is not a witness in any other case. Witness has denied the suggestion that he is a stock witness of the police and he was asked to make this call by the police officials to lend authenticity and credibility to the incident. Witness has denied the suggestion that no such incident had happened. (10) PW54 Sh. Sumer Singh has deposed that he is residing at house No. A94, Village Shahbad Daulatpur, Delhi along with his family and is running a diary and is owning a large number of cows and buffalo. According to the witness at the time of the incident he was having 40 cows and 40 buffaloes which he used to tie in a plot adjoining his house and also in a park. He has further deposed that in the intervening night of 18/19.01.2013 at about 2:00 AM (midnight) he heard some noise coming from the park and when he went to the park he saw that fivesix persons were opening the ropes of the cows which were tied to the khunti. Witness has testified that there was a tempo of TATA 407 of a cream color parked there and cattle were inside the said tempo and there were threefour persons standing near the tempo also. According to the witness when he saw this he raised an alarm/hala of chorchor, on which a large number of neighbors came out and collected with lath and dandas. Witness has further deposed that on seeing this the said boys who were in the age group of 2530 years fired threefour rounds and thereafter went into a tempo and escaped towards Muskan Apartment. According to the witness he immediately made a 100 number call on St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 23 which the police officials came from Sector 17, Rohini and informed the police about what had happened on which they also went away in the same side in which the boys had gone. He has testified that he was called at the Police Station situated in Sector 17 where he had informed them about the details of the incident. The witness has identified the accused Ankur in the Court as the person who was involved in the incident. (11) In his cross examination by Ld. Defence counsels, witness has deposed that he has no MCD licence to run a diary nor he has obtained any kind of permission from the MCD nor any other authority to keep the cows and buffaloes in the park. However, it has been observed by this Court that firstly the witness is resident of rural area where no permission is required from the MCD for keeping cows and buffalo and secondly in a case of cattle theft for purposes of slaughter the place where the life stock was present at the time of the incident whether on public or on private property is immaterial.
(12) The witness has further deposed that police met him at 2:00 AM. According to the witness, he had never gone to jail to identify any of the accused persons. Witness has admitted that his cows were not stolen and has voluntarily explained that while these boys were untying the cattle, he raised an alarm on which they fled. Witness has denied the suggestion that there was no such incident and the same has been manipulated by him on the asking of the local police or that due to the darkness he could not see the person whom he had identified in the court St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 24 and has voluntarily countered the defence counsel by saying as ".... how else did he could identify him......" (aur aaj kaise pehchan liya). Witness has admitted that he cannot tell which boy was opening the rope from the khuti and who were standing near the vehicle. Witness has denied the suggestion that the accused Ankur was never present at the time of incident or that he was deposing falsely on the asking of the Investigating Officer.
Medical Evidence:
(13) PW27 Dr. Bhawna from BSA Hospital has deposed that on 23.01.2013 Anwar S/o Tassawar, aged 24 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by Ct. Pawan Kumar for medical examination and for collection of blood sample and the MLC of Anwar was prepared by Dr. Deepak Garg, her associate and Junior and the blood was collected by him under her supervision vide MLC Ex.PW27/A. She has further deposed that on 23.01.2013 Sanwar S/o Ibrahim, aged 24 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by Ct. Pardeep for medical examination and for collection of blood sample and the MLC of Sanwar was prepared by Dr. Deepak Garg, her associate and Junior and the blood was collected by him under her supervision vide MLC Ex.PW27/B. According to the witness on 23.01.2013 Khalid S/o Shagir, aged 22 years, R/o Village Nahal, Police St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 25 Station Massorie, District Ghaziabad had been brought to the hospital by Ct. Pardeep Hooda for medical examination and for collection of blood sample and MLC of Khalid was prepared by Dr. Deepak Garg, her associate and Junior and the blood was collected by him under her supervision which MLC is Ex.PW27/C. Witness has also deposed that on 23.01.2013 Ankur Kumar S/o Satpal Singh, aged 23 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by Ct. Satbir Singh for medical examination and for collection of blood sample. According to the witness the MLC of Ankur Kumar was prepared by her and she collected his blood sample which MLC is Ex.PW27/D. According to her, on 23.01.2013 Tasleem S/o Mursalim, aged 25 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by police for medical examination and for collection of blood sample and the MLC of Tasleem was prepared her and she collected his blood sample which MLC is Ex.PW27/E. (14) She has further testified that on 30.01.2013 Hasarat S/o Yusuf, aged 21 years R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by Ct. Parvesh for medical examination and for collection of blood sample and she prepared the MLC of Hasrat and collected the blood sample which MLC is Ex.PW27/F. Witness has further deposed that on 22.02.2013 Asif S/o St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 26 Yunus aged 28 years, R/o Village Azrala, Police Station Mundali, District Meerut, UP had been brought to the hospital by Ct. Pardeep Dahiya for medical examination and for collection of blood sample and the MLC of Asif was prepared by her associate and Junior Dr. Arun Partap Singh who also collected the blood sample under her supervision which MLC is Ex.PW27/G. This witness was not cross examined by Ld. Defence counsel, despite an opportunity being granted in this regard.
(15) PW28 Dr. Nikunj CMO, Bhagwan Mahavir Hospital has deposed that on 19.01.2013 Yakub S/o Unknown was brought to the hospital by Commander 31 HC Babu Ram initially as an unknown person whose name was later on disclosed by Yakub by other persons who was brought later. According to the witness Yakub was brought in the casualty in unconscious state and after examination he declared him as 'Brought Dead' vide MLC which is Ex.PW28/A. Witness has further deposed that on 19.01.2013 Anwar S/o Tasawar, aged 24 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by the police and he prepared his MLC which is Ex.PW28/B. Witness has further deposed that on 19.01.2013 Sanwar S/o Ibrahim, aged 24 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by the police and he prepared his MLC which is Ex.PW28/C. He has testified that on 19.01.2013 Khalid S/o Shagir, aged 22 years, R/o Village Nahal, Police St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 27 Station Massorie, District Ghaziabad had been brought to the hospital by the police. According to the witness the MLC of Anwar was prepared by him which is Ex.PW28/D. He has also proved that on 19.01.2013 Ankur Kumar S/o Satpal Singh, aged 23 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by the police. According to the witness the MLC of Anwar was prepared by him which is Ex.PW28/E. The witness has further proved that on 19.01.2013 Ct. Balkar S/o Jugti, aged 24 years, R/o Village and Post Office Kheri Jugar, Tehsil Gannaur, District Sonepat, Haryana had been brought to the hospital by the police. According to the witness the MLC of Ct. Balkar was prepared by him which is Ex.PW28/F. He has also deposed that the cases of Anwar, Khalid and Sanwar were referred by him to SR Surgery and Orthopedics for further investigations and management and after the examination by SR Surgery and Orthopedics it was opined that the patient Khalid had received a fracture on the forearm and hand which were grievous injuries which observations of SR Surgery are present at mark B on Ex.PW28/D and the observations and signatures of Dr. Kapil the Orthopedics at point mark C. (16) In his cross examination by Ld. Defence counsels, witness has deposed that the injuries on the body of Ct. Balkar are possible due to blunt object.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 28 (17) PW29 Dr. Saurabh, SR Surgery from Bhagwan Mahavir Hospital has deposed that on 19.01.2013 the patients Anwar, Sanwar and Khalid were referred to him for further investigations and management. According to the witness after examining the patients, he made his observations on their MLCs and his observations and signatures are present at point B on the MLC of Anwar which is Ex.PW28/B; his observations and signatures on the MLC of Sanwar Ex.PW28/C are present at point B and his observations and signatures on the MLC of Khalid Ex.PW28/D are present at point B. This witness was not cross examined by Ld. Defence counsel, despite an opportunity being granted in this regard.
(18) PW30 Dr. Ashu Mittal, MS Surgeon from Jagdamba Hospital, Shahstri Nagar, Meerut, UP has deposed that on 19.01.2013 Wasim (Tasleem) S/o Muslim, aged 25 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad, UP was brought to the hospital by Salman, brother of the patient with the alleged history of having sustained gun shot injury at 3:00 AM on 19.01.2013 and he was admitted in the hospital and was under his treatment. The witness has proved the MLC of Tasleem which is Ex.PW30/A bearing his signatures at point A and bearing the thumb impressions of patient Tasleem at point B. He has also proved the discharge card of Tasleem which is Ex.PW30/B and has deposed that Dr. Neeraj Mittal, Orthopedics Surgeon had seen his St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 29 case. Witness has also placed on record the case sheet of Tasleem which is Ex.PW30/C (running into 08 pages) bearing his signatures at various points mark A. (19) In his cross examination by Ld. Defence counsels witness has denied the suggestion that the above MLC has been fabricated at the instance of the Delhi Police. Witness has denied the suggestion that he has never provided any treatment to Tasleem.
(20) PW31 Dr. Sreenivas, Associate Professor, Maulana Azad Medical College has deposed that on 22.01.2012 the postmortem on the body of Yakub S/o Haneef R/o Village Dhindholi, Police Station Jani, Distt. Meerut UP was conducted by the Medical Board consisting of himself, Dr. Sone Lal and Dr. Jyoti Barwa. According to the witness thereafter they gave their report which is Ex.PW31/A (running into 18 pages) bearing his signatures at point A on all the pages, signatures of Dr. Sone Lal at point B and signatures of Dr. Jyoti at point C on each pages. Witness has proved the diagram sheet which is Ex.PW31/B and has deposed that two bullets were recovered from the body of deceased out of which one bullet was embedded in his clothing whereas the other bullet was recovered during the postmortem from the body. According to the witness the cause of death was opined to be craniocerebral damage consequent upon fire arm ammunition injury to the head (injury no.
1) and penetrating trauma to the head (injury No.3) which were St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 30 individually and collectively sufficient to cause death in ordinary course of nature and time since death was opined to be about three days. He has proved the detail opinion in this regard at point bracketed X to X1 on Ex.PW31/A on page no. 17. This witness was not cross examined by Ld. Defence counsels, despite an opportunity being granted in this regard.
(21) PW32 Sh. Dalip Suri, Manager of Sanjay gandhi Animal Care Centre has deposed that on 19.01.2013 they received three cows, one cow calf and one buffalo under the present FIR. According to the witness out of these five animals, one cow was pregnant who was badly injured, rest of the two cows and one calf were also injured. Witness has further deposed that on receipt of the call from the police they had send their Ambulance and the above animals had been received at their center in their Ambulance in the above condition. He has testified that during the treatment one cow who was pregnant had expired and the postmortem report of the same is Ex.PW32/A bearing the signatures of Dr. Jameel. Witness has further deposed that the cause of death was opined as haemorrhage shock and traumatic injury and there were following External Injuries Blotted, bleeding and discharge from vagina, deep penetrating wound on the right flank, injury mark on muzzle and horn.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 31 (22) He has further deposed that internal examination showed deep penetrating wound. He has testified that there was injury on the right horn, bleeding from the vulva, heart was congested and liver had petechial haemorrhage; Intestine had multiple haemorrhages and had toe head few places; Reproductive procedure was filled with depth fetus and ruptured uterus.
(23) Witness has further deposed that when the animals were received in the center, the medical report were prepared by Dr. Nand Kishore dated 19.01.2013 which is Ex.PW32/B. He has also deposed that by the order of the Court of Sh. Kishore Kumar the buffalo had been released to Superdar Abdulla on execution of the Superdarinama which copy of the superdarinama and release order are collectively Ex.PW32/C (running into four pages). According to the witness the other two cows and one calf are still in the animal center as they have not been claimed by anybody.
(24) In his cross examination by Ld. Defence counsels, witness has deposed that only the receiving of the animals in the center has been done in his presence and in respect of the medical report and postmortem report, he has deposed on the basis of the official record maintained in their office being duly authorized officer.
(25) PW39 Dr. Kapil Goyal SR Orthopedics from Bhagwan Mahaivr Hospital has deposed that on 19.01.2013 at about 3:05 AM patient namely Anwar S/o Tasarar, aged 24 years, male was brought to St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 32 the hospital with alleged history of cross firing at Harsh Vihar about half an hour back with the police. According to the witness initially the patient was examined in the Casualty under supervision of Dr. Nikunj, CMO vide MLC No. 1252 which is Ex.PW28/E. Witness has further deposed that after examination the patient was referred to him in SR Ortho where he had examined the patient and he opined soft tissue injury on left thigh and left buttock. According to the witness his observations are present on the MLC at encircled portion X bearing his signatures at point C. He has testified that on the same day at about 3:00 AM patient namely Khalid S/o Sagir, aged 22 years Male was brought in the Casualty of the hospital by HC Jai Bhagwan with alleged history of brought by police (PCR) in drowsy state found at Harsh Vihar road side neat TATA 407 at about half an hour back. According to the witness initially the patient was examined in the casualty under supervision of Dr. Nikunj Aggarwal, CMO on duty vide MLC No.232/13 which is Ex.PW28/D. Witness has further deposed that after examination the said patient was referred to him in SR Ortho department and after examining the patient and after going through the XRay reports he opined the injury to be fracture of fourth metacarpal right side with fracture of left ulna. He has proved his observations on the MLC at encircled portion X bearing his signatures at point C. This witness was not cross examined by Ld. Defence counsels, despite an opportunity being granted St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 33 in this regard.
FSL Experts:
(26) PW40 Sh. K. C. Varshney Deputy Director, FSL, Rohini has deposed that on 19.1.2013 at the request of SHO Police Station Netaji Subhash Place he reached Bhagwan Mahavir Hospital where the body of the deceased Yakub was lying in the casualty. According to the witness under his supervision, Inspector Om Dutt collected the hand wash of the deceased which he kept in small polythene container which he then sealed and took the same into possession in his presence and seized the same vide memo Ex.PW36/S bearing his signatures at point C. He has further proved that the hand wash of Ankur and Anwar who were also present in the hospital was also taken under his supervision which Inspector Om Dutt kept in separate polythene containers which he then sealed and took into possession. He has also proved that Inspector Om Dutt then prepared the seizure memos of the same which are Ex.PW36/Q and Ex.PW36/R both bearing his signatures at point C. (27) In his cross examination by the Ld. Defence counsels, the witness has deposed that he does not recollect the details of the seal put by the Investigating Officer on the containers and to whom he had handed over the same after use.
(28) PW41 Sh. Puneet Puri, Sr. Scientific Officer (Ballistics) FSL Rohini has deposed that on 8.3.2013, thirty nine sealed parcels of the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 34 present case were received in FSL Rohini. According to the witness, Parcel No. 1 to 5, 7 to 26 were sealed with the seal of OM, Parcel No. 6 was sealed with the seal of BMH GOVT OF NCT OF DELHI PITAM PURA DELHI, Parcel No. 27 and 28 were sealed with the seal of MAMC, SM and Parcel Nos. 29 to 39 were sealed with the seal of SKH.
He has further deposed that the said parcels were marked to him for examination and the seals on all the parcels were intact and as per the specifications of the specimen seals provided with the FSL Form. The witness has proved that on opening the first parcel one country made pistol of .315 inch bore and one 8 mm/ .315 inch cartridge were taken out which was marked as Ex.F1 and A1 by him; on opening the second parcel one country made gun of .315 inch bore was taken out which was marked as Ex.F2 by him; on opening the third parcel one country made pistol of .303 inch bore was taken out which was marked as Ex.F3; on opening the fourth parcel eleven 8mm/ .315 inch cartridges and one belt for carrying cartridges were taken out which were marked as Ex.A2 to A12 and B1; on opening the fifth parcel one improvised pistol of 7.65 mm bore and three 7.65 mm cartridges were taken out which were marked as Ex.F4 and A13 to A15; on opening the sixth parcel one jacket which was marked Ex.C1 having a hole mark HB1 on the right shoulder, one uniform shirt marked Ex.CB2 having one area marked HB2 on the right shoulder were recovered; on opening the seventh parcel one swab St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 35 was taken from the right hand of the Yakub was taken out which was marked as Ex.S1; on opening the eighth parcel one swab taken from the left hand of the Yakub was taken out which was marked as Ex.S2; on opening the ninth parcel one control swab taken from Yakub which was marked as CA1; on opening the tenth parcel one swab taken from the right hand of the Ankur was taken out which was marked as Ex.S3; on opening the 11th parcel one swab taken from the left hand of Ankur was taken out which was marked as Ex.S4; on opening the 12th parcel one control swab taken from Ankur was taken out which was marked as Ex.CA2; on opening the 13th parcel one swab taken from the right hand of the Anwar was taken out which was marked as Ex.S5; on opening the 14th parcel one swab taken from the left hand of Anwar was taken out which was marked as Ex.S6; on opening the 15th parcel one control swab taken from Anwar was taken out which was marked as Ex.CA3; on opening the 16th parcel one swab taken from right hand of Sanwar was taken out which was marked as Ex.S7; on opening the 17th parcel one swab taken from the left hand of Sanwar was taken out which was marked as Ex.S8; on opening the 18th parcel one control swab taken from Sanwar was taken out which was marked as Ex.CA4; on opening the 19th parcel one swab taken from right hand of Khalid was taken out which was marked as Ex.S9; on opening the 20th parcel one swab taken from the left hand of Khalid was taken out which was marked as Ex.S10; on St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 36 opening the 21st parcel, one control swab taken from Khalid was taken out which was marked as Ex.CA5; on opening the 22nd parcel, one 7.65 mm cartridge case was taken out which marked as Ex.EC1; on opening the 23rd parcel one 8mm / .315 inch cartridge case was taken out which was marked as Ex.EC2; on opening the 24th parcel, one 8mm / .315 inch cartridge case (percussion cap found absent) was taken out which was marked as Ex.EC3; on opening the 25th parcel, one metallic piece was taken out which was marked as Ex.EBR1; on opening the 26th parcel, two 8mm/ .315 inch cartridges cases were taken out which were marked as Ex.EC4 and EC5; on opening the 27th parcel, two deformed bullets were taken out which were marked as Ex.EB2 and EB3. The witness has further testified that on opening the 28th parcel the following articles were taken out i.e. one jacket which was marked CY1 having four holes, two holes marked as HY1 and HY2 on the right portion of backside and two holes marked HY3 and HY4 on the right portion of backside of collar; one sweat shirt with cap marked Ex.CY2 having three holes, one hole marked as HY5 on the right portion of back side and two holes marked HY6 and HY7 on the right portion of backside of the cap; one full sleeve shirt with brown stains marked Ex.CY3 having three holes marked as HY8, HY9 and HY10 on the right portion of backside, one jeans pant marked Ex.CY4; one pant marked Ex.CY5; one thermal lower marked Ex.CY6; one underwear marked CY7 and one pair of shoes marked St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 37 Ex.CY8. According to the witness, on opening the 29th parcel, one pistol 9mm caliber bearing no. T366496 was taken out which was marked as Ex.F5; on opening the 30th parcel, one pistol 9mm caliber bearing no. 18254888 was taken out which was marked as Ex.F6; on opening the 31st parcel, one pistol 9mm caliber bearing no. 18254884 was taken out which was marked as Ex.F7; on opening the 32nd parcel, one rifle 5.56 mm caliber (INSAS) bearing no. 18107553 was taken out which was marked as Ex.F8; on opening the 33rd parcel, one assault rifle 7.62mm caliber (AK47) bearing No. KT 437797 was taken out which was marked as Ex.F9; on opening the 34th parcel, one pistol 9mm caliber bearing no. RCS 043 was taken out which was marked as Ex.F10; on opening the 35th parcel, one deformed bullet and 10 metallic pieces were taken out which were marked as Ex.EB4 and EBR5 to EBR14.
(29) The witness has further deposed that on opening the 36th parcel, swabs marked SH1 to SH22, SH23A, SH23B taken from the holes marked H1 to H22, H23A, H23B; swabs marked SD1 to SD3 taken from the dents marked D1 to D3; and control swabs marked C1 to C11 from Tata 407 bearing registration No. HR 38A S2616, were taken out; on opening the 37th parcel, swab marked SH25 taken from the hole marked H25, swabs marked SD5, SD6 taken from the dents marked D5, D6 and one control swab marked C14 from Tata 407 bearing registration no. DL1L K9515 were taken out; on opening the 38th parcel, swab marked St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 38 SH24 taken from the hole marked H24 and one control swab marked C12 from Maruti Gypsy bearing registration no. DL1C J7412 were taken out; on opening the 39th parcel, swab marked SD4 taken from the dent marked D4 and one control swab marked C13 from Maruti Gypsy bearing registration no. DL1C M4596 were taken out.
(30) The witness has proved that on examination he found that the country made pistol marked Ex.F1 was in working order, test fire was conducted successfully by using the cartridges marked Ex.A1, A2 and the test fired cartridge cases were marked as TC1 and TC2 and the one recovered test fired bullet was marked TB1. However, the country made gun .315 inch bore marked Ex.F2 was not in working order in present condition and required repair of fire mechanism to brought into working condition but the test fire was conducted under laboratory condition by using the cartridges A3, A4 and the test fired cartridge cases were marked TC3 and TC4. He has also proved that the country made pistol marked Ex.F3 was in working order, test fire was conducted successfully by using two .303 inch cartridges taken from the laboratory stock, the test fired cartridge cases were marked TC5, TC6 and the two recovered test fired bullets were marked as TB2 and TB3. The witness has also proved that the improvised pistol marked Ex.F4 was in working order, test fire was conducted successfully by using the cartridges marked Ex.A13 and A14 and the test fired cartridge cases were marked as TC7 and TC8. He has testified that the pistols marked Ex.F5, Ex.F6, Ex.F7 and Ex.F10 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 39 were in working order, two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F5 and the test fired cartridge cases were marked as TC9 and TC10; two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F6 which test fired cartridge cases were marked as TC11 and TC12; two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F7 and the test fired cartridge cases were marked as TC13 and TC14; two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F10 which test fired cartridge cases were marked as TC19 and TC20. According to the witness, the rifle marked Ex.F8 was in working order, test fire was conducted successfully by using two 5.56 mm cartridges from the laboratory stock which test fired cartridge cases were marked as TC15, TC16 and two recovered test fired bullets were marked as TB4 and TB5. He has proved that the assault rifle marked Ex.F9 was in working order, test fire was conducted successfully by using two 7.62 x 39 mm cartridges from the laboratory stock which test fired cartridge cases were marked as TC 17 and TC18 and the two recovered test fired bullets were marked as TB6 and TB7. The witness has also proved that the 7.65mm cartridge case marked Ex.EC1 was a fired empty cartridge and had been fired through the improvised pistol marked Ex.F4 as the individual characteristics of firing pin marks and breech face marks present on Ex.EC1 and on St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 40 test fired cartridges cases mark TC7 and TC8 were found identical when examined under the comparison microscope. The witness has further proved that the 8mm/ .315 mm cartridge cases marked EC2, EC4 and EC5 were fired empty cartridges and had been fired through the country made gun marked Ex.F2 as the individual characteristics of firing pin marks present on Ex.EC2, EC4 and EC5 and on test fired cartridge cases TC3 and TC4 were found identical when examined under the comparison microscope. He has further testified that the 8mm/ .315 inch cartridge case marked Ex.EC3 was a fired empty cartridge and no further opinion could be possible due to the insufficient data (as the percussion cap of Ex.EC3 found absent). According to the witness, no opinion could be given on the metallic pieces marked Ex.EBR1, EBR6, EBR8 to EBR13 due to insufficient data and the deformed bullets marked Ex.EB2, EB3 and EB4 were corresponding to the bullets of 7.62 x 39 mm cartridges and had been discharged through the rifle marked Ex.F9 as the individual characteristics of rifling marks present on Ex.EB2, EB3 and EB4 and on test fired bullets marked as TB6 and TB7 were found identical when examined under the comparison microscope. He has also testified that the metallic piece mark Ex.EBR5 was the part of jacket of fired bullet of 7.62 x 39 mm cartridge that had been discharged through the rifle marked Ex.F9 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 41 as the individual characteristics of rifling marks present on Ex.EBR5 and on test fired bullet marked Ex.TB6 and TB7 were found identical when examined under the comparison microscope. He has proved that the metallic piece mark Ex.EBR7 was the core of bullet of 7.62 x 39 mm cartridge and the metallic piece mark Ex.EBR14 was inner tip of bullet of 5.56 mm cartridge.
(31) The witness has also deposed that hole marked HB1 on the jacket marked Ex.C1 and area marked HB2 on the uniform shirt mark Ex.CB2 along with control sample were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected around the hole marked HB1 on the jacket marked C1 and on the area marked HB2 on the uniform shirt marked Ex.CB2. According to him, the swabs marked S1 to S10 along with control swabs marked CA1 to CA5 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked S1, S2, S5, S6, S7 and S8. He has testified that the holes marked HY1, HY2, HY3, HY4 on the jacket parked Ex.CY1, HY5, HY6 and HY7 on the sweat shirt marked Ex.CY2, HY8, HY9 and HY10 on the full sleeve shirt marked Ex.CY3 along with control samples were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis, no opinion could be given on the holes marked HY1 to HY10 due to insufficient data. He has St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 42 further deposed that the swabs marked SH1 to SH22, SH23A and SH23B taken from the holes marked H1 to H22, H23A, H23B; the swabs marked SD1 to SD3, taken from the dent marked D1 to D3 and control swabs marked C1 to C11 from Tata 407 bearing registration No. HR38 AS2616 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked SH5, SH7, SH8, SH9, SH10, SH11, SH12, SH13, SH14, SH15, SH16, SH18, SH19, SH20, SD2 and SD3. He has testified that the swabs marked SH25 taken from the hole marked H25, swabs marked SD5, SD6 taken from the dent marked D5 and D6 and control swab from marked C14 from the Tata 407 bearing registration no. DL 1LK 9515 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked SH25, SD5 and SD6. According to the witness, the swabs marked SH24 taken from the hole marked H24 and control swab marked C12 taken from the Maruti Gypsy bearing registration no. DL 1CJ 7412 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis led which is one of the main constituent of gun shot residue particles was detected on the swab marked SH24. He has testified that the swabs marked SD4 taken from the dent marked D4 and control swab marked C13 from the Maruti Gypsy bearing registration no. DL 1CM 4596 were analyzed for gunshot residue particles on atomic St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 43 absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked SD4. The witness has testified that the exhibits marked F1 to F10 were firearms, cartridges marked A1 to A15, cartridge cases marked EC1 to EC5, bullet marks EB2 to EB4, bullet remnants marked EBR5, EBR7 and EBR14 were ammunition as defined in Arms Act, 1959 and the exhibits were then resealed with seal of PP FSL DELHI. He has proved his detailed report in this regard which is Ex.PW41/A (running into ten pages). (32) The witness has correctly identified the case property i.e. one country made pistol along with fired cartridge case and and one test fired bullet examined by him as Ex.F1, A1 (TC1 and TB1) which are collectively Ex.P8; one country made gun having long barrel which was examined by him as Ex.F2, which is Ex.P9; one country made pistol which was marked by him as Ex.F3 which is Ex.P10; leather belt used for keeping the cartridges, eight live cartridges and three test fired cartridges as the same which were marked as Ex.A5 to A12 and Ex.A2, A3 and A4 (TC2 to TC4) by him, which are Ex.P11 collectively; one improvised pistol with three cartridges (one is alive and two are used) which were examined by him as Ex.F4, A13 and A14, which are Ex.P12 collectively; one plastic container containing right hand swab of Yakub which was marked as Ex.S1 by him which is Ex.P13; one plastic container containing left hand swab of accused Yakub marked by him as Ex.S2 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 44 which is Ex.P14; one plastic container containing control swab of accused Yakub which was marked as Ex.CA1 which is Ex.P15; one plastic container containing swab of right hand of accused Ankur which was marked by him as Ex.S3 which is Ex.P16; one plastic container containing swab taken from left hand of accused Ankur which was marked by him a Ex.S4, which is Ex.P17; one plastic container containing control swab of accused Ankur which was marked as Ex.CA2 by him, which is Ex.P18; one plastic container containing swab taken from right hand of accused Anwar which was marked by him as Ex.S5 which is Ex.P19; one plastic container containing swab taken from left hand of accused Anwar which was marked as Ex.S6 by him which is Ex.P20; one plastic container containing control swab of Anwar which was marked as Ex.CA3 by him which is Ex.P21; one plastic container containing swab taken from right hand wash of accused Sanwar which was marked as Ex.S7 by him which is Ex.P22; one plastic container containing swab taken from left hand of accused Sanwar which was marked as Ex.S8 by him which is Ex.P23 collectively; one plastic container containing control of accused Sanwar which was marked as Ex.CA4 by him, which is Ex.P24; one plastic container containing right hand wash of accused Khalid which was marked as Ex.S9 by him which is Ex.P25; one plastic container containing left hand wash of accused Khalid which was marked as Ex.S10 by him which is Ex.P26; one plastic St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 45 container containing control swab taken from accused Khalid which was marked as Ex.CA5 by him which is Ex.P27; one plastic container containing one cartridge case which was marked as Ex.EC1 which is Ex.P28; one plastic container containing one cartridge case which was marked as EC2 by him, which is Ex.P29; one plastic container containing one cartridge case which was marked as Ex.EC3 by him which is Ex.P30; one plastic container containing one metallic piece which was marked as EBR1 by him which is Ex.P31; one plastic container containing two cartridge cases which was marked as Ex.EC4 and EC5 by him which is Ex.P32; one plastic container containing two deformed bullets which was marked as EB2 and EB3 by him which is Ex.P33; one jacket Ex.CY1 with four holes marked HY1 to HY4; one sweat shirt with cap marked Ex.CY2 with three holes marked H5 to H7; one full sleeve shirt with brown stains marked as CY3 with three holes marked HY8 to HY10; one jeans pant marked as CY4; one pant marked CY5; one thermal lower marked CY6; one underwear marked CY7 and one pair of shoes marked CY8 which are collectively Ex.P34; one 9mm caliber pistol which was marked as Ex.F5 by him which is Ex.P35; one 9mm caliber pistol which was marked as Ex.F6 by him, which is Ex.P36; one pistol 9mm caliber which was marked as Ex.F7 by him which is Ex.P37; one INSAS rifle 5.56mm caliber which was marked as Ex.F8 by him, which is Ex.P38; one assault rifle (AK 47) 7.62mm caliber which was St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 46 marked as Ex.F9 by him which is Ex.P39; one pistol 9mm caliber which was marked as Ex.F10 by him which is Ex.P40; one deformed bullet marked as Ex.EB4 and ten metallic pieces marked as EBR5 to EBR14 which are collectively Ex.P41; swabs marked SH1 to SH22, SH23A, SH23B, SD1 to SD3 and control swab marked C1 to C11 which are collectively Ex.P42; swab SH25, S5, S6 and control swab C14 which are collectively Ex.P43; swabs marked SH24 and control swab marked C12 which are collectively Ex.P44; swabs marked SD4 and control swab marked C13 which are collectively Ex.P45; one jacket which was marked C1 with hole marked as HB1 and one uniform shirt which was marked as CB2 with area marked HB2 which are collectively Ex.P46. (33) In his crossexamination by the Ld. Defence Counsels the witness has denied the suggestion that he has not adopted the standard procedures and practices while examining the exhibits or that his observations and findings as mentioned in the report are not correct. He has also denied the suggestion that there is no typographical error while mentioning the number of vehicle as DL1L 1R9515 and has voluntarily explained that it was on account of typographical error that DL1L 1R has been typed instead of DL1L K. He has further denied the suggestion that the reports have been given by him on the instructions and directions of the senior police officers.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 47 (34) PW47 Sh. Parshuram Singh Assistant Director (Physics) has deposed that on 19.01.2013 he along with other team members visited the place of occurrence i.e. Road No. 44, near Jheel Wala Park in the area of Police Station Subhash Place for examination of scene. According to the witness the scene of crime was thoroughly examined and following observations were made:
1. That there were four vehicles, two jeep bearing registration No. DL1CM4596 and DL1CJ7412 and one Tata 407 having marking 'Police' bearing registration No. DL1LK9515 and other Tata 407 with some cattle bearing registration No. HR38AS2616 which were standing inside the cordoned area.
2. That a mark appeared to be made by tyre was observed in the scene and the nature of skid mark was in wavy form, which indicates that the tyre was not in proper condition during the formation of mark and pieces of tyre were also found scattered after the end of mark.
3. That back left tyre of Tata 407 bearing registration No. HR38 AS 2616 was found missing, however some portion of tyre was attached with rim, Back Right tyre was also found in puncture condition and both the front tyre were intact.
4. That cracks/ damage on right part of wind screen of Tata 407 bearing registration No. HR38AS2616 were observed.
5. That some mark in mud parallel to the edge of footpath was observed and the mark was having two parallel lines and the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 48 distance between two lines was found to be consistent with the width of the rim of back left tyre.
6. That blood like stains were lying inside the Tata 407 bearing registration No. HR38 AS2616 and one firearm was lying near the above Tata 407 and some dark brown stains were found on firearm.
7. That cracks on windscreen of Maruti Jeep bearing registration No. DL1CJ7412 were observed and one hole was also observed in this vehicle.
8. That above observation indicates that driver of Tata 407 bearing registration No. HR38AS2616 had tried to move the vehicle even after damage of back left tyre.
(35) The witness has proved his detailed report in this regard which is Ex.PW47/A. (36) In his cross examination by Ld. Defence counsels, witness has denied the suggestion that he did not reach the scene of crime at the first instance or that it was only after fabrication of the scene of crime that the report Ex.PW47/A was prepared by him on the asking of the senior officers. He has also denied the suggestion that the report Ex.PW47/A is not correct as per the site.
(37) PW48 Sh. D.S. Paliwal, Senior Scientific Officer (Biology/ DNA) has deposed that on 02.08.2013 eleven sealed parcels were received in DNA Unit from the Biology Division which were marked to St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 49 him for examination on 31.10.2013. According to the witness on biological examination of above said parcels Blood was detected on exhibits 2 (a piece of cotton wool swab having dark stains described as buffalo hair soaked in blood), Exhibit 4 (blood stained stones), exhibit 5 (blood in gauze), exhibit 7 (blood stained concrete stone), exhibit 8 (blood gauze of the deceased Yakub), exhibit 9 (blood gauze of the accused Anwar), exhibit 10 (blood gauze of accused Khalid), exhibit 11 (blood gauze of accused Sanwar), exhibit 12 ( blood gauze of accused Ankur), exhibit 13 (blood gauze of accused Tasleem) and exhibit 14 ( blood gauze of Asif). Witness has further deposed that on DNA Examination the source of exhibit 2 (buffalo hair soaked in blood), exhibit 4 (blood stained stones), exhibit 5 (blood in gauze), exhibit 7 (blood stained concrete stone), exhibit 8 (blood gauze of the deceased Yakub), exhibit 9 (blood gauze of the accused Anwar), exhibit 10 (blood gauze of accused Khalid), exhibit 11 (blood gauze of accused Sanwar), exhibit 12 (blood gauze of accused Ankur), exhibit 13 (blood gauze of accused Tasleem) and exhibit 14 (blood gauze of Asif) were subjected to DNA isolation. He has proved that DNA was isolated from the source of exhibit 4, 5, 8, 9, 10, 11, 12, 13 and 14, however, DNA could not be isolated from the source of exhibit 2 (buffalo hair soaked in blood) and exhibit 7 (blood stained concrete stone). According to the witness, DNA profile for the exhibit 4, 5, 8, 9, 10, 11, 12, 13 and 14 was prepared by using AmpFl STR identifiler PCR Amplification kit and AmpFl STR St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 50 Yfiler PCR Ampilification Kit. STR analysis was used for the sample and data was analyzed by using Gene Mapper IDX Software. He has proved that after examination he opined that alleles from the source of exhibit 8 (blood gauze of the deceased Yakub) are accounted in the alleles from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze). He has also deposed that the alleles from the source of exhibit 9 (blood gauze of Anwar), exhibit 10 (blood gauze of Khalid), exhibit 11 (blood gauze of Sanwar), exhibit 12 (blood gauze of Ankur), exhibit 13 (blood gauze of accused Tasleem) and exhibit 14 (blood gauze of Asif) are not accounted in the alleles from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze). He has proved having opined that the DNA profiling (STR analysis) performed on the exhibits provided is sufficient to conclude that the DNA profile from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze) in similar with DNA profile from the source of exhibit 8 (blood gauze of the deceased Yakub). He has also deposed that the DNA Profile from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze) are not similar with DNA profile from the source of exhibit 9 (blood gauze of Anwar), exhibit 10 (blood gauze of Khalid), exhibit 11 (blood gauze of Sanwar), exhibit 12 (blood gauze of Ankur), exhibit 13 (blood gauze of accused Tasleem) and exhibit 14( blood gauze of Asif). He has proved his detailed report in this regard which is Ex.PW48/A (running into four pages). According to the witness, he also gave the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 51 Genotype Analysis of the exhibits which report is Ex.PW48/B according to which DNA profile from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze) is similar with exhibit 8 (blood gauze of the deceased Yakub).
(38) In his cross examination by the Ld. Defence counsels, witness has denied the suggestion that he has not adopted standard procedure and practices while examining the exhibits or that he has given his reports Ex.PW48/A and Ex.PW48/B on the asking and tutoring of the senior officers only to create evidence against the accused. (39) PW49 Ms. Manisha Upadhyaya Senior Scientific Officer (Biology) has deposed that on 08.03.2013 fourteen sealed parcels duly sealed with the seal of OM, SMMAMC and Dr. BSHA CASUALTY 1.7.12, Govt. of Delhi were received in the office of FSL and same were marked to her for examination. According to the witness, after examining the exhibits she gave her biological report which is Ex.PW49/A according to which Blood was detected on exhibits 1 (blood sample in gauze), exhibit 2 (buffalo hair soaked in blood), exhibit 4 (one dirty brownish blackish stones), exhibit 5 (blood in gauze), exhibit 7 (a dirty brownish concrete piece of stone), exhibit 8 (blood gauze), exhibit 9 (blood gauze), exhibit 10 (blood gauze), exhibit 11 (blood gauze), exhibit 12 (blood gauze), exhibit 13 (blood gauze) and exhibit 14 (blood gauze). However, blood could not be detected on exhibit 3 (buffalo hair as control) and exhibit 6 (earth control). She has also deposed that she also St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 52 examined the exhibits serological and gave her serological examination report which is Ex.PW49/B according to which blood group of 'A' was detected on exhibit 14 (gauze cloth piece). She has testified that after examination the exhibits were resealed with the seal of FSL MU DELHI. (40) In her cross examination by Ld. Defence counsels, witness has denied the suggestion that she has not adopted standard procedure and practices while examining the exhibits or that she has given her reports Ex.PW49/A and Ex.PW49/B on the asking and tutoring of the senior officers only to create evidence against the accused. Police/ Official Witnesses:
(41) PW1 Inspector Ashok Sharma is a formal witness who has been examined by way of affidavit which is Ex.PW1/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that on the intervening night of 1819.1.2013 while posted as SHO Police Station he was doing vehicle checking near Peera Garhi along with Inspector Satya Prakash, SI Mukesh Antil and other staff of Police Station Mangol Puri.
He has proved that at about 2:00 AM a wireless message was flashed that some criminals have lifted the cows from the Dividing Road of Sector 1617, Rohini and had also fired and police staff was chasing the vehicle which was speeding towards Deepali Chowk. According to the witness, he immediately directed SI Mukesh Antil with staff in Government Tata Tempo to rush towards Deepali Chowk and after some time on receipt of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 53 the message that tempo of criminals had turned towards Haryana Maitri Bhawan Inspector Satya Prakash along with staff in ERV vehicles rushed towards the said direction. The witness has further stated that within minutes he along with Ct. Hem Raj and Driver Ct. Dharambir also reached at Haryana Maitri Bhawan via Deepali Chowk in Gypsy where near picket one damaged barricade was found lying on the road. He has also stated that in the mean time message was flashed on wireless set that Tata 407 of criminals was intercepted on Road No. 44, Lok Vihar, Jheel Wala Park pursuant to which he reached the spot where one cream coloured Tata 407 bearing registration No. HR38AS2616 was found stationed after hitting the footpath and Government Tata 407 belonging to SI Mukesh Antil and staff was also found parked behind it. According to the witness, four criminals namely Anwar, Sanwar, Khalid and Ankur were found apprehended by the police staff and the cream coloured Tata 407 was loaded with three cows, one calf and one buffalo. He has explained that one injured criminal was found lying in the left rear side of the offending tempo who was shifted to hospital through PCR Van and all found injured accused persons were also sent to the Hospital. He has also stated that one long barrel katta was found lying in front of offending Tata 407 and one pistol was found lying in the dash board of the offending tempo and one more katta was found lying in the open body of the said tempo with belt containing cartridges. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 54 (42) In his cross examination by the Ld. Defence counsels witness has admitted that when he reached the spot, the accused persons had already been apprehended and none of the proceedings relating to their apprehension took place in his presence. According to the witness the Crime Team had come to the spot after he reached there. He has also deposed that the Crime Team had taken the photographs of inside portion of the vehicle in his presence. Witness has denied the suggestion that the scene of crime had been fabricated before the Crime Team was called to take the photographs of the same. Witness has denied the suggestion that entire incident has been fabricated only to justify the detention of the accused who were illegally detained by the police. (43) PW2 Inspector Satya Prakash has been examined by way of affidavit which is Ex.PW2/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that on the intervening night of 1819.1.2013 while posted as Inspector Investigations at Police Station Mangol Puri he was doing vehicle checking near Peera Garhi along with SHO, SI Mukesh Antil and other staff of Police Station Mangol Puri. He has proved that at about 2:00 AM a wireless message was flashed that some criminals have lifted cows from the Dividing Road of Sector 1617, Rohini and had also fired and police staff was chasing the vehicle which was running towards Deepali Chowk. According to the witness, immediately thereafter SI Mukesh Antil with staff in Government Tata Tempo rushed towards Deepali Chowk and after some time knowing the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 55 movement of the criminals at Deepali Chowk, he along with Ct. Ravinder and Ct. Gaurav rushed towards Deepali Chowk in ERV Gypsy. The witness has further stated that in the meantime position of criminals was flashed at Haryana Maitri Bhawan and hence they turned from Deepali Chowk towards Haryana Maitri Bhawan and on the way one damaged police barricade was found lying on the road near police picket, Haryana Maitri Bhawan. He has also stated that knowing the position of criminals at about 2:35 AM, he reached near Jheel Wala Park, Road No. 44, Lok Vihar where one cream coloured Tata 407 bearing registration No. HR38AS2616 was found stationed after hitting the footpath and many police vehicles including the Government Tata 407 belonging to SI Mukesh Antil and staff were also found present at the spot. According to the witness, the cream coloured Tata 407 was loaded with three cows, one calf and one buffalo and four criminals namely Anwar, Sanwar, Khalid and Ankur were found apprehended by the police staff. He has explained that one injured criminal was found lying in the left rear side of the offending tempo whose name was disclosed by his associates as Yakub. He has also stated that Ct. Gaurav with the help of other constable rushed injured accused Sanwar to Bhagwan Mahavir Hospital and Ct. Ravinder with the help of another Constable shifted Yakub out to the tempo and then taken him to the hospital. He has further stated that senior officers were also present at the spot and he came to know that illegal arms and ammunition was also recovered from the criminals. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 56 (44) In his cross examination by the Ld. Defence counsels, witness has admitted that none of the accused was apprehended in his presence nor anything was recovered from their possession in his presence and has voluntarily added that when he reached the spot, the accused had already been apprehended. He has also deposed that he came to know about the details of the incident as narrated by him in his affidavit from the other police officials present at the spot. Witness has admitted that the actual incident did not take place in his presence and has voluntarily added that only Yakub and other persons who had been apprehended were sent to the hospital in his presence. According to the witness when he reached the spot, he did not find any public persons and has voluntarily explained that only police officials and accused were present. He has admitted that none of the documents bears his signatures. Witness has denied the suggestion that he never gone to the spot as deposed by him as aforesaid. (45) PW3 Inspector Mahesh Kumar is also a formal witness being the Draftsman who has been examined by way of affidavit which is Ex.PW3/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having visited the place of incident i.e. Road No.44, Jheel Wala Park and later on prepared the scaled site plan which is Ex.PW3/A. (46) In his cross examination by Ld. Defence counsels witness has deposed that he had only prepared the rough notes at the spot on the basis of which he prepared the actual scaled site plan. Witness has admitted that the said notes had not been handed over to the Investigating Officer St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 57 and has voluntarily added that they were destroyed. Witness has denied the suggestion that the scaled site plan prepared by him is not correct as per the spot.
(47) PW4 SI Naresh Pal is a formal witness being the Crime Team Incharge of NorthWest District who has been examined by way of affidavit which is Ex.PW4/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having visited the scene of crime and having prepared the Crime Team Report which is Ex.PW4/A and the Finger Print Report which is Ex.PW4/B. (48) In his cross examination by Ld. Defence counsels, witness has deposed that he reached the spot of the incident at around 4 AM and when he reached the spot, there were large number of police officials were present but he cannot tell their numbers. Witness has further deposed that about sixseven public persons were also present there at that time. According to the witness, he had only got photographed the scene of crime but not the persons who were standing in the area around the scene of crime. He has denied the suggestion that the scene of crime had been manipulated and fabricated only after which he prepared his inspection report and got the same photographed. (49) PW5 SI Anil Kumar is also a formal witness being the Crime Team Incharge of Outer District who has been examined by way of affidavit which is Ex.PW5/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved the Crime Team Report which is St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 58 Ex.PW5/A (running into two pages).
(50) In his cross examination by Ld. Defence counsels, witness has deposed that he reached the spot of the incident at around 3:00 AM along with his three other crime team members including the photographer and finger print proficient and he remained at the spot till about 6 AM. Witness has admitted that when they reached the spot, public persons were present. Witness has denied the suggestion that the scene of crime had been manipulated and fabricated by the Investigating Officer only after which he prepared his report. According to the witness he had not taken any photographs and has voluntarily added that the same were taken by photographer of crime team and hence he cannot tell whether any photographs of public persons were also taken. (51) PW6 SI Gaurav Bharadwaj is also a formal witness who has been examined by way of affidavit which is Ex.PW6/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that on 1819.1.2013 at 2:45 AM PCR call from Mobile No. 8585919337 was received at Police Station Rani Bagh to the effect that from Deepali Chowk to Rani Bagh police staff was being fired at. He has proved the DD No.4A to this effect which is Ex.PW6/A and has stated that on receipt of the call he reached the said spot but he came to know that one Tata 407 vehicle loaded with animals was being chased by many police officials on which he went in front of Jheel Wala Park and came to know that some Mewatis were hurt in cross firing with police. He has proved St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 59 that he accordingly filed DD entry No. 4A vide DD No. 57B which is Ex.PW6/B. (52) In his cross examination by Ld. Defence counsels witness has deposed that at the time when he received the present call, he was already attending to another call in another case. According to the witness, he received the present call at about 2:45 AM and reached the scene of crime after about 15 minutes and when he reached the spot, the traffic on the road had been obstructed partly and large number of crowd had gathered. Witness has further deposed that he is not aware if any public persons had joined in the investigations by the senior officers of the other Police Station who had already reached the spot. According to the witness the police staff present at the spot were discussing that some mewaties who had been hurt in the firing. Witness has admitted that he has not carried out any investigations in the present case and apart from reaching the spot on receiving the call, he did nothing else. (53) PW7 ASI Sajid Hassan is also a formal witness being the Finger Print Expert/ Proficient, Moible Crime Team (NorthWest) who has been examined by way of affidavit which is Ex.PW7/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that he visited the scene of crime where he inspected the Tata 407 bearing No. HR38 AS2616 and lifted ten chance prints from its body. He has further stated that one long barrel country made pistol lying on the road, one pistol lying in the dash board and one country made pistol lying in the open St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 60 body of the Tata 407 were also inspected but no chance prints could be detected due to uneven surface.
(54) In his cross examination by Ld. Defence counsels, witness has deposed that he was able to lift about ten finger prints from the driver side, side body driver window glass and no finger prints could be detected on country made weapon and has voluntarily added that the surface of the weapon was uneven due to which reason, despite efforts the finger print could not be lifted. Witness has denied the suggestion that no finger print from the weapon could not be lifted as the weapon had been planted and has voluntarily added that it could not be lifted due to the aforesaid technical reason.
(55) PW8 ASI Rajender Singh is also a formal witness being the Duty Officer who has been examined by way of affidavit which is Ex.PW8/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved the DD No.4A which is Ex.PW6/A. This witness was not cross examined by Ld. Defence counsels, despite an opportunity granted in this regard.
(56) PW9 HC Birender Singh is a formal witness who has been examined by way of affidavit which is Ex.PW9/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that during investigations of this case on 21.1.2013 he along with SI Ramesh Kumar, HC Lalit Kumar and Ct. Salimuddin went to Village Nahal, Ghaziabad and at about 2:30 PM a secret informer informed SI Ramesh Sharma that the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 61 accused Tasleem wanted in this case was admitted in Jagdamba Hospital, Hapur Road, Meerut since 19.1.2013 since he had sustained injury in his leg. According to the witness, SI Ramesh telephonically informed ACP M.C. Katoch about the facts who directed to take action and further informed him that Mr. Jagtender would meet them at Meerut Tax Post for identification of accused. He has further stated that SI Ramesh Sharma took them to Meerut Tax Post in his private car where they met Sh. Jagtender who accompanied them to Jagdamba Hospital, Hapur Road, Meerut. According to him, while SI Ramesh Kumar was parking his car outside the hospital one man came out of the hospital who had plaster in his right leg with the help of two persons and Sh. Jagtender identified the injured as the accused who jumped out of the right side of Tata Tempo at the time of incident and fled away while being fired upon at his feet by ACP to stop him. He has also stated that the said person disclosed his name as Mohd. Tasleem after which he was arrested vide memo Ex.PW9/A and his personal search memo was prepared which is Ex.PW9/B. (57) In his cross examination by Ld. Defence counsels witness has deposed that they reached at village Nahal at Ghaziabad at about 10:30 AM on 20.01.2013 in a private car whose number he does not remember but it was i10. According to the witness, the car belongs to SI Ramesh Kumar who was driving the said car. He does not remember whether the Investigating Officer made DD entry of departure from Police Station and St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 62 states that when they reached at local Police Station they did not made any entry. Witness has denied the suggestion that they did not made any DD entry because they did not reach any local Police Station. He also does not remember the name of the SHO or other police official of local Police Station. Witness has denied the suggestion that they never reached any local Police Station and it is for this reason that he does not recollect the name of any police official of local Police Station. Witness has further deposed that no local police official was taken along with them to village Nahal. According to him, the Investigating Officer made inquiries from eight to ten persons from village Nahal but did not record statement of any of them. Witness has denied the suggestion that Investigating Officer did not make inquiries from even a single person and that is why there is no statement of public persons at village Nahal. (58) Witness has further deposed that they reached at Jagdamba Hospital at about 4:45 PM and did not meet any police official who was on duty at Jagdamba hospital. Witness has denied the suggestion that they never reach Jagdamba hospital and it is for this reason that they did not meet any police official at Jagdama hospital. Witness has further denied the suggestion that accused Tasleem was lifted from his house and was not arrested from Jagdama hospital. He has also denied the suggestion that Tasleem was injured by them after lifting him from his house to falsely implicate him in the present case or that Jagtender is a planted witness and had never accompanied them and never identified the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 63 accused. Witness has admitted that he has not stated in his statement U/s 161 Cr. P.C. and in his chief examination that Investigating Officer inquired from the hospital or not. Witness has denied the suggestion that no public witness was made from the hospital whereas there are lot of public witnesses available there. He has admitted that no staff person of the hospital were made witness. Witness has denied the suggestion that they never went to the hospital and that is why no staff person was made witness by the Investigating Officer in the present case. Witness has denied the suggestion that the signatures of witness Jagtender Singh were obtained by the Investigating Officer while sitting in Police Station on the arrest memo, body inspection memo and personal search memo for the purpose to plant the said witness in the present case as a eye witness. He has further denied the suggestion that he never went to village Nahal with the Investigating Officer or that his signatures were obtained on all the memos including arrest memo by the Investigating Officer while sitting in the Police Station. According to the witness he was not aware if Investigating Officer gave any information to the local Police Station after the arrest of the accused Tasleem. He has denied the suggestion that the accused Tasleem was illegally lifted from his house and detained and falsely implicated in the present case. He has also denied the suggestion that the accused was lifted from the house due to which reason the signatures of his relatives are present on various documents and has voluntarily explained that all the documentations was done in the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 64 Jagdama Hospital, Meerut where he was present along with his relatives and it is for this reason that the signatures are present on the documents. (59) PW10 HC Lalit Kumar has been examined by way of affidavit which is Ex.PW10/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has corroborated the testimony of PW9 HC Birender Singh in toto and has proved the arrest memo of Mohd. Tasleem which is Ex.PW9/A and his personal search memo which is Ex.PW9/B. (60) He has been crossexamined by the Ld. Defence counsels on the similar lines as that of PW9 HC Birender Singh and there are no material contradictions.
(61) PW11 HC Ganesh is a formal witness being the Photographer who has been examined by way of affidavit which is Ex.PW11/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved the photographs of the postmortem of Yakub which are Ex.PW11/A1 to Ex.PW11/A58 and negatives of the said photographs which are collectively Ex.PW11/B. This witness was not cross examined by Ld. Defence Counsels despite an opportunity being granted in this regard.
(62) PW12 HC Jai Bhagwan is a formal witness being the PCR Van Incharge who has been examined by way of affidavit which is Ex.PW12/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that on the intervening night of 1819.1.2013 he was deputed as St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 65 Incharge PCR Van Commander 27 and Gun Man Ct. Sanjeev and Driver Ct. Rajesh were with him. He has also stated that at about 2:25 AM when they were positioned at flyover, near Britania Chowk where Commander 31 flashed a message to stop the tempo of cattle thieves coming towards Britania Chowk on which he proceeded towards Britania Chowk. The witness has further stated that after some time he again received a message that offending tempo has been intercepted at Harsh Vihar on which he reached at Road No. 44, Harsh Vihar and noticed one cream coloured tempo No. HR38AS2616 was found parked after hitting the footpath and many other police vehicles were also found present at the spot. He has also stated that out of the apprehended criminals one criminal namely Khalid was taken and admitted in Bhagwan Mahavir Hospital in Commander 27. He has proved the copies of the log books which are Ex.PW12/A and Ex.PW12/B. This witness was not cross examined by Ld. Defence Counsels, despite an opportunity being granted in this regard.
(63) PW13 HC Jugender is a formal witness being the MHCM of Police Station Alipur who has been examined by way of affidavit which is Ex.PW13/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that as per the record of Arms Register pistol No. 636, body No. T 366496 with ten live cartridges was issued to Ct. Ravinder permanently on 03.01.2012 vide entry Ex.PW13/A. He has further proved that on 16.1.2013 one round was fired by Ct. Ankit vide DD No. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 66 13A, Police Station Alipur who deposited one spent cartridge in the Malkhana vide entry Ex.PW13/B and on 20.1.2013 Ct. Ankit deposited the pistol with three live cartridges in the Malkhana vide entry copy of which is Ex.PW13/C (running into two pages). He has further proved that on 2.2.2013 the 9 mm pistol was taken into possession by making a pullanda duly sealed with the seal of SKH and the memo in this regard is Ex.PW13/D. Witness has further clarified that the pistol No. 636, body No. T 366496 which was issued to Ct. Ravinder permanently on 03.01.2012 was deposited by him in the malkhana on 20.01.2013 as mentioned in Ex.PW13/C encircled at point A. (64) In his cross examination by Ld. Defence counsels, the witness has denied the suggestion that the record regarding the entries have been fabricated at the instance of the senior officers. (65) PW14 HC Hari Pal is also a formal witness being the MHCM of Police Station Mangol Puri who has been examined by way of affidavit which is Ex.PW14/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that as per the record of Arms Register on 18.1.2013 one 9 mm pistol No. 18254888 with ten live cartridges were issued to SI Mukesh Antil; one 9 mm pistol No. 18254884 with five live cartridges were issued to HC Jai Pal and one Insas Rifle, Butt No. 3407 with five live cartridges were issued to Ct. Jitender. He has proved the entry dated 18.1.2013 in this regard copy of which is Ex.PW14/A. The St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 67 witness has further proved that on 19.1.2013 SI Mukesh deposited the pistol with seven live cartridges; HC Jai Pal deposited the pistol with two live cartridges and Ct. Jitender deposited the Insas Rifle without any cartridges in the Malkhana and the arms entry dated 19.01.2013 is Ex.PW14/A. He has further proved that on 5.2.2013 he had handed over the above weapons to the Investigating Officer who seized all the said weapons vide memo Ex.PW14/B. (66) In his cross examination by Ld. Defence counsels, witness has denied the suggestion that the above entries have been fabricated at the instance of the senior officers or that the seizure memo had been prepared later on and he have signed the same on the asking of the senior officers.
(67) PW15 HC Phool Kanwar is also a formal witness being the MHCM of Police Station Sultan Puri who has been examined by way of affidavit which is Ex.PW15/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that as per the record of the Arms Register dated 18.1.2013 one AK47 Rifle No. KT437797 with twenty live cartridges was issued to Ct. Deshraj and on 19.1.2013 Ct. Deshraj deposited the said rifle along with eight live cartridges and the entry in this regard is Ex.PW15/A. He has also proved that as per the record of District Kot, Outer District dated 29.9.2012 one 9 mm Glock Pistol with ten live cartridges was issued to ACP Sultan Puri Sh. Jasmeet Singh and the entry in this regard is Ex.PW15/B. He has also stated that on St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 68 19.1.2013 the above mentioned Glock Pistol was deposited in the Malkhana of Police Station Sultan Puri. He has proved that on 5.2.2013 the Investigating Officer seized both the above weapons vide seizure memo Ex.PW15/C. (68) In his cross examination by Ld. Defence counsel, witness has denied the suggestion that the above entries have been fabricated at the instance of the senior officers or that the seizure memo has been prepared later on and he have signed the same on the asking of the senior officers. (69) PW16 HC Munni Lal is a formal witness who has been examined by way of affidavit which is Ex.PW16/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that on 19.1.2013, on the instructions of Inspector Om Dutt Vats Government Vehicle No. DL1LK9515; Gypsy No. DL1CJ7412 and Gypsy No. DL1CM4596 and the offending vehicle i.e. Tata 407 No. HR38AS2616 were taken to FSL vide RC No. 10/21/13 copy of which is Ex.PW16/A. He has proved that the above vehicles were deposited in FSL Rohini and receipt issued by FSL which is Ex.PW16/B. This witness was not cross examined by Ld. Defence Counsel, despite an opportunity being granted in this regard. (70) PW17 HC Raj Kumar is also a formal witness being the MHCM of Police Station Subhash Place who has been examined by way of affidavit which is Ex.PW17/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved the entry in register no. 19 vide S.No. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 69 2875 copy of which is Ex.PW17/A (running into 21 pages); entry at S. No. 2876 copy of which is Ex.PW17/B; entry at S. No. 2879 copy of which is Ex.PW17/C; entry at S. No. 2880 copy of which is Ex.PW17/D; entry at S. No. 2938 copy of which is Ex.PW17/E; copy of S. No. 2956 copy of which is Ex.PW17/F; entry at S.No. 2971 copy of which is Ex.PW17/G (running into two pages); entry at S.No. 3073 copy of which is Ex.PW17/H; entry at S. No. 3111 copy of which is Ex.PW17/I (running into three pages); entry in register no. 21 Vide RC No. 39/21/13 copy of which is Ex.PW17/J (running into two pages) and receipt issued by FSL which is Ex.PW17/K; RC No. 40/21/13 copy of which is Ex.PW17/L and the receipt issued by FSL is Ex.PW17/M. (71) In his cross examination by Ld. Defence Counsels the witness has denied the suggestion that the above entires have been fabricated ante datedly on the directions of the senior officers. (72) PW18 HC Rohtash is a formal witness being the Duty Officer of Police Station Subhash Place who has been examined by way of affidavit which is Ex.PW18/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved the DD No. 6B which is Ex.PW18/A; copy of FIR No.32/13 which is Ex.PW18/B and his endorsement on the rukka Ex.PW18/C. (73) In his cross examination by the Ld. Defence counsels, the witness has denied the suggestion that various entires have been ante St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 70 dated and ante timed by him at a later stage on the instructions of the senior officers. Witness has denied the suggestion that the FIR has been anti timed and fabricated on the directions of the senior officers. (74) PW19 HC Mukesh Tyagi is also a formal witness who has been examined by way of affidavit which is Ex.PW19/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has stated that on 22.1.2013 he along with the Investigating Officer went to the Mortuary of BSA Hospital from where the dead body of Yakub was got shifted to Mortuary of MAMC (Maulana Azad Medical College) in an Ambulance and was handed over to the Board constituted to conduct the postmortem. He has stated that the dead body of Yakub was identified by his father Hanif and brother Aslam after which the Medical Board conducted the postmortem which proceedings were videographed by Ct. Sanjay and photographed by HC Ganesh. According to the witness, thereafter the dead body of Yakub was handed over to his family members and four pullandas along with sample seal was handed over to the Investigating Officer which were taken into possession vide memo Ex.PW19/A. He has also stated that after Postmortem Ct. Sanjay handed over two video cassettes to Investigating Officer which were taken into possession vide memo Ex.PW19/B. According to the witness on 23.01.2013 the blood samples of accused Anwar, Sanwar, Khalid, Ankur Kumar and Tasleem were obtained at BSA hospital in sealed condition and same were seized by the Investigating Officer vide seizure memo Ex.PW19/C. Witness has St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 71 further deposed that on 22.02.2013 the blood sample of accused Asif was obtained at BSA hospital in sealed condition and same was seized by the Investigating Officer vide memo Ex.PW19/D. This witness was not cross examined by Ld. Defence Counsel, despite an opportunity being granted in this regard.
(75) PW20 HC Kuldeep is a formal witness who has been examined by way of affidavit which is Ex.PW20/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that on the intervening night of 1819.1.2013 he was deputed as Incharge of PCR Van Commander 32 along with Ct. Rajpal as Driver. He has further deposed that at about 2:25 AM they were positioned at Mahendra Park, Red Light when Commander 31 flashed a message on wireless that one Tata 407 had hit a barricade at Haryana Maitri Bhawan and speeding towards Britania Chowk and the occupants of the tempo was firing on the chasing police vehicles. According to the witness on receipt of the message he immediately got alerted and with the help of one truck, the road leading towards Britania Chowk after red light was blocked. He has further stated that in the mean time one cream coloured Tata 407 tempo having Haryana Registration number was coming from Haryana Maitri Bhawan side turned towards Road No.4 due to the blocked by him and many police vehicles were seen chasing the Tata 407 tempo by blowing sirens. He has also stated that he started chasing the Tata Tempo and after reaching near Jheel Wala Park the Tata 407 hit footpath and stopped due St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 72 to removal of tyre from the wheel base. He has further stated that some occupants of the tempo jumped out and tried to flee but some of them were caught by chasing police staff. According to the witness, in the offending Tata 407 bearing registration No. HR38AS2616 whose occupants were firing and pelting stones on chasing the police vehicles, one occupant was found lying in the tempo in injured condition. (76) In his cross examination by Ld. Defence counsels, witness has deposed that he reached the spot i.e. at Jheel at about 2:40 AM (midnight) and about fourfive vehicles were chasing the above TATA 407. According to the witness about seveneight persons had jumped from the said tempo and he had personally chased the occupants who were running away. Witness has further deposed that he had caught hold of one person after a chase of about 200 meters whose name they came to know later on was Ankur. According to the witness Ankur did not resist when he apprehended him and he had conducted his casual search but no firearm/ weapon was found on him. Witness has admitted that his signatures are not present on any of the documents including the arrest memo of accused Ankur. He has also deposed that not many public persons gathered there and has voluntarily added that fourfive public persons were watching the proceedings but from distance. He is unable to tell the number of the truck or the name of the driver whose help they had taken to block the road. Witness has denied the suggestion that there was no such incident or that Ankur had been lifted from his house and falsely St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 73 implicated in the present case.
(77) PW21 HC Sangeet is a formal witness being the PCR official at PHQ who has been examined way of affidavit which is Ex.PW21/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that on the intervening night of 1819.1.2013 at about 2:37 AM a call was received from Mobile No. 8585919337 to the effect that from Deepali Chowk to Rani Bagh, near Pitampura police personals were being fired at. He has proved having filledup the PCR Form which is Ex.PW21/A. This witness was not cross examined by Ld. Defence Counsels, despite an opportunity being granted in this regard.
(78) PW22 Ct. Amin Khan is a formal witness who has been examined by way of affidavit which is Ex.PW22/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has stated that on 1819.1.2013 at about 2:55 AM on receipt of information vide Dd No.6B he along with SI Lalit reached the spot where senior officers were already present and one Tata 407 bearing No. HR38AS2616 was found stationed near Jheel Wala Park, Road No. 44 which was having bullet marks and loaded with three cows, one calf and one buffalo out of which one cow was injured and the buffalo had blood stains over her body. According to him, on right front side near the tempo, one long barrel desi katta was lying on the road and the police vehicle Tata 407 bearing No. DL1LK9515, one Gypsy No. DL1CJ7412 was found parked and were having bullet marks. He has further stated that inside the Gypsy four empty shells, two St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 74 misfired cartridges of 9 mm and one bullet lead was found lying and one more police Gypsy bearing No. DL1CM4596 was also parked there whose wind screen was damaged. He has also stated that one country made pistol was found lying in the dash board of tempo belonging to the accused persons, two empty shells were lying in the cabin; one katta and one leather belt containing 11 cartridges were lying on the floor in the body of the Tempo. He has proved that rukka was prepared on the statement of SI Mukesh Antil and thereafter he took the rukka to the Police Station Subhash Place and got the FIR registered. According to the witness, the FSL team visited the spot after which Inspector Om Dutt Vats along with staff went to Bhagwan Mahavir Hospital where all the four accused persons were arrested.
(79) In his cross examination by Ld. Defence counsels, the witness has admitted that he did not see any assailant at the spot and has voluntarily explained that he came to know that they had already been removed from the spot by the time they reached there. Witness has admitted that his signatures are not present on any of the documents prepared at the spot including the seizure memo of various documents. He has denied the suggestion that he did not accompany SI Lalit at the spot and that is why his signatures are not present on any of the seizure memo. According to the witness all the exhibits were lifted prior to the registration of the FIR. He has also deposed that the statement of Mukesh Antil was recorded after 3:00 AM and has explained that it St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 75 hardly took about fourfive minutes for the Investigating Officer to record the statement of Mukesh Antil which was recorded in his presence. According to the witness he was handed over the rukka at about 7:00 AM in the morning and he returned to the spot after registration of the FIR at about 8:00 AM. Witness has further deposed that the FSL Team had visited the spot before registration of the FIR. According to the witness Inspector Omdutt Vats had left the spot after the Crime Team had left but he does not recollect the time. He is unable to tell if SI Lalit had signed some documents and even after he returned to the spot along with original rukka and copy of the FIR SI Lalit Kumar remained present there. Witness has further deposed that in his presence the vehicles in question were seized by the police and two TATA 407 were seized in his presence. According to the witness out of the two TATA 407, one vehicle was towed and the other was driven to FSL Rohini but he cannot say who drove the same. The witness is unable to tell the time when the above vehicles were sent to FSL, Rohini. Witness has admitted that he did not accompany the vehicles to the FSL Rohini. He has denied the suggestion that the Investigating Officer did not record the statements in his presence. He is also unable to tell the time when the statements were recorded and whether it was after one hour or two hours of his reaching back to the spot and has voluntarily explained that the statement of SI Mukesh Antil was recorded first before he left but other statements were recorded after he came back from the Police Station. Witness has further St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 76 deposed that the statement of ACP Rajeev Ranjan was not recorded in his presence and has voluntarily added that he came to know through the Investigating Officer that it was recorded but it was not recorded in his presence. According to the witness when he came back after registration of the FIR, he came to know that the statements of various witnesses i.e. ACP Rajeev Ranjan, ACP Jasmeet Singh and Jagtender Singh had been recorded. On a specific Court Question the witness has explained that it was almost after one hour of his reaching to the spot that he came to know that the statements had been recorded. He has also stated that he came to know regarding the arrests, interrogation and disclosure of accused persons after about twothree hours of his return to the spot pursuant to registration of the FIR. Witness has admitted that the disclosure statements of accused persons were not recorded in his presence.
(80) PW23 Ct. Sanjay is a formal witness being the Videographer of Crime Branch who has been examined by way of affidavit which is Ex.PW23/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having videographed the postmortem proceedings of Yakub and has also proved the seizure memo of the video cassettes which is Ex.PW19/B. This witness has not been cross examined by Ld. Defence counsel, despite an opportunity being granted in this regard. (81) PW24 Ct. Sher Singh is also a formal witness who has been examined by way of affidavit which is Ex.PW24/1 (as per the provisions St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 77 of Section 296 Cr.P.C.) wherein he has proved that on 19.1.2013 he got the dead body of deceased Yakub preserved in the mortuary of BSA Hospital for 72 hours. He has also stated that on 22.1.2013 Inspector Sushil Kumar received the dead body of Yakub from the Mortuary of BSA Hospital. This witness was not cross examined by Ld. Defence counsel, despite an opportunity being granted in this regard. (82) PW25 Ct. Subhash is a formal witness being the Photographer, Mobile Crime Team NorthWest District who has been examined by way of affidavit which is Ex.PW25/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having visited the scene of crime and having taken the photographs of the same which are Ex.PW25/A1 to Ex.PW25/A46 and CD of the same which is Ex.PW25/B. (83) In his cross examination by Ld. Defence counsels witness has denied the suggestion that the scene of crime had been manipulated and he only took the photographs thereafter on the instructions of the senior officers.
(84) PW26 Ct. Hans Raj is also a formal witness being the Crime Team Photographer of Outer District who has been examined by way of affidavit which is Ex.PW26/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having visited the scene of crime and having taken the photographs of the same which are Ex.PW26/A1 to St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 78 Ex.PW25/A46, CD of which is Ex.PW26/B. (85) In his cross examination by Ld. Defence counsels witness has denied the suggestion that the scene of crime had been manipulated and he only took the photographs thereafter on the instructions of the senior officers. Witness has denied the suggestion that the CD placed by him on record is not the true and authentic copy.
(86) PW33 Sh. M.A. Rizvi, the then Addl. DCP Outer District has deposed that on 15.04.2013 he was posted as Addl. DCP Outer District, Delhi and on that day he perused the case file of the present case i.e. case FIR No. 32/13 U/s 186/353/412/332/307/120B/34 IPC and 25/27 Arms Act, Section 3 of PDPP Act and Section 5 of Delhi Agriculture Cattle Preservation Act, Police Station Subhash Place along with all the relevant documents. According to the witness, thereafter it was found that there is sufficient evidence to prove that accused Anwar, S/o Tasawar, accused Sanwar, S/o Ibrahim, accused Khalid, S/o Sagird, accused Tasleem, S/o Moorsalin, accused Ankur, S/o Satpal, accused Hasrat, S/o Yusuf and accused Asif S/o Yunus have voluntarily obstructed the police officials (1) Sh. Rajiv Ranjan, ACP Alipur, (2) Sh. Jasmeet Singh, ACP Sultanpuri, (3) SI Mukesh Antil, (4) SI Kamaljeet Singh, (5) HC Jaipal Singh, (6) HC (driver) Chella Ram, (7) Ct. Balkar Singh, (8) Ct. Ankit, (9) Ct. Rakesh, (10) Ct. Desh Raj, (11) Ct. Jitender, (12) Ct. Umesh, (13) Ct. Vijay Pal and (14) Ct. Satender in discharge of their official duty, used criminal force against the above said police personal to deter them from St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 79 the discharge of their official duties and fired on the police personal by using illegal arm in furtherance of their common intention to attempt to commit their murder. He has proved that thereafter he made a complaint under Section 195 Cr.P.C. against the above said accused being the Administratively Superior of the above said police officials which complaint is Ex.PW33/A. Witness has further deposed that the list of witness was also filed with the complaint and thereafter the complaint was filed in the court of Sh. Sanjay Jindal Ld. CMM. (87) In his cross examination by Ld. Defence counsels, witness has deposed that he had studied the file about four to five days prior to 15.04.2013 when the complaint was given. According to the witness as far as he remember Ct. Balkar was injured in this incident. Witness has further deposed that he might have seen the MLC of Ct. Balkar. He is not aware of the date on which this complaint U/s 195 Cr.P.C. was placed before the Ld. CMM NW. Witness has further deposed that the complaint Ex.PW33/A was handed over by him to the Investigating Officer on the date mentioned on the complaint. Witness has denied the suggestion that he has filed the complaint U/s 195 Cr. P.C. in a routine and a mechanical manner without any application of mind and without complying with the procedures provided under the Code of Criminal Procedures. Witness has denied the suggestion that the above complaint was never placed before the competent MM.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 80 (88) PW34 Sh. Jasmeet Singh, the then ACP Sultan Puri has deposed that on the intervening night of 15/16.01.2013 in the area of Police Station Shahbad Dairy a dangerous cattle lifting robber/ dacoit gang had committed an offence on which a case was registered. According to the witness in this context intensive patrolling was being done on the orders of senior officers throughout the area of Outer District. Witness has further deposed that on the intervening night of 18/19.01.2013 he was District Night GO and started patrolling at about 12.00 Midnight, along with his staff i.e. driver HC Chela Ram, Operator Ct. Rakesh having Glock Pistol with ten rounds sitting besides the driver, Ct. Desh Raj with AK47 with twenty rounds and Civil Defence Volunteer Jagtender Singh sitting at the rear seat in his official Qualis Vehicle whereas he himself was sitting in the middle seat. According to the witness other teams headed by ACPs and SHOs were also on patrolling. After some time when they left for patrolling, his Driver Chela Ram complained that he was having pain in his hand and on his instructions the Civil Defence Volunteer Jagtender Singh started driving his vehicle.
(89) The witness has further deposed that at about 2.00AM while they were near Manav Chowk, wireless transmission was made that on the dividing road of Sector 1617 cattle lifting gang had lifted some cattle and also fired. On hearing this transmission and further transmission made by ACP Alipur Sh. Rajeev Ranjan, they became alert and headed St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 81 towards K N Katju Marg. According to the witness on reaching near Sachdeva School T Point, he noticed an off white coloured TATA 407 Tempo rashly driven, which was being chased by official gypsy of ACP Alipur on which they also started chasing the said tempo. Witness has further deposed that the occupants of the tempo were continuously firing and throwing stones at their official vehicles on which he took the Glock Pistol from his operator Rakesh who was sitting beside driver on the front seat and he aimed at the rear tyre of the said tempo and fired after which the said tempo took a right turn towards the Ring Road, Madhuban Chowk, Underpass. He has testified that since Ct. Desh Raj having AK 47 was unable to take any action, he directed Ct. Rakesh to take AK 47 from Ct. Desh Raj and to aim at the tyres of offending tempo. Witness has further deposed that on his directions Ct. Rakesh fired at rear tires of the off white TATA 407 tempo and the offending tempo then took a left turn from Deepali Chowk. According to the witness another police vehicle make TATA 407 also joined the chase and during this, the occupants of offending tempo were continuously firing and throwing stones at police vehicles. He has also deposed that he noticed that the gypsy of ACP Alipur slowed down and stopped and the offending tempo then took a left turn from Haryana Maitree Bhawan. The offending tempo then hit the police barricades on the way on which he fired towards the tyre of tempo after taking aim. Witness has further deposed that the offending tempo then took a left turn from the side of Bikaner St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 82 Sweets and the tempo then headed towards Jheel Wala Park. According to the witness the rear left tyre of the offending tempo had burst and the tyre came out and the offending tempo then violently shook and after being driven for some distance, it came to a halt after hitting the pavement (footpath). The witness has also deposed that about seven eight cattle lifters jumped out of the off white offending tempo and ran in different directions. According to the witness since his Qualis was on right side, he saw one person who jumped out of drivers cabin from the driver's side seat on which he (witness) came out of his vehicle and warned him to stop. Witness has further deposed that the description of that person was of approximate 5' 4", light beard, about 25 years of age and the said person did not stop even after being warned on which he fired one round aiming towards his feet, however that person jumped the wall of Jheel Wala Park and escaped whose name he came to know later on as Tasleem whom the witness has correctly identified in the Court both by pointing out and by name. He has also deposed that a long barrel country made Katta had fallen on the road towards the driver side seat and another country made pistol with one round in the chamber and two rounds in the Magazine was found lying in the dash board of the offending vehicle i.e. Tata 407. According to the witness on the rear side of the offending vehicle a leather belt containing eleven live cartridges and one desi katta was also found. Witness has further deposed that there were three cows, one calf and one buffalo on the rear side of the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 83 offending vehicle and some stones were also lying on the rear side of the offending vehicle i.e. Tata 407. According to the witness one person who was lying unconscious on the rear side of offending vehicle who was immediately rushed to hospital through PCR. He has further testified that one person namely Sanwar whom the witness has correctly identified in the Court both by pointing out and by name who was overpowered by the police team of SI Mukesh Antil was also having one loaded katta. Witness has further deposed that four persons namely Sanwar, Anwar, Ankur and Khalid were caught at the spot by police party whose names he came to know later on. He has correctly identified the accused Sanwar, Anwar, Ankur and Khalid both by pointing out and by name. According to the witness he also came to know that driver of ACP Alipur Sh. Rajeev Ranjan had received gunshot injury on his shoulder due to firing by the accused persons who were in offending TATA 407 tempo in which they were carrying the cattle and during the chase. Witness has further deposed that thereafter the Investigating Officer called the Mobile Crime Team at the spot and weapons recovered from the accused persons were handed over to the Investigating Officer who conducted the proceedings as per law. According to the witness he thereafter left the spot for his office at around 7:30 AM and in this regard DD No. 7A dated 19.1.2013 was made by him in Police Station Sultan Puri photocopy of which DD is Ex.PW34/A. He has further deposed that his statement was recorded by the Investigating Officer. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 84 (90) In his cross examination by Ld. Defence counsels, witness has deposed that he was not involved in the investigation of earlier incident took place at Shahbad Dairy and has voluntarily explained that it was ACP Rajeev Ranjan who was involved but they were aware of the same being in the same district and was briefed about it. Witness has further deposed that he started patrolling from his office at Police Station Sultan Puri. He has testified that he was not required to make the departure entry while leaving for patrolling in his District but there is a DD entry regarding the taking of the official weapon i.e. AK 47 with twenty rounds from the Malkhana of Police Station Sultan Puri. Witness has denied the suggestion that he never went for patrolling in the area as deposed by him or that Jagtender Singh is a planted witness only to lend authenticity to the prosecution version.
(91) Witness has further deposed that he did not hand over any medical document of HC Chela Ram to the Investigating Officer and has voluntarily explained that he is an aged person of 55 years of age who remains on duty from 7.00AM onwards and even on the date of incident he was on duty and night patrolling when he developed a pain and that is why he was asked to sit on the back side of the vehicle being unable to drive. He has admitted that he did not take him (HC Chela Ram) to any doctor and has voluntarily explained that there was no need and he was only made comfortable after he was taken off from the driving. Witness has denied the suggestion that the story of pain in the hand of HC Chela St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 85 Ram is a concocted story just to plant Civil Defence Volunteer Jagtender Singh or that the Civil Defence Volunteer was planted as a witness as no public person has agreed to support a concocted story. He has admitted that during the chase and in the cross fire, no police person in his vehicle including himself received any injury. Witness has denied the suggestion that he and police persons alleged to be in his vehicle were not present in any such patrolling or chasing of the alleged tempo and that is why none of them had received injury. He is also not aware if the Investigating Officer had seized the stones thrown upon them or not nor about the items/ articles seized by the Investigating Officer as they were not seized in his presence. Witness has denied the suggestion that he never joined investigation of this case and that is why he was not aware about the articles seized by the Investigating Officer and has voluntarily explained that Mobile Crime Team had reached at the spot in his presence. He is unable to tell the specific time when the Mobile Crime Team reached the spot. Witness has further deposed that the number of the offending vehicle was HR 38 AS 2616 which was off white in colour and was make TATA 407. Witness has admitted that the above said number of the tempo has not been mentioned by him in his statement U/s 161 Cr. P. C. or in his examination in chief. Witness has denied the suggestion that the number of the said tempo was told to him later on due to which reason it does not find a mention in his statement U/s 161 Cr.P. C. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 86 (92) The witness has denied the suggestion that he never reached at Manav Chowk, Rohini at about 2.00AM on the alleged date of incident or that the wireless transmission has been created only for the purposes of using it as false evidence in the court against the accused persons. Witness has further denied the suggestion that no cattle were ever found on the back side of the alleged tempo or that alleged tempo TATA 407, cattle and entire case property was planted to create false evidence in respect of the incident in question. According to the witness when the firing incident took place, public persons who were passers bye's had stopped for some time but thereafter went away. Witness has denied the suggestion that no firing took place at the alleged spots and that is why there are no public witnesses or that all the accused persons namely Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif were illegally lifted and detained and thereafter falsely implicated in the present case only to seek a revenge regarding the death of a police officer in another incident relating to Police Station Bharat Nagar. Witness has denied the suggestion that his statement U/s 161 Cr.P.C. has been fabricated by the Investigating Officer of his own or that Ex.PW34/A is a fabricated document created by him only to connect the accused with the offence/ incident. Witness has denied the suggestion that accused Tasleem was illegally lifted from his house, assaulted in police custody and also fired upon on account of which he received injuries and was admitted to the hospital on 19.01.2013 and has voluntarily explained that St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 87 Tasleem had received injuries during the incident. (93) PW35 Sh. Rajiv Ranjan Singh the then ACP Alipur has deposed that on 15.1.2013 he was posted as ACP Alipur Outer District. According to the witness in the intervening night of 15/16 January, 2013 there was an incident in which a gang of cattle robbers committed a robbery in the area of Police Station Shahbad Dairy on a Tata 407 and also fired upon police officials and hit police vehicles with that Tata 407, accordingly a case was registered in Police Station Shahbad Dairy. Witness has further deposed that in view of this incident intensive patrolling and vehicle checking was ordered in Outer District. According to the witness in the intervening night of 18/19 January 2013, he was on Convoy Patrolling along with other police officers of Outer District and Ct. Balkar as his driver and Ct. Ankit as his operator who was also carrying a 9mm pistol and 9 live cartridges of 9mm, in his government gypsy no. DL 1CJ 7412. He has testified that at around 2:00 AM at night a wireless message was received that near the dividing road of Sector 1617, Rohini, some criminals have robbed cattle in a vehicle and have also fired, accordingly intensive search and checking was started for the offending vehicle. Witness has further deposed that at that time his position was near village Daulatpur and he along with his staff also started searching for the offending vehicle. He has also deposed that at around 2:20 AM when he reached at K N Katju Marg he spotted a Tata 407 vehicle driving at very high speed in the directions of Outer Ring St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 88 Road and there were some cattle loaded on the back of the Tata 407 bearing no. HR 38AS 2616 and four to five persons were sitting on the backside of the said vehicle. He has further deposed that his operator Ct. Ankit signaled the said vehicle to stop but the said vehicle speededup and overtook his gypsy. According to the witness they started chasing the said Tata 407 vehicle and transmitted the message on wireless. Witness has further deposed that the persons on the back of the said Tata 407 started pelting stones on them and also fired upon them and in their selfdefence, he took the 9 mm pistol from Ct. Ankit and fired towards the tyre of the offending Tata 407 vehicle. He has further deposed that one of his round misfired on which he again fired a second round. Witness has further testified that near Sachdeva Shcool, ACP Jasmeet Singh also joined them and chased the offending Tata 407 in his government vehicle make Qualis. According to the witness the persons on the back of Tata 407 kept pelting stones and firing on pursuing police parties. Witness has further deposed that on Red Light of the Outer Ring Road the said Tata 407 jumped red signal and dangerously turned towards right in the direction of Madhuban Chowk and he again fired from his 9 mm pistol towards the offending vehicle, but the driver of the said vehicle did not stop the vehicle. According to the witness when the said vehicle crossed Madhuban Chowk underpass, one of the rounds fired by the criminals sitting on the Tata 407 vehicle fired towards his vehicle as a result of which the wind screen of his government gypsy was broken and St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 89 the bullet hit his driver Ct. Balkar on his right shoulder and he received injury. Witness has further deposed that he again fired two rounds towards the said Tata 407 but one of the round misfired and Ct. Balkar kept driving the gypsy despite his injury. He has testified that at Deepali Chowk, another police vehicle make Tata 407 joined the pursuit and the offending Tata 407 turned left towards Haryana Maitri Bhawan and kept firing on the pursuing police vehicles. According to the witness after turning left from Deepali Chowk, he asked his driver Ct. Balkar to stop the vehicle and to sit in the back seat of the gypsy in view of his injury and he directed Operator Ct. Ankit to drive the gypsy. Witness has further deposed that thereafter, he again started chasing in the directions of offending Tata 407 which had again turned left near Haryana Maitri Bhawan and he also spotted a broken barricade on the police picket near Haryana Maitri Bhawan. According to the witness the persons on offending Tata 407 were firing heavily on the pursuing police vehicles. According to him, the offending Tata 407 then turned left near Bikaner Sweets and then it turned towards Road No. 44 towards Lok Vihar and he again fired towards the offending Tata 407. He has further testified that the rear left tyre of the offending Tata 407 was completely burst due to firing by the police party and the rear right tyre was punctured and the vehicle itself was tilting towards left and swerving dangerously and it hit the footpath near Jheel Wala Park and stopped. The witness has also deposed that seven to eight persons jumped out from the offending St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 90 vehicle and ran in different directions and the pursuing police parties also chased the criminals and his operator Ct. Ankit caught one of the criminals who on inquiry disclosed his name as Ankur whom the witness has correctly identified in the Court. According to the witness, three other assailants namely Sanwar, Anwar and Khalid whom the witness has correctly identified in the Court were also apprehended by police officials and one assailant was found lying unconscious in the back side of offending Tata 407 vehicle who was handed over to PCR. He has also deposed that three other assailants who were later identified as Asif, Taslim and Hasrat managed to escape. According to him, there was one long barrel country made gun lying on the road near the right front tyre of the offending Tata 407; one country made pistol with one round in its chamber and two rounds in magazine was found lying in the dash board of the offending Tata 407; one country made pistol and a leather belt containing eleven live cartridges were found lying in the backside of the offending Tata 407 vehicle and one country made pistol was recovered from Sanwar by SI Mukesh Antil. Witness has further deposed that there were three cows, one buffalo and one calf in the offending Tata 407 vehicle and one of the cows was in injured condition and there were some gravel stones also lying in the backside of the Tata 407 where the cattle were confined. According to the witness in total he fired six rounds out of which two were misfired. He has further deposed that thereafter the apprehended assailants and the recovered articles and the weapons St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 91 including offending Tata 407 and scene of crimes was handed over to the Investigating Officer Inspector Om Dutt Vats who further carried out the investigations. He has also deposed that thereafter he left the spot and during the investigations, the Investigating Officer recorded his statement.
(94) In his cross examination by Ld. Defence Counsels, the witness has deposed that his statement was recorded by the Investigating Officer on 19.1.2013 at about 2:30 PM. According to the witness in his presence at the spot, the Investigating Officer had not joined any public witness while conducting the proceedings. He is not aware as to what documents were prepared by the Investigating Officer at the spot in his presence. Witness has further deposed that on the date of incident he fired six rounds and has clarified that the weapon which in his possession was issued to his Operator. According to the witness he left the spot around 4:30 AM. He has further deposed that he has not mentioned in his statement the physical description i.e. colour, complexion, age of the persons who escaped from the spot. Witness has further deposed that on the date of incident he did not know the names of those persons. According to the witness he cannot identify the accused other than whom he identified in the court. He has denied the suggestion that he never visited the place of occurrence or that he never chased the accused persons or that his driver had selfinflicted the injury only to falsely implicate the accused persons for the purposes of taking revenge St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 92 regarding death of police officials in a different incident relating to Police Station Bharat Nagar. Witness has further denied the suggestion that no such incident had taken place or that the accused persons were lifted from their respective houses in order to falsely implicate them in this case. He has also denied the suggestion that the Cattle, the Tata 407 and the entire case property have been falsely planted upon the accused persons or that no accused was apprehended in his presence and that is why he was not made witness to any arrest memo. Witness has admitted that he has not signed as a witness on any seizure memos or arrest memos or pointing out memos in the present case. Witness has denied the suggestion that he was not present during the investigations of present case and that is why his signatures are taken on any memos of the present case. (95) PW36 SI Lalit Kumar has deposed that in the intervening night of 1819.01.2013 he was posted at Police Station Subhash Place and on that day he was on duty from 8 PM to 8AM. According to the witness at about 2:55 AM he received information vide DD No. 6B that one pickup tempo was already caught hold by police at Mahendra Park, Street/ Road No. 44 having cows and it was also informed that six injured persons had already been taken to Bhagwan Mahavir Hospital. Witness has further deposed that on the receipt of this information he along with Ct. Amin Khan reached at the spot where the SHO and other senior officers also came at the spot and staff of the Outer District were already present there and they found TATA 407 tempo stationed on the side of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 93 the Jheel Wala Park. Witness has further deposed that three cows were there in the tempo, one of them was injured and one calf and one buffalo was also amongst them and the buffalo was having blood stains. According to the witness the right tyre of the tempo was found punctured and the left tyre of the tempo was found lying in half burnt condition on the road. He has testified that one gun having long barrel was also found lying on the road on the ahead of the tempo. He has further deposed that one police tempo bearing No. DL1LK9515 and one gypsy bearing No. DL1CJ7412 was also found stationed there which was also having bullet marks. According to the witness four empty cartridge and two misfired fired cartridges, one batch of Delhi Police and one led were also found inside the gypsy and another gypsy bearing No. DL1CM4596 was also found stationed there wind screen of which was damaged. Witness has further deposed that all the injured had already been taken to the hospital and the tempo was having one loaded country made pistol and on checking it was found containing one live cartridge and two live cartridges in the magazine. According to the witness one katta and leather belt having eleven cartridges was lying on the body of the tempo on back side. He has also deposed that the message was conveyed to Crime Team, Outer District and NorthWest District and the statement of SI Mukesh Antil of Police Station Mangolpuri was recorded. According to the witness Investigating Officer Inspector Om Dutt prepared the rukka and the same was sent to the Police Station Subhash Place for St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 94 getting the case registered through Ct. Amin Khan. He has further deposed that SI Mukesh Antil produced one loaded desi katta before the Investigating Officer Inspector Om Dutt on which Inspector Om Dutt prepared the sketch of the katta and the cartridge vide Ex.PW36/A. According to the witness the Investigating Officer converted the same into possession and sealed with the seal of OM and took the same into possession vide seizure memo Ex.PW36/B. The witness has testified that Investigating Officer Inspector Om Dutt inspected the spot and prepared the site plan in his presence vide Ex.PW36/C and Inspector Om Dutt inspected the spot at the instance of Crime Team. According to the witness the Investigating Officer lifted country made gun having long barrel and prepared its sketch vide Ex.PW36/D and then converted the same into pullanda and sealed with the seal of OM and also took the same into possession vide seizure memo Ex.PW36/E. Witness has further deposed that one desi katta was also lifted from the body of the tempo and Investigating Officer prepared the sketch of the said katta vide memo Ex.PW36/F after which the Investigating Officer prepared the pullanda of the same and sealed with the seal of OM and also took the same into possession vide seizure memo Ex.PW36/G and sketch of 11 cartridges was also prepared vide Ex.PW36/H. He has further deposed that one leather belt along with eleven cartridges were wrapped in cloth and prepared the pullanda and was also taken into possession vide memo St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 95 Ex.PW36/I. According to him, the country made pistol recovered from the dash board of the tempo of the accused persons containing one live cartridge in its chamber and two live cartridges along with the magazine were also measured and Investigating Officer prepared their sketch vide Ex.PW36/J. He has depoed that the same was also wrapped in cloth and converted into pullanda and sealed with the seal of OM and seized vide seizure memo Ex.PW36/K. He has testified that the Investigating Officer filled in form FSL and the recovered three cows, one calf and buffalo recovered from the tempo of the accused persons were also taken into possession vide seizure memo Ex.PW36/L. Witness has further deposed that the blood stains were taken from the buffalo and kept in the container and sealed with the seal of OM and seized vide seizure memo Ex.PW36/M and the blood stained hairs were taken from the buffalo and kept in a container and sealed with the seal of OM and taken into possession vide seizure memo Ex.PW36/N. He has proved that the the control hair of the buffalo were also kept in a container and sealed with the seal of OM and taken into possession vide seizure memo Ex.PW36/O. According to the witness the aforesaid animals were sent to the Animal Care Center and in the meantime Ct. Amin Khan came back to the spot along with the copy of FIR and original rukka and same were handed over to the Investigating Officer. The witness has also deposed that the FSL Team also came to the spot and Sh. K.C. Varshney of FSL was taken to Bhagwan Mahavir Hospital along with other staff. Witness St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 96 has further deposed that Investigating Officer collected six MLCs bearing No. 231/13 to 236/13 and the MLC No. 231/13 was pertaining to Yakub who was declared by the doctor as brought dead and the MLC No. 236/13 was pertaining to Ct. Balkar Singh who sustained injuries in this incident. He has further deposed that the Investigating Officer collected the sealed parcel containing the clothes of Ct. Balkar Singh duly sealed with the seal of the hospital along with sample seal and the same was taken into possession vide seizure memo Ex.PW36/P. Witness has further deposed that the injured/accused Khalid and Sanwar were referred to Safdarjung hospital whereas the accused Anwar and Ankur were already admitted in the Bhagwan Mahavir Hospital. According to the witness on the instructions of Dr. K.C. Varshney Investigating Officer obtained the hand wash of deceased Yakub, injured Ankur and Anwar which were taken into possession. He has proved the seizure memo in respect of accused Anwar vide Ex.PW36/Q; seizure memo in respect of accused Ankur which is Ex.PW36/R and the seizure memo in respect of deceased Yakub is Ex.PW36/S. Witness has further deposed that Sh. K.C. Varshney was relieved from the hospital and the body of the deceased Yakub was sent to BSA hospital through Ct. Sher Singh for getting the body preserved. According to the witness HC Azad, Ct. Baldev, HC Niranjan, Ct. Dharmender were called in the hospital from the Police Station. He has testified that HC Azad and Ct. Baldev were left in the hospital for guarding Ankur and Anwar whereas he along with Investigating Officer St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 97 Inspector Om Dutt, SI Mukesh, HC Niranjan and Ct. Dharmender went to Safdarjung Hospital where the hand wash and control of accused Khalid and Anwar were taken vide Ex.PW36/T and Ex.PW36/U respectively. Witness has further deposed that thereafter Ct. Dharmender and HC Niranjan were left in the Safdarjung hospital and he along with Investigating Officer and SI Mukesh came back to the spot and inspected the spot. According to the witness on inspection they found three empty cartridges, out of which one was lying near garbage on the road and two were lying on the road and Investigating Officer prepared the sketch of the same separately vide Ex.PW36/V1, Ex.PW36/V2 and Ex.PW36/V3 respectively. Witness has further deposed that the aforesaid three parcels were converted into pullanda and sealed with the seal of OM and were also taken into possession vide seizure memos Ex.PW36/W1, Ex.PW36/W2 and Ex.PW36/W3 respectively. He has also deposed that four empty cartridges, two live cartridges were also taken from the government gypsy and Investigating Officer prepared the sketch of the said cartridges vide Ex.PW36/X and the said parcel was taken into possession vide seizure memo Ex.PW36/X1. Witness has further deposed that the badge recovered from the police gypsy was also lifted and the same was sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Y. According to the witness the Investigating Officer prepared the sketch of the lead vide Ex.PW36/Z1 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 98 and the same was also kept in a small container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z2 and the stones lying on the body of the vehicle which were blood stained and having dung (gobar) were also kept in the same bag which was already containing the stones. Witness has proved that the said bag was again kept in another bag and sealed with the same seal and was taken into possession vide seizure memo Ex.PW36/Z3. He has testified that the blood was lifted from the left side where the offending vehicle was stationed and the same was lifted with the help of cotton and kept in a container and sealed with the same seal and the said parcel was taken into possession vide seizure memo Ex.PW36/Z4. He has also deposed that the earth control was also lifted from the left side of the offending vehicle and was kept in a container and sealed with the same seal which parcel was taken into possession vide seizure memo Ex.PW36/Z5. According to the witness, FSL Form was filled in and all the four vehicles were taken into possession along with keys vide memos Ex.PW36/Z6 to Ex.PW36/Z9. He has also proved that the pieces of tyre were also sealed with the same seal and taken into possession vide memo Ex.PW36/Z10. Witness has further deposed that the burnt tyre pieces were collected and kept in a bag and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z11. According to the witness another bag was found near the vehicles containing five shawls, 21 pieces of rope, St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 99 sweater, jacket, bucket, one darati (instrument for cutting crops), one pair of shoes and the aforesaid articles were taken into possession vide seizure memo Ex.PW36/Z12. Witness has further deposed that Jheel Wala Park was inspected and one blood stained stone was found inside the park near the wall which stone was wrapped in cloth and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z13. According to the witness FSL From was filled and two empty live cartridges were also recovered from the cabin of the offending vehicle sketch of which cartridges was prepared vide Ex.PW36/Z14 after which the said cartridges were kept in a container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z15. Witness has further deposed that the seal after use was handed over to him and Investigating Officer recorded the statements of ACP Rajiv Ranjan, ACP Jasmeet Singh and Shri Jagtinder Singh Volunteer of the Civil Defence under Section 161 Cr.P.C after which they were relieved from there. According to the witness thereafter, they went to Bhagwan Mahaveer Hospital where HC Niranjan and Ct. Dharmender brought accused Khalid and Sanavar who were interrogated. He has proved that the accused Ankur was arrested vide memo Ex.PW36/Z16, the accused Sanwar was arrested vide memo Ex.PW36/Z17, the accused Khalid was arrested vide memo Ex.PW36/Z18 and the accused Anwar was arrested vide memo Ex.PW36/Z19; the accused Ankur was personally searched St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 100 vide memo Ex.PW36/Z20, accused Sanwar was personally searched vide memo Ex.PW36/Z21, accused Khalid was personally searched vide memo Ex.PW36/Z22 and the accused Anwar was personally searched vide memo Ex.PW36/Z23. Witness has further proved that disclosure statement of accused Anwar was recorded at the hospital vide Ex.PW36/Z24 and the accused Anwar was kept under supervision of HC Niranjan and Ct. Dharmender for further treatment. According to the witness thereafter they along with all the accused persons except Anwar reached at Police picket near Haryana Maitri Bhawan where one barricade which was struck by the accused persons was taken into possession vide seizure memo Ex.PW36/Z25 and they all came back to the Police Station where the case property was deposited in the Malkhana. According to the witness the disclosure statement of other accused persons were also recorded and the disclosure statement of Ankur is Ex.PW36/Z26, the disclosure statement of Sanwar is Ex.PW36/Z27, disclosure statement of Khalid is Ex.PW36/Z28 and the disclosure statement of Anwar is Ex.PW36/Z29. Witness has further deposed that he handed over the seal to the MHC(M) after getting deposited the case property in the malkhana and his statement under Section 161 Cr.P.C. was recorded by the Investigating Officer. (96) The witness has correctly identified the accused Anwar, Sanwar, Ankur and Khalid. He has also identified the case property i.e. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 101 one big stone having a slip of FSL as the same which was recovered from inside the park near the wall, which stone is Ex.P1; about 2025 kg stone pieces as the same which were recovered from the body of the offending vehicle, which are Ex.P2 collectively; one burnt tyre as the same which was taken from the spot which is Ex.P3; one bag containing 21 pieces of rope, one bucket, clothes, one pair of shoes, daranti as the same which were taken from the spot which is Ex.P4 (colly); one transparent plastic container containing the burnt tyre pieces as the same which was taken from the spot which are collectively Ex.P5; four fired cartridges and two live cartridges which were lifted from the spot which are collectively Ex.P6; one transparent plastic container containing ("the" alphabet D in Hindi showing piece of badge of Delhi Police) as the same which was taken from the Gypsy on the spot which is Ex.P7; desi katta along with fired live cartridge and lead as the same which were recovered from the spot which are collectively Ex.P8;one country made gun having long barrel as the same which was taken from the spot which is Ex.P9; desi katta which was recovered from the body of the tempo which is Ex.P10; one transparent plastic container containing leather belt used for keeping the cartridges and eleven cartridges which were recovered from the body of the tempo which are collectively Ex.P11; one pistol with three cartridges (one is alive and two are used) which are collectively Ex.P12; one plastic container which is containing hand wash of right hand of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 102 accused Yakub which are Ex.P13; one plastic container containing left hand wash of accused Yakub which is Ex.P14; one plastic container containing control of accused Yakub which is Ex.P15; one plastic container which is containing swab of right hand of accused Ankur which is Ex.P16; one plastic container containing swab taken from left hand of accused Ankur, which is Ex.P17; one plastic container containing control of accused Ankur which is Ex.P18; one plastic container containing swab taken from right hand of accused Anwar which is Ex.P19; one plastic container containing swab taken from left hand of accused Anwar which is Ex.P20; one plastic container containing control taken from Anwar which is Ex.P21 collectively; one plastic container containing swab taken from right hand wash of accused Sanwar which is Ex.P22; one plastic container containing swab taken from left hand wash of accused Sanwar which is Ex.P23 collectively; one plastic container containing control of accused Sanwar which is Ex.P24; one plastic container containing right hand wash of accused Khalid which is Ex.P25; one plastic container containing left hand wash of accused Khalid which is Ex.P26; one plastic container containing control taken from accused Khalid which is Ex.P27; one plastic container containing one cartridge (fired) which was lifted from the spot which is Ex.P28; one plastic container containing one cartridge (fired) which was taken from the spot which is Ex.P29; one plastic container containing one cartridge (fired) lifted from the spot St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 103 which is Ex.P30; one plastic container containing one lead (metallic piece) lifted from gypsy on the spot which is Ex.P31 and one plastic container containing two fired cartridge lifted from the spot which is Ex.P32.
(97) In his cross examination by Ld. Defence counsels, the witness has deposed that they reached the spot at about 3:00 AM and when he reached at the spot, SI Mukesh Antil with police officials of Outer District were conducting the investigation details of which he is unable to tell. The witness has also deposed that first of all he met SI Mukesh Antil but he is unable to tell about the details of the proceeding which was being conducted by SI Mukesh Antil when he met him. He is not aware if the bullet marks were there inside the police Gypsy bearing no. DL1CJ7412 and has again voluntarily explained that they found the rounds inside the Gypsy. According to him, the search of said Gypsy was conducted by Inspector Om Dutt at about 12.001.00 Noon on 19.01.2013 but the Investigating Officer did not prepare any search memo regarding search of the said Gypsy. He has also deposed that the Gypsy No. DL1CJ7412 was in possession of the driver, at the time of the search of the said vehicle. He does not remember the name of the driver of the Gypsy. He has also deposed that no signature of driver was taken on any document in this regard. He has further deposed that the statement of driver was not recorded by the Investigating Officer regarding recovery of cartridge from the Gypsy. He has testified that the Investigating Officer St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 104 did not seize any part of damaged windscreen of the vehicle bearing DL1CM4596 and at that time no public persons at the spot and has voluntarily explained that the spot was preserved therefore no public person was allowed at the exact spot of the incident however some public persons may be available at some distance. According to him, in his presence the Investigating Officer did not join any public person in the investigation. He has testified that when he signed the documents, they were prepared by the Investigating Officer before signing and has voluntarily explained that some entries were made later such as FIR number etc. The witness has further testified that SI Mukesh Antil prepared the sketch of one katta along with cartridge firstly and thereafter its seizure memo was prepared. He has also deposed that the sketch was prepared at about 7.20 AM. According to him, in his presence the Investigating Officer did not take chance print from the said katta. He has testified that Inspector Om Dutt came to the spot at about 3:10 AM. According to him, the sketch Ex.PW36/F was prepared at about 8:00 AM and the sketch Ex.PW36/J was prepared at about 8.15AM after which the sketch Ex.PW36/H was prepared. He has admitted that some documents were prepared by Inspector Om Dutt whereas some other police officials also helped him in doing the writing work of other documents but he had not prepared any of the documents. According to the witness, the document Ex.PW36/Z1 was prepared at about 1.00 PM on 19.01.2013 and the Crime Team reached the spot at about 6:00AM St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 105 whereas the seizure memo Ex.PW36/B was prepared at about 7.35AM. He does not remember as to who prepared the same and same is his reply in respect for Ex.PW36/G except for the time. The witness has further deposed that when he signed both the documents the same did not contain the FIR Number and has voluntarily explained however same was put after his signatures was obtained. He is not aware as to who is the scriber of Ex.PW36/I and Ex.PW36/Z15. He has explained that the document Ex.PW36/Z6 was prepared at about 1.15 PM but he is unable to tell who had prepared the same and also as to who prepared the seizure memo Ex.PW36/Y but it was prepared at about 12.45 PM. He has testified that he remained at the spot till about 3:45 PM. He does not remember the time when statement of SI Mukesh Antil was recorded as same was not recorded in his presence. The witness has further deposed that just after reaching the spot, the Investigating Officer met SI Mukesh Antil at about 3:10 AM. He has also deposed that the Investigating Officer prepared the site plan at about 7.45AM. He is not aware whether SI Mukesh Antil has signed Ex.PW36/C or not. He has admitted that the same was not prepared at his instance by the Investigating Officer. He is not aware whether the Investigating Officer has lifted any fingerprint from the country made gun. He has denied the suggestion that no country made pistol was recovered from the dashboard of the offending vehicle or that no live cartridge was recovered from the said offending vehicle. He has further denied the suggestion that no animal were St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 106 recovered from the tempo of accused persons or that he had signed all the documents while sitting in the Police Station or that the entire documents were prepared while sitting in the Police Station. He has testified that the Investigating Officer did not lift the blood sample from inside the offending vehicle in his presence and it was the Crime Team who lifted the chance prints from inside the tempo of the accused persons. He does not remember at what time the seizure memo of animals was prepared. The witness has further explained that the animals remained at the spot till about 12.00 Noon. He does not remember exactly as to which police official lifted the stones from inside the vehicle but he is only able to tell that they were police officials. He is not aware as to who prepared the seizure memo of stones and states that it was prepared at about 1:30 PM. He has admitted that he, SI Mukesh Antil and the Investigating Officer has signed the related memos. He has denied the suggestion that the Investigating Officer Inspector Om Dutt was not having any seal. He has further deposed that no sample seal was prepared separately by the Investigating Officer regarding sealing of the pullandas at the spot. According to him, the accused persons were already taken to the hospital before he reached the spot.
(98) The witness has admitted that no firearm was seized in his presence from the possession of any of the accused. He has also admitted that during his presence at the spot no public person was joined in the proceedings at the spot. According to the witness the photographs were St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 107 taken by the Crime Team at the spot. He has further that the crime team arrived in the morning time but he is unable to tell the exact time. Witness has also deposed that when the Crime Team came at the spot, accused was not present at the spot and the Investigating Officer after reaching the spot, first recorded the statement of SI Mukesh Antil. According to the witness the copy of the FIR was brought at the spot at about 9:10 AM. He has also deposed that between 5:30 AM to 9:10 AM no statement of any witness was recorded by the Investigating Officer including him in his presence. He has admitted that Investigating Officer conducted the whole proceedings in his presence and at that time SI Mukesh Antil was with him. The witness has further deposed that when he reached at the spot all the senior officers were present there. He is not aware whether any investigations were conducted by any official at the spot before reaching him. He has further deposed that the Investigating Officer has started the investigations just after preparing the rukka and first of all SI Mukesh Antil produced a katta to Investigating Officer who prepared a seizure memo which he signed. He does not recollect whether he had signed the same as a witness or as a peshkarta. Witness has denied the suggestion that Mukesh Antil had not produced any desi katta. He has admitted that no finger print was lifted from the said desi katta. According to the witness SI Mukesh Antil had left the spot for the first time at about 9:20 AM. He has admitted that Investigating Officer has not lifted any kind of blood from the body of Tempo 407 bearing No. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 108 HR38AS2616. Witness has further deposed that the distance between the said TATA 407 and the police vehicle was about eight to ten steps and the police tempo was just behind the said TATA 407 bearing No. HR38 AS2616. According to him, he reached at the spot at about 3:00 AM and after receiving the DD from his Police Station for the investigations, he went at the spot before Inspector Om Dutt Sharma, though he did not conduct any investigations. Witness has denied the suggestion that all the seizure memos were prepared at the Police Station and he has signed all the seizure memos while sitting in the Police Station at the instance of senior officers. He has admitted that even the public witness Jagtender Singh has not signed any seizure memo even though he was with the police officers. The witness has also denied the suggestion that accused persons has not made any kind of disclosure statements or that same were prepared by the Investigating Officer while sitting in the Police Station to falsely solve the other pending cases of cattle theft. He has further deposed that the accused persons were sent to hospital for treatment before reaching the Investigating Officer at the spot and also before his reaching at the spot. Witness has denied the suggestion that nothing was seized at the spot or that the accused persons did not make any disclosure statements or that the documents were prepared by the Investigating Officer of his own or that he has merely signed the same on the asking of the senior officers while sitting in the Police Station. Witness has denied the suggestion that all the writing work was done while sitting in the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 109 Police Station.
(99) PW37 Inspector Mukesh Antil has deposed that on the intervening night of 18.01.2013 and 19.01.2013, he was posted at Sub Inspector at Police Station Mangolpuri. According to the witness on the intervening night of 1516.01.2013 there was an incident of cattle theft and firing on the police party in respect of which an FIR No.20/13 under various sections was registered. Witness has further deposed that in the background of this incident, the patrolling in the District has been enhanced to prevent similar incident. He has also deposed that on the intervening night of 18.01.2013 and 19.01.2013, he was on patrolling duty in the TATA 407 Tempo bearing no. DL1LK9515 along with the staff comprising of HC Jai Pal, Ct. Jitendra, Ct. Umesh and driver Ct. Vijay Pal. According to the witness while they were checking near the police picket Peeragarhi, at around 2:00 AM they received a wireless message that on the intersection of Sector 1617 Rohini on the dividing road some persons had committed cattle theft and also fired on the police party. Witness has further deposed that they were directed to check the various vehicles and at that time they were at Peeragarhi Flyover Picket with his staff and SHO Mangolpuri and Inspector Satya Prakash and the remaining staff were also present. According to him, on receipt of this information, he moved towards Deepali Chowk and as soon as they reached near Deepali Chowk they saw that one TATA 407 of white color coming from Madhuban Chowk side and there were two police vehicles St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 110 chasing them. He has also deposed that one of the vehicle was gypsy whereas the other was Qualis. He noticed that firing was going on from both the sides and some persons sitting in the Tata 407 of white color were throwing stones on the police vehicles. Witness has further deposed that he also started chasing the said vehicle and during this firing, the left tyre of Tata 407 which was being chased had been hit but still the said vehicle was moving and he also made a return fire. He has testified that suddenly one of the police gypsies slowed down and stopped on the left side but he continued to follow the said tempo which then reached the Haryana Maitri Bhawan which is on the same road and thereafter turned left from the Tpoint and hit the barricading made by the personnel of Police Station Rani Bagh. Witness has further deposed that one barricade fell down but the vehicle crossed and kept in moving in a zig zag manner and when it reached near road no.44, it turned left from the corner of Bikaner Sweets on Road No. 44 where one of the tyre which was hit by the police firing burst and fell after a distance of about 700 to 800 meters. He has also deposed that the tempo still kept moving on the rim for about 40 meters, it tilted on one side and stopped, however before the tempo could stop the person sitting inside jumped out and started running in different directions. According to the witness two persons sitting on the cabin came out from the left side and one person came out from the body of the tempo and he saw the fourth person taking a round from the driver side and running towards the Jheel Wala Park. Witness St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 111 has further deposed that all four of them were trying to scale the wall while he and his party started chasing them and thereafter he and his team apprehended one person namely whose name he later came to know was Sanwar S/o Ibrahim, R/o Village Nahal, Police Station Massorie, District Ghaziabad. He has testified that other three persons managed to escape. He made inquiries from Sanwar and conducted his casual search which revealed a loaded country made katta with one live round. According to the witness in the meantime, ACP Sultanpuri Jasmeet Singh and ACP Shri Rajiv Ranjan also reached the spot and they too apprehended three persons whose names he later on came to know were Ankur, Khalid and Anwar @ Anu, all three residents of village Nahal. Witness has further deposed that another person was also apprehended by him whose name he came to know was Yakub S/o Unknown R/o Unknown who was injured and in the meanwhile, the PCR reached the spot and injured was sent to Bhagwan Mahavir Hospital through the PCR officials. According to the witness the Tempo TATA 407 bearing registration no. 38AS 2616 number plate on the same which was being driven by the assailants was checked and it was containing one calf and one buffalo and just in front of the tempo one long barrel gun was lying. He has further testified that body of the tempo was thoroughly checked during which one country made katta and one belt meant for carrying bullets was found lying which on checking was found to contain eleven live rounds. Witness has further deposed that from the dashboard one St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 112 country made pistol was recovered which on checking contained two live rounds i.e one in barrel and two in the magazine. According to the witness Sanwar who had been apprehended by him and his team was also slightly injured after which he was shifted to Bhagwan Mahavir Hospital through the vehicle of SHO Mangolpuri along with Ct. Gaurav and his statement was recorded by Inspector Om Dutt which is Ex.PW37/A. Witness has further deposed that Inspector Om Dutt prepared a Rukka and send the same to the Police Station through Ct. Amin after which Inspector Om Dutt prepared the sketch of the katta and the cartridge recovered from its chamber which is Ex.PW36/A. He has also deposed that the said katta and cartridge were wrapped in cloth and Inspector Om Dutt prepared the seizure memo Ex.PW36/B. He has further testified that Inspector Om Dutt inspected the spot at his instance after which the Investigating Officer lifted the country made gun having long barrel and prepared its sketch vide Ex.PW36/D. He has proved that the Investigating Officer converted the same into pullanda and sealed the same with the seal of OM and took the same into possession vide seizure memo Ex.PW36/E. According to the witness one desi katta was also lifted from the body of the tempo and the Investigating Officer prepared the sketch of the said katta vide memo Ex.PW36/F and then the Investigating Officer prepared the pullanda of the same, sealed the same with the seal of OM and took the same into possession vide seizure St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 113 memo Ex.PW36/G and the sketch of eleven cartridges was also prepared vide Ex.PW36/H. Witness has further deposed that one leather belt along with eleven cartridges were wrapped in cloth and prepared the pullanda and was also taken into possession vide memo Ex.PW36/I. He has proved that the country made pistol recovered from the dash board of the tempo of the accused persons containing one live cartridge in its chamber and two live cartridges along with the magazine were also measured and Investigating Officer prepared their sketch vide Ex.PW36/J. Witness has also deposed that the same was also wrapped in cloth and converted into pullanda and sealed with the seal of OM and seized the same vide seizure memo Ex.PW36/K after which the Investigating Officer filled in form FSL. According to the witness three cows, one calf and buffalo recovered from the tempo of the accused persons were also taken into possession vide seizure memo Ex.PW36/L. He has also deposed that the blood stains were lifted from the buffalo which were kept in a container and sealed with the seal of OM and seized vide seizure memo Ex.PW36/M and the blood stained hair were taken from the buffalo and kept in a container and sealed with the seal of OM and taken into possession vide seizure memo Ex.PW36/N. According to the witness the control hair of the buffalo were also kept in a container and sealed with the seal of OM and taken into possession vide seizure memo Ex.PW36/O. Witness has further deposed that the aforesaid St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 114 animals were sent to animal care center and in the meantime Ct. Amin Khan came back to the spot along with the copy of FIR and original rukka which were handed over to the Investigating Officer. Witness has further deposed that the FSL Team also came to the spot and Sh. K.C. Varshney from FSL was taken to Bhagwan Mahavir Hospital along with other staff. According to the witness Investigating Officer collected six MLCs bearing No. 231/13 to 236/13 and the MLC No. 231/13 was pertaining to Yakub who was declared by the doctor and the MLC No. 236/13 was pertaining to Ct. Balkar Singh who sustained injuries in this incident. Witness has further deposed that Investigating Officer collected the sealed parcel containing the clothes of Ct. Balkar Singh duly sealed with the seal of the hospital along with sample seal and the same was taken into possession vide seizure memo Ex.PW36/P. He has further testified that the injured/ accused Khalid and Sanwar were referred to Safdarjung Hospital and the accused Anwar and Ankur were already admitted in the Bhagwan Mahavir Hospital. Witness has further deposed that on the instructions of Dr. K.C. Varshney Investigating Officer obtained the hand wash of deceased Yakub, injured Ankur and Anwar which were taken into possession. He has proved the seizure memo in respect of accused Anwar which is Ex.PW36/Q; seizure memo in respect of accused Ankur is which is Ex.PW36/R and the seizure memo in respect of deceased Yakub which is Ex.PW36/S. Witness has further deposed that Sh. K.C. Varshney was relieved from the hospital after St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 115 which the body of the deceased Yakub was sent to BSA hospital through Ct. Sher Singh for getting his postmortem conducted. He has also deposed that HC Azad, Ct. Baldev, HC Niranjan, Ct. Dharmender were called in the Hospital from the Police Station and HC Azad and Ct. Baldev were left in the hospital for guarding Ankur and Anwar. According to the witness, he along with Investigating Officer Inspector Om Dutt, SI Lalit, HC Niranjan and Ct. Dharmender went to Safdarjung hospital where the hand wash and control of accused Khalid and Anwar were taken vide Ex.PW36/T and Ex.PW36/U respectively. He has also deposed that thereafter Ct. Dharmender and HC Niranjan were left in the Safdarjung Hospital and he along with Investigating Officer and SI Lalit came back to the spot and inspected the spot. Witness has further deposed that on inspection they found three empty cartridges, out of which one was lying near garbage on the road and two were lying on the road on which the Investigating Officer prepared the sketch of the same separately vide Ex.PW36/V1, Ex.PW36/V2 and Ex.PW36/V3 respectively. Witness has further deposed that the aforesaid three parcels were converted into pullanda and sealed with the seal of OM which were also taken into possession vide seizure memos Ex.PW36/W1, Ex.PW36/W2 and Ex.PW36/W3 respectively. According to the witness four empty cartridges, two live cartridges were also taken from the government gypsy and thereafter the Investigating Officer prepared the sketch of the said cartridges vide Ex.PW36/X which parcel was taken St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 116 into possession vide seizure memo Ex.PW36/X1. Witness has further deposed that the badge recovered from the police gypsy was also lifted and was sealed with the same seal which was taken into possession vide seizure memo Ex.PW36/Y. He has proved that the Investigating Officer prepared the sketch of the lead vide Ex.PW36/Z1 and the same was also kept in a small container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z2. According to the witness the stones lying on the body of the vehicle which were blood stained and having dung (gobar) were also kept in the same bag which was already containing the stones and the said bag was again kept in another bag and sealed with the same seal. Witness has further deposed that the said bag was taken into possession vide seizure memo Ex.PW36/Z3 and the blood was lifted with the help of cotton from the left side where the offending vehicle was stationed and was kept in a container and sealed with the same seal after which the said parcel was taken into possession vide seizure memo Ex.PW36/Z4. He has also deposed that the earth control was also lifted from the left side of the offending vehicle and the same was also kept in a container and sealed with the same seal after which the said parcel was taken into possession vide seizure memo Ex.PW36/Z5. According to the witness the FSL Form was filled up and thereafter all the four vehicles were taken into possession along with keys vide memos Ex.PW36/Z6 to Ex.PW36/Z9. He has testified that the pieces of tyre St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 117 were also sealed with the same seal and taken into possession vide return memo Ex.PW36/Z10 and the burnt tyre pieces were collected and kept in a bag and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z11. Witness has further deposed that another bag was found near the vehicles containing five shawls, twenty one pieces of rope, sweater, jacket, bucket, one darati (instrument for cutting crops), one pair of shoes and the aforesaid articles were taken into possession vide seizure memo Ex.PW36/Z12. He has also deposed that Jheel Wala Park was inspected and one blood stained stone was found inside the park near the wall which stone was wrapped in cloth and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z13. Witness has further deposed that FSL From was filled. According to the witness two empty live cartridges were also recovered from the cabin of the offending vehicle, sketch of which cartridges was prepared vide Ex.PW36/Z14 and the said cartridges were kept in a container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z15. He has further testified that the seal after use was handed over to SI Lalit and Investigating Officer recorded the statements of ACP Rajiv Ranjan, ACP Jasmeet Singh and Shri Jagtinder Singh a Volunteer of Civil Defence under Section 161 Cr.P.C after which they were relieved from there. According to the witness thereafter, they went to Bhagwan Mahaveer Hospital where HC Niranjan and Ct. Dharmender St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 118 brought accused Khalid and Sanavar who were interrogated. He has proved that the accused Ankur was arrested vide memo Ex.PW36/Z16, accused Sanwar was arrested vide memo Ex.PW36/Z17, accused Khalid was arrested vide memo Ex.PW36/Z18, accused Anwar was arrested vide memo Ex.PW36/Z19; accused Ankur was personally searched vide memo Ex.PW36/Z20, accused Sanwar was personally searched vide memo Ex.PW36/Z21, accused Khalid was personally searched vide memo Ex.PW36/Z22, accused Anwar was personally searched vide memo Ex.PW36/Z23 after which the disclosure statement of accused Anwar was recorded in the Hospital vide Ex.PW36/Z24. Witness has further deposed that the accused Anwar was kept under supervision of HC Niranjan and Ct. Dharmender for further treatment and thereafter they along with all the accused persons except Anwar reached at Police Picket near Haryana Maitri Bhawan. According to the witness one barricade which was struck by the accused persons was taken into possession vide seizure memo Ex.PW36/Z25. Witness has further deposed that they all came back to the Police Station where the case property was deposited in the Malkhana. He has also deposed that the disclosure statement of other accused persons were also recorded, disclosure statement of Ankur is Ex.PW36/Z26, disclosure statement of Sanwar is Ex.PW36/Z27, disclosure statement of Khalid is Ex.PW36/Z28 and the disclosure statement of Anwar is Ex.PW36/Z29. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 119 According to the witness his statement under Section 161 Cr.P.C. was recorded by the Investigating Officer.
(100) Witness has further deposed that on 31.1.2013 he again joined the investigations of this case with the Investigating Officer and on that day he had come in the office of the Crime Branch, Sector 14, Rohini and brought the details of Malkhana Register. He has also deposed that at that time Inspector Sushil Kumar was interrogating one person who was identified by him as Hasrat s/o Yusuf as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38AS2616 who managed to escape from the spot after jumping the wall of the park. Witness has further deposed that he had identified him (Hasrat) correctly after which his statement was again recorded by the Investigating Officer under Section 161 Cr.PC. The witness has testified that on 22.2.2013 he came in the office of Crime Branch Sector14 Rohini and at that time Investigating Officer was interrogating another accused namely Asif S/o Yunus as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38 AS 2616 who managed to escape from the spot after jumping the wall of the park and he had identified him correctly. Witness has further deposed that his statement was again recorded by the Investigating Officer under Section 161 Cr.PC. He has proved the log book showing the details of the government vehicle DL1LK9515 copy of which is Ex.PX1 and has also St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 120 proved the roznamcha showing his departure and arrival on the relevant date and time copy of which is Ex.PX2.
(101) The witness has correctly identified the accused Anwar, Sanwar, Ankur, Asif, Hasrat and Khalid in the Court. He has also identified the case property i.e. one big stone having chit of FSL as the same which was recovered from inside the park near the wall, which stone is Ex.P1; about 2025 kg stone pieces as the same which were recovered from the body of the offending vehicle, which are Ex.P2 collectively; one burnt tyre as the same which was taken from the spot which is Ex.P3; one bag containing 21 pieces of rope, one bucket, clothes, one pair of shoes, daranti as the same which were taken from the spot which is Ex.P4 (colly); one transparent plastic container containing the burnt tyre pieces as the same which was taken from the spot which are collectively Ex.P5; four fired cartridges and two live cartridges which were lifted from the spot which are collectively Ex.P6; one transparent plastic container containing (the alphabet "D" in Hindi showing piece of badge of Delhi Police) as the same which was taken from the Gypsy on the spot which is Ex.P7; desi katta along with fired live cartridge and lead as the same which were recovered from the spot which are collectively Ex.P8; one country made gun having long barrel as the same which was taken from the spot which is Ex.P9; desi katta which was recovered from the body of the tempo which is Ex.P10; one transparent St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 121 plastic container containing leather belt used for keeping the cartridges and eleven cartridges which were recovered from the body of the tempo which are collectively Ex.P11; one pistol with three cartridges (one is alive and two are used) which are collectively Ex.P12; one plastic container which is containing hand wash of right hand of accused Yakub which are Ex.P13; one plastic container containing left hand wash of accused Yakub which is Ex.P14; one plastic container containing control of accused Yakub which is Ex.P15; one plastic container which is containing swab of right hand of accused Ankur which is Ex.P16; one plastic container containing swab taken from left hand of accused Ankur which is Ex.P17; one plastic container containing control of accused Ankur which is Ex.P18; one plastic container containing swab taken from right hand of accused Anwar which is Ex.P19; one plastic container containing swab taken from left hand of accused Anwar which is Ex.P20; one plastic container containing control taken from Anwar as the same which is Ex.P21 collectively; one plastic container containing swab taken from right hand wash of accused Sanwar which is Ex.P22; one plastic container containing swab taken from left hand wash of accused Sanwar which is Ex.P23 collectively; one plastic container containing control of accused Sanwar which is Ex.P24; one plastic container containing right hand wash of accused Khalid which is Ex.P25; one plastic container containing left hand wash of accused Khalid which is Ex.P26; one plastic St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 122 container containing control taken from accused Khalid which is Ex.P27; one plastic container containing one cartridge (fired) which was lifted from the spot which is Ex.P28; one plastic container containing one cartridge (fired) which was taken from the spot which is Ex.P29; one plastic container containing one cartridge (fired) lifted from the spot which is Ex.P30; one plastic container containing one lead (metallic piece) lifted from gypsy on the spot which is Ex.P31 and one plastic container containing two fired cartridge lifted from the spot which is Ex.P32.
(102) In his cross examination by Ld. Defence counsels, the witness has deposed that during the checking they had checked sixseven tempos at Picket Peeragarhi Fly Over. He admits that the point at Peeragarhi Fly Over falls within jurisdiction of Police Station Mangol Puri. According to the witness the area on the left side while going towards Rani Bagh from Deepali Chowk falls in the jurisdiction of Police Station Rani Bagh whereas on the opposite side i.e. area on the right side falls within jurisdiction of Police Station Mangol Puri. He is unable to tell exactly as how many persons were sitting in the cabin of the driver and how many were on the back side of the vehicle. Witness has further deposed that the distance between the place where the tempo stopped and the wall which the accused jumped is about 1012 meters. He has also deposed that both the ACPs were following them in the separate vehicles while they were chasing the accused persons. According to the witness at St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 123 2:00 AM in the intervening night of 18/19.01.2013 he received the information on wireless set and at that time he was at Peeragarhi Flyover Picket and was checking the vehicles with staff. Witness has further deposed that he was in the police vehicle i.e. TATA tempo bearing No. DL1LK9515 and they were five persons including driver. He has also deposed that all five of them came towards Deepali Chowk at about 2:20 AM. He states that he was carrying a 9mm pistol and ten cartridges, HC Jaipal was also carrying 9mm pistol and both the constables were carrying INSAS riffles. He is unable to tell specifically about how many cartridges were carried by HC Jaipal and other two constables. Witness has further deposed that they carry sufficient quantity of arms and ammunition in routine patrolling details of which are entered in the Malkhana register but states that he did not mention about the said entry in his statement U/s 161 Cr.P.C. and has voluntarily explained that the same is mentioned in the file and has been exhibited before this Court. Witness has denied the suggestion that the entry of said malkhana register has been fabricated at the instance of the senior officers later, or that is why it has not been mentioned in his statement. Witness has further deposed that he along with his team reached at the spot i.e. Jheel Wala Park opposite Lok Vihar bus stand. According to the witness he was not able to tell the exact time. He has denied the suggestion that he never reached at Jheel Wala Park and that is why he was unable to tell the exact time. Witness has further deposed that he and his team was the first St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 124 amongst the Police Officials to reach at the spot i.e. Jheel Wala Park as their vehicle was first to reach the spot i.e. Jheel Wala Park in chasing the alleged offending vehicle. He has also deposed that SI Lalit Kumar reached the spot at around 3:00 AM and he met the other police teams at the spot and not prior to that. He has stated that there was no public person at the spot at the time he reached there. According to the witness he had fired all the three rounds towards right side rear tyre which was punctured and the other members of his team were sitting at the back and they also fired in the direction of offending vehicle but he is unable to tell how many rounds were fired by them as he could not see them. Witness has further deposed that the vehicle of accused remained ahead of them and never left behind their vehicles. According to the witness, he remained at the spot till about 9:00 AM for the first time and he again reached the spot around 12 Noon and remained at the spot till 4:154:30 PM. He has also deposed that at 9:00 AM he left the spot for going to Bhagwan Mahavir hospital and reached there around 9:10 AM along with the Investigating Officer Inspector Om Dutt Vats where he remained in the hospital for about 35 to 40 minutes. He has also deposed that he thereafter left for Safdarjung Hospital where he reached at about 10:40 AM and remained there for about 20 minutes and thereafter left for the spot and reached the spot at around 12 noon. Witness has further deposed that the seizure memos of stones were prepared by Inspector Om Dutt Vats in his presence at about 1:30 PM and SI Lalit Kumar of Police St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 125 Station Subhash Place also signed the said memos. Witness has further deposed that there was a distance of around 2025 meters between the alleged TATA 407 and his vehicle at the spot. He has also deposed that the Crime Team reached at the spot before recording his statement but the photographs were not taken before his statement and has voluntarily explained that the photographs were taken after his statement was recorded by the Investigating Officer. He is unable to tell the spots of which the photographs were taken and whether any photographs of the spot were taken where the cattle were present. Witness has denied the suggestion that there were no cattle in the offending vehicle. He has also deposed that it was Inspector Om Dutt Vats who was the officer who was entrusted with the investigations initially. He has denied the suggestion that SI Lalit Kumar did not conduct any investigations and has voluntarily explained that he was the person who was first entrusted with the PCR call. According to the witness Inspector Om Dutt Vats hardly reached within five minutes of SI Lalit Kumar reaching the spot and he did not make any statement to SI Lalit Kumar. He is not aware whether Investigating Officer or Crime Team had lifted any kind of finger prints from any vehicles or spot or from the weapons seized at the spot and has voluntarily explained that in his presence no such proceedings were conducted and hence is unable to give details. The witness has testified that his statement was recorded at around 6:00 AM and prior to recording his statement some of the accused had been apprehended by the officers St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 126 present at the spot which he had mentioned in his statement and simultaneously SI Lalit and Inspector Om Dutt Vats has also reached the spot but he is unable to tell what other specific investigations/ proceedings were conducted by the Investigating Officer. He has also deposed that ACP Sultanpuri had simultaneously reached the spot and his statement has been recorded before his supplementary statement was recorded in the morning. Witness has denied the suggestion that Investigating Officer had not made inquiries from the officials present at the spot including both the ACPs prior to recording his statement and preparation of rukka. He has also denied the suggestion that he did not hand over any accused to the Investigating Officer. Witness has admitted that he did not give the detailed description of any of the accused and he did not specifically tell the Investigating Officer that he could identify the absconding accused and has voluntarily explained that he can identify them because he had seen them running away from the spot. He has denied the suggestion that the light at the spot was not sufficient. The witness has admitted that he had mentioned in the statement that accused had taken advantage of the darkness and escaped and has voluntarily added that on the road there was sufficient light where the incident had taken place but the accused absconded towards the Jheel Wala Park by scaling the wall. Witness has further admitted that the members of his team did not chase these accused and has voluntarily explained that they were with him and they had apprehended Sanwar. Witness has further St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 127 deposed that the persons who were chasing the persons running away were from the other teams from other Police Stations. He is unable to tell their names and states that there were teams of two ACPs followed by others. He has denied the suggestion that the other teams of the ACPs and others also did not chase the accused persons or that the statement of no other witness was recorded in his presence. He is unable to tell the contents of the statements of other witnesses recorded by the Investigating Officer. The witness has denied the suggestion that he had already seen the photographs of Asif and that is why he had identified him on the asking of the senior officers. According to the witness he had gone to the Crime Branch Office on 22.02.2013 to identify Asif but he was not called by the Investigating Officer on that day. According to the witness he did not tell the Investigating Officer in his statement under Section 161 Cr.P.C. that he had been called to the Crime Branch office to identify the accused Asif and has voluntarily explained that he had come to know that the staff of Police Station Badarpur had apprehended Asif and therefore he had gone there of his own. He has denied the suggestion that his signatures were obtained on the documents later on by the Investigating Officer while sitting in the Police Station to fill up the lacuna and to prove the case against the accused persons. According to the witness he did not take the accused persons to the hospital and remained at the spot with the Investigating Officer. He has also deposed that he had not seen the Investigating Officer lifting the blood samples St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 128 from inside the alleged offending vehicle and has voluntarily explained that but he had seen him lifting the same from the body of buffalo. Witness has further deposed that he did not notice any public person at the spot during the investigations. He has denied the suggestion that he did not notice any public person at the spot because he was not present at the spot or that no disclosure statements were made by the accused or that they were recorded by the Investigating Officer of his own. Witness has further denied the suggestion that he had not joined the proceedings at any time or nothing was seized in his presence as claimed by him or that all the writing work was done while sitting in the Police Station. Witness has further denied the suggestion that he was deposing falsely at the instance of the senior officers only to falsely implicate the accused persons in the present case.
(103) PW42 Sh. Brahma Deen has deposed that he is residing at R18, Shop No.2, Raghubir Nagar, Delhi and he is a driver at Sanjay Gandhi Animal Care Center, Raja Garden. According to the witness on 19.01.2013 in the morning he came on duty and he was handed over a complaint by the supervisor and asked him to reach at Lok Vihar, near Jheel Wala Park for animal pickup. Witness has further deposed that he took vehicle bearing No. DL1A1485 and reached Lok Vihar near the Jheel Wala Park, Pitampura where he met large number of police officers and with the help of police officials one buffalo and two cows, all injured with bloods at various places were transferred to their vehicle from cream St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 129 colored Tempo bearing No. HR38AS2616. He has also deposed that after picking up the animals he went back to Sanjay Gandhi Animal care Center and handed over the animals to Dr. Nand Kishore. Witness has further deposed that the driver of the other pickup van of animal care center namely Ashok Chaudhary also picked up two cows which had picked up to Sanjay Gandhi Animal Care center for treatment. According to the witness, he was interrogated by the officials of the crime branch on 25.02.2013.
(104) In his cross examination by Ld. Defence counsel, witness has denied the suggestion that he never went to the spot nor any animals were picked up for providing treatment at Sanjay Gandhi Animal Care Center.
(105) PW43 Retd. ASI/ Tech. Devender Kumar is the Mechanical Expert who has proved that on 05.03.2013 he had carried out the mechanical inspection of TATA Tempo 407 bearing No. HR38 AS2616, TATA Tempo 407 bearing No. DL1LK9515, Maruti Gypsy bearing No. DL1CM4596 and Maruti Gypsy bearing No. DL1CJ7412 after which he prepared the mechanical reports of the same. He has proved the Mechanical Inspection report of TATA Tempo 407 bearing No. HR38AS2616 which is Ex.PW43/A; mechanical inspection report of TATA Tempo 407 bearing No. DL1LK9515 which is Ex.PW43/B; mechanical inspection report of Maruti Gypsy bearing No. DL1CM4596 which is Ex.PW43/C and the mechanical inspection St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 130 report of Maruti Gypsy bearing No. DL1CJ7412 which is Ex.PW43/D. (106) In his cross examination by Ld. Defence counsels witness has denied the suggestion that he has given the report of mechanical inspection of the vehicles after manipulation and fabrication of evidence. Witness has denied the suggestion that he has given the above reports on the asking of the senior officers only to create evidence in the present case.
(107) PW44 Ct. Ravinder has deposed that on the intervening night of 1819.01.2013 he was posted at Police Station Mangol Puri and on that day he was on picket duty along with SHO Police Station Mangolpuri Inspector Ashok Sharma and Inspector Investigations Police Station Mangolpuri Inspector Satya Parkash, SI Mukesh Antil and Ct. Gaurav. According to the witness while they were checking the vehicles at about 2:00 AM when they received a WT Message that some persons involved into cattle theft had stolen some cattle from Sector16 Rohini and were moving on the Outer Ring Road and were coming towards their side from the Madhuban Chowk side. Witness has further deposed that on receipt of this message SI Mukesh Antil started moving towards Deepali Chowk in TATA 407 along with other staff while he along with Inspector Satya Parkash and Ct. Gaurav remained there in their ERV. According to the witness they again received a WT Message that the said cattle thieves had moved from Deepali Chowk towards Mahendra Park and on which he along with Inspector Satya Parkash and Ct. Gaurav St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 131 reached Mahendra Park in their ERV where they found one cream color TATA 407 with one tyre burst stationed at the corner of Mahendra Park. Witness has further deposed that the said vehicle was contained three cows, one calf and one buffalo and one injured whose name he later came to know as Yakub lying on the body of TATA 407. He has also deposed that PCR officials also reached the spot and on the directions of the SHO of Police Station Mangolpuri he shifted the injured Yakub to the PCR vehicle which shifted him to the hospital while he along with other staff remained there. Witness has further deposed that large number of police officials were also present at the spot. This witness was not cross examined by Ld. Defence counsels despite an opportunity granted in this regard.
(108) PW45 Ct. Gaurav has deposed that on the intervening night of 18/19.01.2013 he was posted at Police Station Mangolpuri and on that day he was on picket duty on the fly over along with SHO Police Station Mangolpuri Inspector Ashok Sharma and Inspector Investigations Police Station Mangolpuri Inspector Satya Parkash, SI Mukesh Antil and Ct. Ravinder. Witness has further deposed that they were checking the vehicles at about 2:00 AM when they received a WT message that some persons involved in cattle theft had stolen some cattle from Sector 16 Rohini and were moving on the Outer Ring Road and were coming towards their side from Madhuban Chowk side. According to the witness on receipt of this message SI Mukesh Antil and his staff started moving St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 132 towards Deepali Chowk in TATA 407 while he along with Inspector Satya Parkash and Ct. Ravinder remained at the picket in their ERV. He has testified that they again received a WT Message that the said cattle thefts had moved from Deepali Chowk towards Mahendra Park and had been corned on which he along with Inspector Satya Parkash and Ct. Ravinder reached Mahendra Park in their ERV where they found one cream color TATA 407 with one tyre burst and tilted on one side stationed at the corner of Mahendra Park. Witness has further deposed that the said vehicle was containing three cows, one calf and one buffalo and one injured whose name he later came to know as Yakub lying on the body of TATA 407. He has also deposed that PCR officials also reached the spot and on the directions of the SHO of Police Station Mangolpuri Ct. Ravinder shifted the injured Yakub to the PCR vehicle which shifted him to the hospital while he along with other staff remained at the spot. According to the witness large number of police officials were also present there and four accused had been apprehended whose name he then came to know as Anwar, Sanwar, Khalid and Ankur. He has also testified that Sanwar was handed over to his custody along with custody of Ct. Umesh and they were directed to take him to Bhagwan Mahavir Hospital for treatment on which they shifted Sanwar to official gypsy and took him to Bhagwan Mahavir Hospital where he was provided preliminary treatment after which he was transferred to Safdarjung Hospital. According to the witness in the meanwhile Khalid was also St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 133 brought to the Bhagwan Mahavir Hospital and thereafter on the directions of Inspector Om Dutt Vats and the doctors he along with Ct. Umesh and the hospital staff shifted the accused Sanwar and Khalid to Safdarjung hospital. Witness has further deposed that in the Safdarjung Hospital they also met HC Niranjan and Ct. Dharmender who assisted them and then medical was got conducted on both the accused and they were provided further treatment and discharged after which they returned back to Bhagwan Mahavir Hospital and handed over the accused to Inspector Om Dutt Vats. According to the witness, in their presence the handwash of the accused Sanwar and Khalid was taken by Inspector Om Dutt Vats and his statement was recorded by Inspector Sushil Kumar from Crime Branch much later. The witness has correctly identify the accused Sanwar and Khalid in the court both by pointing out towards them as well as by their names also.
(109) In his cross examination by Ld. Defence counsels, witness has deposed that he reached the spot along with the other staff around 2:302:35 AM. According to the witness when he reached the spot, the accused had already been apprehended and no proceedings of apprehension, arrest etc took place in his presence. Witness has further deposed that the first time he saw Khalid and Sanwar was at the spot and has voluntarily explained that he shifted Sanwar to hospital while Khalid came there later. Witness has admitted that his signatures are not present on the seizure memo of hand wash of Khalid and Sanwar. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 134 (110) PW46 HC Babu Ram Dogra has deposed that on the intervening night of 18/19.01.2013 he was posted in the PCR NW Zone and on that day he was on duty as Incharge along with the driver Ct. Naveen of vehicle commander C31 bearing No. DL1CJ3026. Witness has further deposed that he was stationed at barricades put by Police Station Rani Bagh and they were on joint checking of the vehicles from 12 AM to 5 AM along with local police at Haryana Maitri Bhawan Picket. According to the witness at around 2:25 AM one vehicle TATA 407 of cream color came at a very fast speed from the side of Bhagwan Mahavir Hospital and was moving towards the Rani Bagh side and hit the barricade after which it started fleeing towards Rani Bagh. The witness has testified that he noticed police vehicles chasing this vehicle and some boys were sitting in the cabin and some were in the body of tempo and there were cattle in the tempo while the boys sitting inside the TATA 407 were firing on the chasing police vehicles and throwing stones on them and he also noticed that police firing in defence. According to the witness on this incident he immediately flashed WT wireless messages to the other PCR vehicles positioned on the same road from his wireless set and then he along with Ct. Naveen went to the directions in which these vehicles had gone. Witness has further deposed that when they reached near road number 44 Jheel Wala Park, he noticed the said tempo lying tilted on one side and large number of police force present there and found that four persons had been apprehended by the police. According St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 135 to the witness there were three cows, one calf and one buffalo in the offending tempo and one boy was found lying injured in the body of the tempo on the back side whose name they came to know was Yakub on which they immediately got him down from the said tempo and shifted to his PCR van with the help of local police on which he shifted him to Bhagwan Mahavir Hospital where the doctor after checking declared him brought dead. Witness has further deposed that in the meanwhile the local police also came to the hospital and he then made relevant entries in his PCR call book. He has testified that he was later interrogated by Inspector Sushil Kumar, Crime Branch on 02.02.2013 after which he showed the relevant entries of the call book to Inspector Sushil Kumar which record of call entry is Ex.PW46/A. (111) In his cross examination by Ld. Defence counsels, witness has deposed that he does not recollect the exact time when he reached the Jheel Wala Park and has voluntarily explained that it was within 1015 minutes of the tempo hitting the barricades. Witness has further deposed that he left the spot along with the injured Yakub at about 3:00 AM and reached Bhagwan Mahavir hospital within fiveseven minutes but he does not recollect the exact time. According to the witness, he then left Bhagwan Mahavir Hospital after about 3:15 AM and has voluntarily explained that he remained in the hospital for about 15 minutes and during this period he had completed all the call entries. Witness has denied the suggestion that the entries in the call register have been St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 136 fabricated and incorporated on the directions of the senior officers or that Ex.PW46/A is not the authentic and correct record of the call entries or that the same is fabricated.
(112) PW50 Sh. Jagtender Singh has deposed that he is a Civil Defence Official and on the intervening night of 18/19.01.2013 he was on duty along with ACP Sh. Jasmeet Singh in his official vehicle bearing No. DL1CH9802 which he was driving. According to the witness during the intervening night they i.e. himself, ACP Sh.Jasmeet Singh HC Chela Ram, Operator Ct. Rakesh having glock pistol and gunman Ct. Desh Raj with AK47 were in the patrolling in the area of Police Station Shahbad Dairy where the cattle lifting robbers/ dacoit gangs had committed offences of cattle lifting a couple of days before and hence intensive patrolling was being done. Witness has further deposed that while they were in the area of Sector 15 and Sector 16 in Rohini and he was driving the vehicle, they reached in front of Sachdeva Public school, they saw one Tata 407 of creamish off white color come from KN Katju Marg side and was moving straight with one police gypsy following it by blowing its siren. Witness has further deposed that they also started following the said vehicles and the offending vehicle then turned towards Ring Road i.e. towards Madhuban Chowk side from T point. According to the witness they were also receiving wireless messages that the cattle robbers/ daicots had stolen some cattle from Sector 1718 and they also started chasing the said tempo. Witness has further deposed that the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 137 occupants of the tempo were continuously firing on the following police vehicles and throwing stones at their vehicles and the said vehicle first fled towards Deepali Chowk but since the said road had been closed the said TATA 407 turns towards Keshav Mahavidhalya side. Witness has testified that continuous firing was being exchanged and while the persons in the tempo were firing at the police party, the return fire was being made in defence. Witness has further deposed that ACP Sh. Jasmeet Singh took the pistol from Ct. Rakesh and handed over the AK 47 rifle of Ct. Desh Raj to Ct. Rakesh and then fired on the tyres of the tempo but the tempo continued to move. According to the witness on the directions of the ACP even Ct. Rakesh fired at rear tyres of off white TATA 407 tempo. Witness has further deposed that the offending tempo then took a left turn from Deepali Chowk when another police TATA 407 also joined the chase and during this chase, the occupants of offending tempo were continuously firing and throwing stones at police vehicles. He has also deposed that the offending tempo then took a left turn from Haryana Maitree Bhawan towards Rani Bagh side and the offending tempo then hit the police barricades kept on the road on which ACP Sh. Jasmeet Singh again fired towards the tyre of tempo after taking aim. The witness has testified that the offending tempo then took a left turn towards Jheel Wala Park and the rear left tyre of the offending tempo had burst but the tempo continued to move on the rims and thereafter the tyre came out and the offending tempo stopped after hitting the footpath and St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 138 tilted to one side. Witness has further deposed that seveneight boys jumped out from the tempo and started running in different directions and thereafter they along with other police officials who were also chasing the tempo ran after them. He has testified that the boy who jumped from the driver side was chased by him and ACP Sh. Jasmeet Singh and he was running towards the Jheel when ACP Sh. Jasmeet Singh aimed at his legs and fired on him but he managed to escape after crossing the jheel. According to the witness he had seen the said boy closely when he was following him and can identify him. The witness has also deposed that they then returned to the main road where the offending vehicle had stopped and there he came to know that about five boys had been apprehended by the other police officers and some of them had run away. According to him, all the said assailants were of young age and he then remained at the spot for some time after which he returned to Police Station Subhash Place where his statement was recorded on 19.01.2013 by Investigating Officer and he was relieved.
(113) The witness has further deposed that on 20.01.2013 he was called to Police Station Subhash Place and asked if he could identify the assailant whom he was chasing on which he informed the Investigating Officer that he could identify them on which he was directed to reach the toll point at Meerut. According to the witness on the directions of the Investigating Officer he reached the toll point Meerut on his private motorcycle where he met SI Ramesh and two Head Constables after St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 139 which he accompanied them to one hospital situated on the Hapur Road where he saw three persons coming out from the hospital, one of whom had a plaster on his leg on which he immediately identified him as the person whom he was chasing after he got down from the offending vehicle TATA 407 from the driver side. Witness has further deposed that the said boy was then interrogated who confirmed his name as Tasleem, resident of village Nahal whom the witness has correctly identified in the Court. He has proved that the accused Tasleem was then arrested vide memo Ex.PW9/A, his personal search was conducted vide memo Ex.PW9/C and his statement was recorded by the Investigating Officer after which he was relieved by the Investigating Officer. (114) In his cross examination by the Ld. Defence counsel, witness has denied the suggestion that he was planted as a witness as no public person has agreed to support a concocted story. Witness has admitted that during the chase and in cross fire, no police person including ACP Sh. Jasmeet Singh received any injury. Witness has denied the suggestion that no other vehicles were passing through when they were chasing the TATA 407. Witness has denied the suggestion that he and police persons alleged to be in his vehicle were not present in any such patrolling or chasing the alleged tempo and that is why none of them had received injury. He has admitted that the vehicle can be run easily on the said road as the road is usually used for traffic. Witness has further deposed that after bursting of tyre there was skid mark on the road and St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 140 after bursting the tyre the tempo run for about sixseven kilometers. He is not aware if the Investigating Officer had seized the stones thrown upon them or not and he was also not aware about the items/ articles seized by the Investigating Officer as they were not seized in his presence. He has further denied the suggestion that he never joined investigation of this case and that is why he is not aware about the articles seized by the Investigating Officer. The witness has also denied the suggestion that no cattle were ever found on the back side of the alleged tempo or that alleged tempo TATA 407, cattle and entire case property was planted to create false evidence in respect of the incident in question. According to the witness when the firing incident took place, public persons who were passers bye had stopped for some time but thereafter went away. He has has denied the suggestion that no firing took place at the alleged spots and that is why there are no public witnesses. Witness has denied the suggestion that his statement recorded under Section 161 Cr.P.C. has been fabricated by the Investigating Officer of its own. He has further denied the suggestion that accused Tasleem was illegally lifted from his house, assaulted in police custody and also fired upon on account of which he received injuries and admitted to the hospital on 19.01.2013 and has voluntarily explained that he had received injuries during the incident. Witness has admitted that only two police vehicles including his vehicle were chasing the tempo. He has testified that they reached at Jagdamba Hospital at about 4:30 PM and they did not meet St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 141 any police official who was on duty at Jagdamba hospital. Witness has denied the suggestion that they never reached Jagdamba hospital and it is for this reason that they did not meet any police official at Jagdama hospital. Witness has also denied the suggestion that accused Tasleem was lifted from his house and not arrested from Jagdama hospital or that he is a planted witness and he never accompanied police officials and he never identified the accused. He has also denied the suggestion that they never went to the hospital and that is why no staff person was made witness by the Investigating Officer in the present case. The witness has also denied the suggestion that his signatures were obtained by the Investigating Officer while sitting in Police Station on the arrest memo, body inspection memo and personal search memo for the purpose to plant the said witness in the present case as an eye witness. He has admitted that Investigating Officer had not given any information to the local Police Station after the arrest of the accused Tasleem in his presence. The witness has also admitted that he has personally not informed the local police about the arrest of accused Tasleem. He has has denied the suggestion that the accused Tasleem was illegally lifted from his house and detained and falsely implicated in the present case. Witness has denied the suggestion that the accused was lifted from the house due to which reason the signatures of his relatives are present on various documents.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 142 (115) PW51 ASI Jaipal Singh has deposed that on the intervening night of 18.01.2013 and 19.01.2013, he was posted at Police Post. SGM Hospital as HC and on that night he was on duty with SI Mukesh Antil, Ct. Jitender and Ct. Umesh on vehicle TATA TEMPO No. DL1LK9515 for night patrolling/ checking. He has further deposed that SI Mukesh Antil was having 9 mm pistol and he was also having 9 mm pistol along with five live cartridges whereas Ct. Umesh and Ct. Jitender were having INSAS rifles. The witness has also deposed that while they were checking the vehicles near Peeragarhi Flyover at about 2:00 AM alongwith SHO PS Mangolpuri and Additional SHO Inspector Sat Prakash, SI Mukesh Antil received message on set that some persons had lifted cows from dividing road from Sector 1617, Rohini and they had also fired and can be apprehended if checked. The witness has further deposed that on receipt of this information, they all proceeded towards Deepali Chowk in the same vehicle. He has also deposed that Ct. Vijay was driving the vehicle, Mukesh Antil was sitting on the front side near driver side whereas he along with Ct. Jitender and Ct. Umesh were sitting on the rear seat. The witness has further deposed that their vehicle was covered with Tripal. He has also deposed that when they reached at Deepali Chowk, they found one tempo of cream color at Deepali Chowk red light who turned towards Rani Bagh. The witness has further deposed that the said tempo was also being chased by the ACP Sultan Puri in Qualis and ACP, Alipur in a gypsy and they also followed them. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 143 According to him, after some distance, the gypsy of ACP Alipur stopped and the vehicle of the accused suspected persons took a turn towards Britannia Chowk. He has further deposed that the accused persons were throughout throwing stones and firing on the vehicles of police officials and after just ahead of Haryana Maitri Bhawan, there was a police barricade, when the boys in the offending vehicle hit the barricades and after breaking the barricades, they continued moving in high speed and were continuously throwing stones and firing towards the police officials. He has testified that in order to save themselves he fired thrice towards the tyre of the offending vehicle and from right side and Ct. Jitender had also fired towards the wheel of the offending vehicle. The witness has further deposed that when they reached at Bikaner Sweet at Mahendra Park the offending vehicle took a left turn and there was continuous firing. He has testified that before reaching Jheelwala Park the left wheel of the offending vehicle was severed from the vehicle and the wheel stopped near payment of Jheel Wala Park. According to him, the offending vehicle was having three cows, one buffalo and one calf. The witness has testified that they got down from their vehicle and the boys from the offending vehicle also got down and started running and four of them started jumping the wall of the park and were trying to jump inside the park. He has also deposed that one of them was caught hold by him, Ct. Jitender and SI Mukesh Antil. According to the witness, the said person was formally searched and one desi katta of .315 bore leaded was St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 144 recovered from the right dub of that boy. He has further deposed that the said boy was interrogated and his name was known as Sanwar S/o Ibrahim, whereas the remaining three other persons who were trying to escape from the vehicle were also overpowered by other staff who were also interrogated and their names were known as Ankur, Khalid and Anwar. He has testified that when checked the offending vehicle, they found one person lying in injured condition in the vehicle whose name was known as Yakub and Arms and Ammunitions were also recovered from the offending vehicles. According to the witness, the proceedings regarding recovery of arms and ammunitions was conducted by officials and he along with Ct. Jitender came back to the Police Station and they got deposited their Government Arms with the MHC(M). He has also deposed that his statement was recorded on 20.01.2013 in the office of Crime Branch, Rohini. He has correctly identified the accused in the Court by name as well as faces.
(116) In his crossexamination by the Ld. Defence Counsels the witness has deposed that they reached at the place of apprehension of the accused persons at about 2.35 to 2.40 AM. According to the witness, prior to reaching at the spot, no police official was already present there. He is unable to tell exactly whether any other police official were already present before they reached the spot and has explained that at that time his attention was towards the boys who were trying to escape. He has also deposed that the accused persons were caught hold at about St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 145 2.40/2.45 AM. The witness has further deposed that he handed over the accused Sanwar to SI Mukesh Antil immediately. According to the witness in his presence, the Investigating Officer did not ask any public person to join the proceeding. He is unable to tell as to what document was prepared by the Investigating Officer firstly or lastly nor can he tell as to who was the Investigating Officer at the initial stage. The witness is also unable to tell as to when SI Mukesh Antil met the Investigating Officer but has claimed that he was present with SI Mukesh Antil at that time. He has denied the suggestion that he did not joined the investigation at any point of time or that his statement was never recorded by the Investigating Officer or that his name has been cited as a witness in this case later on.
(117) PW52 HC Jitender has deposed that on the intervening night of 18.01.2013 and 19.01.2013 he was posted at Police Post, SGM Hospital as Constable and on that night he was on duty with SI Mukesh Antil. HC Jaipal and Ct. Umesh on vehicle TATA TEMPO no. DLIL K9515 for night patrolling/ checking. According to the witness SI Mukesh Antil was having a 9 mm pistol and HC Jaipal was also having 9 mm pistol along with five live cartridges whereas Ct. Umesh and he himself were having INSAS rifles. He has testified that while they were checking the vehicles near Peeragarhi flyover at about 2:00 AM along with SHO PS Mangolpuri and Additional SHO Inspector Sat Prakash, SI Mukesh Antil received a message on set that some persons had lifted St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 146 cows from dividing road from Sector 16.17. Rohini and they had also fired and could be apprehended if checked. He has further deposed that on receipt of this information they all proceeded towards Deepali Chowk in the same vehicle. The witness has further deposed that Ct. Vijay was driving the vehicle, SI Mukesh Antil was sitting on the front side near driver side whereas he along with HC Jaipal and Ct. Umesh were sitting on the rear seat and their vehicle was covered with Tripal. He has also deposed that when they reached at Deepali Chowk they found one tempo of cream color at Deepali Chowk red light and the aforesaid tempo turned towards Rani Bagh. He has further testified that the said tempo was also being chased by ACP Sultan Puri in Qualis and ACP, Alipur in a Gypsy and they also followed them. According to him, after some distance, the gypsy of ACP Alipur stopped and the vehicle of the accused/ suspected persons took a turn towards Britannia Chowk and the accused persons were thoroughly throwing stones and firing on the vehicles of police officials. He has further deposed that just ahead of Haryana Maitri Bhawan, there was a police barricade and the boys in the offending vehicle hit the barricades and after breaking the barricades, they continued running away in high speed. According to him, the assailants were continuously throwing stones and firing towards the police officials and hence to save themselves and to stop the vehicle he took five rounds towards the tyre of the offending vehicle and from right side, he had fired towards the wheel of the offending vehicle. He has also deposed that St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 147 when they reached at Bikaner Sweets at Mahindra Park, they took left turn but continuously firing and before reaching Jheelwala Park, the left wheel of the offending vehicle severed from the vehicle and the wheel stopped near payment of Jheel Wala Park. He has testified that the offending vehicle was having three cows, one buffalo and one calf. According to the witness, they got down from their vehicle and the boys in the offending vehicle also got down and started running. He has also deposed that four of them started jumping the wall of the park and were trying to jump inside the park when one of them was caught hold by him, HC Jai Pal and SI Mukesh Antil. According to the witness, the said boy was formally searched and one desi katta of .315 bore loaded was recovered from the right dub of that boy. He has further deposed that the said boy was interrogated whose name was known as Sanwar S/o Ibrahim. He has further deposed that the remaining three other persons who were trying to escape from the vehicle were also overpowered by other staff who were also interrogated and their names were known as Ankur, Khalid and Anwar. According to the witness, when they checked the offending vehicle, they found one person lying in an injured condition in the vehicle whose name was known as Yakub and Arms and Ammunitions were also recovered from the offending vehicle. He has testified that the proceedings regarding recovery of arms and ammunitions was conducted by officials and he along with HC Jaipal came back to the Police Station where they got deposited their St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 148 Government Arms with the MHC(M). He has also deposed that his statement was recorded on 20.01.2013 in the office of Crime Team, Rohini. The witness has correctly identified the accused persons by name and by faces.
(118) In his crossexamination by the Ld. Defence Counsels the witness has deposed that they reached at the place of apprehension of the accused persons at about 2.35 to 2.40 AM and cannot exactly tell whether any other police official were already present before they reached the spot and has explained that at that time his entire attention was towards the boys who were trying to escape. He has also deposed that the accused persons were caught hold at about 2.40/2.45 AM. The witness has also deposed that they handed over the accused to SI Mukesh Antil immediately. According to him, he handed over Sanwar to SI Mukesh Antil and in his presence, the Investigating Officer did not ask any public person to join the proceeding. He is unable to tell as to what document was prepared by the Investigating Officer firstly or lastly. He is also unable to tell as to who was the Investigating Officer at the initial stage. The witness is also unable to tell as to when SI Mukesh Antil met the Investigating Officer and has explained that he was present with SI Mukesh Antil at that time. He has denied the suggestion that he did not join the investigation at any point of time or that his statement was never recorded by the Investigating Officer or that his name has been cited as a witness in this case later on. The witness has also denied the suggestion St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 149 that no accused was arrested by him in this case. (119) PW53 Inspector Om Dutt has deposed that in the intervening night of 18/19.01.2013 he was posted at Police Station Subhash Place as Additional SHO and at about 2:55 AM he was informed about the information vide DD No. 68 that one pickup tempo was already caught hold by police at Mahendra Park, Street Road No. 44 having cows and it was also informed that six injured persons had already been taken to Bhagwan Mahavir Hospital. According to the witness, on the receipt of this information he along with SHO lnsp. Pankaj Malik reached the spot where SI Lalit, Ct. Amin and Staff of Outer District were already present there where they found TATA 407 Tempo stationed on the side of the Jheel Wala Park containing bullet marks. He has also deposed that three cows, one calf and one buffalo were there in the tempo, one cow was injured and the buffalo was having blood stains. He has further stated that the right tyre of the tempo was found punctured and the left tyre of the tempo was found lying in half burnt condition on the road and one gun having long barrel was also found lying on the road on the right side of the ahead of the tempo. He has further deposed that on police tempo bearing No. DLILK9515 and one gypsy bearing No. DL1CJ7412 was also found stationed there which was also having bullet marks. According to the witness, four empty cartridge and two missed fire cartridge, one broken badge of Delhi Police and one led were also found inside the gypsy. He has testified that another gypsy bearing No. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 150 DL1CM4596 was also found stationed there and the wind screen was damaged. He has testified that all the injured had already been taken to hospital. According to the witness the tempo was having one loaded country made pistol in its dash board left side and on checking it was found containing one live cartridge, two live cartridge in magazine; one katta and leather belt having eleven cartridge was lying on the body of the tempo on back side. He has also deposed that the message was conveyed to Crime Team, Outer District and NorthWest District and the statement of SI Mukesh Antil of Police Station Mangolpuri was recorded which is Ex.PW37/A. He has proved having prepared the rukka which is Ex.PW53/A which was sent to the Police Station Subhash Place for getting the case registered through Ct. Amin Khan. According to him, in the meantime Crime Team had reached the spot. He has further deposed that SI Mukesh Antil had produced one loaded desi katta before him on which he unloaded the same and prepared the sketch of the katta and the cartridge vide Ex.PW36/A after which he converted the same into pullanda and sealed with the seal of GM and took the same into possession vide seizure memo Ex.PW36/B. He has testified that he inspected the spot and prepared the site plan vide Ex.PW36/C. According to the witness, he lifted country made gun having long barrel and prepared its sketch vide Ex.PW36/D and then converted the same into pullanda and sealed it with the seal of OM and took the same into St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 151 possession vide seizure memo Ex.PW36/E. He has proved that one desi katta was also lifted from the body of the tempo and he prepared the sketch of the same vide Ex.PW36/F. He then prepared the pullanda and sealed the same with the seal of OM and took the same into possession vide seizure memo Ex.PW36/G. The witness has proved having prepared the sketch of eleven cartridges which were in a leather belt vide Ex.PW36/H after which the leather belt along with eleven cartridges were put in a plastic container and he then prepared the pullanda and took the same into possession vide memo Ex.PW36/I. He has further deposed that the country made pistol recovered from the dash board of the tempo of the accused persons containing nine live cartridge in its chamber and two live cartridges along with the magazine were also measured after which he prepared their sketch vide Ex.PW36/J. According to him, the same was also wrapped in cloth and converted into pullanda and sealed with the seal of OM and seized vide seizure memo Ex.PW36/K. He has proved having filled up Form FSL after which all the three cows, one calf and one buffalo recovered from the tempo of the accused persons were taken into possession vide seizure memo Ex.PW36/L. According to him, the blood stains were taken from the buffalo and kept in the container and sealed with the seal of OM and seized vide seizure memo Ex.PW36/M. He has testified that the blood stained hair were taken from the buffalo and kept in a container and sealed with the seal of OM and taken into St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 152 possession vide seizure memo Ex.PW36/N and the control hair of the buffalo were also kept in a container and sealed with the seal of OM and taken into possession vide seizure memo Ex.PW36/O. He has testified that the aforesaid animals were sent to Animal Care Center and in the meantime Ct. Amin Khan came back to the spot along with the copy of FIR and original rukka and same were handed over to him. He has further deposed that the FSL Team also came to the spot after which the FSL Expert Sh. K.C. Varshney was taken to Bhagwan Mahavir Hospital along with other staff where he collected six MLCs bearing No. 231/13 to 236/13. He has explained that the MLC No. 23 1/13 was pertaining to Yakub who was declared as brought dead by the doctors whereas the MLC No. 236/13 was pertaining to Ct. Balkar Singh who sustained injuries in this incident. According to the witness, he collected the sealed parcel containing the clothes of Ct. Balkar Singh duly sealed with the seal of the hospital along with sample seal and the same was taken into possession vide seizure memo Ex.PW36/P. He has also deposed that the injured/ accused Khalid and Sanwar were referred to Safdarjung hospital and on the instructions of Dr. K.C. Varshney he obtained the hand wash of deceased Yakub, injured Ankur and Anwar which were taken into possession. He has proved the seizure memo of hand wash of accused Anwar which is Ex.PW36/Q; seizure memo in respect of accused Ankur which is Ex.PW36/R and the seizure memo in respect of deceased Yakub is Ex.PW36/S. According to him, the body of the deceased Yakub was St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 153 sent to BSA hospital through Ct. Sher Singh for getting the body preserved after which HC Azad, Ct. Baldev, HC Niranjan and Ct. Dharmender were called in the hospital from the Police Station and then HC Azad and Ct. Baldev were left in the hospital for guarding Ankur and Anwar whereas he along with SI Lalit, SI Mukesh, HC Niranjan and Ct. Dharmender went to Safdarjung hospital where the hand wash and control of accused Khalid and Anwar were taken vide Ex.PW36/T and Ex.PW36/U respectively. According to the witness, thereafter Ct. Dharmender and HC Niranjan were left in the Safdarjung Hospital and he along with SI Lalit and SI Mukesh came back to the spot and inspected the spot. He has testified that on inspection they found three empty cartridges, out of which one was lying near garbage on the road and two were lying on the road. He has proved having prepared the sketch of the same separately vide Ex.PW36/V1, Ex.PW36/V2 and Ex.PW36/V3 respectively after which the same were converted into pullanda and sealed with the seal of OM and were taken into possession vide seizure memos Ex.PW36/W1, Ex.PW36/W2 and Ex.PW36/W3 respectively. He has further deposed that four empty cartridges, two live cartridges and one lead were also taken from the government gypsy after which he prepared the sketch of the said cartridges vide Ex.PW36/X and the said parcel was taken into possession vide seizure memo Ex.PW36/X1. The witness has also deposed that the badge recovered St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 154 from the police gypsy was also lifted and the same was sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Y. He has proved having prepared the sketch of the lead vide Ex.PW36/Z1 after which the same was kept in a small container, sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z2. He has testified that the stones lying on the body of the vehicle which were blood stained and having dung (gobar) were also kept in the same bag which was already containing the stone and the said bag was again kept in another bag and sealed with the same seal after which the said bag was taken into possession vide seizure memo Ex.PW36/Z3. He has further deposed that with the help of cotton blood was lifted from the left side where the offending vehicle was stationed which was then kept in a container and sealed with the same seal after which the said parcel was taken into possession vide seizure memo Ex.PW36/Z4. He has proved that the earth control was also lifted from the left side of the offending vehicle which was also kept in a container, sealed with the same seal and the parcel was taken into possession vide seizure memo Ex.PW36/Z5. The witness has testified that the Form FSL was filled in and all the four vehicles were taken into possession along with keys vide memos Ex.PW36/Z6 to Ex.PW36/Z9. He has further deposed that the pieces of tyre were also sealed with the same seal and taken into possession vide return memo Ex.PW36/Z10. According to him, the burnt tyre was kept St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 155 in a bag and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z11. He has also deposed that another bag was found near the vehicles containing five shawls, 21 pieces of rope, sweater, jacket, bucket, one darati (instrument for cutting crops), one pair of shoes. He has proved that the aforesaid articles were taken into possession vide seizure memo Ex.PW36/Z12. According to the witness, the Jheelwala park was inspected and one blood stained stone was found inside the park near the wall which stone was wrapped in cloth and sealed with the same seal and then taken into possession vide seizure memo Ex.PW36/Z13 after which Form FSL was filled. He has further deposed that two empty live cartridges were also recovered from the cabin of the offending vehicle on which the sketch of these cartridges was prepared vide Ex.PW36/Z14 and the said cartridges were kept in a container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z15. He has also deposed that the seal after use was handed over to SI Lalit on which he recorded the statements of ACP Rajiv Ranjan, ACP Jasmeet Singh and Shri Jagtinder Singh volunteer civil defence under Section 161 Cr.P.C. after which they were relieved from there. According to him, thereafter, they went to Bhagwan Mahaveer Hospital where HC Niranjan and Ct. Dharmender brought accused Khalid and Sanavar who were interrogated. He has proved that the accused Ankur was arrested vide memo Ex.PW36/Z16, the accused St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 156 Sanwar was arrested vide memo Ex.PW36/Z17, the accused Khalid was arrested vide memo Ex.PW36/Z18, the accused Anwar was arrested vide memo Ex.PW36/Z19 after which the accused Ankur was personally searched vide memo Ex.PW36/Z20, the accused Sanwar was personally searched vide memo Ex.PW36/Z21, the accused Khalid was personally searched vide memo Ex.PW36/Z22 and the accused Anwar was personally searched vide memo Ex.PW36/Z23. The witness has also proved that the disclosure statement of accused Anwar was recorded at the hospital vide Ex.PW36/Z24 and the accused Anwar was kept under supervision of HC Niranjan and Ct. Dharmender for further treatment after which they along with all the accused persons except Anwar reached at Police picket near Haryana Maitri Bhawan. He has deposed that one barricade which was struck by the tempo of accused persons was taken into possession vide seizure memo Ex.PW36/Z25 and they all came back to the Police Station where the case property was deposited in the Malkhana. He has also proved having recorded the disclosure statement of other accused persons, the disclosure statement of Ankur is Ex.PW36/Z26, disclosure statement of Sanwar is Ex.PW36/Z27, disclosure statement of Khalid is Ex.PW36/Z28 and the disclosure statement of Anwar is Ex.PW36/Z29. He has testified having recorded the statements of witnesses under Section 161 Cr.P.C. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 157 (120) The witness has correctly identified the accused Anwar, Sanwar, Ankur and Khalid. He has also identified the case property i.e. one big stone having chit of FSL as the same which was recovered from inside the park near the wall, which stone is Ex.P1; about 2025 kg stone pieces as the same which were recovered from the body of the offending vehicle, which are Ex.P2 collectively; one burnt tyre as the same which was taken from the spot which is Ex.P3; one bag containing 21 pieces of rope, one bucket, clothes, one pair of shoes, daranti as the same which were taken from the spot which is Ex.P4 (colly); one transparent plastic container containing the burnt tyre pieces as the same which was taken from the spot which are collectively Ex.P5; four fired cartridges and two live cartridges which were lifted from the spot which are collectively Ex.P6; one transparent plastic container containing ("the" alphabet D in Hindi showing piece of badge of Delhi Police) as the same which was taken from the Gypsy on the spot which is Ex.P7; desi katta along with fired live cartridge and lead as the same which were recovered from the spot which are collectively Ex.P8;one country made gun having long barrel as the same which was taken from the spot which is Ex.P9; desi katta which was recovered from the body of the tempo which is Ex.P10; one transparent plastic container containing leather belt used for keeping the cartridges and eleven cartridges which were recovered from the body of the tempo which are collectively Ex.P11; one pistol with three St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 158 cartridges (one is alive and two are used) which are collectively Ex.P12; one plastic container which is containing hand wash of right hand of accused Yakub which are Ex.P13; one plastic container containing left hand wash of accused Yakub which is Ex.P14; one plastic container containing control of accused Yakub which is Ex.P15; one plastic container which is containing swab of right hand of accused Ankur which is Ex.P16; one plastic container containing swab taken from left hand of accused Ankur which is Ex.P17; one plastic container containing control of accused Ankur which is Ex.P18; one plastic container containing swab taken from right hand of accused Anwar which is Ex.P19; one plastic container containing swab taken from left hand of accused Anwar which is Ex.P20; one plastic container containing control taken from Anwar which is Ex.P21 collectively; one plastic container containing swab taken from right hand wash of accused Sanwar which is Ex.P22; one plastic container containing swab taken from left hand wash of accused Sanwar which is Ex.P23 collectively; one plastic container containing control of accused Sanwar which is Ex.P24; one plastic container containing right hand wash of accused Khalid which is Ex.P25; one plastic container containing left hand wash of accused Khalid which is Ex.P26; one plastic container containing control taken from accused Khalid which is Ex.P27; one plastic container containing one cartridge (fired) which was lifted from the spot which is Ex.P28; one plastic container containing one St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 159 cartridge (fired) which was taken from the spot which is Ex.P29; one plastic container containing one cartridge (fired) lifted from the spot which is Ex.P30; one plastic container containing one lead (metallic piece) lifted from gypsy on the spot which is Ex.P31 and one plastic container containing two fired cartridge lifted from the spot which is Ex.P32.
(121) In his cross examination by Ld. Defence counsels, witness has deposed that he reached the spot at 3.10AM and there was no public present at the spot when he reached there and there were about ten police officials at the spot when they reached there. According to the witness he did not count all the vehicles present at the spot and has voluntarily explained that only four vehicles were involved in the present case. Witness has further deposed that one private TATA 407, one TATA 407 of Delhi Police and two police gypsies and except the said vehicle there were other police vehicles also. He is unable to tell about the numbers of police vehicles present at the spot as to whether they were 1, 2, 4 or 10 or more in number. Witness has denied the suggestion that he never visited the spot and that is why he was unable to tell the number of vehicles present there. Witness has further deposed that the tempo TATA 407 was sent directly to the FSL by crane. He has admitted that he has not mentioned regarding taking of the said TATA 407 by crane in the record of the present case. According to the witness he did not use any cloth or glove to lift the gun, cartridges, lead, country made pistol, one another St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 160 katta and leather belt containing eleven cartridges, allegedly recovered from the spot. Witness has denied the suggestion that all the above articles are planted and that is why no chance prints were lifted from the said articles. He has testified that all the said articles were seized by him after reaching the crime team at the spot and no fingerprints/ chance prints were lifted from the above articles by the Crime Team. Witness has denied the suggestion that the Crime Team was call just for fulfilling the formalities or that no proper and fair investigation was conducted in the present case or that the accused persons are falsely implicated to solve all the cases of cattle lifting in Delhi. Witness has further deposed that the buffalo alleged to be seized at the spot had not sustained any kind of injury and has voluntarily explained that blood was however found on the body of buffalo. Witness has denied the suggestion that the said buffalo has been planted upon the accused persons to falsely implicate them in the present case or that on that the blood upon the said buffalo is also planted. According to the witness, the blood stained hairs of buffalo were cut with the scissor and which fact has not been mentioned in the proceedings of the present case. Witness has denied the suggestion that the said hair are planted and that is why the same has not been mentioned in the proceedings. He has also denied the suggestion that all the documents of the proceedings of the present case were prepared while sitting in the Police Station later on. Witness has further deposed that he went to the spot two times and first time he remained at the spot for about St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 161 six hours and thereafter for four hours on the second time and then he left the spot for first time at about 9.10 AM and the second time he left the spot at about 3.45PM. According to the witness he reached the spot for second time at about 11.45AM. He is unable to tell about the number of police personals present at the spot when he left the spot on first time. He is unable to tell the number of police persons present at the spot when he reached the spot for the second time and has voluntarily added that they were the same police officials who were present at the spot when he left the spot for the first time. According to him, there were doctors present at the time of arrest of four accused persons namely Ankur, Sanwar, Khalid and Anwar in the hospital but he did not obtain their signatures on the arrest memos. He has testified that the family members of above accused persons were informed after their arrest but he is unable to give the names of the family members of the accused persons to who whom the information was given and has voluntarily explained that their names are mentioned on the arrest memos. Witness has denied the suggestion that all the above four accused persons did not give any disclosure statement or that the signatures of the above said accused persons were obtained on several blank papers or that later on they were converted into several seizure memos, disclosure statement etc. (122) Witness has further deposed that he reached the hospital at about 4.00PM and remained in the hospital for about 2½ hours and left the hospital at about 6.30PM. According to the witness he lifted the earth St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 162 control from the spot when he visited the spot second time. He has stated that not many public persons had collected because they had barricaded the site and public was not permitted to come inside. He has also deposed that there were only passerbyes on the other side of the barricades. He has admitted that he did not stop any passerby to join the investigations. According to the witness the photographs of the spot were taken by the crime team in his presence and Crime Team had reached the spot on his call, during his first visit to the spot. Witness has further deposed that one police person was injured in the present case. He has denied the suggestion that no police person was injured in the present case or that the injuries on the said police persons were self inflicted and that is why there were minor injuries. Witness has further deposed that firstly he recorded the statement of SI Mukesh Antil prior to rukka wherein SI Mukesh Antil did not inform him about the description of the boys who had escaped but only disclosed that he can identify the said accused persons. According to the witness SI Mukesh Antil accompanied him to Bhagwan Mahavir Hospital in the morning at about 9.20AM and thereafter he accompanied him to Safdarjung Hospital. He has stated that they reached the hospital at 10.40AM and then left at about 11.00AM. (123) Witness has denied the suggestion that no such encounter took place on the day of alleged incident and that is why no police person was injured or that no chance prints were lifted from any case property including Daranti. Witness has denied the suggestion that all the case St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 163 properties are planted upon the accused persons to falsely implicate them in the present case. According to the witness no family members of any of the accused persons met him in the hospital. Witness has denied the suggestion that the investigations qua this case are highly mischievous, manipulated and motivated.
(124) PW55 SI Kanwaljeet has deposed that in the intervening night of 18/19.01.2013 he was posted at Police Station Parshant Vihar and on that day he was on checking duty along with Ct. Satender from 12 AM to 5 AM in the area of Sector 11, Rohini in the official gypsy bearing No. DL1CM4596. According to the witness, at about 2:00 AM when he was near G3S Cinema, Sector 11, Rohini a message was received on the wireless set that some cattle thieves who had committed theft of cattle on Sector 1617 dividing road were coming towards Sector 11 from the side of Sector 1617 diving road and were firing on the police vehicle. The witness has testified that since he was on duty in that area, he moved towards KN Katju Marg and positioned himself there, when he saw a cream color TATA 407 coming at a fast speed on the KN Katju Marg being followed by official vehicle of ACP Alipur. Witness has further deposed that there was firing going on from the said vehicle and stones were also being thrown on which he also started chasing the said vehicle/tempo TATA 407. According to him, when they reached near Sachdeva Public School, the Gypsy of ACP Sultanpuri also started chasing the said vehicle and from the TPoint the offending vehicle turn St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 164 towards Deepali Chowk from where another police vehicle also joined the chase. He has also deposed that the said tempo then reached on the Road of Haryana Maitri Bhawan and took another left turn and on the same road, there is picket of Police Station Rani Bagh and the said vehicle hit the barricades put by the police and at that time the firing was being made by the persons sitting. He has further testified that the tempo hit his vehicle on which he had to slow down and come to one side of the road, while the other vehicles continued to chase the offending tempo. Witness has further deposed that after sometime he continued to move on the same road and when he reached near the Jheel Wala Park, he saw the tempo slightly tilted on one side and the other police vehicles and staff in the area. According to the witness he saw one injured being shifted to the hospital in the PCR vehicle whose name he later on came to know was Yakub while four other boys were apprehended whose names were disclosed as Anwar, Sanwar, Khalid and Ankur. Witness has further deposed that in the meanwhile the police officials from Police Station Subhash Place also reached the spot along with FSL officials, Crime Team and the Photographers who inspected the spot, lifted the exhibits and took the photographs. According to the witness he was no longer required and hence he was relieved and his statement was recorded by the Investigating Officer on 01.02.2013.
(125) In his cross examination by Ld. Defence counsels, witness has deposed that while he leaving for the patrolling duty he had made his St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 165 departure entry vide DD No. 64B at 11:35 PM on 18.01.2013. According to the witness Ct. Satender was the Driver of the Gypsy on which he was on patrolling and the relevant entry in the log book has been made by Ct. Satender. He does not recollect if in the wireless message the exact position of the offending vehicle was also being flashed. Witness has further deposed that they started chasing the vehicle at about 2:00 AM and he was behind the official vehicle of ACP Alipur. According to him, both he and his driver were on the front seat and the bullet which hit the windscreen did not penetrate the same. He has denied the suggestion that his vehicle was not hit in the firing or that this evidence of hitting of vehicle was created at a later stage only to lend authenticity to the case of the prosecution and to connect the accused with the present case. (126) PW56 HC Rakesh has deposed that he was working as Operator with ACP Sultan Puri Sh. Jasmeet Singh from 12.1.2013 and on the intervening night of 1819.1.2013 he was on patrolling duty with Sh. Jasmeet Singh ACP. According to the witness at about 12:00 midnight he along with ACP Sh. Jasmeet Singh and other staff left for patrolling in Qualis vehicle bearing No. DL1CH9802 which was being driven by HC Chela Ram and he was sitting on the front seat near driver seat and he (witness) was handing 9 mm glock pistol and ten live cartridges. He has testified that ACP Jasmeet Singh was sitting on the middle seat whereas Ct. Desh Raj and Ct. Jagtender Singh of Civil Defence were sitting on rear seat. He has also deposed that after sometime driver Ct. Chela Ram St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 166 told that he was having pain in his hand and therefore on the instruction of ACP Ct. Jagtender started driving the vehicle and Ct. Chela Ram replaced the seat with Ct. Jagtender. According to the witness, while patrolling when they reached at Manav Chowk Rohini at about 2.00 AM an information was received on the wireless set that some miscreants had lifted the buffaloes from dividing road of Sector1617 in vehicle and had also fired pursuant to which they all reached at KN Katju Marg where they found a cream coloured tempo TATA 407 coming from the side of Outer Ring Road near Sachdeva School which was being chased by ACP Alipur in his Gypsy. He has further deposed that they also followed them and found that fourfive boys from the offending vehicle were firing on the police vehicle from the back portion of the tempo. The witness has also deposed that ACP Jasmeet Singh had taken his (witness's) glock pistol and fired from the right side window of their vehicle. He has further deposed that on reaching the Ring Road the said boys turned their tempo towards right side which was being driven by the driver in a very high speed and in Zig Zag manner. According to the witness, on the instructions of ACP Jasmeet Singh, he (witness) also fired from his AK 47 Rifle at Madhuban Chowk while crossing the underpass which struck against the rear left tyre but the said offending tempo was continuously running. He has also deposed that after chasing till Deepali Chowk they found another tempo TATA 407 but the offending vehicle turned towards Rani Bagh and the aforesaid police vehicle TATA 407 started chasing the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 167 offending vehicle. The witness has further deposed that the Gypsy of ACP Alipur stopped on one side of the road but the boys were continuously firing and pelting stones on the police party. He has also deposed that the offending vehicle turned towards left side the on TPoint and hit against the police barricade and did not stop. The witness has further deposed that ACP Jasmeet Singh again fired but the offending vehicle turned towards left side on Mahendra Park Chowk and during the process the firing and pelting of stone was continued on police party from the offending vehicle. According to him, when the offending vehicle reached at Lok Vihar near Pitam Pura at about 2.30 AM the left tyre of the offending vehicle became severed from the rim as a result the offending vehicle could not escape and stopped at some distance near Jheela Wala Park. He has testified that the offending vehicle was having the number plate bearing No. HR38AS2616 and was found containing cows and buffaloes. According to the witness, during this process he took twelve rounds. The witness has further deposed that about seven eight boys started getting down from the offending vehicle and started running. According to him, their vehicle stopped on the right side of the offending vehicle and he apprehended one of those boys whose name he came to know was Anwar. The witness has testified that he was taken to hospital in the police Gypsy and four other boys were apprehended by other police officials. He has also deposed that thereafter he handed over AK 47 Rifle alongwith eight live cartridges to Ct. Desh Raj and ACP Sh. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 168 Jasmeet Singh had also returned his 9 mm glock pistol along with seven live cartridges which he (witness) got deposited in the Malkhana and his statement was recorded by the Investigating Officer. The witness has correctly identified the accused Anwar in the Court. (127) In his crossexamination by the Ld. Defence Counsel the witness has deposed that he cannot tell about the number of the police vehicles chasing the offending vehicle and has voluntarily explained that many vehicle were chasing the offending vehicle. According to the witness, he can only tell the description about their own vehicle, the vehicle of ACP Alipur and the tempo TATA 407 relating to the accused persons and one another police vehicle. He has also deposed that hardly one or two public persons in their vehicles were seen but there was no great rush on the road being late night hours. The witness has testified that they started chasing the offending vehicle from KN Katju Marg. He has also deposed that he took twenty cartridges from the Malkhana when they left the Police Station. He has also explained that a separate entry was made in the relevant register when he took the arms from the Arsenal/ Kot MHCM. He does not remember the time when he left the spot and has stated that he remained the spot for about 1015 minutes. He is unable to tell the exact time when he left the spot. According to the witness he remained with ACP Sh. Jasmeet Singh. He is unable to tell as to from which side of the offending vehicle the accused Anwar came out and has voluntarily explained that he apprehended the accused near the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 169 park while he was escaping after coming out from the offending vehicle. The witness has further deposed that he did not conduct the personal search of the accused nor the accused was personally searched in his present. According to him, prior to his leaving the spot, none had left the spot. He has denied the suggestion that he did not take part during the investigation of this case or that he has been cited as a witness in this case later on. The witness has also denied the suggestion that he did not apprehend any accused or that he was not present at the spot. (128) PW57 ASI Rajesh Kumar has deposed that on 15.02.2013 he was posted at Police Station Badarpur and on that day at about 7:45 PM he along with HC Vinod, HC Jogender, Ct. Sonu were on patrolling duty at the Molarband, Vijender Murti. According to the witness at that time a secret informer gave information to HC Vinod that a wanted bad character namely Asif who is in possession of illegal weapons would be coming towards Badarpur from Methapur side at about 8:30 PM on a Hero Honda motorcycle. Witness has further deposed that HC Vinod immediately shared this information with him and he shared this information with SHO on which SHO asked him to take necessary action on which he requested 56 public persons who were passer bye's to join the police party but they refused and left without disclosing their names and address, hence without wasting time he constituted a raiding party comprising of himself, HC Vinod, HC Jogender, Ct. Vikas and Ct. Sonu and briefed them. Witness has further deposed that they then put a St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 170 barricade and created a picket at Vijender Murti and starting checking vehicles coming from Methapur side. According to the witness at about 8:30 PM one boy came from Methapur side on a Hero Honda motorcycle bearing No. DL3CSBW5787 and on the pointing out of the secret informer he indicated to the said boy to stop the vehicle but the said boy dropped the motorcycle and started running towards the Methapur side and while running he pulled out a pistol from the right side of his pant. He has also deposed that HC Vinod who was following him immediately managed to apprehend him while he with the help of the other staff snatched his revolver and conducted his casual search and from the right side pocket of the pant two live rounds were recovered. Witness has further deposed that he then checked the katta, which was found to be loaded and one round was found in the same on which immediate information was given to Duty Officer Police Station Badarpur and the SHO. He has also deposed that that he interrogated the said boy who disclosed his name as Asif. In the meantime SI Amit Kumar and HC Ved Veer came from Police Station Badarpur on which he handed over the accused and revolver/ katta, rounds and the motorcycle to SI Amit Kumar who recorded his statement copy of which is Ex.PW57/A. The witness has proved that SI Amit then prepared the sketch of the katta and the rounds copy of which is Ex.PW57/B and converted the same into one pullanda with the help of cloth and sealed the same with the seal of AK and seized the same copy of which memo is Ex.PW57/C. The witness St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 171 has testified that SI Amit then converted his statement into a tehrir by making his endorsement and sent the same to the Police Station through HC Ved Veer for getting the case registered. According to the witness he then interrogated Asif at length who disclosed his involvement in the present case along with his associates Yakub, Anwar, Sanwar, Tasleem, Khalid, Ankur and Israt and also disclosed that in the intervening night of 18/19.01.2013 they had first committed theft of two cows from Shahdara area and then two cows from Shahbad dairy and then came to Daultabad from where while they were in the process of stealing buffaloes and cows, when public persons came and raised an alarm on which the police was alerted and they followed them when the incident in the present case took place. Witness has further deposed that in the meantime the FIR was registered and the Investigating Officer then prepared the documents of arrest of accused Asif i.e. arrest memo copy of which is Ex.PW57/D, copy of his personal search which is Ex.PW57/E and copy of his disclosure statement which is Ex.PW57/F. (129) The witness has correctly identified the accused Asif in the Court and also the case property i.e. one desi katta along with three rounds out of which two were live and one was fired recovered from the accused Asif. The desi katta is Ex.P45 and the cartridges are Ex.P46a (live), 46b (live) and Ex.46c (test fired).
(130) In his cross examination by Ld. Defence counsel, witness has deposed that he had made his departure entry when he left for patrolling St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 172 duty. According to the witness he did not the secret information in writing and has voluntarily explained that he verbally told the SHO. Witness has further deposed that he did not inform the ACP about the same. He is unable to tell if the SHO had recorded the secret information conveyed to him in writing. Witness has further deposed that he did not prepare any refusal memo with regard to the refusal by public persons to join the investigations. He has admitted that the area of Vijender Murti is a commercial area and has voluntarily explained that the shops are at some distance from the said spot. According to the witness he had received this information at about 7:45 PM and he did not ask any shop keeper of the area to join the investigations. He has testified that they were all in civil clothes at the time of the barricading/ checking and had started checking the vehicles at around 8:00 PM. He has also deposed that between 88:30 PM they had hardly stopped about 2025 motorcyclists during checking and he had told the Investigating Officer while giving his statement under Section 161 Cr. P.C. that the number of the motorcycle on which Asif was coming had been provided to them by the secret informer. However, when confronted with his statement Ex.PW57/DX1 the above fact was not found so recorded. Witness has further deposed that when the accused dropped his motorcycle other persons had also stopped on the road and when they apprehended him the said public persons were still there. According to the witness at the time when he took the katta from the hand of accused Asif, the public persons St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 173 were there but they were not joined the investigations when the search of the accused was taken nor the signatures of any of the public person was taken when the documents were prepared. Witness has further deposed that before conducting the casual search of accused Asif, he did not offer his search first, nor any public person was joined and even when the accused was interrogated by the second Investigating Officer SI Amit Kumar no public person was joined when his disclosure was recorded. Witness has denied the suggestion that the accused Asif was not apprehended in the manner as deposed by him or that there was no recovery of loaded katta or rounds from the possession of Asif as claimed by him. Witness has also denied the suggestion that the motorcycle bearing No. DL3SBW5787 make Hero Honda was planted on Asif only to work out blind theft cases or that Asif did not make any disclosure regarding his involvement in the present case. He has further denied the suggestion that Asif was compelled to sign some blank papers which were converted into various memos later on or that the accused Asif did not make any disclosure or that the same was recorded by the Investigating Officer of his own only to connect him with the present case on the directions of senior officers. Witness has further denied the suggestion that accused Asif was lifted from his house at Village Ajrala, District Meerut, UP after which he was illegally detained and in order to justify his illegal detention or that the katta and motorcycle were planted upon him in order to connect him with the present case on the directions St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 174 of the senior officers. Witness has denied the suggestion that all documents were prepared while sitting in the Police Station and he merely signed the same on the asking of the senior officers. (131) PW58 Ct. Desh Raj has deposed that on the intervening night of 1819.1.2013 he was on patrolling duty with ACP Sh. Jasmeet Singh and at about 12:00 midnight he along with ACP Jasmeet Singh left for patrolling in qualis vehicle bearing No. DL1CH9802 alongwith other staff. According to the witness, the vehicle was being driven by HC Chela Ram, he was sitting on the back seat having AK 47 Rifle. The witness has testified that ACP Jasmeet Singh was sitting on the middle seat whereas he alongwith Ct. Jagtender Singh of Civil Defence was sitting on rear seat. He has also deposed that after sometime driver Ct. Chela Ram told that he was having pain in his hand and therefore on the instruction of ACP Ct. Jagtender started driving the vehicle. The witness has testified that Ct. Chela Ram replaced the seat with Ct. Jagtender while patrolling when they reached at Manav Chowk Rohini at about 2.00 AM an information was received on wireless set that some miscreants had taken buffaloes from Dividing Road of Sector1617 in vehicle and they had also fired pursuant to which they all reached at KN Katju Marg where they found a cream coloured tempo TATA 407 coming from the side of Outer Ring Road near Sachdeva School which was being chased by ACP Alipur in his Gypsy. He has further deposed that they also followed them and found that fourfive boys from the offending vehicle St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 175 were firing on the police vehicle from back portion of the tempo. The witness has also deposed that ACP Jasmeet Singh had taken glock pistol from HC Rakesh Kumar and fired from the right side window of their vehicle. He has further deposed that on reaching Ring Road the said boys turned their tempo towards right side which was being driven by the driver in a very high speed and in Zig Zag manner. According to the witness, on the instructions of ACP Jasmeet Singh Ct. Rakesh fired from his AK 47 Rifle at Madhuban Chowk while crossing the underpass which struck against the rear left tyre but the said offending tempo was continuously racing. He has also deposed that after a chase till Deepali Chowk they found another tempo TATA 407 but the offending vehicle turned towards Rani Bagh and the aforesaid police vehicle TATA 407 started chasing the offending vehicle. The witness has further deposed that the Gypsy of ACP Alipur stopped on one side of the road but the boys were continuously firing and pelting stones on the police party. He has also deposed that the offending vehicle turned towards left side on T Point and hit against the police barricade and did not stop. The witness has further deposed that ACP Jasmeet Singh again fired but the offending vehicle again turned towards left side on Mahendra Park Chowk and during the process the firing and pelting of stones was continued on police party from the offending vehicle. According to him, when the offending vehicle reached at Lok Vihar near Pitam Pura at about 2.30 AM the left tyre of the offending vehicle was severed from the rim as a St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 176 result of which the offending vehicle could not escape and stopped at some distance near the Jheela Wala Park. He has testified that the offending vehicle was having the number plate bearing No. HR38 AS2616 and was found to be containing cows and buffaloes. The witness has further deposed that about seveneight boys got down from the offending vehicle and started running. According to him, their vehicle stopped on the right side of the offending vehicle and he apprehended one of those boys whose name he does not remember. The witness has testified that he was taken to hospital in the police Gypsy and four other boys were apprehended by other police officials. He has also deposed that thereafter Ct. Rakesh Kumar handed over AK 47 Rifle to alongwith eight live cartridges which he got deposited in the Malkhana and his statement was recorded by the Investigating Officer. The witness has correctly identified the accused in the Court. (132) In his crossexamination by the Ld. Defence Counsel the witness has deposed that he cannot tell about the number of police vehicles chasing the offending vehicle and has voluntarily explained that many vehicle were chasing the offending vehicle. According to the witness, he can only tell the description about their vehicle, vehicle of ACP Alipur and the tempo TATA 407 pertaining to accused persons and one another police vehicle. He has also deposed that ACP Jasmeet Singh fired thrice in his presence. He has explained that there was not much rush on the road as it was late night. The witness has testified that they St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 177 started chasing the offending vehicle from KN Katju Marg. He has also deposed that he took twenty cartridges from the Malkhana when they left the Police Station. He does not remember the time when he left the spot, he cannot tell the exact duration of his stay at the spot. The witness has further deposed that Ct. Rakesh left the spot with him. He is not aware if any official from their vehicle left the spot prior to him. He has also deposed that their vehicle was just behind the offending vehicle while chasing he cannot tell exactly as to who ran against which accused to apprehended them. The witness has testified that he did not see as to who was the driver of the offending vehicle nor he noticed whether any other police official had come to the spot apart from the police officials in the chasing vehicles. He has denied the suggestion that he did not take part in the investigation of this case or that he has been cited as a witness in this case later on or that he did not apprehend any accused. (133) PW59 Ct. Amit has deposed that on the intervening night of 18/19.01.2013 he was posted at Police Station Narela as Constable and was on duty along with SHO Inspector Abhinender Jain as the Driver of his official vehicle and after the briefing at the DCP office at Pitampura, while they were returning towards the Police Station via Barwala, a wireless message was being flashed that some thieves were lifting cattle/ cows from the area of KN Katju Marg. According to the witness while they went a little ahead at Barala village the SHO directed him to turn back the vehicle and follow the directions being received in the wireless St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 178 set with regard the movement of offending tempo on which he turned the vehicle towards Jheel Wala Park as per the message being flashed in the wireless and when they reached Jheel Wala Park they found a cream coloured TATA 407 tempo which had hit the footpath and there were large number of vehicles of Delhi police and officials in the area. Witness has further deposed that he remained in the vehicle while the SHO moved out and after some time Ct. Balkar came to him along with the SHO who told them that Ct. Balkar had received a bullet injuries on which he was directed by Inspector Abhinender Jain to shift him to Bhagwan Mahavir Hospital on which he along with Ct. Dharmender shifted Ct. Balkar to Bhagwan Mahavir Hospital where he was provided Medical treatment. Witness has further deposed that the dress which he was wearing was also seized by the doctor and thereafter he along with Ct. Dharmender and Ct. Balkar returned to Police Station where his statement was recorded by the investigating officer and he was relieved. (134) In his cross examination by Ld. Defence counsel, witness has deposed that he does not recollect the exact time when they started from the spot for Bhagwan Mahavir Hospital and has voluntarily explained that it was within five minutes of their reaching the Jheel Wala Park. According to the witness, he did not tell the Investigating Officer while recording his statement under Section 161 Cr.P.C that SHO had asked him to shift Ct. Balkar to the hospital. Witness has denied the suggestion that he had never gone to the spot and the entire story of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 179 taking Ct. Balkar to the hospital was created much later on the directions of the senior officers.
(135) PW60 Ct. Balkar Singh has deposed that on the intervening night of 1819.1.2013 he was posted as Constable at Police Station Narela and was on duty as a Driver on the official vehicle bearing No. DL ICJ7412 of ACP Sh. Rajiv Ranjan Singh along with the operator Ct. Ankit who at that time was carrying a pistol of 9 mm duly loaded. Witness has further deposed that at around 2:00 AM at night a wireless message was received that a cattle theft had taken place at the dividing road of Sector 1617, Rohini and had even fired after committing theft. According to the witness at that time their position was at Shahbad Daulatpur Road and while searching for the offending vehicle they reached to KN Katju Marg where they saw a cream coloured Tata 407 vehicle driven at very high speed in the directions of Outer Ring Road which was loaded with cows and buffaloes. Witness has further deposed that ACP asked them to intercept the vehicle on which he tried to overtake the vehicle but the said tempo was moving at a fast speed and the Operator Ct. Ankit who was sitting on the back seat signaled to the said vehicle by putting out his hand but they still over took their vehicle. Witness has further deposed that they kept on chasing the said Tata 407 bearing no. HR 38AS 2616 and in the meanwhile Ct. Ankit flashed the wireless message regarding the same. He has deposed that while they were chasing the said vehicle the persons sitting in the Tata 407 started St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 180 pelting stones on them and also fired upon them on which ACP Sh. Rajiv Ranjan Singh also took the pistol from Ct. Ankit and fired on the tyre of the offending Tata 407 vehicle but the said fires missed. While they were chasing the said offending vehicle and reached near the Sachdeva School, the official vehicle of ACP Sultanpuri also joined the chase but the said persons kept on firing and pelting stones from the offending vehicle. (136) Witness has further deposed that on Red Light of the Outer Ring Road the said Tata 407 jumped the red light and dangerously turned towards Madhuban Chowk did not stop despite the firing. After the offending vehicle crossed Madhuban Chowk underpass the persons sitting on the conductor seat of the tempo aimed towards their vehicle and fired on them as a result of which the said fire hit the wind screen of their gypsy and hit him on his right shoulder on which he received injuries. He has also deposed that despite the injury he kept on driving the official gypsy and at Deepali Chowk another police vehicle make Tata 407 joined the chase and the offending vehicle turned towards Haryana Maitri Bhawan and kept firing on the police vehicles following them. Witness has further deposed that after they turned left from Deepali Chowk his ACP asked him to stop the vehicle and shifted him on the back seat of the gypsy because of his injuries and the driver seat was then taken over by operator Ct. Ankit. He has testified that thereafter they again resumed the chase and went towards the direction in which the offending Tata 407 had gone i.e. towards Haryana Maitri Bhawan and when they reached St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 181 there they saw a broken barricade. He has also deposed that when they reached near the Bikaner Sweets they again spotted the offending vehicle being chased by the police vehicles which turned towards the Jheel Wala Park and then hit the footpath and stopped because its tyre had burst. Witness has further deposed that while he was on the back seat injured he saw that some persons had jumped from the offending vehicle and ran towards Jheel Wala Park and ACP Sh. Rajiv Ranjan and Ct. Ankit ran towards these boys along with other police officials from other vehicles. According to the witness at the place where ACP Rajiv Ranjan was sitting he noticed two missed fired rounds and four empty cartridge cases lying on the footrest in front of the seat next to the driver seat where Sh. Rajiv Ranjan was sitting. Witness has further deposed that while he was still in the official vehicle the driver and operator of SHO Police Station Narela spotted him in an injured condition and he informed them that he had received a bullet injury on which they shifted him to Bhagwan Mahavir Hospital where he was provided treatment. He has testified that the doctor also seized the official shirt and civil jacket which he was wearing at that time and his statement was recorded by the Investigating Officer on 21.1.2013.
(137) In his cross examination by Ld. Defence counsel, witness has deposed that they reached KN Katju Marg at the spot at 2:20 AM and they reached the Jheel Wala Park at about 2:30 AM. According to the witness he was shifted to the hospital within 1015 minutes but he does St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 182 not recollect the exact time. He has also deposed that he cannot identify any of the accused. Witness has denied the suggestion that he was not involved in any chase of accused persons or that the injuries on his shoulder were self inflicted on the directions of senior police officers for the purpose of taking revenge on an incident of death of a police officer at Police Station Bharat Nagar. He has also denied the suggestion that the entire incident has been created.
(138) PW61 Sh. Kumar Gyanesh has deposed that on 04.01.2014 he was posted as DCP Crime Branch and on that day the file regarding the according the Sanction of 39 of Arms Act in relation to the accused Sanwar, Hasrat, Anwar and Yakub was placed before him by Inspector Sushil Kumar, Investigating Officer. According to the witness after going through the copy of the charge sheet, the statements of the witnesses, seizure memos, FSL reports, sketches of the various firearms and other documents placed on the charge sheet which he carefully perused and after being satisfied he accorded the sanction U/s 39 of the Arms Act for prosecution of the accused Sanwar, S/o Ibrahim, R/o Village Nahal, Police Station Masoori, district Ghaziabad, UP, Hasrat, S/o Yusuf, R/o Vilalge Nahal, Police Station Masoori, district Ghaziabad, UP, Anwar, S/o Tassawar, R/o Village Nahal, Police Station Masoori, District Ghaziabad, UP and Yakub(deceased), S/o Not Known, R/o unknown which Sanction is Ex.PW61/A bearing his signatures at point A. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 183 (139) In his cross examination by Ld. Defence counsels, witness has deposed that the firearms were not produced before him at the time he accorded the sanction and at the time of according the sanction he was aware that Yakub had expired. Witness has denied the suggestion that he has accorded the sanction without application of mind in a routine manner.
(140) PW62 Ct. Umesh has deposed that on the intervening night of 1819.01.2013 he was posted at Police Station Mangol Puri and on that night he along with SI Mukesh Antil, Ct. Jitender and HC Jaipal were on patrolling duty in TATA 407, Government Tempo. According to the witness, HC Jaipal was having a government pistol of 9 mm, Ct. Jitender was having an INSAS Rifle and he (witness) himself was having INSAS Rifle with five live cartridges. He has also deposed that during patrolling when they reached near Peeragarhi Flyover at about 2:00 AM, SHO Police Station Mangolpuri had received a WT message that some miscreants/ boys had taken away the cows from the dividing road from Sector 1617, Rohini and they had also fired and could be apprehended if stopped. The witness has further deposed that on receipt of this information, they all left for Deepali Chowk in the same vehicle. He has also deposed that Ct. Vijay was driving the vehicle, SI Mukesh Antil was sitting on the front side whereas he along with Ct. Jitender and HC Jaipal were sitting on the rear seat in the body of tempo which tempo was covered with Tripal and it was torn at some place. He has testified that St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 184 when they reached at Deepali Chowk, one cream color tempo came at a very fast speed from Madhuban Chowk and rushed towards Rani Bagh after taking turn towards left side and was being chased by the ACP Sultan Puri in his Qualis and ACP Alipur in a gypsy on which they also followed them. According to him, they found fourfive boys in the offending vehicle who were continuously firing and pelting stones on the police vehicles and after some distance, the gypsy of ACP Alipur stopped on the side of the road. He has also deposed that the offending vehicle took a turn at the T Point and struck against the police barricade and continued to rush away. The witness has testified that during this process Ct. Jitender fired from his INSAS Rifle from the side side of their vehicle towards the offending vehicle. According to him, HC Jaipal had also fired from left side with his government pistol to stop the offending vehicle on which the offending vehicle took turn towards Ashiana Chowk at T Point Mahendra Park. He has further deposed that the offending vehicle was also being chased by other vehicles of the police and during this period there was continuous firing from the offending vehicle. The witness has further deposed that when they reached at Lok Vihar Jheel Wala Park at 2:30 PM the left wheel of the offending vehicle severed from the vehicle and stopped. He has testified that in this process the offending vehicle bearing No. HR38AS2616 became slow and stopped at some distance near pavement. The witness has further deposed that when they got down from their vehicle, they found four boys started St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 185 running after coming out from the offending vehicle and tried to jump the wall. He has testified that SI Mukesh Antil, HC Jaipal and Ct. Jitender apprehended one boy whose name was known as Sanwar and remaining three boys succeeded in running away after jumping the wall. The witness has testified that on checking they found the tempo containing three cows, one buffalo and one calf. He has also deposed that the remaining three boys were apprehended by the other staff whose name were known as Anwar, Khalid and Ankur. He has further deposed that they found another boy inside the offending vehicle in injured condition whose name was known as Yakub. According to him, ATO Police Station Mangol Puri along with Ct. Ravinder and other staff also came there and he and Ct. Ravinder took Yakub to hospital in PCR van. The witness has also deposed that the arms and ammunition were recovered from the offending vehicle and his statement was recorded by the Investigating Officer. He has correctly identified the accused Sanwar, Anwar, Khalid and Ankur in the Court.
(141) In his crossexamination by the Ld. Defence Counsels the witness has deposed that they left the Police Station after making the departure entry but he does not remember its number. According to the witness they covered the are of PhaseI, Mangol Puri till 2:00 AM. He has testified that the information was conveyed to all of them by SI Mukesh Antil. The witness has further deposed that his signatures were not taken on any of the document. He is not aware as to what document St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 186 was prepared by the Investigating Officer at the spot. He has also deposed that he stayed at the spot for about 1520 minutes. He is unable to tell the speed of the offending vehicle and has stated that about 1520 police vehicles came to the spot. According to him, his statement was recorded by the Investigating Officer on 21.1.2013 at the office of the Crime Branch. He has denied the suggestion that he did not join the investigation at any point of time and that is why his signatures was not obtained on any of the documents prepared by the Investigating Officer. He has denied the suggestion that on 21.1.2013 his statement was recorded by the Investigating Officer of his own or that he has been falsely cited as a witness in this case.
(142) PW63 HC Parveen Kumar has deposed that on the intervening night of 18/19.01.2013 he was posted at Police Station K.N. Katju Marg and on that day he was on QRT duty in the area of Police Station K. N. Katju Marg and was on patrolling in the area along with the SHO Police Station K.N. Katju Marg Inspector A.S. Negi and was following his official gypsy in their QRT. According to the witness HC Major Singh, Ct. Ramesh and Ct. Satender was with him and at around 2:00 AM they received a message on the set about the cattle theft at Sector 1617 Dividing Road and the message continued regularly on the set. He has testified that the SHO who was in the vehicle in front of them directed them to follow the message and reach the place where the offending vehicle i.e. Tempo TATA 407 was moving. According to him, St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 187 they then reached Deepali Chowk and turned towards Haryana Maitri Bhawan where they found a broken barricade on the road and then reached Mahendera Park, T Point and turn right towards Lok Vihar Jheel Wala Park where they found large number of police vehicles and a cream colored TATA 407 bearing No. HR38AS2616 whose tyre was burst. According to the witness they found three cows, one calf and one buffalo in the said vehicle and on the left side of the body of the tempo/ dala one injured person was also lying. He has testified that they also came to know that some persons had jumped from the tempo and run away but police staff had chased and caught four of them. According to him, said four persons were present at the spot along with the police officials and in his presence they were interrogated. He has also deposed that one of them disclosed his name as Ankur and others were Anwar, Sanwar and Khalid. The witness has further deposed that since Ankur was injured the senior officers handed over this accused to him and directed him to take him to Bhagwan Mahavir Hospital for treatment along with Ct. Ramesh and the official driver put Ankur in the vehicle and thereafter took him to Bhagwan Mahavir Hospital and got him admitted for treatment. He has also deposed that in the evening of 19.01.2013 at 4 PM Ankur was handed over to Inspector Om Dutt Vats in the hospital while he returned to the Police Station where his statement was recorded. The witness has correctly identified the accused Ankur, Anwar, Sanwar and Khalid in the Court.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 188 (143) In his cross examination by Ld. Defence counsels, witness has admitted that in his presence nobody was apprehended and he was only handed over Ankur when he reached the spot. Witness has further deposed that they were not following the vehicle but only following the directions in the wireless message on which they reached the Jheel Wala Park and therefore he cannot tell anything about the actual incident. He is unable to tell if there were any skid or other marks on the road showing that the tyre had burst and the tempo were present on its rims and has voluntarily explained that he only reached the spot later and saw the tempo with burst tyre and tilted on one side. Witness has denied the suggestion that Ankur was not apprehended at the spot itself or that he was lifted from his house and implicated in the present case. Witness has also denied the suggestion that the entire incident has been stage managed.
(144) PW64 Ct. Satender has deposed that on the intervening night of 1819.1.2013 he was posted at Police Station Rani Bagh and he along with Ct. Pushpender were checking the vehicles at Haryana Maitri Bhawan Picket between 11:00 PM to 7:00 AM. According to the witness, at about 12:00 night PCR Van also came there and the Incharge HC Babu Ram joined them. He has testified that at about 2:25 AM during checking one cream coloured Tata tempo 407 came there from Deepali Chowk suddenly and they heard the noise of firing and they also found the police vehicles chasing one tempo. The witness has further deposed St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 189 that he got suspicion and blocked the road by fixing the barricades in order to slow down the speed of the vehicle. He has also deposed that a tempo bearing No. HR38AS2616 came at a very fast speed and hit against the barricades and ran towards Mahendra Park side and he saved himself by jumping towards the pavement. He has testified that he found that one person sitting in the cabin of the offending vehicle who was firing on the police vehicle and police officials were also finding towards the offending vehicle in order to save them. The witness has further deposed that HC Babu Ram, an official of the PCR had flashed a message on which he (witness) also followed the police officials in chasing the offending vehicle. According to him, they found some cows, buffaloes in the offending vehicle and also saw fourfive boys in the offending vehicle who were pelting stones and firing on the police officials. He has further deposed that in this process they had seen many police vehicles chasing the offending vehicle and after some time Inspector Om Dutt along with his staff came there and took the barricade into possession and his statement was recorded by the Investigating Officer.
(145) In his crossexamination by the Ld. Defence Counsels the witness has deposed that he had made departure entry while leaving the Police Station on 1819.1.2013 for checking the vehicle at Haryana Maitri Bhawan but he is not aware the DD number. He is also not aware the District Number of the PCR Van. He has also deposed that traffic was St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 190 going on prior to reaching the offending vehicle and the police vehicles. According to him, the speed of the offending vehicle was about 5060 KM per hour and has voluntarily explained that it was at a very fast speed. He has testified that he could not count the number of the police vehicles chasing the offending vehicle and has explained that they might have been about 20 in number. The witness has also deposed that he personally did not see the firing from the side of accused persons as well as police officials and has voluntarily explained that he only heard the voice of firing and therefore got suspicion. According to the witness, he saw the offending vehicle from a distance of 6070 meters from the barricades when it took a turn towards them. He has explained that he heard the voice of firing before the offending vehicle took a turn towards them and has further explained that he saw fourfive boys on the back side of tempo. The witness has further testified that he did not go to the spot and has explained that he remained present at the point of barricade. He has denied the suggestion that he was not present at the barricade and therefore his statement was not recorded immediately after the incident. The witness has also denied the suggestion that he has been falsely cited as a witness in this case.
(146) PW65 SI Ramesh Sharma has deposed that on 20.01.2013 he was posted at Special Team Crime Branch Parshant Vihar and on that day on the directions of ACP Sh. M.C. Katoch he had reached village Nahal for collecting and developing regarding the accused Tasleem who St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 191 was absconding. According to the witness, he along with HC Virender, HC Lalit, Ct. Saleemudin went to village Nahal, District Ghaziabad, UP where they got a secret information that the accused Tasleem was admitted in Jagdamaba Hospital, Hapur Road, Meerut in a different name on which he communicated this information to ACP Sh. M.C. Katoch after which he was told by the ACP to remain at Meerut Chungi/ toll point while he was sending one Jagtender Singh for identification of Tasleem. Witness has further deposed that he then went to Meerut toll point and at 4:30 PM Jagtender Singh came from Delhi and joined the police team after which they along with Jagtender Singh went to Hapur Road. Witness has further deposed that on reaching the hospital they found three persons coming out from the hospital, one of whom was injured with a plaster on his leg on which Jagtender pointed out towards the injured as one of the persons involved in the incident on 1819.01.2013 and as the person who had jumped from the driver side of the tempo TATA 407 and was followed by him and his ACP on which his ACP had also fired on him by pointing on his leg but he managed to escape. Witness has further deposed that he immediately apprehended the said boy and on interrogation his name was disclosed as Tasleem and also disclosed that the two boys accompanying him were his brother in laws (salas) whose names were Shabad and Mehtab. Witness has further deposed that he then interrogated Tasleem at length on which he admitted his involvement in the incident on the intervening night of 18/19.01.2013 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 192 and he then prepared his arrest memo which is Ex.PW9/A and conducted his personal search which is Ex.PW9/B. Witness has further deposed that his search had revealed a mobile phone and the scanned copy of the driving licence which he took into possession after which he checked the mobile phone and noted down the IMEI number i.e. 352870054669684 and 352870054669692 and other details i.e. SIM No. 8449114151 in the seizure memo but the mobile was not put in any pullanda for the purposes of investigations. He has proved the seizure memo of the same which is Ex.PW65/A. Witness has further deposed that thereafter he collected the documents from Jagdamba hospital regarding the treatment of Tasleem who had got himself admitted in the Jagdamba hospital under the name of Wasim which papers are Ex.PW30/A and Ex.PW30/B. Witness has further deposed that thereafter he recorded the statement of Jagtender and relieved him from the spot and they returned to Delhi along with accused Tasleem and after reaching the office of special team at Parshant Vihar he recorded the statements of HC Virender and HC Lalit and relieved them. Witness has further deposed that the accused Tasleem and all the documents were then handed over to Inspector Sushil Kumar, the Investigating Officer of the case.
(147) The witness has correctly identified the accused Tasleem in the Court and also the case property i.e. mobile phone make NOKIA of black grey color having IMEI No. 352870/05/466968/4 and 352870/05/466969/2 having SIM of IDEA as the same which were St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 193 recovered from the possession of accused Tasleem, which is Ex.P47 and one scanned copy of the driving licence in the name of Tasleem, S/o Sh. Mursleen which is Ex.P48.
(148) In his cross examination by the Ld. Defence counsels, witness has deposed that he had reached the village Nahal at about 1:30 PM and reached at Jagdamba hospital at about 5:15 PM. According to the witness, they did not meet any police official who was on duty at Jagdamba hospital. Witness has denied the suggestion that they never reached Jagdamba Hospital and it is for this reason that they did not meet any police official at Jagdama hospital. Witness has also denied the suggestion that the accused Tasleem was lifted from his house and not arrested from Jagdama hospital. Witness has also denied the suggestion that Tasleem was injured by them after apprehending him from his house to falsely implicate him in the present case or that they never went to the hospital and that is why no staff person was made witness by him in the present case. Witness has denied the suggestion that the signatures of various witnesses were obtained by him while sitting in Police Station on the arrest memo, body inspection memo and personal search memo for the purpose to plant the said witnesses in the present case as a eye witness. He has testified that he had not given any information to the local Police Station about the arrest of the accused Tasleem. Witness has denied the suggestion that the accused Tasleem was illegally lifted from his house and detained and falsely implicated in the present case or that St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 194 the accused was lifted from the house due to which reason the signatures of his relatives are present on the various documents. (149) PW66 Ct. Satish Kumar has deposed that on the intervening night of 1819.1.2013 he was posted at Police Station Kanjhawla and on that day he was working as a Driver on the Government Gypsy with SHO Arvind Kumar. According to the witness at about 2:05 AM he along with SHO Arvind Kumar and Ct. Manipal the Wireless Operator were going to Police Station Kanjhawla from office of DCP. He has testified that the SHO received an information on the wireless set that one tempo had lifted cows from the area of KN Katju Marg and the offending vehicle was going towards Madhuban Chowk on Outer Ring Road which can be apprehended if chased. He has further deposed that on the directions of the SHO he drove the Gypsy at Madhuban Chowk and during this period the SHO was having the information regarding location of the offending vehicle on his wireless set. He has also deposed that on the directions of the SHO he drove the Gypsy to Haryana Maitri Bhawan via Deepali Chowk and reached at Road No. 44, Jheel Wala Park after taking turn from left side, Mahendra Park where they found a tempo of cream colour which was parked after hitting the pavement and they came to know that four boys have been apprehended by the police officials. According to him, the tempo was surrounded by police officials and he also parked the Gypsy behind them after which SHO Arvind Kumar and other staff got down from their St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 195 Gypsy. The witness has testified that he along with Ct. Mahipal took one accused namely Anwar to Bhagwan Mahavir Hospital where they handed over the accused Anwar to the Duty Constable after which they came back to the spot and he took the SHO to the Police Station. The witness has correctly identified the accused Anwar in the Court. (150) In his crossexamination by the Ld. Defence Counsels the witness has deposed that they reached the spot at about 2:30 AM and they found sixseven police vehicles at the spot. According to the witness, he did not notice any skid marks on the road prior to taking the accused to hospital. He is unable to tell the name of the police officials who handed over the accused Anwar to him and has voluntarily explained that many police officials brought the accused to him. He is unable to give the number of any vehicle stationed at the spot nor can he tell the number of the offending vehicle. The witness has further deposed that he had parked his vehicle at a distance of about 50 meters from the spot and therefore he did not notice about the number of animals in the tempo. He is also unable to tell the description of the arms and other articles recovered from any vehicle at the spot. He has also deposed that he stayed at the spot for about ten minutes and the accused Anwar was handed over to him at about 2:00 or 2:30 AM. He has denied the suggestion that he did not take part in the investigation of this case or that he was not present at the spot and that is why his signatures were not taken on any document.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 196 (151) PW67 HC Ankit has deposed that on the intervening night of 18/19.01.2014 he was posted at Police Station Narela and on that day he was on duty as a operator on the official vehicle bearing No. DLICJ7412 of ACP Sh. Rajiv Ranjan Singh along with the driver Ct. Balkar and at that time he was carrying a pistol of 9 mm duly loaded. Witness has further deposed that at around 2:00 AM at night a wireless message was received that a cattle theft had taken place at the dividing road of Sector 1617, Rohini and the thieves had fired after committing theft. According to the witness at that time their position was at Shahbad Daulatpur Road and while searching for the offending vehicle they reached to KN Katju Marg where they saw a cream colored Tata 407 vehicle being driven at a very high speed in the directions of Outer Ring Road. Witness has further deposed that the same was loaded with cows and buffaloes and the ACP asked them to intercept the vehicle on which Ct. Balkar tried to overtake the vehicle but the said tempo was moving at a fast speed. Witness has further deposed that he was sitting on the back seat and signaled to the said vehicle by putting out his hand but they still over took their vehicle. According to the witness they kept on chasing the said Tata 407 bearing no. HR 38AS 2616 and in the meanwhile he flashed the wireless message regarding the same. While they were chasing the said vehicle the persons sitting in the Tata 407 started pelting stones on them and also fired upon them. Witness has also deposed that ACP Sh. Rajiv Ranjan Singh also took the pistol from him and fired on the tyre of the offending Tata 407 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 197 vehicle but the said fires missed. He has also deposed that while they were chasing the said offending vehicle and reached near the Sachdeva School, the official vehicle of ACP Sultanpuri also joined the chase but the said persons kept on firing and pelting stones from the offending vehicle. He has testified that on Red Light of Outer Ring Road the said Tata 407 jumped the red light and dangerously turned towards Madhuban Chowk and despite the firing did not stop. He has further deposed that after the offending vehicle crossed the Madhuban Chowk underpass the persons sitting on the conductor seat of the tempo aim towards their vehicle and fired on them as a result of which, the said fire hit the wind screen of their gypsy and hit Ct. Balkar on his right shoulder and he received injuries. According to the witness despite the injury Ct. Balkar kept on driving the official gypsy and at Deepali Chowk another police vehicle make Tata 407 joined the chase and then the offending vehicle turned towards Haryana Maitri Bhawan they kept firing on the police vehicles following them. Witness has further deposed that after they turned left from Deepali Chowk his ACP asked Ct. Balkar to stop the vehicle and shifted him on the back seat of the gypsy because of his injuries and the driver seat was then taken over by him. He has also deposed that thereafter they again resumed the chase and went towards the direction in which the offending Tata 407 had gone i.e. on the left side of the TPoint towards Haryana Maitri Bhawan. The witness has further testified that when they reached there they saw a broken barricade St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 198 after which they went towards the Britannia side and when they reached near the Bikaner Sweets they again spotted the offending vehicle being chased by the police vehicles which turned towards the Jheel Wala Park and then hit the footpath and stopped because its tyre had busted. The witness has also deposed that there some persons jumped from the offending vehicle and ran towards Jheel Wala Park on which he and ACP Sh. Rajiv Ranjan ran towards these boys. According to the witness one boy was running towards the right side divider and he along with ACP Sh. Rajeev Ranjan chased after him on which they were able to apprehend him with the help of PCR Staff who came from the front side. Witness has further deposed that after the said boy was apprehended he was interrogated by ACP Sh. Rajeev Ranjan and he disclosed his name as Ankur, whom the witness has correctly identified in the Court. According to the witness, thereafter the said boy was handed over to the other police officials while he remained there and large number of documents were prepared. According to the witness three cows, one buffalo and one calf were present in the offending TATA 407 where he remained there at the spot for very short time with the ACP and his statement was recorded much later on 21.01.2013. (152) In his cross examination by Ld. Defence counsels, witness has deposed that they reached KN Katju Marg at 2:20 AM and they reached the Jheel Wala Park at about 2:30 AM. He has also deposed that some other boys were also apprehended by the police staff at the spot. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 199 Witness has further deposed that there might have been threefour other boys but he is unable to tell the details. He has also admitted that he did not sign any documents at the spot. According to the witness he did not shift Ct. Balkar to the hospital and also did not notice from which side of the vehicle the accused Ankur had jumped. Witness has denied the suggestion that he was unable to give the details because Ankur was not apprehended at the spot itself or that he was lifted from his house and implicated in the present case. Witness has also denied the suggestion that he was not involved in any chase of the accused persons or that the injuries on the shoulder of Ct. Balkar were self inflicted on the directions of senior police officers for the purposes of taking revenge on an incident of death of a police officer at Police Station Bharat Nagar. Witness has denied the suggestion that the entire incident has been stage managed. (153) PW68 HC Umesh Kumar has deposed that on the intervening night of 18/19.01.2013 he was on duty from 8PM to 8AM at control room Outer District at DM Net as Operator and on that day he entered all communications in his log book during his duty hours at DM Net. According to the witness he handed over the copy of his log book to the Investigating Officer, copies of which entries in log book are Ex.PW68/A running into nine pages.
(154) In his cross examination by Ld. Defence counsels witness has denied the suggestion that the entries made in the log book have been done on asking of senior officers or that all the entries regarding the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 200 present case in the log book are manipulated just to falsely implicate the accused persons. Witness has denied the suggestion that entries are manipulated that is why there are cuttings and overwritings on page no. 141, 142, 144 etc. and has voluntarily added that the said cutting and overwriting are due to fast writing.
(155) PW69 HC Ramesh Kumar has deposed that on 20.01.2013 he was posted in Special Team, Crime Branch, Parshant Vihar and on that day SI Ramesh Sharma had produced one accused namely Mohd. Tasleem who was arrested by him earlier before him. According to the witness he was having bandage on the right foot and Inspector Susheel Kumar interrogated him and during his interrogation he made his disclosure statement regarding his involvement in the present case which is Ex.PW69/A. Witness has further deposed that he had disclosed in his disclosure statement that he along with his associates Mohd. Sanwar, Khalid, Mohd. Anwar, Ankur, Yakub, Asif and Hasrat were present in tempo No. HR38AS2616 in which he (Tasleem) was driver and further disclosed that when the tyre of the tempo burst when he ran away leaving the tempo and while he was running he got bullet injury on his right foot. He has testified that he had further disclosed regarding his involvement in the incident happened at Shyam Lal college, Shakurpur, Mukundpur and Yamuna Khadar, Daryaganj. According to the witness his statement was recorded by the Investigating Officer on the same day. The witness has further deposed that on 30.01.2013 he again joined the investigations of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 201 this case and on that day he along with SI Susheel Kumar, SI Rakesh Kumar, HC Mukesh Tyagi reached at Seelampur Metro Station in a Government Gypsy bearing No. DL1CM4229 where secret informer met them who informed them that a person namely Hasrat was about to come. Witness has further testified that at about 6:20 AM one person came there and the secret informer had pointed out towards him as Hasrat and on the pointing out of secret informer they apprehended the said person and interrogated him. Witness has further deposed that he was brought to their office where he was throughly interrogated and during his interrogation he admitted his guilt. According to the witness Hasrat was arrested in this case vide memo Ex.PW69/B and his disclosure statement was also recorded separately which is Ex.PW69/C. (156) According to the witness, on 19.02.2013 he again joined the investigations in this case and on that day he along with Inspector Suhseel Kumar went to Rohini Court where the coaccused Asif was produced in muffled face from Judicial Custody. He has also deposed that after taking permission from the Hon'ble Court Asif was arrested in this case formally vide memo Ex.PW69/D and his disclosure statement was also recorded vide Ex.PW69/E after which the accused was produced before Ld. ACMM for TIP in which the accused Mohd. Asif refused to participate. Witness has further deposed that thereafter the police remand of accused Asif for three days was taken and he was taken to BSA hospital for his medical examination. He has also deposed that on St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 202 20.02.2013 he again joined the investigations with the Investigating Officer when the accused Asif was again interrogated and he made his disclosure statement Ex.PW69/F. He has further deposed that on 04.03.2013 he along with Inspector Susheel Kumar and SI Rakesh Kumar reached at FSL Rohini and met Dr. Puneet Puri who handed over exhibits in six pouches which were duly sealed with the seal of SKH which were recovered from offending vehicle TATA 407 and three police vehicles. He has also deposed that Investigating Officer took the same into possession vide seizure memo Ex.PW69/G and his statement was recorded by the Investigating Officer on that day also. According to the witness, on 08.03.2013 he again joined the investigations along with Investigating Officer when he took two FSL form along with other documents from Investigating Officer Inspector Susheel Kumar and on his instructions he took them to Police Station Subhash Place and obtained the entire exhibits from MHC(M) HC Raj Kumar along with two FSL forms which were duly filled by Inspector Om Dutt. He has further deposed that thereafter he brought the entire exhibits and documents to FSL Rohini vide RC No. 39/21/13 and 40/21/13. The witness has clarified that he took fourteen exhibits vide RC No. 39/21/13 and took 39 exhibits vide RC No. 40/21/13 and got the same deposited at FSL Rohini and after obtaining the receipt from FSL he handed over the same to MHC(M) Police Station Subhash Place. Witness has further deposed that till the exhibits remained in his possession they were not tampered and his St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 203 statement was recorded by the Investigating Officer and he was relieved. The witness has correctly identified the accused Hasrat, Tasleem and Asif in the court.
(157) In his cross examination by Ld. Defence counsels, witness has deposed that Tasleem was interrogated in the office of Special Team, Crime Branch at Parshant Vihar and SI Ramesh Sharma had reached the office along with Tasleem at 9 PM. According to the witness he did not see any public person being joined in the interrogation of Tasleem nor he recollects about the same. Witness has further deposed that the interrogation of Tasleem took place for about 11 ½ hours and it was during this period that the disclosure statement of Tasleem was recorded. Witness has also deposed that the disclosure statement was typed on the computer by Inspector Susheel Kumar and Tasleem signed the hard copy after the same was read over by him. Witness has denied the suggestion that Tasleem is hardly fifth class passed and cannot read or write. He has further denied the suggestion that the disclosure statement of Tasleem was recorded by the Investigating Officer of his own and he was compelled to sign the same only to connect him with the offence. According to the witness, the secret information was recorded in the Roznamcha but Inspector Susheel Kumar had shared this information with ACP Sh. M.C. Katoch. He is unable to tell whether this information was shared in writing or orally and in his presence Investigating Officer did not join any public person in the raiding party when the secret St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 204 information relating to Hasrat was received nor any employee, security guard of Seelampur metro station was joined. Witness has further deposed that all writing work was done in the office of the special team at Parshant Vihar and they remained in Seelampur Metro station for about half an hour. According to the witness it took about three hours to interrogate Hasrat and no public person was joined during the interrogation of Hasrat. He does not recollect the exact time when disclosure statement of Hasrat was recorded and states that he did not see any public person being joined in the interrogation of Hasrat nor he recollects about the same. Witness has further deposed that the disclosure statement was typed on the computer by Inspector Susheel Kumar and Hasrat put his thumb impressions the hard copy after the same was read over to him and has voluntarily explained that he is totally illiterate. He has denied the suggestion that the disclosure statement of Hasrat was recorded by the Investigating Officer of his own and he was compelled to sign the same only to connect him with the offence. Witness has further denied the suggestion that Hasrat had been lifted from Magdoom Saha Dasna, Gaziabad and wrongly shown as apprehended from Jafrabad or that another person by the name of Hasrat S/o Iklas was also lifted from the village on 24.01.2013 but he was thereafter released. He has also denied the suggestion that accused Hasrat before this court is innocent and has been wrongly involved in the present case after leaving the other person by the same name of the same village. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 205 Witness has denied the suggestion that all the writing work was done while sitting in the office of special team and he merely signed the same in the office on the asking of the senior officers. Witness has further deposed that Asif was interrogated outside the court room for about one hour and no counsel, court staff, litigant or public person was joined during the interrogation of Asif. Witness has denied the suggestion that accused Asif did not make any disclosure statement or that the Investigating Officer had already brought the prepared text of the disclosure statement and compelled Asif to sign the same. Witness has further denied the suggestion that the photographs of Asif were taken in the office and he was also shown to the various witnesses who were police officials on account of which he had refused to participate in the TIP and has voluntarily explained that he had never been exposed to the witnesses. He has also admitted that no public person was joined during the time when the supplementary disclosure statement of Asif was recorded in the office of the special team. He has denied the suggestion that Asif did not make any supplementary disclosure statement or that the Investigating Officer recorded the same of his own and he merely signed the same on the asking of the senior officers. Witness has denied the suggestion that he was deposing falsely on the directions of the senior officers only to connect the accused persons with the present offence. (158) PW70 Inspector Sushil Kumar has deposed that on 20.01.2013 he was posted at Anti Snatching Cell and on that day the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 206 investigation of this case was handed over to him by the order of ACP. Witness has further deposed that he alongwith SI Rakesh Kumar, HC Mukesh Tyagi and HC Ramesh reached at Police Station Subhash Place where he met Inspector Om Dutt Vats who informed him about the facts of the case and handed over the case file and four arrested accused namely Anwar, Sanwar, Khalid and Ankur to him. According to the witness he met Jagtender Singh Volunteer of Civil Defence in the Police Station, who was a witness in this case and he was directed to report SI Ramesh Sharma, Crime Branch who was present in Meerut. Witness has further deposed that all the four accused persons were produced in the court and three days remand was sought and they were granted three days Police Custody Remand by the Ld. ACMM and were taken to the office of ASC. He has also deposed that at about 9.00 PM SI Ramesh Sharma produced accused Tasleem who was arrested on the pointing out of Mr. Jagtender Singh from Meerut Hospital. He has proved that the accused Tasleem was interrogated and arrested in this case vide memo Ex.PW9/A and his disclosure statement was recorded vide Ex.PW69/A. He has also deposed that on the next day i.e. on 21.01.2013 he requested for constitution of Medical Board for conducting the postmortem on the body of deceased Yakub. He has further deposed that the accused Tasleem was produced before the Ld. Court who was remanded to Police Custody for two days. According to him, on the next day i.e. 22.01.2013, the postmortem of the deceased Yakub was got conducted at MAMC by St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 207 the board and after postmortem, four exhibits sealed with the seal of hospital were handed over to him by the medical board along with the sample seal which he seized memo Ex.PW19/A. He has further deposed that during the postmortem entire proceeding was videographed and photographed after which the Videographer Ct. Sanjay handed over the cassettes to him which were seized by making a pullanda sealed with the seal of SKH vide seizure memo Ex.PW19/B. Witness has further deposed that all the pullandas were deposited in the Malkhana of the Police Station Subhash Place.
(159) The witness has further testified that on 23.01.2013 all the five accused persons namely Anwar, Sanwar, Khalid, Ankur and Tasleem were got medically examined from BSA Hospital and their blood sample in gauze was collected duly sealed with the seal of hospital which were seized vide memo Ex.PW19/C after which the accused persons were produced before the Ld. MM from where they were remanded to Judicial Custody. He has also deposed that on 29.01.2013 a secret information was received by him that the accused Hasrat would be visiting his relatives in Seelampur and there are chances that he would come at Metro Station Seelampur at about 6.00AM on the next morning i.e. on 30.01.2013. According to the witness the information was recorded in the DD diary and the senior officers were informed about the secret information received by him. He has further deposed that on 30.01.2013 a raiding party was constituted including himself, SI Rakesh Kumar, HC St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 208 Mukesh and HC Ramesh and reached at Metro Station Seelampur and at about 6.20AM accused Hasrat was apprehended who was taken to the office of Anti Snatching Cell where he was interrogated at length and arrested vide memo Ex.PW69/B and his disclosure statement was recorded vide Ex.PW69/C after which he was produced in the court. He has also deposed that he moved an application for TIP of the accused Hasrat but he refused to take part in the TIP and thereafter he was remanded to Police Custody for two days. According to the witness during the Police Custody remand SI Mukesh Antil happened to be in the office of Anti Snatching Cell and he identified the accused Hasrat and after completion of Police Custody Remand period, accused Hasrat was produced before the Ld. MM and he was remanded to Judicial Custody. (160) Witness has further deposed that on 16.02.2013 SI Amit of Police Station Badarpur informed about the arrest of accused Asif and on 19.02.2013 accused was produced in the Court of Ld. ACMM on production warrant and with due permission from the court he was interrogated and arrested vide memo Ex.PW69/D. According to the witness application for his TIP was moved by him before the court but the accused refused to participate in the TIP and thereafter he was remanded to three days Police Custody Remand. Witness has further deposed that during further investigation his supplementary disclosure statement was recorded vide Ex.PW69/F and during Police Custopdy remand his medical examined was got conducted from BSA Hospital and his blood St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 209 sample duly sealed with the seal of the hospital was seized vide memo Ex.PW19/D. He has testified that after expiry of Police Custody Remand period, the accused was produced before the Ld. MM from where he was remanded to Judicial Custody.
(161) Witness has further deposed that during further investigation of this case he collected the postmortem report and photographs of scene of crime and weapons used by police officials in the incident were seized vide seizure memo Ex.PW13/D and vide Ex.PW15/C. He has further deposed that during further investigation scaled site plan of the scene of crime was got prepared by the draftsman SI Mahesh Kumar. According to the witness all the vehicles involved in the incident were got mechanically examined by the Mechanical Inspector and statements of all the witnesses were recorded. Witness has further deposed that exhibits of this case were sent to FSL Rohini through HC Ramesh Kumar and he collected the FSL result which is Ex.PW47/A, Ex.PW49/A and Ex.PW49/B. He has also deposed that he collected the sanction U/s 39 of Arms Act from the DCP Crime which is Ex.PW61/A and he also collected the DNA finger printing report from FSL which is Ex.PW48/A and Ex.PW48/B. Witness has further deposed that he prepared the supplementary charge sheet and filed the same in the court. (162) In his cross examination by Ld. Defence counsels, witness has deposed that he reached Police Station Subhash Place at 9.00AM on St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 210 20.01.2013 and remained there till 2.00PM and he met Inspector Om Dutt Vats at about 10.00AM at Police Station Subhash Place. According to the witness he did not lodge any entry in Police Station Subhash Place. He has testified that Inspector Om Dutt Vats remained in Police Station Subhash Place for half an hour. He is unable to tell at what time Inspector Om Dutt Vats left the Police Station after he met him. Witness has denied the suggestion that he did not meet Inspector Om Dutt Vats in Police Station Subhash Place and that is why he was unable to tell whether he left the Police Station or not. Witness has further deposed that he never went to the house of any of the accused persons nor inquired from their neighbors about their presence on the date of the alleged incident as to whether the accused persons were present at their homes or not. According to the witness he did not recover any mobile from any accused during the investigation and no mobile was recovered from the accused by Inspector Om Dutt Vats and has voluntarily explained that only one mobile was recovered from accused Tasleem by SI Ramesh Sharma and the same was not recovered in his presence. Witness has further deposed that they tried to find out the location of the mobile phone on the night of alleged incident but the same was found switched off. Witness has denied the suggestion that no location was tried to be searched out and that is why the same has not been mentioned in the record of the present case. He has also denied the suggestion that the said mobile has been planted upon accused Tasleem to falsely St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 211 implicate him in the present case. He has further denied that no mobile was recovered from any of the accused because of the reason that they were aware that none of the accused was present at the spot or that if the location of the said mobile was traced out they would have been found at their respective homes or elsewhere and not at the place of the incident. Witness has further deposed that accused Tasleem was not arrested in his presence. According to him, the disclosure statement of Tasleem consisted of one page which was got prepared on computer. Witness has denied the suggestion that no disclosure statement was made by accused Tasleem or any other accused person. He has denied that he and Inspector Om Dutt Vats had written the alleged disclosure statements of their own or that accused Tasleem and other accused persons were forced to sign several blank papers which were later on converted into disclosure statements, pointing out memos, seizure memos, arrest memos etc. He has however admitted that no public witness was joined while recording the disclosure statement of accused Tasleem. The witness has also deposed that that he did not mention any detail of the secret informer in the DD entry. He has denied the suggestion that accused Hasrat was lifted from his sister's house. The witness has admitted that no official of Metro Station Seelampur was cited as a witness and at that time the CISF Staff has been deployed at every Metro Station including the Seelampur Metro Station and public persons remains available at Metro Station and admits that he did not ask any of the CISF official or public person to be St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 212 a witness in this case. Witness has admitted that CCTV cameras are also installed at every Metro Station. He has denied the suggestion that he has not arrested the accused Hasrat in the manner as stated by him earlier. According to the witness he did not give any information to the concerned Police Station Seelampur. The witness has denied the suggestion that none of the accused person had been arrested in the manner, time and place as deposed by him. He has also deposed that the disclosure statement of accused Hasrat consisting one page. He has further has denied the suggestion that accused Hasrat did not make any disclosure statement or that accused Hasrat was forced to sign the arrest memos, memo of personal search and disclosure statement. The witness has testified that the distance between Seelampur and their office is about 2022 kilometers and they left their office at about 5.30 AM for Seelampur. According to the witness, he received information regarding arrest of accused Asif by Badarpur Police on 16.02.2013 at about 4.30PM and he did not visit the concerned Police Station. He has also deposed that he gave no instructions to the Investigating Officer of Badarpur case to produce the accused in muffled face and has voluntarily explained that when he was brought before him, Asif was in muffled face. Witness has admitted that the exact physical description of accused Asif was not mentioned by the complainant in the rukka and has testified that at the time when he formally arrested Asif, his name was already known to them and to other witnesses. He has denied the suggestion that no St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 213 documents with regard to Asif were collected by him from Badarpur Police. Witness has further deposed that it was only after Asif refused TIP that Inspector Mukesh Antil identified him in the Police Station. According to the witness he did not specifically call Inspector Mukesh Antil to the Police Station for the purpose of identification. He has denied the suggestion that Asif had refused for TIP because his photographs were taken and were shown to the witnesses. He has also deposed that he had sent the exhibits/ blood lifted from the spot and blood sample of the accused to FSL for examination. Witness has admitted that no chance prints could be lifted from the offending vehicle and the other exhibits. He has denied the suggestion that the investigation conducted by him was motivated or was unfair or that all the accused persons have been falsely implicated in this case because of one case of Police Station Bharat Nagar where one police official was alleged to be killed by some other accused persons who were also alleged to be committing cattle theft. Witness has admitted that he never visited the spot of incident. Witness has denied the suggestion that he was deposing falsely being the Investigating Officer of the case. STATEMENT OF ACCUSED/ DEFENCE EVIDENCE:
(163) After completion of the prosecution evidence the statements of all the accused were recorded under Section 313 Cr.P.C. wherein all the incriminating evidence was put to the accused which they denied.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 214
The accused Ankur Kumar has stated that he is innocent and has been falsely implicated and he never indulged into business of selling flesh/ meat/ beef or any criminal activity. According to the accused, he was lifted from his house two days prior to the date of alleged incident and has been falsely implicate din this case. He has also stated that he is a poor person belonging to a respectable family and was earning his livelihood by honest means.
(164) The accused Anwar, Sanwar, Khalid and Hasrat have also stated that he are innocent and have been falsely implicated in this case. They have further stated that they were lifted from their house and detained after which they were falsely implicated in this case only to avenge the death of a police officer in another incident in Police Station Bharat Nagar.
(165) The accused Tasleem has similarly stated that he is innocent and has been falsely implicated in this case. According to the accused he was lifted from his house by the police officials and has been falsely implicated in this case only to take revenge regarding death of a police officer in another incident in Police Station Bharat Nagar. The accused has further stated that he has been assaulted in Police Custody and also fired upon on account of which he received injuries on his leg and admitted to a hospital on 19.1.2013.
(166) The accused Asif has stated that he is innocent and has been falsely implicated in this case and he never involved in theft of animal. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 215 He has further stated that all the witnesses are interested witnesses and hence the Investigating Officer deliberately did not join any public witnesses at any point of time. According to the accused in fact the police officials of Police Station Badarpur lifted him from his house and thereafter deliberately implicated him in their unsolved cases of cattle theft.
(167) The accused Hasrat has examined his father Mohd. Yusuf in his defence as DW1 who has deposed that on 27.1.2013 Inspector Sushil Kumar made a telephone call from his mobile no. 8750871252 on the mobile no. 9917709894 of Sarkar who is his relative and was with him at that time. According to the witness, Inspector Sushil Kumar had said that he was sending Inspector Ramesh Sharma and further directed them to go away after which Inspector Sushil Kumar also made three to four calls on mobile no. 9582025628 of his soninlaw namely Shamshad and told Sarkar to bring Hasrat and him (witness) to Makdoon Sahab, Kasba Dasna, Distt.: Ghaziabad. He has further deposed that Sushil Kumar was in their contact between 4 PM to 8 PM on 27.1.2013 and thereafter, he along with his son Hasrat were picked up by Inspector Ramesh Sharma from Makdoon Sahab in the presence of Shamshad and they were taken to Crime Branch office Delhi. The witness has also deposed that no local police official had accompanied the Delhi Police and thereafter, Inspector Sushil Kumar went to his house and then while Hasrat was detained in the office of Crime Branch he was directed by Inspector Ramesh Sharma St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 216 to go home. He has testified that he was not informed by the police why Hasrat was being detained by them. According to the witness, he was not having any money for going back home and hence as per the directions of Inspector Ramesh Kumar, ASI Virender Tyagi gave Rs.300/ to him for conveyance after which he came to his home. The witness has further deposed that on 30.1.2013, Hasrat was shown to be arrested in the present case by the officials of Crime Branch. According to him, his son is innocent and has not committed any offence. He has also deposed that there is one another boy by the name of Hasrat S/o Iqlas in their village who is involved in illegal activities and Delhi Police had come to arrest the said Hasrat but instead they arrested his son Hasrat. (168) In his crossexamination by the Ld. Addl. PP for the State the witness has admitted that his son Hasrat was even previously involved in criminal cases and has voluntarily explained that the said cases are now over. According to the witness, in his family there is no other person involved in any criminal case. He has also deposed that he has not made any complaints either to the local police or to any court regarding false implication of his son after lifting him and has voluntarily explained that he had only mentioned these facts in the bail application on the affidavit. He has denied the suggestion that this defence has been created by him on legal advise at a later stage only to create evidence in favour of his son and save him from penal consequences or that no calls were made by Inspector Sushil Kumar from his mobile no. 8750871252 on the mobile St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 217 no. 9917709894 of Sarkar who is his relative and was with him at that time. The witness has also denied the suggestion that Inspector Sushil Kumar had never told him that he was sending Inspector Ramesh Sharma and also directed them to go away from the spot for which purpose Inspector Sushil Kumar made three to four calls on mobile no. 9582025628 of his son in law namely Shamshad and told Sarkar to bring Hasrat and him to Makdoon Sahab, Kasba Dasna, Distt. Ghaziabad. He has also denied the suggestion that Inspector Sushil Kumar was in their contact between 4 PM to 8 PM on 27.1.2013 for this purpose or that he had given twist to the events in order to save his son from penal consequences.
FINDINGS:
(169) I have heard the arguments advanced before me by the Ld. Addl. PP for the State and the Ld. Defence Counsels. I have also gone through the memorandum of arguments filed by both 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 Public witnesses:
1. Dushyant Kumar He is a Businessman by profession and a passerbye who (PW38) is an eye witness to the incident and has deposed on the following aspects:St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 218
1. That he is residing at 348, Second Floor, Sainik Vihar, Pitampura, Delhi 34 where he is residing with his family.
2. That on the intervening night of 1819.01.2013 he was returning on his motorcycle from Mahendra Park after attending the reception of his friend Deepak Saini.
3. That when he reached the main road of Mahendra Park, he suddenly noticed one TATA 407 being chased by police vehicle and there was firing going on from the TATA 407 which was being returned by police vehicles i.e. fivesix Gypsies.
4. That as soon as these vehicles reached Mahendra Park red light, the TATA 407 stopped after hitting the footpath near the Lok Vihar bus stop and the police vehicles also stopped after which there was a traffic jam as large number of vehicles had stopped.
5. That he noticed that after TATA 407 had stopped, some boys had jumped out of the same and ran towards the left side Jheel Wala Park and police also chased them inside the park but they could not move because of traffic jam.
6. That on seeing this he made a 100 number call from his mobile phone bearing No. 8585919337 and he stayed there for about half an hour and then left.
2. Sumer Singh This witness has deposed that on the following aspects:
(PW54) 1. That he is residing at house No. A94, Village Shahbad Daulatpur, Delhi along with his family and is running a diary and is owning a large number of cows and buffalo.
2. That at the time of the incident he was having 40 cows and 40 buffaloes which he used to tie in a plot adjoining his house and also in a park.
3. That in the intervening night of 18/19.01.2013 at about 2:00 AM (midnight) he heard some noise coming from the park and when he went to the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 219 park he saw that fivesix persons were opening the ropes of the cows which were tied to the khunti.
4. That there was a tempo of TATA 407 of a cream color parked there and cattle were inside the said tempo and there were threefour persons standing near the tempo also.
5. That when he saw this he raised an alarm/hala of chorchor, on which a large number of neighbors came out and collected with lath and dandas.
6. That on seeing this the said boys who were in the age group of 2530 years fired threefour rounds and thereafter went into a tempo and escaped towards Muskan Apartment.
7. That he immediately made a 100 number call on which the police officials came from Sector 17, Rohini and informed the police about what had happened on which they also went away in the same side in which the boys had gone.
8. That later he was called at the Police Station situated in Sector 17 where he had informed them about the details of the incident.
The witness has identified the accused Ankur in the Court as one of the boys who was involved in this incident of cattle lifting and firing.
Witnesses of Medical Record
3. Dr. Bhawna This witness has proved the following aspects:
(PW27) from BSA 1. That on 23.01.2013 Anwar S/o Tassawar, aged 24 Hospital years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by Ct. Pawan Kumar for medical examination and for collection of blood sample and the MLC of Anwar was prepared by Dr. Deepak Garg, her associate and Junior and the blood was collected by him under her supervision vide MLC Ex.PW27/A.
2. That on 23.01.2013 Sanwar S/o Ibrahim, aged 24 years, R/o Village Nahal, Police Station Massorie, St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 220 District Ghaziabad had been brought to the hospital by Ct. Pardeep for medical examination and for collection of blood sample and the MLC of Sanwar was prepared by Dr. Deepak Garg, her associate and Junior and the blood was collected by him under her supervision vide MLC Ex.PW27/B.
3. That on 23.01.2013 Khalid S/o Shagir, aged 22 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by Ct. Pardeep Hooda for medical examination and for collection of blood sample and MLC of Khalid was prepared by Dr. Deepak Garg, her associate and Junior and the blood was collected by him under her supervision which MLC is Ex.PW27/C.
4. That on 23.01.2013 Ankur Kumar S/o Satpal Singh, aged 23 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by Ct. Satbir Singh for medical examination and for collection of blood sample and she prepared his MLC and collected his blood sample vide MLC Ex.PW27/D.
5. That on 23.01.2013 Tasleem S/o Mursalim, aged 25 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by police for medical examination and for collection of blood sample and the MLC of Tasleem was prepared by her and she collected his blood sample which MLC is Ex.PW27/E.
6. That on 30.01.2013 Hasarat S/o Yusuf, aged 21 years R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by Ct. Parvesh for medical examination and for collection of blood sample and she prepared the MLC of Hasrat and collected the blood sample which MLC is Ex.PW27/F.
7. That on 22.02.2013 Asif S/o Yunus aged 28 years, R/o Village Azrala, Police Station Mundali, St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 221 District Meerut, UP had been brought to the hospital by Ct. Pardeep Dahiya for medical examination and for collection of blood sample and the MLC of Asif was prepared by her associate and Junior Dr. Arun Partap Singh who also collected the blood sample under her supervision which MLC is Ex.PW27/G.
4. Dr. Nikunj This witness has proved the following aspects:
(PW28), CMO 1. That on 19.01.2013 Yakub S/o Unknown was Bhagwan Mahavir brought to the hospital by Commander 31 HC Hospital Babu Ram initially as an unknown person whose name was later on disclosed by Yakub by other persons who was brought later.
2. That Yakub was brought in the casualty in unconscious state and after examination he declared him as 'Brought Dead' vide MLC which is Ex.PW28/A.
3. That on 19.01.2013 Anwar S/o Tasawar, aged 24 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by the police and he prepared his MLC which is Ex.PW28/B.
4. That on 19.01.2013 Sanwar S/o Ibrahim, aged 24 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by the police and he prepared his MLC which is Ex.PW28/C.
5. That on 19.01.2013 Khalid S/o Shagir, aged 22 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by the police.
6. That the MLC of Anwar was prepared by him which is Ex.PW28/D.
7. That on 19.01.2013 Ankur Kumar S/o Satpal Singh, aged 23 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by the police and he prepared the MLC of Anwar which is St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 222 Ex.PW28/E.
8. That on 19.01.2013 Ct. Balkar S/o Jugti, aged 24 years, R/o Village and Post Office Kheri Jugar, Tehsil Gannaur, District Sonepat, Haryana had been brought to the hospital by the police and he prepared the MLC of Ct. Balkar which is Ex.PW28/F.
9. That the cases of Anwar, Khalid and Sanwar were referred by him to SR Surgery and Orthopedics for further investigations and management and after the examination by SR Surgery and Orthopedics it was opined that the patient Khalid had received a fracture on the forearm and hand which were grievous injuries which observations of SR Surgery are present at mark B on Ex.PW28/D.
5. Dr. Saurabh This witness has proved that on 19.01.2013 the patients (PW29) SR Anwar, Sanwar and Khalid were referred to him for Surgery from further investigations and management and after Bhagwan Mahavir examining the patients, he made his observations on their Hospital MLCs Ex.PW28/B; Ex.PW28/C and Ex.PW28/D at point B.
6. Dr. Ashu Mittal This witness is the MS Surgeon of Jagdamba Hospital, (PW30) Shahstri Nagar, Meerut, UP who has proved the following aspects:
1. That on 19.01.2013 Wasim (Tasleem) S/o Muslim, aged 25 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad, UP was brought to the hospital by Salman, brother of the patient with the alleged history of having sustained gun shot injury at 3:00 AM on 19.01.2013 and he was admitted in the hospital and was under his treatment.
2. That the MLC of Tasleem Ex.PW30/A bearing his signatures at point A and bearing the thumb impressions of patient Tasleem at point B.
3. That he prepared the discharge card of Tasleem which is Ex.PW30/B and Dr. Neeraj Mittal, St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 223 Orthopedics Surgeon had seen his case.
4. That the case sheet of Tasleem which are Ex.PW30/C (running into 08 pages) were also prepared.
7. Dr. Sreenivas This witness has proved the following aspects:
(PW31) Associate 1. That on 22.01.2012 the postmortem on the body of Professor, Yakub S/o Haneef R/o Village Dhindholi, Police Maulana Azad Station Jani, Distt. Meerut UP was conducted by Medical College the Medical Board consisting of himself, Dr. Sone Lal and Dr. Jyoti Barwa.
2. That thereafter they gave their report which is Ex.PW31/A (running into 18 pages) bearing his signatures at point A on all the pages, signatures of Dr. Sone Lal at point B and signatures of Dr. Jyoti at point C on each pages.
3. That the diagram sheet was prepared which is Ex.PW31/B.
4. That two bullets were recovered from the body of deceased out of which one bullet was embedded in his clothing whereas the other bullet was recovered during the postmortem from the body.
5. That the cause of death was opined to be cranio cerebral damage consequent upon fire arm ammunition injury to the head (injury no.1) and penetrating trauma to the head (injury No.3) which were individually and collectively sufficient to cause death in ordinary course of nature and time since death was opined to be about three days.
6. That the detail opinion in this regard is at point bracketed X to X1 on Ex.PW31/A on page no. 17.
8. Sh. Dalip Suri He is the Manager of Sanjay Gandhi Animal Care (PW32) - proved Centre who has proved the following aspects:
the postmortem 1. That on 19.01.2013 they received three cows, one report of the cow calf and one buffalo under the present FIR. deceased cow 2. That out of these five animals, one cow who was prepared by Dr. pregnant was badly injured, rest of the two cows Jameel and Report and one calf were also injured.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 224
of animals 3. That on receipt of the call from the police they prepared by Dr. had send their Ambulance and the above animals Nawal Kishore) had been received at their center in their Ambulance in the above condition.
4. That during the treatment one cow who was pregnant had expired and the postmortem report of the same is Ex.PW32/A bearing the signatures of Dr. Jameel.
5. That the cause of death was opined as haemorrhage shock and traumatic injury and has External Injuries i.e. Blotted, bleeding and discharge from vagina, deep penetrating wound on the right flank, injury mark on muzzle and horn.
6. That internal examination showed deep penetrating wound, there was injury on the right horn, bleeding from the vulva, heart was congested and liver had petechial haemorrhage;
Intestine had multiple haemorrhages and had toe head few places; Reproductive procedure was filled with depth fetus and ruptured uterus.
7. That when the animals were received in the center, the medical report were prepared by Dr. Nand Kishore dated 19.01.2013 which is Ex.PW32/B.
8. That by the order of the Court of Sh. Kishore Kumar the buffalo had been released to Superdar Abdulla on execution of the Superdarinama which copy of the superdarinama and release order are collectively Ex.PW32/C (running into four pages).
9. The other two cows and one calf are still in the animal center as they have not been claimed by anybody.
9. Dr. Kapil Goyal He is the SR Orthopedics from Bhagwan Mahavir (PW39) Hospital who has proved the following aspects:
1. That on 19.01.2013 at about 3:05 AM patient namely Anwar S/o Tasarar, aged 24 years, male St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 225 was brought to the hospital with alleged history of cross firing at Harsh Vihar about half an hour back with the police.
2. That initially the patient was examined in the Casualty under supervision of Dr. Nikunj, CMO vide MLC No. 1252 which is Ex.PW28/E.
3. That after examination the patient was referred to him in SR Ortho where he had examined the patient and he opined soft tissue injury on left thigh and left buttock.
4. That his observations are present on the MLC at encircled portion X bearing his signatures at point C.
5. That on the same day at about 3:00 AM patient namely Khalid S/o Sagir, aged 22 years Male was brought in the Casualty of the hospital by HC Jai Bhagwan with alleged history of brought by police (PCR) in drowsy state found at Harsh Vihar road side neat TATA 407 at about half an hour back.
6. That initially the patient was examined in the casualty under supervision of Dr. Nikunj Aggarwal, CMO on duty vide MLC No.232/13 which is Ex.PW28/D.
7. That after examination the said patient was referred to him in SR Ortho department and after examining the patient and after going through the XRay reports he opined the injury to be fracture of fourth metacarpal right side with fracture of left ulna and his observations on the MLC at encircled portion X bearing his signatures at point C. FSL Experts
10. Sh. K.C. Varshney He is the Deputy Director, FSL, Rohini who has proved (PW40) the following aspects:
1. That on 19.1.2013 at the request of SHO Police Station Netaji Subhash Place he reached Bhagwan Mahavir Hospital where the body of the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 226 deceased Yakub was lying in the casualty.
2. That under his supervision, Inspector Om Dutt collected the hand wash of the deceased which he kept in small polythene container which he then sealed and took the same into possession in his presence and seized the same vide memo Ex.PW36/S bearing his signatures at point C.
3. That the hand wash of Ankur and Anwar who were also present in the hospital was also taken under his supervision which Inspector Om Dutt kept in separate polythene containers which he then sealed and took into possession.
4. That Inspector Om Dutt then prepared the seizure memos of the same which are Ex.PW36/Q and Ex.PW36/R.
11. Sh. Puneet Puri He is the Sr. Scientific Officer (Ballistics) FSL Rohini (PW41) who has proved the following aspects:
1. That on 8.3.2013, thirty nine sealed parcels of the present case were received in FSL Rohini which parcels were marked to him for examination and the seals on all the parcels were intact and as per the specifications of the specimen seals provided with the FSL Form.
2. That on opening the first parcel one country made pistol of .315 inch bore and one 8 mm/ .315 inch cartridge were taken out which was marked as Ex.F1 and A1 by him.
3. That on opening the second parcel one country made gun of .315 inch bore was taken out which was marked as Ex.F2 by him.
4. That on opening the third parcel one country made pistol of .303 inch bore was taken out which was marked as Ex.F3.
5. That on opening the fourth parcel eleven 8mm/ .
315 inch cartridges and one belt for carrying cartridges were taken out which were marked as Ex.A2 to A12 and B1.
6. That on opening the fifth parcel one improvised pistol of 7.65 mm bore and three 7.65 mm St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 227 cartridges were taken out which were marked as Ex.F4 and A13 to A15.
7. That on opening the sixth parcel one jacket which was marked Ex.C1 having a hole mark HB1 on the right shoulder, one uniform shirt marked Ex.CB2 having one area marked HB2 on the right shoulder were recovered.
8. That on opening the seventh parcel one swab was taken from the right hand of the Yakub was taken out which was marked as Ex.S1.
9. That on opening the eighth parcel one swab taken from the left hand of the Yakub was taken out which was marked as Ex.S2.
10. That on opening the ninth parcel one control swab taken from Yakub which was marked as CA1.
11. That on opening the tenth parcel one swab taken from the right hand of the Ankur was taken out which was marked as Ex.S3.
12. That on opening the 11th parcel one swab taken from the left hand of Ankur was taken out which was marked as Ex.S4.
13. That on opening the 12th parcel one control swab taken from Ankur was taken out which was marked as Ex.CA2.
14. That on opening the 13th parcel one swab taken from the right hand of the Anwar was taken out which was marked as Ex.S5.
15. That on opening the 14th parcel one swab taken from the left hand of Anwar was taken out which was marked as Ex.S6.
16. That on opening the 15th parcel one control swab taken from Anwar was taken out which was marked as Ex.CA3.
17. That on opening the 16th parcel one swab taken from right hand of Sanwar was taken out which was marked as Ex.S7.
18. That on opening the 17th parcel one swab taken St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 228 from the left hand of Sanwar was taken out which was marked as Ex.S8.
19. That on opening the 18th parcel one control swab taken from Sanwar was taken out which was marked as Ex.CA4.
20. That on opening the 19th parcel one swab taken from right hand of Khalid was taken out which was marked as Ex.S9.
21. That on opening the 20th parcel one swab taken from the left hand of Khalid was taken out which was marked as Ex.S10.
22. That on opening the 21st parcel, one control swab taken from Khalid was taken out which was marked as Ex.CA5.
23. That on opening the 22nd parcel, one 7.65 mm cartridge case was taken out which marked as Ex.EC1.
24. That on opening the 23rd parcel one 8mm / .315 inch cartridge case was taken out which was marked as Ex.EC2.
25. That on opening the 24th parcel, one 8mm / .315 inch cartridge case (percussion cap was found absent) was taken out which was marked as Ex.EC3.
26. That on opening the 25th parcel, one metallic piece was taken out which was marked as Ex.EBR1.
27. That on opening the 26th parcel, two 8mm/ .315 inch cartridges cases were taken out which were marked as Ex.EC4 and EC5.
28. That on opening the 27th parcel, two deformed bullets were taken out which were marked as Ex.EB2 and EB3.
29. That on opening the 28th parcel the following articles were taken out i.e. one jacket which was marked CY1 having four holes, two holes marked as HY1 and HY2 on the right portion of backside and two holes marked HY3 and HY4 on the right St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 229 portion of backside of collar; one sweat shirt with cap marked Ex.CY2 having three holes, one hole marked as HY5 on the right portion of back side and two holes marked HY6 and HY7 on the right portion of backside of the cap; one full sleeve shirt with brown stains marked Ex.CY3 having three holes marked as HY8, HY9 and HY10 on the right portion of backside, one jeans pant marked Ex.CY4; one pant marked Ex.CY5; one thermal lower marked Ex.CY6; one underwear marked CY7 and one pair of shoes marked Ex.CY8.
30. That on opening the 29th parcel, one pistol 9mm caliber bearing no. T366496 was taken out which was marked as Ex.F5.
31. That on opening the 30th parcel, one pistol 9mm caliber bearing no. 18254888 was taken out which was marked as Ex.F6.
32. That on opening the 31st parcel, one pistol 9mm caliber bearing no. 18254884 was taken out which was marked as Ex.F7.
33. That on opening the 32nd parcel, one rifle 5.56 mm caliber (INSAS) bearing no. 18107553 was taken out which was marked as Ex.F8.
34. That on opening the 33rd parcel, one assault rifle 7.62mm caliber (AK47) bearing No. KT 437797 was taken out which was marked as Ex.F9.
35. That on opening the 34th parcel, one pistol 9mm caliber bearing no. RCS 043 was taken out which was marked as Ex.F10.
36. That on opening the 35th parcel, one deformed bullet and 10 metallic pieces were taken out which were marked as Ex.EB4 and EBR5 to EBR14.
37. That on opening the 36th parcel, swabs marked SH1 to SH22, SH23A, SH23B taken from the holes marked H1 to H22, H23A, H23B.
38. That swabs marked SD1 to SD3 taken from the dents marked D1 to D3.
39. That control swabs marked C1 to C11 from Tata St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 230 407 bearing registration No. HR 38A S2616, were taken out.
40. That on opening the 37th parcel, swab marked SH25 taken from the hole marked H25, swabs marked SD5, SD6 taken from the dents marked D5, D6 and one control swab marked C14 from Tata 407 bearing registration no. DL1L K9515 were taken out.
41. That on opening the 38th parcel, swab marked SH24 taken from the hole marked H24 and one control swab marked C12 from Maruti Gypsy bearing registration no. DL1C J7412 were taken out.
42. That on opening the 39th parcel, swab marked SD4 taken from the dent marked D4 and one control swab marked C13 from Maruti Gypsy bearing registration no. DL1C M4596 were taken out.
43. That on examination he found that the country made pistol marked Ex.F1 was in working order, test fire was conducted successfully by using the cartridges marked Ex.A1, A2 and the test fired cartridge cases were marked as TC1 and TC2 and the one recovered test fired bullet was marked TB1.
44. That the country made gun .315 inch bore marked Ex.F2 was not in working order in present condition and required repair of fire mechanism to brought into working condition but the test fire was conducted under laboratory condition by using the cartridges A3, A4 and the test fired cartridge cases were marked TC3 and TC4.
45. That the country made pistol marked Ex.F3 was in working order, test fire was conducted successfully by using two .303 inch cartridges taken from the laboratory stock, the test fired cartridge cases were marked TC5, TC6 and the two recovered test fired bullets were marked as TB2 and TB3.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 231
46. That the improvised pistol marked Ex.F4 was in working order, test fire was conducted successfully by using the cartridges marked Ex.A13 and A14 and the test fired cartridge cases were marked as TC7 and TC8.
47. That the pistols marked Ex.F5, Ex.F6, Ex.F7 and Ex.F10 were in working order, two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F5 and the test fired cartridge cases were marked as TC9 and TC10.
48. That two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F6 which test fired cartridge cases were marked as TC11 and TC12.
49. That two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F7 and the test fired cartridge cases were marked as TC13 and TC14.
50. That two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F10 which test fired cartridge cases were marked as TC19 and TC20.
51. That the rifle marked Ex.F8 was in working order, test fire was conducted successfully by using two 5.56 mm cartridges from the laboratory stock which test fired cartridge cases were marked as TC15, TC16 and two recovered test fired bullets were marked as TB4 and TB5.
52. That the assault rifle marked Ex.F9 was in working order, test fire was conducted successfully by using two 7.62 x 39 mm cartridges from the laboratory stock which test fired cartridge cases were marked as TC 17 and TC18 and the two recovered test fired bullets were marked as TB6 and TB7.
53. That the witness has also proved that the 7.65mm cartridge case marked Ex.EC1 was a fired empty cartridge and had been fired through the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 232 improvised pistol marked Ex.F4 as the individual characteristics of firing pin marks and breech face marks present on Ex.EC1 and on test fired cartridges cases mark TC7 and TC8 were found identical when examined under the comparison microscope.
54. That the witness has further proved that the 8mm/ .315 mm cartridge cases marked EC2, EC4 and EC5 were fired empty cartridges and had been fired through the country made gun marked Ex.F2 as the individual characteristics of firing pin marks present on Ex.EC2, EC4 and EC5 and on test fired cartridge cases TC3 and TC4 were found identical when examined under the comparison microscope.
55. That the 8mm/ .315 inch cartridge case marked Ex.EC3 was a fired empty cartridge and no further opinion could be possible due to the insufficient data (as the percussion cap of Ex.EC3 found absent).
56. That no opinion could be given on the metallic pieces marked Ex.EBR1, EBR6, EBR8 to EBR13 due to insufficient data.
57. That the deformed bullets marked Ex.EB2, EB3 and EB4 were corresponding to the bullets of 7.62 x 39 mm cartridges and had been discharged through the rifle marked Ex.F9 as the individual characteristics of rifling marks present on Ex.EB2, EB3 and EB4 and on test fired bullets marked as TB6 and TB7 were found identical when examined under the comparison microscope.
58. That the metallic piece mark Ex.EBR5 was the part of jacket of fired bullet of 7.62 x 39 mm cartridge that had been discharged through the rifle marked Ex.F9 as the individual characteristics of rifling marks present on Ex.EBR5 and on test fired bullet marked St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 233 Ex.TB6 and TB7 were found identical when examined under the comparison microscope.
59. That the metallic piece mark Ex.EBR7 was the core of bullet of 7.62 x 39 mm cartridge and the metallic piece mark Ex.EBR14 was inner tip of bullet of 5.56 mm cartridge.
60. That the hole marked HB1 on the jacket marked Ex.C1 and area marked HB2 on the uniform shirt mark Ex.CB2 along with control sample were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected around the hole marked HB1 on the jacket marked C1 and on the area marked HB2 on the uniform shirt marked Ex.CB2.
61. That the swabs marked S1 to S10 along with control swabs marked CA1 to CA5 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked S1, S2, S5, S6, S7 and S8.
62. That the holes marked HY1, HY2, HY3, HY4 on the jacket parked Ex.CY1, HY5, HY6 and HY7 on the sweat shirt marked Ex.CY2, HY8, HY9 and HY10 on the full sleeve shirt marked Ex.CY3 along with control samples were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis, no opinion could be given on the holes marked HY1 to HY10 due to insufficient data.
63. That the swabs marked SH1 to SH22, SH23A and SH23B taken from the holes marked H1 to H22, H23A, H23B; the swabs marked SD1 to SD3, taken from the dent marked D1 to D3 and control swabs marked C1 to C11 from Tata 407 bearing registration No. HR38 AS2616 were analyzed for gunshot residue particles on atomic absorption St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 234 spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked SH5, SH7, SH8, SH9, SH10, SH11, SH12, SH13, SH14, SH15, SH16, SH18, SH19, SH20, SD2 and SD3.
64. That the swabs marked SH25 taken from the hole marked H25, swabs marked SD5, SD6 taken from the dent marked D5 and D6 and control swab from marked C14 from the Tata 407 bearing registration no. DL 1LK 9515 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked SH25, SD5 and SD6.
65. That the swabs marked SH24 taken from the hole marked H24 and control swab marked C12 taken from the Maruti Gypsy bearing registration no.
DL 1CJ 7412 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis led which is one of the main constituent of gun shot residue particles was detected on the swab marked SH24.
66. That the swabs marked SD4 taken from the dent marked D4 and control swab marked C13 from the Maruti Gypsy bearing registration no. DL 1CM 4596 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked SD4.
67. That the exhibits marked F1 to F10 were firearms, cartridges marked A1 to A15, cartridge cases marked EC1 to EC5, bullet marks EB2 to EB4, bullet remnants marked EBR5, EBR7 and EBR14 were ammunition as defined in Arms Act, 1959 and the exhibits were then resealed with seal of PP FSL DELHI.
68. That his detailed report in this regard is St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 235 Ex.PW41/A.
12. Sh. Parshuram He is the Assistant Director (Physics), FSL Rohini who Singh (PW47) has proved the following aspects:
1. That on 19.01.2013 he along with other team members visited the place of occurrence i.e. Road No. 44, near Jheel Wala Park in the area of Police Station Subhash Place for examination of scene.
2. That the scene of crime was thoroughly examined and following observations were made: ➢ That there were four vehicles, two jeep bearing registration No. DL1CM4596 and DL1CJ7412 and one Tata 407 having marking 'Police' bearing registration No. DL1LK9515 and other Tata 407 with some cattle bearing registration No. HR38AS2616 which were standing inside the cordoned area.
➢ That a mark appeared to be made by tyre was observed in the scene and the nature of skid mark was in wavy form, which indicates that the tyre was not in proper condition during the formation of mark and pieces of tyre were also found scattered after the end of mark.
➢ That back left tyre of Tata 407 bearing registration No. HR38 AS 2616 was found missing, however some portion of tyre was attached with rim, Back Right tyre was also found in puncture condition and both the front tyre were intact.
➢ That cracks/ damage on right part of wind screen of Tata 407 bearing registration No. HR38AS2616 were observed.
➢ That some mark in mud parallel to the edge of footpath was observed and the mark was having two parallel lines and the distance between two lines was found to be consistent with the width of the rim of back left tyre.
➢ That blood like stains were lying inside the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 236 Tata 407 bearing registration No. HR38 AS2616 and one firearm was lying near the above Tata 407 and some dark brown stains were found on firearm.
➢ That cracks on windscreen of Maruti Jeep bearing registration No. DL1CJ7412 were observed and one hole was also observed in this vehicle.
➢ That above observation indicates that driver of Tata 407 bearing registration No. HR38AS2616 had tried to move the vehicle even after damage of back left tyre.
The witness has proved his detailed report in this regard which is Ex.PW47/A.
13. Sh. D.S. Paliwal He is the Senior Scientific Officer (Biology/ DNA) who (PW48) has proved the following aspects:
1. That on 02.08.2013 eleven sealed parcels were received in DNA Unit from the Biology Division which were marked to him for examination on 31.10.2013.
2. That on biological examination of above said parcels Blood was detected on exhibits 2 (a piece of cotton wool swab having dark stains described as buffalo hair soaked in blood), Exhibit 4 (blood stained stones), exhibit 5 (blood in gauze), exhibit 7 (blood stained concrete stone), exhibit 8 (blood gauze of the deceased Yakub), exhibit 9 (blood gauze of the accused Anwar), exhibit 10 (blood gauze of accused Khalid), exhibit 11 (blood gauze of accused Sanwar), exhibit 12 ( blood gauze of accused Ankur), exhibit 13 (blood gauze of accused Tasleem) and exhibit 14 ( blood gauze of Asif).
3. That on DNA Examination the source of exhibit 2 (buffalo hair soaked in blood), exhibit 4 (blood stained stones), exhibit 5 (blood in gauze), exhibit 7 (blood stained concrete stone), exhibit 8 (blood gauze of the deceased Yakub), exhibit 9 (blood St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 237 gauze of the accused Anwar), exhibit 10 (blood gauze of accused Khalid), exhibit 11 (blood gauze of accused Sanwar), exhibit 12 (blood gauze of accused Ankur), exhibit 13 (blood gauze of accused Tasleem) and exhibit 14 (blood gauze of Asif) were subjected to DNA isolation.
4. That DNA was isolated from the source of exhibit 4, 5, 8, 9, 10, 11, 12, 13 and 14, however, DNA could not be isolated from the source of exhibit 2 (buffalo hair soaked in blood) and exhibit 7 (blood stained concrete stone).
5. That DNA profile for the exhibit 4, 5, 8, 9, 10, 11, 12, 13 and 14 was prepared by using AmpFl STR Identifiler PCR Amplification kit and AmpFl STR Yfiler PCR Ampilification Kit.
6. That STR analysis was used for the sample and data was analyzed by using Gene Mapper IDX Software.
7. That after examination he opined that alleles from the source of exhibit 8 (blood gauze of the deceased Yakub) are accounted in the alleles from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze).
8. That the alleles from the source of exhibit 9 (blood gauze of Anwar), exhibit 10 (blood gauze of Khalid), exhibit 11 (blood gauze of Sanwar), exhibit 12 (blood gauze of Ankur), exhibit 13 (blood gauze of accused Tasleem) and exhibit 14 (blood gauze of Asif) are not accounted in the alleles from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze).
9. That the DNA profiling (STR analysis) performed on the exhibits provided is sufficient to conclude that the DNA profile from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze) in similar with DNA profile from the source of exhibit 8 (blood gauze of the deceased Yakub).
10. That the DNA Profile from the source of exhibit 4 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 238 (blood stained stones) and exhibit 5 (blood in gauze) are not similar with DNA profile from the source of exhibit 9 (blood gauze of Anwar), exhibit 10 (blood gauze of Khalid), exhibit 11 (blood gauze of Sanwar), exhibit 12 (blood gauze of Ankur), exhibit 13 (blood gauze of accused Tasleem) and exhibit 14( blood gauze of Asif).
11. That his detailed report in this regard is Ex.PW48/A (running into four pages).
12. That he also gave the Genotype Analysis of the exhibits which report is Ex.PW48/B according to which DNA profile from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze) is similar with exhibit 8 (blood gauze of the deceased Yakub).
14. Ms. Manisha She is the Senior Scientific Officer (Biology) who has Upadhyaya proved the following aspects:
(PW49) 1. That on 08.03.2013 fourteen sealed parcels duly sealed with the seal of OM, SMMAMC and Dr. BSHA CASUALTY 1.7.12, Govt. of Delhi were received in the office of FSL and same were marked to her for examination.
2. That after examining the exhibits she gave her biological report which is Ex.PW49/A according to which Blood was detected on exhibits 1 (blood sample in gauze), exhibit 2 (buffalo hair soaked in blood), exhibit 4 (one dirty brownish blackish stones), exhibit 5 (blood in gauze), exhibit 7 (a dirty brownish concrete piece of stone), exhibit 8 (blood gauze), exhibit 9 (blood gauze), exhibit 10 (blood gauze), exhibit 11 (blood gauze), exhibit 12 (blood gauze), exhibit 13 (blood gauze) and exhibit 14 (blood gauze).
3. That blood could not be detected on exhibit 3 (buffalo hair as control) and exhibit 6 (earth control).
4. That she also examined the exhibits serological and gave her serological examination report which is Ex.PW49/B according to which Human St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 239 Blood of Group 'A' was detected on exhibit 14 (gauze cloth piece).
Police/ Official Witnesses:
15. Inspector Ashok He is a formal witness who has deposed on the following Sharma (PW1) aspects:
1. That on the intervening night of 1819.1.2013 while posted as SHO Police Station Mangol Puri he was doing vehicle checking near Peera Garhi along with Inspector Satya Prakash, SI Mukesh Antil and other staff of Police Station Mangol Puri.
2. That at about 2:00 AM a wireless message was flashed that some criminals have lifted the cows from the Dividing Road of Sector 1617, Rohini and had also fired and police staff was chasing the vehicle which was speeding towards Deepali Chowk.
3. That he immediately directed SI Mukesh Antil with staff in Government Tata Tempo to rush towards Deepali Chowk and after some time on receipt of the message that tempo of criminals had turned towards Haryana Maitri Bhawan Inspector Satya Prakash along with staff in ERV vehicles rushed towards the said direction.
4. That within minutes he along with Ct. Hem Raj and Driver Ct. Dharambir also reached at Haryana Maitri Bhawan via Deepali Chowk in Gypsy where near picket one damaged barricade was found lying on the road.
5. That in the mean time message was flashed on wireless set that Tata 407 of criminals were intercepted on Road No. 44, Lok Vihar, Jheel Wala Park pursuant to which he reached the spot where one cream coloured Tata 407 bearing registration No. HR38AS2616 was found stationed after hitting the footpath and Government Tata 407 belonging to SI Mukesh Antil and staff was also found parked behind it.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 240
6. That four criminals namely Anwar, Sanwar, Khalid and Ankur were found apprehended by the police staff and the cream coloured Tata 407 was loaded with three cows, one calf and one buffalo.
7. That one injured criminal was found lying in the left rear side of the offending tempo who was shifted to hospital through PCR Van and all found injured accused persons were also sent to the Hospital.
8. That one long barrel katta was found lying in front of offending Tata 407 and one pistol was found lying in the dash board of the offending tempo and one more katta was found lying in the open body of the said tempo with belt containing cartridges.
16. Inspector Satya He is a formal witness who has proved the following Prakash (PW2) aspects:
1. That on the intervening night of 1819.1.2013 while posted as Inspector Investigations at Police Station Mangol Puri he was doing vehicle checking near Peera Garhi along with SHO, SI Mukesh Antil and other staff of Police Station Mangol Puri.
2. That at about 2:00 AM a wireless message was flashed that some criminals have lifted cows from the Dividing Road of Sector 1617, Rohini and had also fired and police staff was chasing the vehicle which was running towards Deepali Chowk.
3. That immediately thereafter SI Mukesh Antil with staff in Government Tata Tempo rushed towards Deepali Chowk and after some time knowing the movement of the criminals at Deepali Chowk, he along with Ct. Ravinder and Ct. Gaurav rushed towards Deepali Chowk in ERV Gypsy.
4. That in the meantime position of criminals was flashed at Haryana Maitri Bhawan and hence St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 241 they turned from Deepali Chowk towards Haryana Maitri Bhawan and on the way one damaged police barricade was found lying on the road near police picket, Haryana Maitri Bhawan.
5. That knowing the position of criminals at about 2:35 AM, he reached near Jheel Wala Park, Road No. 44, Lok Vihar where one cream coloured Tata 407 bearing registration No. HR38AS2616 was found stationed after hitting the footpath.
6. That many police vehicles including the Government Tata 407 belonging to SI Mukesh Antil and staff were also found present at the spot.
7. That the cream coloured Tata 407 was loaded with three cows, one calf and one buffalo and four criminals namely Anwar, Sanwar, Khalid and Ankur were found apprehended by the police staff.
8. That one injured criminal was found lying in the left rear side of the offending tempo whose name was disclosed by his associates as Yakub.
9. That Ct. Gaurav with the help of other constable rushed injured accused Sanwar to Bhagwan Mahavir Hospital and Ct. Ravinder with the help of another Constable shifted Yakub out to the tempo and then taken him to the hospital.
10. That senior officers were also present at the spot and he came to know that illegal arms and ammunition was also recovered from the criminals.
17. Inspector Mahesh He is a formal witness being the Draftsman who has Kumar (PW3) proved having visited the place of incident i.e. Road No. 44, Jheel Wala Park and later on prepared the scaled site plan which is Ex.PW3/A.
18. SI Naresh Pal He is a formal witness being the Crime Team Incharge of (PW4) NorthWest District who has proved having visited the scene of crime and having prepared the Crime Team Report which is Ex.PW4/A and the Finger Print Report St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 242 which is Ex.PW4/B.
19. SI Anil Kumar He is also a formal witness being the Crime Team (PW5) Incharge of Outer District who has proved having visited the spot of incident and having prepared the Crime Team Report which is Ex.PW5/A.
20. SI Gaurav He is also a formal witness who has proved the following Bhardwaj (PW6) aspects:
1. That on 1819.1.2013 at 2:45 AM PCR call from Mobile No. 8585919337 was received at Police Station Rani Bagh to the effect that from Deepali Chowk to Rani Bagh police staff was being fired at.
2. That DD No.4A which is Ex.PW6/A was recorded after which he reached the said spot but he came to know that one Tata 407 vehicle loaded with animals was being chased by many police officials on which he went in front of Jheel Wala Park and came to know that some Mewatis were hurt in cross firing with police.
3. That he accordingly filed DD entry No. 4A vide DD No. 57B which is Ex.PW6/B.
21. ASI Sajid Hassan He is a formal witness being the Finger Print Expert/ (PW7) Proficient, Mobile Crime Team (NorthWest) who has proved that he visited the scene of crime where he inspected the Tata 407 bearing No. HR38AS2616 and lifted ten chance prints from its body. He has further stated that one long barrel country made pistol lying on the road, one pistol lying in the dash board and one country made pistol lying in the open body of the Tata 407 were also inspected but no chance prints could be detected due to uneven surface.
22. ASI Rajender He is also a formal witness being the Duty Officer who Singh (PW8) has proved having lodged the DD No.4A which is Ex.PW6/A.
23. HC Birender This witness has proved the following aspects:
Singh (PW9) 1. That during investigations of this case on 21.1.2013 he along with SI Ramesh Kumar, HC St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 243 Lalit Kumar and Ct. Salimuddin went to Village Nahal, Ghaziabad and at about 2:30 PM a secret informer informed SI Ramesh Sharma that the accused Tasleem wanted in this case was admitted in Jagdamba Hospital, Hapur Road, Meerut since 19.1.2013 since he had sustained injury on his leg.
2. That SI Ramesh telephonically informed ACP M.C. Katoch about the facts who directed to take action and further informed him that Mr. Jagtender would meet them at Meerut Tax Post for identification of accused.
3. That SI Ramesh Sharma took them to Meerut Tax Post in his private car where they met Sh.
Jagtender who accompanied them to Jagdamba Hospital, Hapur Road, Meerut.
4. That while SI Ramesh Kumar was parking his car outside the hospital one man came out of the hospital who had plaster in his right leg with the help of two persons and Sh. Jagtender identified the injured as the accused who jumped out of the right side of Tata Tempo at the time of incident and fled away while being fired upon at his feet by ACP to stop him.
5. That the said person disclosed his name as Mohd.
Tasleem after which he was arrested vide memo Ex.PW9/A and his personal search memo was prepared which is Ex.PW9/B.
24. HC Lalit Kumar This witness has corroborated the testimony of PW9 HC (PW10) Birender Singh in toto and has proved the arrest memo of Mohd. Tasleem which is Ex.PW9/A and his personal search memo which is Ex.PW9/B.
25. HC Ganesh He is a formal witness being the Photographer who has (PW11) proved the photographs of the postmortem of Yakub which are Ex.PW11/A1 to Ex.PW11/A58 and negatives of the said photographs which are collectively Ex.PW11/B.
26. HC Jai Bhagwan He is a formal witness being the PCR Van Incharge who St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 244 (PW12) has proved the following aspects:
1. That on the intervening night of 1819.1.2013 he was deputed as Incharge PCR Van Commander
27 and Gun Man Ct. Sanjeev and Driver Ct.
Rajesh were with him.
2. That at about 2:25 AM when they were positioned at flyover, near Britania Chowk where Commander 31 flashed a message to stop the tempo of cattle thieves coming towards Britania Chowk on which he proceeded towards Britania Chowk.
3. That after some time he again received a message that offending tempo has been intercepted at Harsh Vihar on which he reached at Road No. 44, Harsh Vihar and noticed one cream coloured tempo No. HR38AS2616 was found parked after hitting the footpath and many other police vehicles were also found present at the spot.
4. That out of the apprehended criminals one criminal namely Khalid was taken and admitted in Bhagwan Mahavir Hospital in Commander 27.
5. That the copies of the log books which are Ex.PW12/A and Ex.PW12/B.
27. HC Jugender He is a formal witness being the MHCM of Police Station (PW13) Alipur who has proved the following aspects:
1. That as per the record of Arms Register pistol No. 636, body No. T 366496 with ten live cartridges was issued to Ct. Ravinder permanently on 03.01.2012 vide entry Ex.PW13/A.
2. That on 16.1.2013 one round was fired by Ct.
Ankit vide DD No.13A, Police Station Alipur who deposited one spent cartridge in the Malkhana vide entry Ex.PW13/B.
3. That on 20.1.2013 Ct. Ankit deposited the pistol with three live cartridges in the Malkhana vide entry copy of which is Ex.PW13/C (running into St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 245 two pages).
4. That on 2.2.2013 the 9 mm pistol was taken into possession by making a pullanda duly sealed with the seal of SKH and the memo in this regard is Ex.PW13/D.
5. That the pistol No. 636, body No. T 366496 which was issued to Ct. Ravinder permanently on 03.01.2012 was deposited by him in the malkhana on 20.01.2013 as mentioned in Ex.PW13/C encircled at point A.
28. HC Hari Pal He is also a formal witness being the MHCM of Police (PW14) Station Mangol Puri who has proved the following aspects:
1. That as per the record of Arms Register on 18.1.2013 one 9 mm pistol No. 18254888 with ten live cartridges were issued to SI Mukesh Antil;
one 9 mm pistol No. 18254884 with five live cartridges were issued to HC Jai Pal and one INSAS Rifle, Butt No. 3407 with five live cartridges were issued to Ct. Jitender and the entry dated 18.1.2013 in this regard is Ex.PW14/A.
2. That on 19.1.2013 SI Mukesh deposited the pistol with seven live cartridges; HC Jai Pal deposited the pistol with two live cartridges and Ct. Jitender deposited the Insas Rifle without any cartridges in the Malkhana and the arms entry dated 19.01.2013 is Ex.PW14/A.
3. That on 5.2.2013 he had handed over the above weapons to the Investigating Officer who seized all the said weapons vide memo Ex.PW14/B.
29. HC Phool Kumar He is a formal witness being the MHCM of Police Station (PW15) Sultan Puri who has proved the following aspects:
1. That as per the record of the Arms Register dated 18.1.2013 one AK47 Rifle No. KT437797 with twenty live cartridges was issued to Ct. Deshraj and on 19.1.2013 Ct. Deshraj deposited the said rifle along with eight live cartridges and the entry St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 246 in this regard is Ex.PW15/A.
2. That as per the record of District Kot, Outer District dated 29.9.2012 one 9 mm Glock Pistol with ten live cartridges was issued to ACP Sultan Puri Sh. Jasmeet Singh and the entry in this regard is Ex.PW15/B.
3. That on 19.1.2013 the above mentioned Glock Pistol was deposited in the Malkhana of Police Station Sultan Puri.
4. That on 5.2.2013 the Investigating Officer seized both the above weapons vide seizure memo Ex.PW15/C.
30. HC Munni Lal He is a formal witness who has proved that on 19.1.2013, (PW16) on the instructions of Inspector Om Dutt Vats Government Vehicle No. DL1LK9515; Gypsy No. DL1CJ7412 and Gypsy No. DL1CM4596 and the offending vehicle i.e. Tata 407 No. HR38AS2616 were taken to FSL vide RC No. 10/21/13 copy of which is Ex.PW16/A. He has proved that the above vehicles were deposited in FSL Rohini and receipt issued by FSL which is Ex.PW16/B.
31. HC Raj Kumar He is a formal witness being the MHCM of Police Station (PW17) Subhash Place who has proved the entry in register no.
19 vide S.No. 2875 copy of which is Ex.PW17/A (running into 21 pages); entry at S. No. 2876 copy of which is Ex.PW17/B; entry at S. No. 2879 copy of which is Ex.PW17/C; entry at S. No. 2880 copy of which is Ex.PW17/D; entry at S. No. 2938 copy of which is Ex.PW17/E; copy of S. No. 2956 copy of which is Ex.PW17/F; entry at S.No. 2971 copy of which is Ex.PW17/G (running into two pages); entry at S.No. 3073 copy of which is Ex.PW17/H; entry at S. No. 3111 copy of which is Ex.PW17/I (running into three pages); entry in register no. 21 Vide RC No. 39/21/13 copy of which is Ex.PW17/J (running into two pages) and receipt issued by FSL which is Ex.PW17/K; RC No. 40/21/13 copy of which is Ex.PW17/L and the receipt issued by FSL which is Ex.PW17/M. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 247
32. HC Rohtash He is a formal witness being the Duty Officer of Police (PW18) Station Subhash Place who has proved DD No. 6B which is Ex.PW18/A; copy of FIR No.32/13 which is Ex.PW18/B and his endorsement on the rukka Ex.PW18/C.
33. HC Mukesh Tyagi He is a formal who has proved the following aspects:
(PW19) 1. That on 22.1.2013 he along with the Investigating Officer went to the Mortuary of BSA Hospital from where the dead body of Yakub was got shifted to Mortuary of MAMC (Maulana Azad Medical College) in an Ambulance and was handed over to the Board constituted to conduct the postmortem.
2. That the dead body of Yakub was identified by his father Hanif and brother Aslam after which the Medical Board conducted the postmortem which proceedings were videographed by Ct. Sanjay and photographed by HC Ganesh.
3. That thereafter the dead body of Yakub was handed over to his family members and four pullandas along with sample seal was handed over to the Investigating Officer which were taken into possession vide memo Ex.PW19/A.
4. That after Postmortem Ct. Sanjay handed over two video cassettes to Investigating Officer which were taken into possession vide memo Ex.PW19/B.
5. That on 23.01.2013 the blood samples of accused Anwar, Sanwar, Khalid, Ankur Kumar and Tasleem were obtained at BSA hospital in sealed condition and same were seized by the Investigating Officer vide seizure memo Ex.PW19/C.
6. That on 22.02.2013 the blood sample of accused Asif was obtained at BSA hospital in sealed condition and same was seized by the Investigating Officer vide memo Ex.PW19/D.
34. HC Kuldeep He is a formal witness who has proved the following St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 248 (PW20) aspects:
1. That on the intervening night of 1819.1.2013 he was deputed as Incharge of PCR Van Commander 32 along with Ct. Rajpal as Driver.
2. That at about 2:25 AM they were positioned at Mahendra Park, Red Light when Commander 31 flashed a message on wireless that one Tata 407 had hit a barricade at Haryana Maitri Bhawan and speeding towards Britania Chowk and the occupants of the tempo was firing on the chasing police vehicles.
3. That on receipt of the message he immediately got alerted and with the help of one truck, the road leading towards Britania Chowk after red light was blocked.
4. That in the mean time one cream coloured Tata 407 tempo having Haryana Registration number was coming from Haryana Maitri Bhawan side turned towards Road No.44 being blocked by him and many police vehicles were seen chasing the Tata 407 tempo by blowing sirens.
5. That he started chasing the Tata Tempo and after reaching near Jheel Wala Park the Tata 407 hit footpath and stopped due to removal of tyre from the wheel base.
6. That some occupants of the tempo jumped out and tried to flee but some of them were caught by chasing police staff.
7. That in the offending Tata 407 bearing registration No. HR38AS2616 whose occupants were firing and pelting stones on chasing the police vehicles, one occupant was found lying in the tempo in injured condition.
35. HC Sangeet He is a formal witness being the PCR official at PHQ (PW21) who has proved that on the intervening night of 1819.1.2013 at about 2:37 AM a call was received from Mobile No. 8585919337 to the effect that from Deepali Chowk to Rani Bagh, near Pitampura police personals were being fired at on which he filledup the PCR Form St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 249 which is Ex.PW21/A.
36. Ct. Amin Khan He is a formal witness who has proved the following (PW22) aspects:
1. That on 1819.1.2013 at about 2:55 AM on receipt of information vide DD No.6B he along with SI Lalit reached the spot where senior officers were already present and one Tata 407 bearing No. HR38AS2616 was found stationed near Jheel Wala Park, Road No. 44 which was having bullet marks and loaded with three cows, one calf and one buffalo out of which one cow was injured and the buffalo had blood stains over her body.
2. That on right front side near the tempo, one long barrel desi katta was lying on the road and the police vehicle Tata 407 bearing No. DL1LK9515, one Gypsy No. DL1CJ7412 was found parked and were having bullet marks.
3. That inside the Gypsy four empty shells, two mis fired cartridges of 9 mm and one bullet lead was found lying and one more police Gypsy bearing No. DL1CM4596 was also parked there whose wind screen was damaged.
4. That one country made pistol was found lying in the dash board of tempo belonging to the accused persons, two empty shells were lying in the cabin; one katta and one leather belt containing 11 cartridges were lying on the floor in the body of the Tempo.
5. That rukka was prepared on the statement of SI Mukesh Antil and thereafter he took the rukka to the Police Station Subhash Place and got the FIR registered.
6. That the FSL team visited the spot after which Inspector Om Dutt Vats along with staff went to Bhagwan Mahavir Hospital where all the four accused persons were arrested.
37. Ct. Sanjay He is a formal witness being the Videographer of Crime (PW23) Branch who has proved having videographed the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 250 Postmortem proceedings of Yakub and has also proved the seizure memo of the video cassettes which is Ex.PW19/B.
38. Ct. Sher Singh He is also a formal witness who has proved that on (PW24) 19.1.2013 he got the dead body of deceased Yakub preserved in the mortuary of BSA Hospital for 72 hours and that on 22.1.2013 Inspector Sushil Kumar received the dead body of Yakub from the Mortuary of BSA Hospital.
39. Ct. Subhash He is a formal witness being the Photographer, Mobile (PW25) Crime Team NorthWest District who has proved having visited the scene of crime and having taken the photographs of the same which are Ex.PW25/A1 to Ex.PW25/A46 and CD of the same which is Ex.PW25/B.
40. Ct. Hans Raj He is a formal witness being the Crime Team (PW26) Photographer of Outer District who has proved having visited the scene of crime and having taken the photographs of the same which are Ex.PW26/A1 to Ex.PW25/A46, CD of which is Ex.PW26/B.
41. Sh. M.A. Rizvi He is the then Addl. DCP Outer District who has proved (PW33) the following aspects:
1. That on 15.04.2013 he was posted as Addl. DCP Outer District, Delhi and on that day he perused the case file of the present case i.e. case FIR No. 32/13 U/s 186/353/412/332/307/120B/34 IPC and 25/27 Arms Act, Section 3 of PDPP Act and Section 5 of Delhi Agriculture Cattle Preservation Act, Police Station Subhash Place along with all the relevant documents.
2. That it was found that there is sufficient evidence to prove that accused Anwar, S/o Tasawar, accused Sanwar, S/o Ibrahim, accused Khalid, S/o Sagird, accused Tasleem, S/o Moorsalin, accused Ankur, S/o Satpal, accused Hasrat, S/o Yusuf and accused Asif S/o Yunus have voluntarily obstructed the police officials (1) Sh. Rajiv St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 251 Ranjan, ACP Alipur, (2) Sh. Jasmeet Singh, ACP Sultanpuri, (3) SI Mukesh Antil, (4) SI Kamaljeet Singh, (5) HC Jaipal Singh, (6) HC (driver) Chella Ram, (7) Ct. Balkar Singh, (8) Ct. Ankit, (9) Ct. Rakesh, (10) Ct. Desh Raj, (11) Ct.
Jitender, (12) Ct. Umesh, (13) Ct. Vijay Pal and (14) Ct. Satender in discharge of their official duty, used criminal force against the above said police personal to deter them from the discharge of their official duties and fired on the police personal by using illegal arm in furtherance of their common intention to attempt to commit their murder.
3. That thereafter he made a complaint under Section 195 Cr.P.C. against the above said accused being the Administratively Superior of the above said police officials which complaint is Ex.PW33/A.
4. That the list of witness was also filed with the complaint and thereafter the complaint was filed in the court of Sh. Sanjay Jindal Ld. CMM.
42. Sh. Jasmeet Singh He is the then ACP Sultan Puri who has proved the (PW34) following aspects:
1. That on the intervening night of 15/16.01.2013 in the area of Police Station Shahbad Dairy a dangerous cattle lifting robber/ dacoit gang had committed an offence on which a case was registered.
2. That in this context intensive patrolling was being done on the orders of senior officers throughout the area of Outer District.
3. Witness has further deposed that on the intervening night of 18/19.01.2013 he was District Night GO and started patrolling at about 12.00 Midnight, along with his staff i.e. driver HC Chela Ram, Operator Ct. Rakesh having Glock Pistol with ten rounds sitting besides the driver, Ct. Desh Raj with AK47 with twenty rounds and Civil Defence Volunteer Jagtender Singh sitting St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 252 at the rear seat in his official Qualis Vehicle whereas he himself was sitting in the middle seat.
4. That other teams headed by ACPs and SHOs were also on patrolling.
5. That after some time when they left for patrolling, his Driver Chela Ram complained that he was having pain in his hand and on his instructions the Civil Defence Volunteer Jagtender Singh started driving his vehicle.
6. That at about 2.00AM while they were near Manav Chowk, wireless transmission was made that on the dividing road of Sector 1617 cattle lifting gang had lifted some cattle and also fired.
7. That on hearing this transmission and further transmission made by ACP Alipur Sh. Rajeev Ranjan, they became alert and headed towards K N Katju Marg.
8. That on reaching near Sachdeva School T Point, he noticed an off white coloured TATA 407 Tempo rashly driven, which was being chased by official gypsy of ACP Alipur on which they also started chasing the said tempo.
9. That the occupants of the tempo were continuously firing and throwing stones at their official vehicles on which he took the Glock Pistol from his operator Rakesh who was sitting beside driver on the front seat and he aimed at the rear tyre of the said tempo and fired after which the said tempo took a right turn towards the Ring Road, Madhuban Chowk, Underpass.
10. That since Ct. Desh Raj having AK 47 was unable to take any action, he directed Ct. Rakesh to take AK 47 from Ct. Desh Raj and to aim at the tyres of offending tempo.
11. That on his directions Ct. Rakesh fired at rear tires of the off white TATA 407 tempo and the offending tempo then took a left turn from Deepali Chowk.
12. That another police vehicle make TATA 407 also St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 253 joined the chase and during this, the occupants of offending tempo were continuously firing and throwing stones at police vehicles.
13. That he noticed that the gypsy of ACP Alipur slowed down and stopped and the offending tempo then took a left turn from Haryana Maitree Bhawan.
14. That the offending tempo then hit the police barricades on the way on which he fired towards the tyre of tempo after taking aim.
15. That the offending tempo then took a left turn from the side of Bikaner Sweets and the tempo then headed towards Jheel Wala Park.
16. That the rear left tyre of the offending tempo had burst and the tyre came out and the offending tempo then violently shook and after being driven for some distance, it came to a halt after hitting the pavement (footpath).
17. That about seveneight cattle lifters jumped out of the off white offending tempo and ran in different directions.
18. That since his Qualis was on right side, he saw one person who jumped out of drivers cabin from the driver's side seat on which he (witness) came out of his vehicle and warned him to stop.
19. That the description of that person was of approximate 5' 4", light beard, about 25 years of age and the said person did not stop even after being warned on which he fired one round aiming towards his feet, however that person jumped the wall of Jheel Wala Park and escaped whose name he came to know later on as Tasleem whom the witness has correctly identified in the Court both by pointing out and by name.
20. That a long barrel country made Katta had fallen on the road towards the driver side seat and another country made pistol with one round in the chamber and two rounds in the Magazine was found lying in the dash board of the offending St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 254 vehicle i.e. Tata 407.
21. That on the rear side of the offending vehicle a leather belt containing eleven live cartridges and one desi katta was also found.
22. That there were three cows, one calf and one buffalo on the rear side of the offending vehicle and some stones were also lying on the rear side of the offending vehicle i.e. Tata 407.
23. That one person who was lying unconscious on the rear side of offending vehicle who was immediately rushed to hospital through PCR.
24. That one person namely Sanwar whom the witness has correctly identified in the Court both by pointing out and by name who was overpowered by the police team of SI Mukesh Antil was also having one loaded katta.
25. That four persons namely Sanwar, Anwar, Ankur and Khalid were caught at the spot by police party whose names he came to know later on.
26. That he also came to know that driver of ACP Alipur Sh. Rajeev Ranjan had received gunshot injury on his shoulder due to firing by the accused persons who were in offending TATA 407 tempo in which they were carrying the cattle and during the chase.
27. That thereafter the Investigating Officer called the Mobile Crime Team at the spot and weapons recovered from the accused persons were handed over to the Investigating Officer who conducted the proceedings as per law.
28. That he thereafter left the spot for his office at around 7:30 AM and in this regard DD No. 7A dated 19.1.2013 was made by him in Police Station Sultan Puri photocopy of which DD is Ex.PW34/A. He has correctly identified the accused Tasleem. Sanwar, Anwar, Ankur and Khalid in the Court.
43. Sh. Rajeev He is the then ACP Alipur who has deposed on the Ranjan (PW35) following lines:
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 255
1. That on 15.1.2013 he was posted as ACP Alipur Outer District.
2. That in the intervening night of 15/16 January, 2013 there was an incident in which a gang of cattle robbers committed a robbery in the area of Police Station Shahbad Dairy on a Tata 407 and also fired upon police officials and hit police vehicles with that Tata 407, accordingly a case was registered in Police Station Shahbad Dairy.
3. That in view of this incident intensive patrolling and vehicle checking was ordered in Outer District.
4. That in the intervening night of 18/19 January 2013, he was on Convoy Patrolling along with other police officers of Outer District and Ct.
Balkar as his driver and Ct. Ankit as his operator who was also carrying a 9mm pistol and 9 live cartridges of 9mm, in his government gypsy no.
DL 1CJ 7412.
5. That at around 2:00 AM at night a wireless message was received that near the dividing road of Sector 1617, Rohini, some criminals have robbed cattle in a vehicle and have also fired, accordingly intensive search and checking was started for the offending vehicle.
6. That at that time his position was near village Daulatpur and he along with his staff also started searching for the offending vehicle.
7. That at around 2:20 AM when he reached at K N Katju Marg he spotted a Tata 407 vehicle driving at very high speed in the directions of Outer Ring Road and there were some cattle loaded on the back of the Tata 407 bearing no. HR 38AS 2616 and four to five persons were sitting on the backside of the said vehicle.
8. That his operator Ct. Ankit signaled the said vehicle to stop but the said vehicle speededup and overtook his gypsy.
9. That they started chasing the said Tata 407 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 256 vehicle and transmitted the message on wireless.
10. That the persons on the back of the said Tata 407 started pelting stones on them and also fired upon them and in their selfdefence, he took the 9 mm pistol from Ct. Ankit and fired towards the tyre of the offending Tata 407 vehicle.
11. That one of his round misfired on which he again fired a second round.
12. That near Sachdeva Shcool, ACP Jasmeet Singh also joined them and chased the offending Tata 407 in his government vehicle make Qualis.
13. That the persons on the back of Tata 407 kept pelting stones and firing on pursuing police parties.
14. That on Red Light of the Outer Ring Road the said Tata 407 jumped red signal and dangerously turned towards right in the direction of Madhuban Chowk and he again fired from his 9 mm pistol towards the offending vehicle, but the driver of the said vehicle did not stop the vehicle.
15. That when the said vehicle crossed Madhuban Chowk underpass, one of the rounds fired by the criminals sitting on the Tata 407 vehicle fired towards his vehicle as a result of which the wind screen of his government gypsy was broken and the bullet hit his driver Ct. Balkar on his right shoulder and he received injury.
16. That he again fired two rounds towards the said Tata 407 but one of the round misfired and Ct.
Balkar kept driving the gypsy despite his injury.
17. That at Deepali Chowk, another police vehicle make Tata 407 joined the pursuit and the offending Tata 407 turned left towards Haryana Maitri Bhawan and kept firing on the pursuing police vehicles.
18. That after turning left from Deepali Chowk, he asked his driver Ct. Balkar to stop the vehicle and to sit in the back seat of the gypsy in view of his injury and he directed Operator Ct. Ankit to drive St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 257 the gypsy.
19. That thereafter he again started chasing in the directions of offending Tata 407 which had again turned left near Haryana Maitri Bhawan and he also spotted a broken barricade on the police picket near Haryana Maitri Bhawan.
20. That the persons on offending Tata 407 were firing heavily on the pursuing police vehicles.
21. That the offending Tata 407 then turned left near Bikaner Sweets and then it turned towards Road No. 44 towards Lok Vihar and he again fired towards the offending Tata 407.
22. That the rear left tyre of the offending Tata 407 was completely burst due to firing by the police party and the rear right tyre was punctured and the vehicle itself was tilting towards left and swerving dangerously and it hit the footpath near Jheel Wala Park and stopped.
23. That seven to eight persons jumped out from the offending vehicle and ran in different directions and the pursuing police parties also chased the criminals and his operator Ct. Ankit caught one of the criminals who on inquiry disclosed his name as Ankur whom the witness has correctly identified in the Court.
24. That three other assailants namely Sanwar, Anwar and Khalid whom the witness has correctly identified in the Court were also apprehended by police officials and one assailant was found lying unconscious in the back side of offending Tata 407 vehicle who was handed over to PCR.
25. That three other assailants who were later identified as Asif, Taslim and Hasrat managed to escape.
26. That there was one long barrel country made gun lying on the road near the right front tyre of the offending Tata 407; one country made pistol with one round in its chamber and two rounds in St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 258 magazine was found lying in the dash board of the offending Tata 407; one country made pistol and a leather belt containing eleven live cartridges were found lying in the backside of the offending Tata 407 vehicle and one country made pistol was recovered from Sanwar by SI Mukesh Antil.
27. That there were three cows, one buffalo and one calf in the offending Tata 407 vehicle and one of the cows was in injured condition and there were some gravel stones also lying in the backside of the Tata 407 where the cattle were confined.
28. That in total he fired six rounds out of which two were misfired.
29. That thereafter the apprehended assailants and the recovered articles and the weapons including offending Tata 407 and scene of crimes was handed over to the Investigating Officer Inspector Om Dutt Vats who further carried out the investigations.
44. SI Lalit Kumar This witness has deposed on the following aspects:
(PW36) 1. That in the intervening night of 1819.01.2013 he was posted at Police Station Subhash Place and on that day he was on duty from 8 PM to 8AM.
2. That at about 2:55 AM he received information vide DD No. 6B that one pickup tempo had been caught by police at Mahendra Park, Street/ Road No. 44 having cows and it was also informed that six injured persons had already been taken to Bhagwan Mahavir Hospital.
3. That on the receipt of this information he along with Ct. Amin Khan reached at the spot where the SHO and other senior officers also came at the spot and staff of the Outer District were already present there and they found TATA 407 tempo stationed on the side of the Jheel Wala Park.
4. That three cows were there in the tempo, one of them was injured and one calf and one buffalo was also amongst them and the buffalo was having blood stains.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 259
5. That the right tyre of the tempo was found punctured and the left tyre of the tempo was found lying in half burnt condition on the road.
6. That one gun having long barrel was also found lying on the road on the ahead of the tempo.
7. That one police tempo bearing No. DL1LK9515 and one gypsy bearing No. DL1CJ7412 was also found stationed there which was also having bullet marks.
8. That four empty cartridge and two misfired fired cartridges, one batch of Delhi Police and one led were also found inside the gypsy and another gypsy bearing No. DL1CM4596 was also found stationed there wind screen of which was damaged.
9. That all the injured had already been taken to the hospital and the tempo was having one loaded country made pistol and on checking it was found containing one live cartridge and two live cartridges in the magazine.
10. That one katta and leather belt having eleven cartridges was lying on the body of the tempo on back side.
11. That the message was conveyed to Crime Team, Outer District and NorthWest District and the statement of SI Mukesh Antil of Police Station Mangolpuri was recorded.
12. Thaat Investigating Officer Inspector Om Dutt prepared the rukka and the same was sent to the Police Station Subhash Place for getting the case registered through Ct. Amin Khan.
13. That SI Mukesh Antil produced one loaded desi katta before the Investigating Officer Inspector Om Dutt on which Inspector Om Dutt prepared the sketch of the katta and the cartridge vide Ex.PW36/A.
14. That the Investigating Officer converted the same into possession and sealed with the seal of OM and took the same into possession vide seizure St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 260 memo Ex.PW36/B.
15. That the Investigating Officer Inspector Om Dutt inspected the spot and prepared the site plan in his presence vide Ex.PW36/C and Inspector Om Dutt inspected the spot at the instance of Crime Team.
16. That the Investigating Officer lifted country made gun having long barrel and prepared its sketch vide Ex.PW36/D and then converted the same into pullanda and sealed with the seal of OM and also took the same into possession vide seizure memo Ex.PW36/E.
17. That one desi katta was also lifted from the body of the tempo and Investigating Officer prepared the sketch of the said katta vide memo Ex.PW36/F after which the Investigating Officer prepared the pullanda of the same and sealed with the seal of OM and also took the same into possession vide seizure memo Ex.PW36/G and sketch of 11 cartridges was also prepared vide Ex.PW36/H.
18. That one leather belt along with eleven cartridges were wrapped in cloth and prepared the pullanda and was also taken into possession vide memo Ex.PW36/I.
19. That the country made pistol recovered from the dash board of the tempo of the accused persons containing one live cartridge in its chamber and two live cartridges along with the magazine were also measured and Investigating Officer prepared their sketch vide Ex.PW36/J.
20. That the same was also wrapped in cloth and converted into pullanda and sealed with the seal of OM and seized vide seizure memo Ex.PW36/K.
21. That the Investigating Officer filled in form FSL and the recovered three cows, one calf and buffalo recovered from the tempo of the accused persons were also taken into possession vide seizure memo Ex.PW36/L. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 261
22. That the blood stains were taken from the buffalo and kept in the container and sealed with the seal of OM and seized vide seizure memo Ex.PW36/M and the blood stained hairs were taken from the buffalo and kept in a container and sealed with the seal of OM and taken into possession vide seizure memo Ex.PW36/N.
23. That the control hair of the buffalo were also kept in a container and sealed with the seal of OM and taken into possession vide seizure memo Ex.PW36/O.
24. That the aforesaid animals were sent to the Animal Care Center and in the meantime Ct.
Amin Khan came back to the spot along with the copy of FIR and original rukka and same were handed over to the Investigating Officer.
25. That the FSL Team also came to the spot and Sh. K.C. Varshney of FSL was taken to Bhagwan Mahavir Hospital along with other staff.
26. That the Investigating Officer collected six MLCs bearing No. 231/13 to 236/13 and the MLC No. 231/13 was pertaining to Yakub who was declared by the doctor as brought dead and the MLC No. 236/13 was pertaining to Ct. Balkar Singh who sustained injuries in this incident.
27. That the Investigating Officer collected the sealed parcel containing the clothes of Ct. Balkar Singh duly sealed with the seal of the hospital along with sample seal and the same was taken into possession vide seizure memo Ex.PW36/P.
28. That the injured/accused Khalid and Sanwar were referred to Safdarjung Hospital whereas the accused Anwar and Ankur were already admitted in the Bhagwan Mahavir Hospital.
29. That on the instructions of Dr. K.C. Varshney Investigating Officer obtained the hand wash of deceased Yakub, injured Ankur and Anwar which were taken into possession.
30. That the seizure memo in respect of accused St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 262 Anwar is Ex.PW36/Q; seizure memo in respect of accused Ankur is Ex.PW36/R and the seizure memo in respect of deceased Yakub is Ex.PW36/S.
31. That the body of the deceased Yakub was sent to BSA hospital through Ct. Sher Singh for getting the body preserved.
32. That HC Azad, Ct. Baldev, HC Niranjan, Ct.
Dharmender were called in the hospital from the Police Station and they were left in the hospital for guarding Ankur and Anwar whereas he along with Investigating Officer Inspector Om Dutt, SI Mukesh, HC Niranjan and Ct. Dharmender went to Safdarjung Hospital where the hand wash and control of accused Khalid and Anwar were taken vide Ex.PW36/T and Ex.PW36/U respectively.
33. That thereafter Ct. Dharmender and HC Niranjan were left in the Safdarjung hospital and he along with Investigating Officer and SI Mukesh came back to the spot and inspected the spot.
34. That on inspection they found three empty cartridges, out of which one was lying near garbage on the road and two were lying on the road and Investigating Officer prepared the sketch of the same separately vide Ex.PW36/V1, Ex.PW36/V2 and Ex.PW36/V3 respectively.
35. That the aforesaid three parcels were converted into pullanda and sealed with the seal of OM and were also taken into possession vide seizure memos Ex.PW36/W1, Ex.PW36/W2 and Ex.PW36/W3 respectively.
36. That four empty cartridges, two live cartridges were also taken from the government gypsy and Investigating Officer prepared the sketch of the said cartridges vide Ex.PW36/X and the said parcel was taken into possession vide seizure memo Ex.PW36/X1.
37. That the badge recovered from the police gypsy was also lifted and the same was sealed with the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 263 same seal and taken into possession vide seizure memo Ex.PW36/Y.
38. That the Investigating Officer prepared the sketch of the lead vide Ex.PW36/Z1 and the same was also kept in a small container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z2.
39. That the stones lying on the body of the vehicle which were blood stained and having dung (gobar) were also kept in the same bag which was already containing the stones.
40. That the said bag was again kept in another bag and sealed with the same seal and was taken into possession vide seizure memo Ex.PW36/Z3.
41. That the blood was lifted from the left side where the offending vehicle was stationed and the same was lifted with the help of cotton and kept in a container and sealed with the same seal and the said parcel was taken into possession vide seizure memo Ex.PW36/Z4.
42. That the earth control was also lifted from the left side of the offending vehicle and was kept in a container and sealed with the same seal which parcel was taken into possession vide seizure memo Ex.PW36/Z5.
43. That FSL Form was filled in and all the four vehicles were taken into possession along with keys vide memos Ex.PW36/Z6 to Ex.PW36/Z9.
44. That the pieces of tyre were also sealed with the same seal and taken into possession vide memo Ex.PW36/Z10. Witness has further deposed that the burnt tyre pieces were collected and kept in a bag and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z11.
45. That another bag was found near the vehicles containing five shawls, 21 pieces of rope, sweater, jacket, bucket, one darati (instrument for cutting crops), one pair of shoes and the aforesaid articles were taken into possession vide seizure St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 264 memo Ex.PW36/Z12.
46. That Jheel Wala Park was inspected and one blood stained stone was found inside the park near the wall which stone was wrapped in cloth and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z13.
47. That FSL From was filled and two empty live cartridges were also recovered from the cabin of the offending vehicle sketch of which cartridges was prepared vide Ex.PW36/Z14.
48. That the said cartridges were kept in a container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z15.
49. That the seal after use was handed over to him and Investigating Officer recorded the statements of ACP Rajiv Ranjan, ACP Jasmeet Singh and Shri Jagtinder Singh Volunteer of the Civil Defence under Section 161 Cr.P.C.
50. That thereafter they went to Bhagwan Mahaveer Hospital where HC Niranjan and Ct.
Dharmender brought accused Khalid and Sanavar who were interrogated.
51. That the accused Ankur was arrested vide memo Ex.PW36/Z16, the accused Sanwar was arrested vide memo Ex.PW36/Z17, the accused Khalid was arrested vide memo Ex.PW36/Z18 and the accused Anwar was arrested vide memo Ex.PW36/Z19.
52. That the accused Ankur was personally searched vide memo Ex.PW36/Z20, accused Sanwar was personally searched vide memo Ex.PW36/Z21, accused Khalid was personally searched vide memo Ex.PW36/Z22 and the accused Anwar was personally searched vide memo Ex.PW36/Z23.
53. That disclosure statement of accused Anwar was recorded at the hospital vide Ex.PW36/Z24 and the accused Anwar was kept under supervision of HC Niranjan and Ct. Dharmender for further St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 265 treatment.
54. That thereafter they along with all the accused persons except Anwar reached at Police picket near Haryana Maitri Bhawan where one barricade which was struck by the accused persons was taken into possession vide seizure memo Ex.PW36/Z25 and they all came back to the Police Station where the case property was deposited in the Malkhana.
55. That the disclosure statement of other accused persons were also recorded and the disclosure statement of Ankur is Ex.PW36/Z26, the disclosure statement of Sanwar is Ex.PW36/Z27, disclosure statement of Khalid is Ex.PW36/Z28 and the disclosure statement of Anwar is Ex.PW36/Z29.
56. That he handed over the seal to the MHC(M) after getting deposited the case property in the Malkhana.
45. Inspector Mukesh This witness has deposed on the following aspects:
Antil (PW37) 1. That on the intervening night of 18.01.2013 and 19.01.2013, he was posted at Sub Inspector at Police Station Mangolpuri.
2. That on the intervening night of 1516.01.2013 there was an incident of cattle theft and firing on the police party in respect of which an FIR No. 20/13 under various sections was registered.
3. That in the background of this incident, the patrolling in the District had been enhanced to prevent similar incident.
4. That on the intervening night of 18.01.2013 and 19.01.2013, he was on patrolling duty in the TATA 407 Tempo bearing no. DL1LK9515 along with the staff comprising of HC Jai Pal, Ct. Jitendra, Ct. Umesh and driver Ct. Vijay Pal.
5. That while they were checking near the police picket Peeragarhi, at around 2:00 AM they received a wireless message that on the intersection of Sector 1617 Rohini on the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 266 dividing road some persons had committed cattle theft and also fired on the police party.
6. That they were directed to check the various vehicles and at that time they were at Peeragarhi Flyover Picket with his staff and SHO Mangolpuri and Inspector Satya Prakash and the remaining staff were also present.
7. That on receipt of this information, he moved towards Deepali Chowk and as soon as they reached near Deepali Chowk they saw that one TATA 407 of white color coming from Madhuban Chowk side and there were two police vehicles chasing them.
8. That one of the vehicle was gypsy whereas the other was Qualis.
9. That he noticed that firing was going on from both the sides and some persons sitting in the Tata 407 of white color were throwing stones on the police vehicles.
10. That he also started chasing the said vehicle and during this firing, the left tyre of Tata 407 which was being chased had been hit but still the said vehicle was moving and he also made a return fire.
11. That suddenly one of the police gypsies slowed down and stopped on the left side but he continued to follow the said tempo which then reached the Haryana Maitri Bhawan which is on the same road and thereafter turned left from the Tpoint and hit the barricading made by the personnel of Police Station Rani Bagh.
12. That one barricade fell down but the vehicle crossed and kept in moving in a zig zag manner and when it reached near road no.44, it turned left from the corner of Bikaner Sweets on Road No. 44 where one of the tyre which was hit by the police firing burst and fell after a distance of about 700 to 800 meters.
13. That the tempo still kept moving on the rim for St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 267 about 40 meters, it tilted on one side and stopped, however before the tempo could stop the person sitting inside jumped out and started running in different directions.
14. That two persons sitting on the cabin came out from the left side and one person came out from the body of the tempo and he saw the fourth person taking a round from the driver side and running towards the Jheel Wala Park.
15. That all four of them were trying to scale the wall while he and his party started chasing them and thereafter he and his team apprehended one person namely whose name he later came to know was Sanwar S/o Ibrahim, R/o Village Nahal, Police Station Massorie, District Ghaziabad whereas other three persons managed to escape.
16. That he made inquiries from Sanwar and conducted his casual search which revealed a loaded country made katta with one live round.
17. That in the meantime, ACP Sultanpuri Jasmeet Singh and ACP Shri Rajiv Ranjan also reached the spot and they too apprehended three persons whose names he later on came to know were Ankur, Khalid and Anwar @ Anu, all three residents of village Nahal.
18. That another person was also apprehended by him whose name he came to know was Yakub S/o Unknown R/o Unknown who was injured and in the meanwhile, the PCR reached the spot and injured was sent to Bhagwan Mahavir Hospital through the PCR officials.
19. That the Tempo TATA 407 bearing registration no. 38AS 2616 number plate on the same which was being driven by the assailants was checked and it was containing one calf and one buffalo and just in front of the tempo one long barrel gun was lying.
20. That body of the tempo was thoroughly checked during which one country made katta and one St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 268 belt meant for carrying bullets was found lying which on checking was found to contain eleven live rounds.
21. That from the dashboard one country made pistol was recovered which on checking contained two live rounds i.e one in barrel and two in the magazine.
22. That the witness Sanwar who had been apprehended by him and his team was also slightly injured after which he was shifted to Bhagwan Mahavir Hospital through the vehicle of SHO Mangolpuri along with Ct. Gaurav and his statement was recorded by Inspector Om Dutt which is Ex.PW37/A.
23. That Inspector Om Dutt prepared a Rukka and send the same to the Police Station through Ct.
Amin after which Inspector Om Dutt prepared the sketch of the katta and the cartridge recovered from its chamber which is Ex.PW36/A.
24. That the said katta and cartridge were wrapped in cloth and Inspector Om Dutt prepared the seizure memo Ex.PW36/B.
25. That Inspector Om Dutt inspected the spot at his instance after which the Investigating Officer lifted the country made gun having long barrel and prepared its sketch vide Ex.PW36/D.
26. That the Investigating Officer converted the same into pullanda and sealed the same with the seal of OM and took the same into possession vide seizure memo Ex.PW36/E.
27. That one desi katta was also lifted from the body of the tempo and the Investigating Officer prepared the sketch of the said katta vide memo Ex.PW36/F.
28. That the Investigating Officer then prepared the pullanda of the same, sealed the same with the seal of OM and took the same into possession vide seizure memo Ex.PW36/G and the sketch of eleven cartridges was also prepared vide St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 269 Ex.PW36/H.
29. That one leather belt along with eleven cartridges were wrapped in cloth and prepared the pullanda and was also taken into possession vide memo Ex.PW36/I.
30. That the country made pistol recovered from the dash board of the tempo of the accused persons containing one live cartridge in its chamber and two live cartridges along with the magazine were also measured and Investigating Officer prepared their sketch vide Ex.PW36/J.
31. That the same was also wrapped in cloth and converted into pullanda and sealed with the seal of OM and seized the same vide seizure memo Ex.PW36/K after which the Investigating Officer filled in form FSL.
32. That three cows, one calf and buffalo recovered from the tempo of the accused persons were also taken into possession vide seizure memo Ex.PW36/L.
33. That the blood stains were lifted from the buffalo which were kept in a container and sealed with the seal of OM and seized vide seizure memo Ex.PW36/M.
34. That the blood stained hair were taken from the buffalo and kept in a container and sealed with the seal of OM and taken into possession vide seizure memo Ex.PW36/N.
35. That the control hair of the buffalo were also kept in a container and sealed with the seal of OM and taken into possession vide seizure memo Ex.PW36/O.
36. That the aforesaid animals were sent to animal care center and in the meantime Ct. Amin Khan came back to the spot along with the copy of FIR and original rukka which were handed over to the Investigating Officer.
37. That the FSL Team also came to the spot and Sh. K.C. Varshney from FSL was taken to Bhagwan St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 270 Mahavir Hospital along with other staff.
38. That the Investigating Officer collected six MLCs bearing No. 231/13 to 236/13 and the MLC No. 231/13 was pertaining to Yakub who was declared by the doctor and the MLC No. 236/13 was pertaining to Ct. Balkar Singh who sustained injuries in this incident.
39. That Investigating Officer collected the sealed parcel containing the clothes of Ct. Balkar Singh duly sealed with the seal of the hospital along with sample seal and the same was taken into possession vide seizure memo Ex.PW36/P.
40. That the injured/ accused Khalid and Sanwar were referred to Safdarjung Hospital and the accused Anwar and Ankur were already admitted in the Bhagwan Mahavir Hospital.
41. That on the instructions of Dr. K.C. Varshney Investigating Officer obtained the hand wash of deceased Yakub, injured Ankur and Anwar which were taken into possession.
42. That the seizure memo in respect of accused Anwar is Ex.PW36/Q; seizure memo in respect of accused Ankur is which is Ex.PW36/R and the seizure memo in respect of deceased Yakub which is Ex.PW36/S.
43. That Sh. K.C. Varshney was relieved from the hospital after which the body of the deceased Yakub was sent to BSA hospital through Ct. Sher Singh for getting his postmortem conducted.
44. That HC Azad, Ct. Baldev, HC Niranjan, Ct.
Dharmender were called in the Hospital from the Police Station and HC Azad and Ct. Baldev were left in the hospital for guarding Ankur and Anwar.
45. That he along with Investigating Officer Inspector Om Dutt, SI Lalit, HC Niranjan and Ct.
Dharmender went to Safdarjung hospital where the hand wash and control of accused Khalid and Anwar were taken vide Ex.PW36/T and Ex.PW36/U respectively.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 271
46. That thereafter Ct. Dharmender and HC Niranjan were left in the Safdarjung Hospital and he along with Investigating Officer and SI Lalit came back to the spot and inspected the spot.
47. That on inspection they found three empty cartridges, out of which one was lying near garbage on the road and two were lying on the road on which the Investigating Officer prepared the sketch of the same separately vide Ex.PW36/V1, Ex.PW36/V2 and Ex.PW36/V3 respectively.
48. That the aforesaid three parcels were converted into pullanda and sealed with the seal of OM which were also taken into possession vide seizure memos Ex.PW36/W1, Ex.PW36/W2 and Ex.PW36/W3 respectively.
49. That four empty cartridges, two live cartridges were also taken from the government gypsy and thereafter the Investigating Officer prepared the sketch of the said cartridges vide Ex.PW36/X which parcel was taken into possession vide seizure memo Ex.PW36/X1.
50. That the badge recovered from the police gypsy was also lifted and was sealed with the same seal which was taken into possession vide seizure memo Ex.PW36/Y.
51. That the Investigating Officer prepared the sketch of the lead vide Ex.PW36/Z1 and the same was also kept in a small container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z2.
52. That the stones lying on the body of the vehicle which were blood stained and having dung (gobar) were also kept in the same bag which was already containing the stones and the said bag was again kept in another bag and sealed with the same seal.
53. That the said bag was taken into possession vide seizure memo Ex.PW36/Z3.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 272
54. That the blood was lifted with the help of cotton from the left side where the offending vehicle was stationed and was kept in a container and sealed with the same seal after which the said parcel was taken into possession vide seizure memo Ex.PW36/Z4.
55. That the earth control was also lifted from the left side of the offending vehicle and the same was also kept in a container and sealed with the same seal after which the said parcel was taken into possession vide seizure memo Ex.PW36/Z5.
56. That the FSL Form was filled up and thereafter all the four vehicles were taken into possession along with keys vide memos Ex.PW36/Z6 to Ex.PW36/Z9.
57. That the pieces of tyre were also sealed with the same seal and taken into possession vide return memo Ex.PW36/Z10 and the burnt tyre pieces were collected and kept in a bag and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z11.
58. That another bag was found near the vehicles containing five shawls, twenty one pieces of rope, sweater, jacket, bucket, one darati (instrument for cutting crops), one pair of shoes and the aforesaid articles were taken into possession vide seizure memo Ex.PW36/Z12.
59. That Jheel Wala Park was inspected and one blood stained stone was found inside the park near the wall which stone was wrapped in cloth and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z13.
60. That two empty live cartridges were also recovered from the cabin of the offending vehicle, sketch of which cartridges was prepared vide Ex.PW36/Z14 and the said cartridges were kept in a container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z15.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 273
61. That the seal after use was handed over to SI Lalit and Investigating Officer recorded the statements of ACP Rajiv Ranjan, ACP Jasmeet Singh and Shri Jagtinder Singh a Volunteer of Civil Defence under Section 161 Cr.P.C after which they were relieved from there.
62. That thereafter, they went to Bhagwan Mahaveer Hospital where HC Niranjan and Ct.
Dharmender brought accused Khalid and Sanavar who were interrogated.
63. That the accused Ankur was arrested vide memo Ex.PW36/Z16, accused Sanwar was arrested vide memo Ex.PW36/Z17, accused Khalid was arrested vide memo Ex.PW36/Z18 and accused Anwar was arrested vide memo Ex.PW36/Z19.
64. That accused Ankur was personally searched vide memo Ex.PW36/Z20, accused Sanwar was personally searched vide memo Ex.PW36/Z21, accused Khalid was personally searched vide memo Ex.PW36/Z22 and accused Anwar was personally searched vide memo Ex.PW36/Z23 after which the disclosure statement of accused Anwar was recorded in the Hospital vide Ex.PW36/Z24.
65. That the accused Anwar was kept under supervision of HC Niranjan and Ct. Dharmender for further treatment and thereafter they along with all the accused persons except Anwar reached at Police Picket near Haryana Maitri Bhawan.
66. That one barricade which was struck by the accused persons was taken into possession vide seizure memo Ex.PW36/Z25.
67. That they all came back to the Police Station where the case property was deposited in the Malkhana.
68. That the disclosure statement of other accused persons were also recorded, disclosure statement St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 274 of Ankur is Ex.PW36/Z26, disclosure statement of Sanwar is Ex.PW36/Z27, disclosure statement of Khalid is Ex.PW36/Z28 and the disclosure statement of Anwar is Ex.PW36/Z29.
69. That on 31.1.2013 he again joined the investigations of this case with the Investigating Officer and on that day he had come in the office of the Crime Branch, Sector 14, Rohini and brought the details of Malkhana Register.
70. That at that time Inspector Sushil Kumar was interrogating one person who was identified by him as Hasrat s/o Yusuf as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38AS2616 who managed to escape from the spot after jumping the wall of the park.
71. That he had identified him (Hasrat) correctly after which his statement was again recorded by the Investigating Officer under Section 161 Cr.PC.
72. That on 22.2.2013 he came in the office of Crime Branch Sector14 Rohini and at that time Investigating Officer was interrogating another accused namely Asif S/o Yunus as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38 AS 2616 who managed to escape from the spot after jumping the wall of the park and he had identified him correctly.
73. That the log book showing the details of the government vehicle DL1LK9515 copy of which is Ex.PX1 and the roznamcha showing his departure and arrival on the relevant date and time copy of which is Ex.PX2.
He has correctly identified the accused Ankur Kumar, Anwar, Sanwar, Khalid, Hasrat and Asif.
46. Brahma Deen He is the Driver at Sanjay Gandhi Animal Care Center, St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 275 (PW42) Raja Garden who has deposed on the following aspects:
1. That on 19.01.2013 in the morning he came on duty and he was handed over a complaint by the supervisor and asked him to reach at Lok Vihar, near Jheel Wala Park for animal pickup.
2. That he took vehicle bearing No. DL1A1485 and reached Lok Vihar near the Jheel Wala Park, Pitampura where he met large number of police officers.
3. That with the help of police officials one buffalo and two cows, all injured with bloods at various places were transferred to their vehicle from cream colored Tempo bearing No. HR38 AS2616.
4. That after picking up the animals he went back to Sanjay Gandhi Animal care Center and handed over the animals to Dr. Nand Kishore.
5. That the driver of the other pickup van of animal care center namely Ashok Chaudhary also picked up two cows which she had picked up to Sanjay Gandhi Animal Care center for treatment.
47. Retd. ASI/ Tech. He is the Mechanical Expert who has proved that on Devender Kumar 05.03.2013 he had carried out the mechanical inspection (PW43) of TATA Tempo 407 bearing No. HR38AS2616, TATA Tempo 407 bearing No. DL1LK9515, Maruti Gypsy bearing No. DL1CM4596 and Maruti Gypsy bearing No. DL1CJ7412 after which he prepared the mechanical reports of the same. He has proved the Mechanical Inspection report of TATA Tempo 407 bearing No. HR38AS2616 which is Ex.PW43/A; mechanical inspection report of TATA Tempo 407 bearing No. DL1LK9515 which is Ex.PW43/B;
mechanical inspection report of Maruti Gypsy bearing No. DL1CM4596 which is Ex.PW43/C and the mechanical inspection report of Maruti Gypsy bearing No. DL1CJ7412 which is Ex.PW43/D.
48. Ct. Ravinder This witness has proved the following aspects: St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 276
(PW44) 1. That on the intervening night of 1819.01.2013 he was posted at Police Station Mangol Puri and on that day he was on picket duty along with SHO Police Station Mangolpuri Inspector Ashok Sharma and Inspector Investigations Police Station Mangolpuri Inspector Satya Parkash, SI Mukesh Antil and Ct. Gaurav.
2. That while they were checking the vehicles at about 2:00 AM when they received a WT Message that some persons involved into cattle theft had stolen some cattle from Sector16 Rohini and were moving on the Outer Ring Road and were coming towards their side from the Madhuban Chowk side.
3. That on receipt of this message SI Mukesh Antil started moving towards Deepali Chowk in TATA 407 along with other staff while he along with Inspector Satya Parkash and Ct. Gaurav remained there in their ERV.
4. That they again received a WT Message that the said cattle thieves had moved from Deepali Chowk towards Mahendra Park and on which he along with Inspector Satya Parkash and Ct.
Gaurav reached Mahendra Park in their ERV where they found one cream color TATA 407 with one tyre burst stationed at the corner of Mahendra Park.
5. That the said vehicle was contained three cows, one calf and one buffalo and one injured whose name he later came to know as Yakub lying on the body of TATA 407.
6. That the PCR officials also reached the spot and on the directions of the SHO of Police Station Mangolpuri he shifted the injured Yakub to the PCR vehicle which shifted him to the hospital while he along with other staff remained there.
7. That large number of police officials were also present at the spot.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 277
49. Ct. Gaurav This witness has deposed on the following aspects:
(PW45) 1. That on the intervening night of 18/19.01.2013 he was posted at Police Station Mangolpuri and on that day he was on picket duty on the fly over along with SHO Police Station Mangolpuri Inspector Ashok Sharma and Inspector Investigations Police Station Mangolpuri Inspector Satya Parkash, SI Mukesh Antil and Ct.
Ravinder.
2. That they were checking the vehicles at about 2:00 AM when they received a WT message that some persons involved in cattle theft had stolen some cattle from Sector 16 Rohini and were moving on the Outer Ring Road and were coming towards their side from Madhuban Chowk side.
3. That on receipt of this message SI Mukesh Antil and his staff started moving towards Deepali Chowk in TATA 407 while he along with Inspector Satya Parkash and Ct. Ravinder remained at the picket in their ERV.
4. That they again received a WT Message that the said cattle thieves had moved from Deepali Chowk towards Mahendra Park and had been cornered on which he along with Inspector Satya Parkash and Ct. Ravinder reached Mahendra Park in their ERV.
5. That there they found one cream color TATA 407 with one tyre burst and tilted on one side stationed at the corner of Mahendra Park.
6. That the said vehicle was containing three cows, one calf and one buffalo and one injured whose name he later came to know as Yakub lying on the body of TATA 407.
7. That PCR officials also reached the spot and on the directions of the SHO of Police Station Mangolpuri Ct. Ravinder shifted the injured Yakub to the PCR vehicle which shifted him to the hospital while he along with other staff remained at the spot.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 278
8. That large number of police officials were also present there and four accused had been apprehended whose name he then came to know as Anwar, Sanwar, Khalid and Ankur.
9. That Sanwar was handed over to his custody along with custody of Ct. Umesh and they were directed to take him to Bhagwan Mahavir Hospital for treatment on which they shifted Sanwar to official gypsy and took him to Bhagwan Mahavir Hospital where he was provided preliminary treatment after which he was transferred to Safdarjung Hospital.
10. That in the meanwhile Khalid was also brought to the Bhagwan Mahavir Hospital and thereafter on the directions of Inspector Om Dutt Vats and the doctors he along with Ct. Umesh and the hospital staff shifted the accused Sanwar and Khalid to Safdarjung hospital.
11. That in the Safdarjung Hospital they also met HC Niranjan and Ct. Dharmender who assisted them and then medical was got conducted on both the accused and they were provided further treatment and discharged after which they returned back to Bhagwan Mahavir Hospital and handed over the accused to Inspector Om Dutt Vats.
12. That in their presence the handwash of the accused Sanwar and Khalid was taken by Inspector Om Dutt Vats and his statement was recorded by Inspector Sushil Kumar from Crime Branch much later.
The witness has correctly identify the accused Ankur, Anwar, Sanwar and Khalid in the Court.
50. HC Babu Ram This witness has deposed on the following aspects:
Dogra (PW46) 1. That on the intervening night of 18/19.01.2013 he was posted in the PCR NW Zone and on that day he was on duty as Incharge along with the driver Ct. Naveen of vehicle commander C31 bearing No. DL1CJ3026.
2. Witness has further deposed that he was stationed St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 279 at barricades put by Police Station Rani Bagh and they were on joint checking of the vehicles from 12 AM to 5 AM along with local police at Haryana Maitri Bhawan Picket.
3. That at around 2:25 AM one vehicle TATA 407 of cream color came at a very fast speed from the side of Bhagwan Mahavir Hospital and was moving towards the Rani Bagh side and hit the barricade after which it started fleeing towards Rani Bagh.
4. That he noticed police vehicles chasing this vehicle and some boys were sitting in the cabin and some were in the body of tempo and there were cattle in the tempo while the boys sitting inside the TATA 407 were firing on the chasing police vehicles and throwing stones on them and he also noticed that police was firing in defence.
5. That on this incident he immediately flashed WT wireless messages to the other PCR vehicles positioned on the same road from his wireless set and then he along with Ct. Naveen went to the directions in which these vehicles had gone.
6. That when they reached near road number 44 Jheel Wala Park, he noticed the said tempo lying tilted on one side and large number of police force present there and found that four persons had been apprehended by the police.
7. That there were three cows, one calf and one buffalo in the offending tempo and one boy was found lying injured in the body of the tempo on the back side whose name they came to know was Yakub on which they immediately got him down from the said tempo and shifted to his PCR van with the help of local police on which he shifted him to Bhagwan Mahavir Hospital where the doctor after checking declared him brought dead.
8. That in the meanwhile the local police also came to the hospital and he then made relevant entries in his PCR call book.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 280
9. That he was later interrogated by Inspector Sushil Kumar, Crime Branch on 02.02.2013 after which he showed the relevant entries of the call book to Inspector Sushil Kumar which record of call entry is Ex.PW46/A.
51. Sh. Jagtender He is a Civil Defence Official who has proved the Singh (PW50) following aspects:
1. That on the intervening night of 18/19.01.2013 he was on duty along with ACP Sh. Jasmeet Singh in his official vehicle bearing No. DL1CH9802 which he was driving.
2. That during the intervening night they i.e. himself, ACP Sh. Jasmeet Singh, HC Chela Ram Operator, Ct. Rakesh having glock pistol and Gunman Ct.
Desh Raj with AK47 were in the patrolling in the area of Police Station Shahbad Dairy where the cattle lifting robbers/ dacoit gangs had committed offences of cattle lifting a couple of days before and hence intensive patrolling was being done.
3. That while they were in the area of Sector 15 and Sector 16 in Rohini and he was driving the vehicle, they reached in front of Sachdeva Public school, they saw one Tata 407 of creamish/ off white color come from KN Katju Marg side and was moving straight with one police gypsy following it by blowing its siren.
4. That they also started following the said vehicles and the offending vehicle then turned towards Ring Road i.e. towards Madhuban Chowk side from T point.
5. That they were also receiving wireless messages that the cattle robbers/ daicots had stolen some cattle from Sector 1718 and they also started chasing the said tempo.
6. That the occupants of the tempo were continuously firing on the following police vehicles and throwing stones at their vehicles and the said vehicle first fled towards Deepali Chowk but since the said road had been closed the said St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 281 TATA 407 turns towards Keshav Mahavidhalya side.
7. That continuous firing was being exchanged and while the persons in the tempo were firing at the police party, the return fire was being made in defence.
8. That ACP Sh. Jasmeet Singh took the pistol from Ct. Rakesh and handed over the AK 47 rifle of Ct.
Desh Raj to Ct. Rakesh and then fired on the tyres of the tempo but the tempo continued to move.
9. That on the directions of the ACP even Ct. Rakesh fired at rear tyres of off white TATA 407 tempo.
10. That the offending tempo then took a left turn from Deepali Chowk when another police TATA 407 also joined the chase and during this chase, the occupants of offending tempo were continuously firing and throwing stones at police vehicles.
11. That the offending tempo then took a left turn from Haryana Maitree Bhawan towards Rani Bagh side and the offending tempo then hit the police barricades kept on the road on which ACP Sh. Jasmeet Singh again fired towards the tyre of tempo after taking aim.
12. That the offending tempo then took a left turn towards Jheel Wala Park and the rear left tyre of the offending tempo had burst but the tempo continued to move on the rims and thereafter the tyre came out and the offending tempo stopped after hitting the footpath and tilted to one side.
13. That seveneight boys jumped out from the tempo and started running in different directions and thereafter they along with other police officials who were also chasing the tempo ran after them.
14. That the boy who jumped from the driver side was chased by him and ACP Sh. Jasmeet Singh and he was running towards the Jheel when ACP Sh.
Jasmeet Singh aimed at his legs and fired on him but he managed to escape after crossing the jheel. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 282
15. That he had seen the said boy closely when he was following him.
16. That they then returned to the main road where the offending vehicle had stopped and there he came to know that about five boys had been apprehended by the other police officers and some of them had run away.
17. That all the said assailants were of young age and he then remained at the spot for some time after which he returned to Police Station Subhash Place where his statement was recorded on 19.01.2013.
18. That on 20.01.2013 he was called to Police Station Subhash Place and asked if he could identify the assailant whom he was chasing on which he informed the Investigating Officer that he could identify them on which he was directed to reach the toll point at Meerut.
19. That on the directions of the Investigating Officer he reached the toll point Meerut on his private motorcycle where he met SI Ramesh and two Head Constables after which he accompanied them to one hospital situated on the Hapur Road.
20. That there he saw three persons coming out from the hospital, one of whom had a plaster on his leg on which he immediately identified him as the person whom he was chasing after he got down from the offending vehicle TATA 407 from the driver side.
21. That the said boy was then interrogated who confirmed his name as Tasleem, resident of village Nahal.
22. That the accused Tasleem was then arrested vide memo Ex.PW9/A, his personal search was conducted vide memo Ex.PW9/C and his statement was recorded by the Investigating Officer.
He has correctly identified the accused Tasleem in the Court.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 283
52. ASI Jaipal Singh This witness has proved the following aspects:
(PW51) 1. That on the intervening night of 18.01.2013 and 19.01.2013, he was posted at Police Post SGM Hospital as HC and on that night he was on duty with SI Mukesh Antil, Ct. Jitender and Ct. Umesh on vehicle TATA TEMPO No. DL1LK9515 for night patrolling/ checking.
2. That SI Mukesh Antil was having 9 mm pistol and he was also having 9 mm pistol along with five live cartridges whereas Ct. Umesh and Ct.
Jitender were having INSAS rifles.
3. That while they were checking the vehicles near Peeragarhi Flyover at about 2:00 AM alongwith SHO PS Mangolpuri and Additional SHO Inspector Sat Prakash, SI Mukesh Antil received message on set that some persons had lifted cows from dividing road from Sector 1617, Rohini and they had also fired and can be apprehended if checked.
4. That on receipt of this information, they all proceeded towards Deepali Chowk in the same vehicle.
5. That Ct. Vijay was driving the vehicle, Mukesh Antil was sitting on the front side near driver side whereas he along with Ct. Jitender and Ct.
Umesh were sitting on the rear seat.
6. That their vehicle was covered with Tripal. He has also deposed that when they reached at Deepali Chowk, they found one tempo of cream color at Deepali Chowk red light who turned towards Rani Bagh.
7. That the said tempo was also being chased by the ACP Sultan Puri in Qualis and ACP, Alipur in a gypsy and they also followed them.
8. That after some distance, the gypsy of ACP Alipur stopped and the vehicle of the accused suspected persons took a turn towards Britannia Chowk.
9. That the accused persons were throughout throwing stones and firing on the vehicles of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 284 police officials.
10. That after just ahead of Haryana Maitri Bhawan, there was a police barricade, when the boys in the offending vehicle hit the barricades and after breaking the barricades, they continued moving in high speed and were continuously throwing stones and firing towards the police officials.
11. That in order to save themselves he fired thrice towards the tyre of the offending vehicle and from right side and Ct. Jitender had also fired towards the wheel of the offending vehicle.
12. That when they reached at Bikaner Sweet at Mahendra Park the offending vehicle took a left turn and there was continuous firing.
13. That before reaching Jheelwala Park the left wheel of the offending vehicle was severed from the vehicle and the wheel stopped near payment of Jheel Wala Park.
14. That the offending vehicle was having three cows, one buffalo and one calf.
15. That they got down from their vehicle and the boys from the offending vehicle also got down and started running and four of them started jumping the wall of the park and were trying to jump inside the park.
16. That one of the assailant was caught hold by him, Ct. Jitender and SI Mukesh Antil.
17. That the said person was formally searched and one desi katta of .315 bore leaded was recovered from the right dub of that boy.
18. That the said boy was interrogated and his name was known as Sanwar S/o Ibrahim, whereas the remaining three other persons who were trying to escape from the vehicle were also overpowered by other staff who were also interrogated and their names were known as Ankur, Khalid and Anwar.
19. That when checked the offending vehicle, they found one person lying in injured condition in the vehicle whose name was known as Yakub and St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 285 Arms and Ammunitions were also recovered from the offending vehicles.
20. That the proceedings regarding recovery of arms and ammunitions was conducted by officials and he along with Ct. Jitender came back to the Police Station and they got deposited their Government Arms with the MHC(M).
He has correctly identified the accused Ankur, Anwar, Sanwar and Khalid in the Court.
53. HC Jitender This witness has proved the following aspects:
(PW52) 1. That on the intervening night of 18.01.2013 and 19.01.2013 he was posted at Police Post, SGM Hospital as Constable and on that night he was on duty with SI Mukesh Antil. HC Jaipal and Ct.
Umesh on vehicle TATA TEMPO no. DLIL K9515 for night patrolling/ checking.
2. That SI Mukesh Antil was having a 9 mm pistol and HC Jaipal was also having 9 mm pistol along with five live cartridges whereas Ct. Umesh and he himself were having INSAS rifles.
3. That while they were checking the vehicles near Peeragarhi flyover at about 2:00 AM along with SHO PS Mangolpuri and Additional SHO Inspector Sat Prakash, SI Mukesh Antil received a message on set that some persons had lifted cows from dividing road from Sector 16.17. Rohini and they had also fired and could be apprehended if checked.
4. That on receipt of this information they all proceeded towards Deepali Chowk in the same vehicle.
5. That Ct. Vijay was driving the vehicle, SI Mukesh Antil was sitting on the front side near driver side whereas he along with HC Jaipal and Ct. Umesh were sitting on the rear seat and their vehicle was covered with Tripal.
6. That when they reached at Deepali Chowk they found one tempo of cream color at Deepali Chowk red light and the aforesaid tempo turned St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 286 towards Rani Bagh.
7. That the said tempo was also being chased by ACP Sultan Puri in Qualis and ACP, Alipur in a Gypsy and they also followed them.
8. That after some distance, the gypsy of ACP Alipur stopped and the vehicle of the accused/ suspected persons took a turn towards Britannia Chowk.
9. That the accused persons were throughout throwing stones and firing on the vehicles of police officials.
10. That just ahead of Haryana Maitri Bhawan, there was a police barricade and the boys in the offending vehicle hit the barricades and after breaking the barricades, they continued running away in high speed.
11. That the assailants were continuously throwing stones and firing towards the police officials and hence to save themselves and to stop the vehicle he took five rounds towards the tyre of the offending vehicle and from right side, he had fired towards the wheel of the offending vehicle.
12. That when they reached at Bikaner Sweets at Mahindra Park, they took left turn but continuously firing and before reaching Jheelwala Park, the left wheel of the offending vehicle severed from the vehicle and the wheel stopped near payment of Jheel Wala Park.
13. That the offending vehicle was having three cows, one buffalo and one calf.
14. That they got down from their vehicle and the boys in the offending vehicle also got down and started running.
15. That four of them started jumping the wall of the park and were trying to jump inside the park when one of them was caught hold by him, HC Jai Pal and SI Mukesh Antil.
16. That the said boy was formally searched and one desi katta of .315 bore loaded was recovered from the right dub of that boy.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 287
17. That the said boy was interrogated whose name was known as Sanwar S/o Ibrahim.
18. That the remaining three other persons who were trying to escape from the vehicle were also overpowered by other staff who were also interrogated and their names were known as Ankur, Khalid and Anwar.
19. That when they checked the offending vehicle, they found one person lying in an injured condition in the vehicle whose name was known as Yakub and Arms and Ammunitions were also recovered from the offending vehicle.
20. That the proceedings regarding recovery of arms and ammunitions was conducted by officials and he along with HC Jaipal came back to the Police Station where they got deposited their Government Arms with the MHC(M).
He has correctly identified the accused Ankur, Anwar, Sanwar and Khalid in the Court.
54. Inspector Om This witness has proved the following aspects:
Dutt Vats (PW53) 1. That in the intervening night of 18/19.01.2013 he was posted at Police Station Subhash Place as Additional SHO.
2. That at about 2:55 AM he was informed about the information vide DD No. 68 that one pickup tempo was caught hold by police at Mahendra Park, Street Road No. 44 having cows and it was also informed that six injured persons had already been taken to Bhagwan Mahavir Hospital.
3. That on the receipt of this information he along with SHO lnsp. Pankaj Malik reached the spot where SI Lalit, Ct. Amin and Staff of Outer District were already present there where they found TATA 407 Tempo stationed on the side of the Jheel Wala Park containing bullet marks.
4. That three cows, one calf and one buffalo were there in the tempo, one cow was injured and the buffalo was having blood stains.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 288
5. That the right tyre of the tempo was found punctured and the left tyre of the tempo was found lying in half burnt condition on the road and one gun having long barrel was also found lying on the road on the right side of the ahead of the tempo.
6. That on police tempo bearing No. DLILK9515 and one gypsy bearing No. DL1CJ7412 was also found stationed there which was also having bullet marks.
7. Thar four empty cartridge and two missed fire cartridge, one broken badge of Delhi Police and one led were also found inside the gypsy.
8. That another gypsy bearing No. DL1CM4596 was also found stationed there and the wind screen was damaged.
9. That all the injured had already been taken to hospital.
10. That the tempo was having one loaded country made pistol in its dash board left side and on checking it was found containing one live cartridge, two live cartridge in magazine; one katta and leather belt having eleven cartridge was lying on the body of the tempo on back side.
11. That the message was conveyed to Crime Team, Outer District and NorthWest District and the statement of SI Mukesh Antil of Police Station Mangolpuri was recorded which is Ex.PW37/A.
12. That he prepared the rukka which is Ex.PW53/A which was sent to the Police Station Subhash Place for getting the case registered through Ct. Amin Khan.
13. That in the meantime Crime Team had reached the spot.
14. That SI Mukesh Antil had produced one loaded desi katta before him on which he unloaded the same and prepared the sketch of the katta and the cartridge vide Ex.PW36/A after which he converted the same into pullanda and sealed with St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 289 the seal of GM and took the same into possession vide seizure memo Ex.PW36/B.
15. That he inspected the spot and prepared the site plan vide Ex.PW36/C.
16. That he lifted country made gun having long barrel and prepared its sketch vide Ex.PW36/D and then converted the same into pullanda and sealed it with the seal of OM and took the same into possession vide seizure memo Ex.PW36/E.
17. That one desi katta was also lifted from the body of the tempo and he prepared the sketch of the same vide Ex.PW36/F.
18. That he then prepared the pullanda and sealed the same with the seal of OM and took the same into possession vide seizure memo Ex.PW36/G.
19. That he prepared the sketch of eleven cartridges which were in a leather belt vide Ex.PW36/H after which the leather belt along with eleven cartridges were put in a plastic container and he then prepared the pullanda and took the same into possession vide memo Ex.PW36/I.
20. That the country made pistol recovered from the dash board of the tempo of the accused persons containing nine live cartridge in its chamber and two live cartridges along with the magazine were also measured after which he prepared their sketch vide Ex.PW36/J.
21. That the same was also wrapped in cloth and converted into pullanda and sealed with the seal of OM and seized vide seizure memo Ex.PW36/K.
22. That he filled up Form FSL after which all the three cows, one calf and one buffalo recovered from the tempo of the accused persons were taken into possession vide seizure memo Ex.PW36/L.
23. That blood stains were taken from the buffalo and kept in the container and sealed with the seal of OM and seized vide seizure memo Ex.PW36/M.
24. That the blood stained hair were taken from the buffalo and kept in a container and sealed with St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 290 the seal of OM and taken into possession vide seizure memo Ex.PW36/N.
25. That the control hair of the buffalo were also kept in a container and sealed with the seal of OM and taken into possession vide seizure memo Ex.PW36/O.
26. That the aforesaid animals were sent to Animal Care Center and in the meantime Ct. Amin Khan came back to the spot along with the copy of FIR and original rukka and same were handed over to him.
27. That the FSL Team also came to the spot after which the FSL Expert Sh. K.C. Varshney was taken to Bhagwan Mahavir Hospital along with other staff where he collected six MLCs bearing No. 231/13 to 236/13.
28. That the MLC No. 231/13 was pertaining to Yakub who was declared as brought dead by the doctors whereas the MLC No. 236/13 was pertaining to Ct. Balkar Singh who sustained injuries in this incident.
29. That he collected the sealed parcel containing the clothes of Ct. Balkar Singh duly sealed with the seal of the hospital along with sample seal and the same was taken into possession vide seizure memo Ex.PW36/P.
30. That the injured/ accused Khalid and Sanwar were referred to Safdarjung hospital and on the instructions of Dr. K.C. Varshney he obtained the hand wash of deceased Yakub, injured Ankur and Anwar which were taken into possession vide Ex.PW36/Q and Ex.PW36/R and the seizure memo in respect of deceased Yakub is Ex.PW36/S.
31. That the body of the deceased Yakub was sent to BSA hospital through Ct. Sher Singh for getting the body preserved after which HC Azad, Ct.
Baldev, HC Niranjan and Ct. Dharmender were called in the hospital from the Police Station. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 291
32. That HC Azad and Ct. Baldev were left in the hospital for guarding Ankur and Anwar whereas he along with SI Lalit, SI Mukesh, HC Niranjan and Ct. Dharmender went to Safdarjung hospital where the hand wash and control of accused Khalid and Anwar were taken vide Ex.PW36/T and Ex.PW36/U respectively.
33. That thereafter Ct. Dharmender and HC Niranjan were left in the Safdarjung Hospital and he along with SI Lalit and SI Mukesh came back to the spot and inspected the spot.
34. That on inspection they found three empty cartridges, out of which one was lying near garbage on the road and two were lying on the road.
35. That he prepared the sketch of the same separately vide Ex.PW36/V1, Ex.PW36/V2 and Ex.PW36/V3 respectively after which the same were converted into pullanda and sealed with the seal of OM and were taken into possession vide seizure memos Ex.PW36/W1, Ex.PW36/W2 and Ex.PW36/W3 respectively.
36. That four empty cartridges, two live cartridges and one lead were also taken from the government gypsy after which he prepared the sketch of the said cartridges vide Ex.PW36/X and the said parcel was taken into possession vide seizure memo Ex.PW36/X1.
37. That the badge recovered from the police gypsy was also lifted and the same was sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Y.
38. That he prepared the sketch of the lead vide Ex.PW36/Z1 after which the same was kept in a small container, sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z2.
39. That the stones lying on the body of the vehicle which were blood stained and having dung St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 292 (gobar) were also kept in the same bag which was already containing the stone and the said bag was again kept in another bag and sealed with the same seal after which the said bag was taken into possession vide seizure memo Ex.PW36/Z3.
40. That with the help of cotton blood was lifted from the left side where the offending vehicle was stationed which was then kept in a container and sealed with the same seal after which the said parcel was taken into possession vide seizure memo Ex.PW36/Z4.
41. That the earth control was also lifted from the left side of the offending vehicle which was also kept in a container, sealed with the same seal and the parcel was taken into possession vide seizure memo Ex.PW36/Z5.
42. That the Form FSL was filled in and all the four vehicles were taken into possession along with keys vide memos Ex.PW36/Z6 to Ex.PW36/Z9.
43. That the pieces of tyre were also sealed with the same seal and taken into possession vide return memo Ex.PW36/Z10.
44. That the burnt tyre was kept in a bag and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z11.
45. That another bag was found near the vehicles containing five shawls, 21 pieces of rope, sweater, jacket, bucket, one darati (instrument for cutting crops), one pair of shoes.
46. That the aforesaid articles were taken into possession vide seizure memo Ex.PW36/Z12.
47. That the Jheelwala park was inspected and one blood stained stone was found inside the park near the wall which stone was wrapped in cloth and sealed with the same seal and then taken into possession vide seizure memo Ex.PW36/Z13 after which Form FSL was filled.
48. That two empty live cartridges were also recovered from the cabin of the offending vehicle St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 293 on which the sketch of these cartridges was prepared vide Ex.PW36/Z14.
49. That the said cartridges were kept in a container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z15.
50. That the seal after use was handed over to SI Lalit on which he recorded the statements of ACP Rajiv Ranjan, ACP Jasmeet Singh and Shri Jagtinder Singh volunteer civil defence under Section 161 Cr.P.C.
51. That thereafter they went to Bhagwan Mahaveer Hospital where HC Niranjan and Ct.
Dharmender brought accused Khalid and Sanavar who were interrogated.
52. That the accused Ankur was arrested vide memo Ex.PW36/Z16, the accused Sanwar was arrested vide memo Ex.PW36/Z17, the accused Khalid was arrested vide memo Ex.PW36/Z18, the accused Anwar was arrested vide memo Ex.PW36/Z19 after which the accused Ankur was personally searched vide memo Ex.PW36/Z20, the accused Sanwar was personally searched vide memo Ex.PW36/Z21, the accused Khalid was personally searched vide memo Ex.PW36/Z22 and the accused Anwar was personally searched vide memo Ex.PW36/Z23.
53. That the disclosure statement of accused Anwar was recorded at the hospital vide Ex.PW36/Z24 and the accused Anwar was kept under supervision of HC Niranjan and Ct. Dharmender for further treatment after which they along with all the accused persons except Anwar reached at Police picket near Haryana Maitri Bhawan.
54. That one barricade which was struck by the tempo of accused persons was taken into possession vide seizure memo Ex.PW36/Z25 and they all came back to the Police Station where the case property was deposited in the Malkhana.
55. That he recorded the disclosure statement of other St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 294 accused persons, the disclosure statement of Ankur is Ex.PW36/Z26, disclosure statement of Sanwar is Ex.PW36/Z27, disclosure statement of Khalid is Ex.PW36/Z28 and the disclosure statement of Anwar is Ex.PW36/Z29.
The witness has correctly identified the accused Anwar, Sanwar, Ankur and Khalid in the Court.
55. SI Kanwaljeet This witness has proved the following aspects:
(PW55) 1. That in the intervening night of 18/19.01.2013 he was posted at Police Station Parshant Vihar and on that day he was on checking duty along with Ct. Satender from 12 AM to 5 AM in the area of Sector 11, Rohini in the official gypsy bearing No. DL1CM4596.
2. That at about 2:00 AM when he was near G3S Cinema, Sector 11, Rohini a message was received on the wireless set that some cattle thieves who had committed theft of cattle on Sector 1617 dividing road were coming towards Sector 11 from the side of Sector 1617 diving road and were firing on the police vehicle.
3. That since he was on duty in that area, he moved towards KN Katju Marg and positioned himself there, when he saw a cream color TATA 407 coming at a fast speed on the KN Katju Marg being followed by official vehicle of ACP Alipur.
4. That there was firing going on from the said vehicle and stones were also being thrown on which he also started chasing the said vehicle/tempo TATA 407.
5. That when they reached near Sachdeva Public School, the Gypsy of ACP Sultanpuri also started chasing the said vehicle and from the TPoint the offending vehicle turn towards Deepali Chowk from where another police vehicle also joined the chase.
6. That the said tempo then reached on the Road of Haryana Maitri Bhawan and took another left turn and on the same road, there is picket of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 295 Police Station Rani Bagh and the said vehicle hit the barricades put by the police and at that time the firing was being made by the persons sitting.
7. That the tempo hit his vehicle on which he had to slow down and come to one side of the road, while the other vehicles continued to chase the offending tempo.
8. That after sometime he continued to move on the same road and when he reached near the Jheel Wala Park, he saw the tempo slightly tilted on one side and the other police vehicles and staff in the area.
9. That he saw one injured being shifted to the hospital in the PCR vehicle whose name he later on came to know was Yakub while four other boys were apprehended whose names were disclosed as Anwar, Sanwar, Khalid and Ankur.
10. That in the meanwhile the police officials from Police Station Subhash Place also reached the spot along with FSL officials, Crime Team and the Photographers who inspected the spot, lifted the exhibits and took the photographs.
He has correctly identified the accused Anwar, Sanwar, Khalid and Ankur in the Court.
56. HC Rakesh This witness was working as Operator with ACP Sultan (PW56) Puri Sh. Jasmeet Singh on the date of incident. He has deposed on the following aspects:
1. That on the intervening night of 1819.1.2013 he was on patrolling duty with Sh. Jasmeet Singh ACP.
2. That at about 12:00 midnight he along with ACP Sh. Jasmeet Singh and other staff left for patrolling in Qualis vehicle bearing No. DL1CH9802 which was being driven by HC Chela Ram and he was sitting on the front seat near driver seat and he (witness) was handing 9 mm glock pistol and ten live cartridges.
3. That ACP Jasmeet Singh was sitting on the middle seat whereas Ct. Desh Raj and Ct.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 296
Jagtender Singh of Civil Defence were sitting on rear seat.
4. That after sometime driver Ct. Chela Ram told that he was having pain in his hand and therefore on the instruction of ACP Ct. Jagtender started driving the vehicle and Ct. Chela Ram replaced the seat with Ct. Jagtender.
5. That while patrolling when they reached at Manav Chowk Rohini at about 2.00 AM an information was received on the wireless set that some miscreants had lifted the buffaloes from dividing road of Sector1617 in vehicle and had also fired.
6. That pursuant to the same they all reached at KN Katju Marg where they found a cream coloured tempo TATA 407 coming from the side of Outer Ring Road near Sachdeva School which was being chased by ACP Alipur in his Gypsy.
7. That they also followed them and found that four five boys from the offending vehicle were firing on the police vehicle from the back portion of the tempo.
8. That ACP Jasmeet Singh had taken his (witness's) glock pistol and fired from the right side window of their vehicle.
9. That on reaching the Ring Road the said boys turned their tempo towards right side which was being driven by the driver in a very high speed and in Zig Zag manner.
10. That on the instructions of ACP Jasmeet Singh, he (witness) also fired from his AK 47 Rifle at Madhuban Chowk while crossing the underpass which struck against the rear left tyre but the said offending tempo was continuously running.
11. That after chasing till Deepali Chowk they found another tempo TATA 407 but the offending vehicle turned towards Rani Bagh and the aforesaid police vehicle TATA 407 started chasing the offending vehicle.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 297
12. That the Gypsy of ACP Alipur stopped on one side of the road but the boys were continuously firing and pelting stones on the police party.
13. That the offending vehicle turned towards left side the on TPoint and hit against the police barricade and did not stop.
14. That ACP Jasmeet Singh again fired but the offending vehicle turned towards left side on Mahendra Park Chowk and during the process the firing and pelting of stone was continued on police party from the offending vehicle.
15. That when the offending vehicle reached at Lok Vihar near Pitam Pura at about 2.30 AM the left tyre of the offending vehicle became severed from the rim as a result the offending vehicle could not escape and stopped at some distance near Jheela Wala Park.
16. That the offending vehicle was having the number plate bearing No. HR38AS2616 and was found containing cows and buffaloes.
17. That during this process he took twelve rounds. The witness has further deposed that about seven eight boys started getting down from the offending vehicle and started running.
18. That their vehicle stopped on the right side of the offending vehicle and he apprehended one of those boys whose name he came to know was Anwar.
19. That he was taken to hospital in the police Gypsy and four other boys were apprehended by other police officials.
20. That thereafter he handed over AK 47 Rifle alongwith eight live cartridges to Ct. Desh Raj and ACP Sh. Jasmeet Singh had also returned his 9 mm glock pistol along with seven live cartridges which he (witness) got deposited in the Malkhana. The witness has correctly identified the accused Anwar in the Court.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 298
57. ASI Rajesh This witness has deposed on the following aspects:
Kumar (PW57) 1. That on 15.02.2013 he was posted at Police Station Badarpur and on that day at about 7:45 PM he along with HC Vinod, HC Jogender, Ct. Sonu were on patrolling duty at the Molarband, Vijender Murti.
2. That at that time a secret informer gave information to HC Vinod that a wanted bad character namely Asif who is in possession of illegal weapons would be coming towards Badarpur from Methapur side at about 8:30 PM on a Hero Honda motorcycle.
3. That HC Vinod immediately shared this information with him and he shared this information with SHO on which SHO asked him to take necessary action on which he requested 56 public persons who were passer bye's to join the police party but they refused.
4. That thereafter without wasting time he constituted a raiding party comprising of himself, HC Vinod, HC Jogender, Ct. Vikas and Ct. Sonu and briefed them.
5. That they then put a barricade and created a picket at Vijender Murti and starting checking vehicles coming from Methapur side.
6. That at about 8:30 PM one boy came from Methapur side on a Hero Honda motorcycle bearing No. DL3CSBW5787 and on the pointingout of the secret informer he indicated to the said boy to stop the vehicle but the said boy dropped the motorcycle and started running towards the Methapur side and while running he pulled out a pistol from the right side of his pant.
7. That HC Vinod who was following him immediately managed to apprehend him while he with the help of the other staff snatched his revolver and conducted his casual search and from the right side pocket of the pant two live rounds were recovered.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 299
8. That he then checked the katta, which was found to be loaded and one round was found in the same on which immediate information was given to Duty Officer Police Station Badarpur and the SHO.
9. That he interrogated the said boy who disclosed his name as Asif.
10. That in the meantime SI Amit Kumar and HC Ved Veer came from Police Station Badarpur on which he handed over the accused and revolver/ katta, rounds and the motorcycle to SI Amit Kumar who recorded his statement copy of which is Ex.PW57/A.
11. That SI Amit then prepared the sketch of the katta and the rounds copy of which is Ex.PW57/B and converted the same into one pullanda with the help of cloth and sealed the same with the seal of AK and seized the same copy of which memo is Ex.PW57/C.
12. That SI Amit then converted his statement into a tehrir by making his endorsement and sent the same to the Police Station through HC Ved Veer for getting the case registered.
13. That he then interrogated Asif at length who disclosed his involvement in the present case along with his associates Yakub, Anwar, Sanwar, Tasleem, Khalid, Ankur and Israt and also disclosed that in the intervening night of 18/19.01.2013 they had first committed theft of two cows from Shahdara area and then two cows from Shahbad dairy and then came to Daultabad from where while they were in the process of stealing buffaloes and cows, when public persons came and raised an alarm on which the police was alerted and they followed them when the incident in the present case took place.
14. That in the meantime the FIR was registered and the Investigating Officer then prepared the documents of arrest of accused Asif i.e. arrest St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 300 memo copy of which is Ex.PW57/D, copy of his personal search which is Ex.PW57/E and copy of his disclosure statement which is Ex.PW57/F. The witness has correctly identified the accused Asif in the Court.
58. Ct. Desh Raj This witness was posted with ACP Sh. Jasmeet Singh at (PW58) the relevant point of time. He has proved the following aspects:
1. That on the intervening night of 1819.1.2013 he was on patrolling duty with ACP Sh. Jasmeet Singh and at about 12:00 midnight he along with ACP Jasmeet Singh left for patrolling in qualis vehicle bearing No. DL1CH9802 alongwith other staff.
2. That the vehicle was being driven by HC Chela Ram, he was sitting on the back seat having AK 47 Rifle.
3. That ACP Jasmeet Singh was sitting on the middle seat whereas he alongwith Ct. Jagtender Singh of Civil Defence was sitting on rear seat.
4. That after sometime driver Ct. Chela Ram told that he was having pain in his hand and therefore on the instruction of ACP Ct. Jagtender started driving the vehicle.
5. That Ct. Chela Ram replaced the seat with Ct.
Jagtender while patrolling when they reached at Manav Chowk Rohini at about 2.00 AM an information was received on wireless set that some miscreants had taken buffaloes from Dividing Road of Sector1617 in vehicle and they had also fired.
6. That pursuant to the same they all reached at KN Katju Marg where they found a cream coloured tempo TATA 407 coming from the side of Outer Ring Road near Sachdeva School which was being chased by ACP Alipur in his Gypsy.
7. That they also followed them and found that four five boys from the offending vehicle were firing on the police vehicle from back portion of the tempo. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 301
8. That ACP Jasmeet Singh had taken glock pistol from HC Rakesh Kumar and fired from the right side window of their vehicle.
9. That on reaching Ring Road the said boys turned their tempo towards right side which was being driven by the driver in a very high speed and in Zig Zag manner.
10. That on the instructions of ACP Jasmeet Singh Ct. Rakesh fired from his AK 47 Rifle at Madhuban Chowk while crossing the underpass which struck against the rear left tyre but the said offending tempo was continuously racing.
11. That after a chase till Deepali Chowk they found another tempo TATA 407 but the offending vehicle turned towards Rani Bagh and the aforesaid police vehicle TATA 407 started chasing the offending vehicle.
12. That the Gypsy of ACP Alipur stopped on one side of the road but the boys were continuously firing and pelting stones on the police party.
13. That the offending vehicle turned towards left side on TPoint and hit against the police barricade and did not stop.
14. That ACP Jasmeet Singh again fired but the offending vehicle again turned towards left side on Mahendra Park Chowk and during the process the firing and pelting of stones was continued on police party from the offending vehicle.
15. That when the offending vehicle reached at Lok Vihar near Pitam Pura at about 2.30 AM the left tyre of the offending vehicle was severed from the rim as a result of which the offending vehicle could not escape and stopped at some distance near the Jheela Wala Park.
16. That the offending vehicle was having the number plate bearing No. HR38AS2616 and was found to be containing cows and buffaloes.
17. That about seveneight boys got down from the offending vehicle and started running.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 302
18. That their vehicle stopped on the right side of the offending vehicle and he apprehended one of those boys.
19. That he was taken to hospital in the police Gypsy and four other boys were apprehended by other police officials.
20. That thereafter Ct. Rakesh Kumar handed over AK 47 Rifle to alongwith eight live cartridges which he got deposited in the Malkhana and his statement was recorded by the Investigating Officer.
59. Ct. Amit (PW59) This witness has proved the following aspects:
1. That on the intervening night of 18/19.01.2013 he was posted at Police Station Narela as Constable and was on duty along with SHO Inspector Abhinender Jain as the Driver of his official vehicle.
2. That after the briefing at the DCP office at Pitampura, while they were returning towards the Police Station via Barwala, a wireless message was being flashed that some thieves were lifting cattle/ cows from the area of KN Katju Marg.
3. That while they went a little ahead at Barala village the SHO directed him to turn back the vehicle and follow the directions being received in the wireless set with regard the movement of offending tempo.
4. That on this he turned the vehicle towards Jheel Wala Park as per the message being flashed in the wireless and when they reached Jheel Wala Park they found a cream coloured TATA 407 tempo which had hit the footpath and there were large number of vehicles of Delhi police and officials in the area.
5. That he remained in the vehicle while the SHO moved out and after some time Ct. Balkar came to him along with the SHO who told them that Ct. Balkar had received a bullet injuries.
6. That on this he was directed by Inspector St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 303 Abhinender Jain to shift him to Bhagwan Mahavir Hospital on which he along with Ct.
Dharmender shifted Ct. Balkar to Bhagwan Mahavir Hospital where he was provided Medical treatment.
7. That the dress which he was wearing was also seized by the doctor and thereafter he along with Ct. Dharmender and Ct. Balkar returned to Police Station.
60. Ct. Balkar Singh He is the Driver of ACP Sh. Rajeev Ranjan at the (PW60) relevant point of time and had received injuries in the incident. He has proved the following aspects:
1. That on the intervening night of 1819.1.2013 he was posted as Constable at Police Station Narela and was on duty as a Driver on the official vehicle bearing No. DLICJ7412 of ACP Sh.
Rajiv Ranjan Singh along with the operator Ct.
Ankit who at that time was carrying a pistol of 9 mm duly loaded.
2. That at around 2:00 AM at night a wireless message was received that a cattle theft had taken place at the dividing road of Sector 1617, Rohini and had even fired after committing theft.
3. That at that time their position was at Shahbad Daulatpur Road and while searching for the offending vehicle they reached to KN Katju Marg where they saw a cream coloured Tata 407 vehicle driven at very high speed in the directions of Outer Ring Road which was loaded with cows and buffaloes.
4. That ACP asked them to intercept the vehicle on which he tried to overtake the vehicle but the said tempo was moving at a fast speed and the Operator Ct. Ankit who was sitting on the back seat signaled to the said vehicle by putting out his hand but they still over took their vehicle.
5. That they kept on chasing the said Tata 407 bearing no. HR 38AS 2616 and in the meanwhile Ct. Ankit flashed the wireless message regarding St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 304 the same.
6. That while they were chasing the said vehicle the persons sitting in the Tata 407 started pelting stones on them and also fired upon them on which ACP Sh. Rajiv Ranjan Singh also took the pistol from Ct. Ankit and fired on the tyre of the offending Tata 407 vehicle but the said fires missed.
7. That while they were chasing the said offending vehicle and reached near the Sachdeva School, the official vehicle of ACP Sultanpuri also joined the chase but the said persons kept on firing and pelting stones from the offending vehicle.
8. That on Red Light of the Outer Ring Road the said Tata 407 jumped the red light and dangerously turned towards Madhuban Chowk did not stop despite the firing.
9. That after the offending vehicle crossed Madhuban Chowk underpass the persons sitting on the conductor seat of the tempo aimed towards their vehicle and fired on them as a result of which the said fire hit the wind screen of their gypsy and hit him on his right shoulder on which he received injuries.
10. That despite the injury he kept on driving the official gypsy and at Deepali Chowk another police vehicle make Tata 407 joined the chase and the offending vehicle turned towards Haryana Maitri Bhawan and kept firing on the police vehicles following them.
11. That after they turned left from Deepali Chowk his ACP asked him to stop the vehicle and shifted him on the back seat of the gypsy because of his injuries and the driver seat was then taken over by operator Ct. Ankit.
12. That thereafter they again resumed the chase and went towards the direction in which the offending Tata 407 had gone i.e. towards Haryana Maitri Bhawan and when they reached there they saw a St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 305 broken barricade.
13. That when they reached near the Bikaner Sweets they again spotted the offending vehicle being chased by the police vehicles which turned towards the Jheel Wala Park and then hit the footpath and stopped because its tyre had burst.
14. That while he was on the back seat injured he saw that some persons had jumped from the offending vehicle and ran towards Jheel Wala Park.
15. That ACP Sh. Rajiv Ranjan and Ct. Ankit ran towards these boys along with other police officials from other vehicles.
16. That at the place where ACP Rajiv Ranjan was sitting he noticed two missed fired rounds and four empty cartridge cases lying on the footrest in front of the seat next to the driver seat where Sh. Rajiv Ranjan was sitting.
17. That while he was still in the official vehicle the driver and operator of SHO Police Station Narela spotted him in an injured condition and he informed them that he had received a bullet injury on which they shifted him to Bhagwan Mahavir Hospital where he was provided treatment.
18. That the doctor also seized the official shirt and civil jacket which he was wearing at that time and his statement was recorded by the Investigating Officer on 21.1.2013.
61. Sh. Kumar He was posted as DCP Crime Branch at the relevant Gyanesh (PW61) point of time. He has proved the following aspects:
1. That on 04.01.2014 he was posted as DCP Crime Branch and on that day the file regarding the according the Sanction of 39 of Arms Act in relation to the accused Sanwar, Hasrat, Anwar and Yakub was placed before him by Inspector Sushil Kumar, Investigating Officer.
2. That after going through the copy of the charge sheet, the statements of the witnesses, seizure memos, FSL reports, sketches of the various fire arms and other documents placed on the charge St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 306 sheet which he carefully perused and after being satisfied he accorded the sanction U/s 39 of the Arms Act for prosecution of the accused Sanwar, S/o Ibrahim, R/o Village Nahal, Police Station Masoori, district Ghaziabad, UP, Hasrat, S/o Yusuf, R/o Vilalge Nahal, Police Station Masoori, district Ghaziabad, UP, Anwar, S/o Tassawar, R/o Village Nahal, Police Station Masoori, District Ghaziabad, UP and Yakub(deceased), S/o Not Known, R/o unknown which Sanction is Ex.PW61/A bearing his signatures at point A.
62. Ct. Umesh This witness has proved the following aspects:
(PW62) 1. That on the intervening night of 1819.01.2013 he was posted at Police Station Mangol Puri and on that night he along with SI Mukesh Antil, Ct.
Jitender and HC Jaipal were on patrolling duty in TATA 407, Government Tempo.
2. That HC Jaipal was having a government pistol of 9 mm, Ct. Jitender was having an INSAS Rifle and he (witness) himself was having INSAS Rifle with five live cartridges.
3. That during patrolling when they reached near Peeragarhi Flyover at about 2:00 AM, SHO Police Station Mangolpuri had received a WT message that some miscreants/ boys had taken away the cows from the dividing road from Sector 1617, Rohini and they had also fired and could be apprehended if stopped.
4. That on receipt of this information, they all left for Deepali Chowk in the same vehicle.
5. That Ct. Vijay was driving the vehicle, SI Mukesh Antil was sitting on the front side whereas he along with Ct. Jitender and HC Jaipal were sitting on the rear seat in the body of tempo which tempo was covered with Tripal and it was torn at some place.
6. That when they reached at Deepali Chowk, one cream color tempo came at a very fast speed from Madhuban Chowk and rushed towards Rani Bagh St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 307 after taking turn towards left side and was being chased by the ACP Sultan Puri in his Qualis and ACP Alipur in a gypsy on which they also followed them.
7. That they found fourfive boys in the offending vehicle who were continuously firing and pelting stones on the police vehicles and after some distance, the gypsy of ACP Alipur stopped on the side of the road.
8. That the offending vehicle took a turn at the T Point and struck against the police barricade and continued to rush away.
9. That during this process Ct. Jitender fired from his INSAS Rifle from the side side of their vehicle towards the offending vehicle.
10. That HC Jaipal had also fired from left side with his government pistol to stop the offending vehicle on which the offending vehicle took turn towards Ashiana Chowk at T Point Mahendra Park.
11. That the offending vehicle was also being chased by other vehicles of the police and during this period there was continuous firing from the offending vehicle.
12. That when they reached at Lok Vihar Jheel Wala Park at 2:30 PM the left wheel of the offending vehicle severed from the vehicle and stopped.
13. That in this process the offending vehicle bearing No. HR38AS2616 became slow and stopped at some distance near pavement.
14. That when they got down from their vehicle, they found four boys started running after coming out from the offending vehicle and tried to jump the wall.
15. That SI Mukesh Antil, HC Jaipal and Ct. Jitender apprehended one boy whose name was known as Sanwar and remaining three boys succeeded in running away after jumping the wall.
16. That on checking they found the tempo containing three cows, one buffalo and one calf.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 308
17. That the remaining three boys were apprehended by the other staff whose name were known as Anwar, Khalid and Ankur.
18. That they found another boy inside the offending vehicle in an injured condition whose name was known as Yakub.
19. That ATO Police Station Mangol Puri along with Ct. Ravinder and other staff also came there and he and Ct. Ravinder took Yakub to hospital in PCR van.
20. That the arms and ammunition were recovered from the offending vehicle and his statement was recorded by the Investigating Officer.
He has correctly identified the accused Sanwar, Anwar, Khalid and Ankur in the Court.
63. HC Parveen This witness has proved the following aspects:
Kumar (PW63) 1. That on the intervening night of 18/19.01.2013 he was posted at Police Station K.N. Katju Marg and on that day he was on QRT duty in the area of Police Station K. N. Katju Marg and was on patrolling in the area along with the SHO Police Station K.N. Katju Marg Inspector A.S. Negi and was following his official gypsy in their QRT.
2. That HC Major Singh, Ct. Ramesh and Ct.
Satender was with him and at around 2:00 AM they received a message on the set about the cattle theft at Sector 1617 Dividing Road and the message continued regularly on the set.
3. That the SHO who was in the vehicle in front of them directed them to follow the message and reach the place where the offending vehicle i.e. Tempo TATA 407 was moving.
4. That they then reached Deepali Chowk and turned towards Haryana Maitri Bhawan where they found a broken barricade on the road and then reached Mahendera Park, T Point and turn right towards Lok Vihar Jheel Wala Park where they found large number of police vehicles and a cream colored TATA 407 bearing No. HR38 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 309 AS2616 whose tyre was burst.
5. That they found three cows, one calf and one buffalo in the said vehicle and on the left side of the body of the tempo/ dala one injured person was also lying.
6. That they also came to know that some persons had jumped from the tempo and run away but police staff had chased and caught four of them.
7. That said four persons were present at the spot along with the police officials and in his presence they were interrogated.
8. That one of them disclosed his name as Ankur and others were Anwar, Sanwar and Khalid.
9. That since Ankur was injured the senior officers handed over this accused to him and directed him to take him to Bhagwan Mahavir Hospital for treatment along with Ct. Ramesh and the official driver put Ankur in the vehicle and thereafter took him to Bhagwan Mahavir Hospital and got him admitted for treatment.
10. That in the evening of 19.01.2013 at 4 PM Ankur was handed over to Inspector Om Dutt Vats in the hospital.
He has correctly identified the accused Ankur, Anwar, Sanwar and Khalid in the Court.
64. Ct. Satender This witness has deposed on the following aspects:
(PW64) 1. That on the intervening night of 1819.1.2013 he was posted at Police Station Rani Bagh and he along with Ct. Pushpender were checking the vehicles at Haryana Maitri Bhawan Picket between 11:00 PM to 7:00 AM.
2. That at about 12:00 night PCR Van also came there and the Incharge HC Babu Ram joined them.
3. That at about 2:25 AM during checking one cream coloured Tata tempo 407 came there from Deepali Chowk suddenly and they heard the noise of firing and they also found the police vehicles chasing one tempo.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 310
4. That he got suspicious and blocked the road by fixing the barricades in order to slow down the speed of the vehicle.
5. That a tempo bearing No. HR38AS2616 came at a very fast speed and hit against the barricades and ran towards Mahendra Park side and he saved himself by jumping towards the pavement.
6. That he found that one person sitting in the cabin of the offending vehicle who was firing on the police vehicle and police officials were also finding towards the offending vehicle in order to save them.
7. That HC Babu Ram, an official of the PCR had flashed a message on which he (witness) also followed the police officials in chasing the offending vehicle.
8. That they found some cows, buffaloes in the offending vehicle and also saw fourfive boys in the offending vehicle who were pelting stones and firing on the police officials.
9. That in this process they had seen many police vehicles chasing the offending vehicle and after some time Inspector Om Dutt along with his staff came there and took the barricade into possession.
65. SI Ramesh This witness has proved the following aspects:
Kumar (PW65) 1. That on 20.01.2013 he was posted at Special Team Crime Branch Parshant Vihar and on that day on the directions of ACP Sh. M.C. Katoch he had reached village Nahal for collecting and developing regarding the accused Tasleem who was absconding.
2. That he along with HC Virender, HC Lalit, Ct.
Saleemudin went to village Nahal, District Ghaziabad, UP where they got a secret information that the accused Tasleem was admitted in Jagdamaba Hospital, Hapur Road, Meerut in a different name.
3. That on this he communicated this information to St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 311 ACP Sh. M.C. Katoch after which he was told by the ACP to remain at Meerut Chungi/ toll point while he was sending one Jagtender Singh for identification of Tasleem.
4. That he then went to Meerut toll point and at 4:30 PM Jagtender Singh came from Delhi and joined the police team after which they along with Jagtender Singh went to Hapur Road.
5. That on reaching the hospital they found three persons coming out from the hospital, one of whom was injured with a plaster on his leg on which Jagtender pointed out towards the injured as one of the persons involved in the incident on 1819.01.2013 and as the person who had jumped from the driver side of the tempo TATA 407 and was followed by him and his ACP on which his ACP had also fired on him by pointing on his leg but he managed to escape.
6. That he immediately apprehended the said boy and on interrogation his name was disclosed as Tasleem and also disclosed that the two boys accompanying him were his brother in laws (salas) whose names were Shabad and Mehtab.
7. That he then interrogated Tasleem at length on which he admitted his involvement in the incident on the intervening night of 18/19.01.2013 and he then prepared his arrest memo which is Ex.PW9/A and conducted his personal search which is Ex.PW9/B.
8. Thar his search revealed a mobile phone and the scanned copy of the driving licence which he took into possession after which he checked the mobile phone and noted down the IMEI number i.e. 352870054669684 and 352870054669692 and other details i.e. SIM No. 8449114151 in the seizure memo but the mobile was not put in any pullanda for the purposes of investigations.
9. That the seizure memo of the same was prepared which is Ex.PW65/A. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 312
10. That thereafter he collected the documents from Jagdamba hospital regarding the treatment of Tasleem who had got himself admitted in the Jagdamba hospital under the name of Wasim which papers are Ex.PW30/A and Ex.PW30/B.
11. That thereafter he recorded the statement of Jagtender and relieved him from the spot and they returned to Delhi along with accused Tasleem and after reaching the office of special team at Parshant Vihar he recorded the statements of HC Virender and HC Lalit and relieved them.
12. That the accused Tasleem and all the documents were then handed over to Inspector Sushil Kumar, the Investigating Officer of the case.
The witness has correctly identified the accused Tasleem in the Court.
66. Ct. Satish Kumar This witness has proved the following aspects:
(PW66) 1. That on the intervening night of 1819.1.2013 he was posted at Police Station Kanjhawla and on that day he was working as a Driver on the Government Gypsy with SHO Arvind Kumar.
2. That at about 2:05 AM he along with SHO Arvind Kumar and Ct. Manipal the Wireless Operator were going to Police Station Kanjhawla from office of DCP.
3. That the SHO received an information on the wireless set that one tempo had lifted cows from the area of KN Katju Marg and the offending vehicle was going towards Madhuban Chowk on Outer Ring Road which can be apprehended if chased.
4. That on the directions of the SHO he drove the Gypsy at Madhuban Chowk and during this period the SHO was having the information regarding location of the offending vehicle on his wireless set.
5. That on the directions of the SHO he drove the Gypsy to Haryana Maitri Bhawan via Deepali Chowk and reached at Road No. 44, Jheel Wala St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 313 Park after taking turn from left side, Mahendra Park where they found a tempo of cream colour which was parked after hitting the pavement and they came to know that four boys have been apprehended by the police officials.
6. That the tempo was surrounded by police officials and he also parked the Gypsy behind them after which SHO Arvind Kumar and other staff got down from their Gypsy.
7. That he along with Ct. Mahipal took one accused namely Anwar to Bhagwan Mahavir Hospital where they handed over the accused Anwar to the Duty Constable after which they came back to the spot and he took the SHO to the Police Station.
The witness has correctly identified the accused Anwar in the Court.
67. HC Ankit (PW67) This witness has proved the following aspects:
1. That on the intervening night of 18/19.01.2014 he was posted at Police Station Narela and on that day he was on duty as a operator on the official vehicle bearing No. DLICJ7412 of ACP Sh. Rajiv Ranjan Singh along with the driver Ct. Balkar and at that time he was carrying a pistol of 9 mm duly loaded.
2. That at around 2:00 AM at night a wireless message was received that a cattle theft had taken place at the dividing road of Sector 1617, Rohini and the thieves had fired after committing theft.
3. That at that time their position was at Shahbad Daulatpur Road and while searching for the offending vehicle they reached to KN Katju Marg where they saw a cream colored Tata 407 vehicle being driven at a very high speed in the directions of Outer Ring Road.
4. That the tempo was loaded with cows and buffaloes and the ACP asked them to intercept the vehicle on which Ct. Balkar tried to overtake the vehicle but the said tempo was moving at a fast speed.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 314
5. That he was sitting on the back seat and signaled to the said vehicle by putting out his hand but they still over took their vehicle.
6. That they kept on chasing the said Tata 407 bearing no. HR 38AS 2616 and in the meanwhile he flashed the wireless message regarding the same.
7. That while they were chasing the said vehicle the persons sitting in the Tata 407 started pelting stones on them and also fired upon them.
8. That ACP Sh. Rajiv Ranjan Singh also took the pistol from him and fired on the tyre of the offending Tata 407 vehicle but the said fires missed.
9. That while they were chasing the said offending vehicle and reached near the Sachdeva School, the official vehicle of ACP Sultanpuri also joined the chase but the said persons kept on firing and pelting stones from the offending vehicle.
10. That on Red Light of Outer Ring Road the said Tata 407 jumped the red light and dangerously turned towards Madhuban Chowk and despite the firing did not stop.
11. That after the offending vehicle crossed the Madhuban Chowk underpass the persons sitting on the conductor seat of the tempo aim towards their vehicle and fired on them as a result of which, the said fire hit the wind screen of their gypsy and hit Ct. Balkar on his right shoulder and he received injuries.
12. That despite the injury Ct. Balkar kept on driving the official gypsy and at Deepali Chowk another police vehicle make Tata 407 joined the chase and then the offending vehicle turned towards Haryana Maitri Bhawan they kept firing on the police vehicles following them.
13. That after they turned left from Deepali Chowk his ACP asked Ct. Balkar to stop the vehicle and shifted him on the back seat of the gypsy because St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 315 of his injuries and the driver seat was then taken over by him.
14. That thereafter they again resumed the chase and went towards the direction in which the offending Tata 407 had gone i.e. on the left side of the T Point towards Haryana Maitri Bhawan.
15. That when they reached there they saw a broken barricade after which they went towards the Britannia side and when they reached near the Bikaner Sweets they again spotted the offending vehicle being chased by the police vehicles which turned towards the Jheel Wala Park and then hit the footpath and stopped because its tyre had burst.
16. That some persons jumped from the offending vehicle and ran towards Jheel Wala Park on which he and ACP Sh. Rajiv Ranjan ran towards these boys.
17. That one boy was running towards the right side divider and he along with ACP Sh. Rajeev Ranjan chased after him on which they were able to apprehend him with the help of PCR Staff who came from the front side.
18. That after the said boy was apprehended he was interrogated by ACP Sh. Rajeev Ranjan and he disclosed his name as Ankur.
19. That thereafter the said boy was handed over to the other police officials while he remained there and large number of documents were prepared.
20. That three cows, one buffalo and one calf were present in the offending TATA 407 where he remained there at the spot for very short time with the ACP.
He has correctly identified the accused Ankur in the Court.
68. HC Umesh This witness was posted at Control Room Outer District Kumar (PW68) at DM Net as Operator and has proved that on the intervening night of 18/19.01.2013 he was on duty from 8PM to 8AM and on that day he entered all St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 316 communications in his log book during his duty hours at DM Net. The witness has also proved that he handed over the copy of his log book to the Investigating Officer, copies of which entries in log book are Ex.PW68/A running into nine pages.
69. HC Ramesh This witness has joined the investigations with Inspector Kumar (PW69) Sushil Kumar. He has proved the following aspects:
1. That on 20.01.2013 he was posted in Special Team, Crime Branch, Parshant Vihar and on that day SI Ramesh Sharma had produced one accused namely Mohd. Tasleem who was arrested by him earlier before him.
2. That Tasleem was having bandage on the right foot and Inspector Susheel Kumar interrogated him and during his interrogation he made his disclosure statement regarding his involvement in the present case which is Ex.PW69/A.
3. That the accused disclosed in his disclosure statement that he along with his associates Mohd.
Sanwar, Khalid, Mohd. Anwar, Ankur, Yakub, Asif and Hasrat were present in tempo No. HR38AS2616 in which he (Tasleem) was Driver and further disclosed that when the tyre of the tempo burst when he ran away leaving the tempo and while he was running he got bullet injury on his right foot.
4. That the accused further disclosed regarding his involvement in the incident happened at Shyam Lal college, Shakurpur, Mukundpur and Yamuna Khadar, Daryaganj.
5. That on 30.01.2013 he again joined the investigations of this case and on that day he along with SI Susheel Kumar, SI Rakesh Kumar, HC Mukesh Tyagi reached at Seelampur Metro Station in a Government Gypsy bearing No. DL1CM4229 where secret informer met them who informed them that a person namely Hasrat was about to come.
6. That at about 6:20 AM one person came there St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 317 and the secret informer had pointed out towards him as Hasrat and on the pointing out of secret informer they apprehended the said person and interrogated him.
7. That the said boy was brought to their office where he was throughly interrogated and during his interrogation he admitted his guilt.
8. That the accused Hasrat was arrested in this case vide memo Ex.PW69/B and his disclosure statement was also recorded separately which is Ex.PW69/C.
9. That on 19.02.2013 he along with Inspector Suhseel Kumar went to Rohini Court where the coaccused Asif was produced in muffled face from Judicial Custody.
10. That after taking permission from the Hon'ble Court Asif was arrested in this case formally vide memo Ex.PW69/D and his disclosure statement was also recorded vide Ex.PW69/E after which the accused was produced before Ld. ACMM for TIP in which the accused Mohd. Asif refused to participate.
11. That thereafter the police remand of accused Asif for three days was taken and he was taken to BSA hospital for his medical examination.
12. That on 20.02.2013 he again joined the investigations with the Investigating Officer when the accused Asif was again interrogated and he made his disclosure statement Ex.PW69/F.
13. That on 04.03.2013 he along with Inspector Susheel Kumar and SI Rakesh Kumar reached at FSL Rohini and met Dr. Puneet Puri who handed over exhibits in six pouches which were duly sealed with the seal of SKH which were recovered from offending vehicle TATA 407 and three police vehicles.
14. That Investigating Officer took the same into possession vide seizure memo Ex.PW69/G.
15. That on 08.03.2013 he took two FSL form along St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 318 with other documents from Investigating Officer Inspector Susheel Kumar and on his instructions he took them to Police Station Subhash Place and obtained the entire exhibits from MHC(M) HC Raj Kumar along with two FSL forms which were duly filled by Inspector Om Dutt.
16. That thereafter he brought the entire exhibits and documents to FSL Rohini vide RC No. 39/21/13 and 40/21/13.
17. That he took fourteen exhibits vide RC No. 39/21/13 and took 39 exhibits vide RC No. 40/21/13 and got the same deposited at FSL Rohini and after obtaining the receipt from FSL he handed over the same to MHC(M) Police Station Subhash Place.
18. That till the exhibits remained in his possession they were not tampered and his statement was recorded by the Investigating Officer and he was relieved.
The witness has correctly identified the accused Hasrat, Tasleem and Asif in the court.
70. Inspector Sushil He is the subsequent Investigating Officer of the present Kumar (PW70) case. He has deposed on the following aspects:
1. That on 20.01.2013 he was posted at Anti Snatching Cell and on that day the investigation of this case was handed over to him by the order of ACP.
2. That he alongwith SI Rakesh Kumar, HC Mukesh Tyagi and HC Ramesh reached at Police Station Subhash Place where he met Inspector Om Dutt Vats who informed him about the facts of the case and handed over the case file and four arrested accused namely Anwar, Sanwar, Khalid and Ankur to him.
3. That he met Jagtender Singh Volunteer of Civil Defence in the Police Station, who was a witness in this case and he was directed to report SI Ramesh Sharma, Crime Branch who was present in Meerut.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 319
4. That all the four accused persons were produced in the court and three days remand was sought and they were granted three days Police Custody Remand by the Ld. ACMM and were taken to the office of ASC.
5. That at about 9.00 PM SI Ramesh Sharma produced accused Tasleem who was arrested on the pointing out of Jagtender Singh from Meerut Hospital.
6. That the accused Tasleem was interrogated and arrested in this case vide memo Ex.PW9/A and his disclosure statement was recorded vide Ex.PW69/A.
7. That on the next day i.e. on 21.01.2013 he requested for constitution of Medical Board for conducting the postmortem on the body of deceased Yakub.
8. That the accused Tasleem was produced before the Ld. Court who was remanded to Police Custody for two days.
9. That on the next day i.e. 22.01.2013, the postmortem of the deceased Yakub was got conducted at MAMC by the board and after postmortem, four exhibits sealed with the seal of hospital were handed over to him by the medical board along with the sample seal which he seized memo Ex.PW19/A.
10. That during the postmortem entire proceeding was videographed and photographed after which the Videographer Ct. Sanjay handed over the cassettes to him which were seized by making a pullanda sealed with the seal of SKH vide seizure memo Ex.PW19/B.
11. That all the pullandas were deposited in the Malkhana of the Police Station Subhash Place.
12. That on 23.01.2013 all the five accused persons namely Anwar, Sanwar, Khalid, Ankur and Tasleem were got medically examined from BSA Hospital and their blood sample in gauze was St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 320 collected duly sealed with the seal of hospital which were seized vide memo Ex.PW19/C after which the accused persons were produced before the Ld. MM from where they were remanded to Judicial Custody.
13. That on 29.01.2013 a secret information was received by him that the accused Hasrat would be visiting his relatives in Seelampur and there are chances that he would come at Metro Station Seelampur at about 6.00AM on the next morning i.e. on 30.01.2013.
14. That the information was recorded in the DD diary and the senior officers were informed about the secret information received by him.
15. That on 30.01.2013 a raiding party was constituted including himself, SI Rakesh Kumar, HC Mukesh and HC Ramesh and reached at Metro Station Seelampur and at about 6.20AM accused Hasrat was apprehended who was taken to the office of Anti Snatching Cell where he was interrogated at length and arrested vide memo Ex.PW69/B and his disclosure statement was recorded vide Ex.PW69/C after which he was produced in the court.
16. That he moved an application for TIP of the accused Hasrat but he refused to take part in the TIP and thereafter he was remanded to Police Custody for two days.
17. That during the Police Custody remand SI Mukesh Antil happened to be in the office of Anti Snatching Cell and he identified the accused Hasrat and after completion of Police Custody Remand period, accused Hasrat was produced before the Ld. MM and he was remanded to Judicial Custody.
18. That on 16.02.2013 SI Amit of Police Station Badarpur informed about the arrest of accused Asif and on 19.02.2013 accused was produced in the Court of Ld. ACMM on production warrant St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 321 and with due permission from the court he was interrogated and arrested vide memo Ex.PW69/D.
19. That the application for his TIP was moved by him before the court but the accused refused to participate in the TIP and thereafter he was remanded to three days Police Custody Remand.
20. That during further investigation his supplementary disclosure statement was recorded vide Ex.PW69/F and during Police Custody remand his medical examined was got conducted from BSA Hospital and his blood sample duly sealed with the seal of the hospital was seized vide memo Ex.PW19/D.
21. That after expiry of Police Custody Remand period, the accused was produced before the Ld. MM from where he was remanded to Judicial Custody.
22. That during further investigation of this case he collected the postmortem report and photographs of scene of crime and weapons used by police officials in the incident were seized vide seizure memo Ex.PW13/D and vide Ex.PW15/C.
23. That during further investigation scaled site plan of the scene of crime was got prepared by the draftsman SI Mahesh Kumar.
24. That all the vehicles involved in the incident were got mechanically examined by the Mechanical Inspector and statements of all the witnesses were recorded.
25. That exhibits of this case were sent to FSL Rohini through HC Ramesh Kumar and he collected the FSL result which is Ex.PW47/A, Ex.PW49/A and Ex.PW49/B.
26. That he collected the sanction U/s 39 of Arms Act from the DCP Crime which is Ex.PW61/A and he also collected the DNA finger printing report from FSL which is Ex.PW48/A and Ex.PW48/B. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 322 (170) Now coming to the microscopic evaluation of the evidence against the accused persons.
Medical Evidence:
(171) The case of the prosecution is that the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif along with Yakub (since expired) are desperate criminals who used to lift the cattle for purpose of slaughtering and do not hesitate in using firearms upon any persons who resist them. It has been alleged that on the intervening night of 1819.1.2013 all the accused lifted cattle i.e. three cows, one calf and one buffalo from the Dividing Road of Sector 1617, Rohini and when they were chased by the Police Party, they fired upon them pursuant to which Ct. Balkar received injuries on his shoulder and also pelted stones on the chasing team and in the return fire by the police team one of the accused i.e. Yakub expired whereas some other received injuries.
In so far as the animals i.e. cattle are concerned they too were injured in the incident and one of the cows who was pregnant expired. (172) Coming first to the medical record of the various persons who sustained injuries in the incident, the prosecution in order to prove its case has placed its reliance on the testimonies of Dr. Bhawna (PW27), Dr. Nikunj (PW28), Dr. Saurabh (PW30), Dr. Ashu Mittal (PW31) and Dr. Kapil Goyal (PW39).
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 323 (173) Dr. Bhawna (PW27) from BSA Hospital has proved that on 23.01.2013 the accused Anwar S/o Tassawar, aged 24 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad was brought to the hospital by Ct. Pawan Kumar with alleged history of crossfiring at Harsh Vihar for medical examination and for collection of blood sample. According to the witness the MLC of Anwar was prepared by Dr. Deepak Garg, her associate and Junior and the blood was collected by him under her supervision vide MLC Ex.PW27/A. According to the said MLC there were two following injuries on the body of the accused Anwar:
1. Lacerated wound of 3 x 2 cms over lateral part of left thigh.
2. Lacerated wound of of 2 x 1 cm over lateral part of left buttock area.
(174) The witness has proved that as per the MLC the above injuries were opined as Simple in nature.
(175) Dr. Bhawna (PW27) has proved that on 23.01.2013 the accused Sanwar S/o Ibrahim, aged 24 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad was brought to the hospital by Ct. Pardeep for medical examination and for collection of blood sample. According to the witness the MLC of Sanwar was prepared by Dr. Deepak Garg, her associate and Junior and the blood was collected by him under her supervision vide MLC Ex.PW27/B. As per the said MLC the accused Sanwar was brought to the hospital with alleged history of RTA (fall from truck) while chase by police at Harsh Vihar. On external St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 324 examination there were the following injuries on the body of accused Sanwar:
1. Lacerated wound of 3cm over parietal area of scalp.
2. Lacerated wound of 2cm x 1.5 cm on left parietal area of scalp.
3. Swelling with blackening of left eye.
4. Lacerated wound on 1cm over left cheek.
5. Old nasal bleeding stains
6. Contusions over back.
7. Multiple lacerated wounds all over the scalp.
(176) According to the MLC Ex.PW28/C the above injuries were opined to be Simple in nature.
(177) The witness has further proved that on 23.01.2013 the accused Khalid S/o Shagir, aged 22 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad was brought to the hospital by Ct. Pardeep Hooda for medical examination and for collection of blood sample. According to the witness the MLC of Khalid was prepared by Dr. Deepak Garg and blood was collected by him under her supervision which MLC is Ex.PW27/C. As per the above MLC the accused Khalid was brought to the hospital by the PCR in drowsy state and there were following injuries on his body:
1. Lacerated wound of 2cm over left forearm with underlying fracture.
2. Lacerated wound of 1 cm over right dorsum of hand with St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 325 underlying fracture of metacarpal.
3. Lacerated wound of 2 cm over occipital area of scalp.
(178) According to the MLC the above injuries were opined to be Grievous in nature.
(179) The witness Dr. Bhawna (PW27) has proved that on 23.01.2013 the accused Ankur Kumar S/o Satpal Singh, aged 23 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by Ct. Satbir Singh for medical examination and for collection of blood sample. According to the witness the MLC of Ankur Kumar was prepared by her and she collected his blood sample which MLC is Ex.PW27/D. As per the MLC there were no external injuries on the body of the accused Ankur Kumar. (180) Further, she has proved that on 23.01.2013 accused Tasleem S/o Mursalim, aged 25 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad had been brought to the hospital by police for medical examination and for collection of blood sample. According to the witness the MLC of Tasleem was prepared her and she collected his blood sample which MLC is Ex.PW27/E. As per the MLC there was a POP Slab present below the knee/ right lower limb. (181) According to the witness, on 30.01.2013 the accused Hasarat S/o Yusuf, aged 21 years R/o Village Nahal, Police Station Massorie, District Ghaziabad was brought to the hospital by Ct. Parvesh for medical St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 326 examination and for collection of blood sample. According to the witness she prepared the MLC of Hasrat and collected the blood sample which MLC is Ex.PW27/F according to which there were no fresh injury on the body of the accused.
(182) Witness has also proved that on 22.02.2013 Asif S/o Yunus aged 28 years, R/o Village Azrala, Police Station Mundali, District Meerut, UP was brought to the hospital by Ct. Pardeep Dahiya for medical examination and for collection of blood sample. According to the witness the MLC of Asif was prepared by her associate and Junior Dr. Arun Partap Singh who also collected the blood sample under her supervision which MLC is Ex.PW27/G according to which there were no fresh external injuries on the body of the accused. (183) Coming next to the testimony of Dr. Nikunj (PW28) who has proved that on 19.01.2013 Yakub S/o Unknown was brought to the hospital by Commander 31 HC Babu Ram initially as an unknown person whose name was later on disclosed by Yakub by other persons who was brought later. He has proved that the witness Yakub was brought in the casualty in an unconscious state and after examination he declared him as 'Brought Dead' vide MLC which is Ex.PW28/A. Dr. Nikunj (PW28) has also proved that on 19.01.2013 Anwar S/o Tasawar, aged 24 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad was brought to the hospital by the police and he prepared his MLC which is Ex.PW28/B. He has further proved the MLC of accused Sanwar S/o St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 327 Ibrahim, aged 24 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad who was brought to the hospital by the police and he prepared his MLC which is Ex.PW28/C. He has further proved that on 19.01.2013 accused Khalid S/o Shagir was brought to the hospital by the police and he prepared the MLC of Anwar which is Ex.PW28/D. The witness has also proved that on 19.01.2013 Ankur Kumar S/o Satpal Singh was brought to the hospital by the police and he prepared the MLC of Anwar which is Ex.PW28/E. He has further proved that the cases of Anwar, Khalid and Sanwar were referred by him to SR Surgery and Orthopedics for further investigations and management and after the examination by SR Surgery and Orthopedics it was opined that the patient Khalid had received fracture on the forearm and hand/ grievous injuries which observations of SR surgery are present at mark B on Ex.PW28/D and the observations and signatures of Dr. Kapil the Orthopedics at point mark C. (184) Dr. Nikunj (PW28) has also proved that on 19.01.2013 Ct. Balkar S/o Jugti, aged 24 years, R/o Village and Post Office Kheri Jugar, Tehsil Gannaur, District Sonepat, Haryana was brought to the hospital by the police and the MLC of Ct. Balkar was prepared by him which is Ex.PW28/F and which shows that he was brought to the hospital with the history of having gun shot injury on his right shoulder while chasing criminals and was treated for the said injury (duly reflected St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 328 in the MLC).
(185) Now coming to the testimony of Dr. Saurabh (PW29) who has proved that on 19.01.2013 the patients Anwar, Sanwar and Khalid were referred to him for further investigations and management and after examining the patients, he made his observations on their MLCs and his observations and signatures are present at point B on the MLC of Anwar which is Ex.PW28/B; his observations and signatures on the MLC of Sanwar Ex.PW28/C are present at point B and his observations and signatures on the MLC of Khalid Ex.PW28/D are present at point B. (186) Dr. Ashu Mittal (PW30) MS Surgeon from Jagdamba Hospital, Shahstri Nagar, Meerut, UP has proved that on 19.01.2013 Wasim (Tasleem) S/o Muslim, aged 25 years, R/o Village Nahal, Police Station Massorie, District Ghaziabad, UP was brought to the hospital by Salman, brother of the patient with the alleged history of having sustained gun shot injury at 3:00 AM on 19.01.2013 and he was admitted in the hospital and was under his treatment. The witness has proved the MLC of Tasleem which is Ex.PW30/A; discharge card of Tasleem which is Ex.PW30/B and the case sheet of Tasleem which is Ex.PW30/C (running into 08 pages).
(187) Dr. Kapil Goyal (PW39) SR Orthopedics from Bhagwan Mahavir Hospital has proved that on 19.01.2013 at about 3:05 AM the accused Anwar S/o Tasarar was brought to the hospital with alleged St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 329 history of cross firing at Harsh Vihar about half an hour back with police. Witness has further proved that he examined the patient and opined soft tissue injury on left thigh and left buttock which observations are present on the MLC at encircled portion X. He has further proved that on the same day at about 3:00 AM the accused Khalid S/o Sagir was brought in the Casualty of the hospital by HC Jai Bhagwan with alleged history of brought by police (PCR) in drowsy state found at Harsh Vihar Road side near TATA 407 at about half an hour back. He has also proved that initially the patient was examined in the casualty under the supervision of Dr. Nikunj Aggarwal, CMO on duty vide MLC No.232/13 after which the patient was referred to him in SR Ortho Department. He has stated that after examining the patient and after going through the X Ray reports he opined the injuries as fracture of fourth metacarpal right side with fracture of left ulna. He has proved his observations on the MLC at encircled portion X bearing his signatures at point C. (188) Coming next to the testimony of Dr. Sreenivas (PW31) Associate Professor, Maulana Azad Medical College who has proved that on 22.01.2012 the postmortem on the body of Yakub S/o Haneef R/o Village Dhindholi, Police Station Jani, Distt. Meerut UP was conducted by the Medical Board consisting of himself, Dr. Sone Lal and Dr. Jyoti Barwa. The witness has proved that after conducting the postmortem they gave their report which is Ex.PW31/A (running into 18 pages) and St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 330 prepared the diagram sheet which is Ex.PW31/B. He has also proved that two bullets were recovered from the body of deceased out of which one bullet was embedded in his clothing whereas the other bullet was recovered during the postmortem from the body. According to the witness the cause of death was opined to be craniocerebral damage consequent upon fire arm ammunition injury to the head (injury no.
1) and penetrating trauma to the head (injury No.3) which were individually and collectively sufficient to cause death in ordinary course of nature and time since death was opined to be about three days. He has proved the detail opinion in this regard at point bracketed X to X1 on Ex.PW31/A on page no. 17.
(189) Coming next to the Medical status and examination reports of the cattle which were rescued/ recovered from the possession of the accused, it is Sh. Dalip Suri (PW32), Manager of Sanjay Gandhi Animal Care Centre who has proved that on 19.01.2013 they received three cows, one cow calf and one buffalo under the present FIR and out of these five animals, one cow was pregnant who was badly injured, rest of the two cows and one calf were also injured. He has further proved that during the treatment one cow who was pregnant had expired and the postmortem report of the same is Ex.PW32/A and the cause of death was opined as haemorrhage shock and traumatic injury and there were following external injuries:
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 331
Blotted, bleeding and discharge from vagina, deep penetrating wound on the right flank, injury mark on muzzle and horn.
(190) He has further proved that internal examination showed deep penetrating wound and there was injury on the right horn, bleeding from the vulva, heart was congested and liver had petechial haemorrhage;
Intestine had multiple hemorrhages and had toe head few places; Reproductive procedure was filled with depth fetus and ruptured uterus. (191) Witness has also proved that when the animals were received in the center, the medical report were prepared by Dr. Nand Kishore dated 19.01.2013 which is Ex.PW32/B and by the order of the Court of Sh. Kishore Kumar the buffalo had been released to Superdar Abdulla on execution of the Superdarinama which copy of the superdarinama and released order are collectively Ex.PW32/C whereas the other two cows and one calf were still in the animal center as they had not been claimed by anybody.
(192) The above medical evidence in the form of MLCs of the accused Anwar, Sanwar, Khalid, Ankur Kumar, Tasleem, Hasrat and Asif; postmortem report of Yakub; MLC of injured Ct. Balkar and postmortem report of the deceased cow establishes the version put forth by the prosecution. The accused Ankur Kumar, Anwar, Sanwar and Khalid were apprehended at the spot. The MLC of accused Anwar which is Ex.PW27/A establishes that he had received two lacerated wounds i.e. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 332 one on left thigh and second on left buttock area; the MLC of accused Sanwar which is Ex.PW27/B establishes that he was having injuries on the parietal area of his scalp; the MLC of accused Khalid which is Ex.PW27/C establishes that in the incident he had received fracture in his left forearm and metacarpal. Further, the Medical Record of accused Tasleem which is Ex.PW30/A, Ex.PW30/B and Ex.PW30/C establish that the accused Tasleem was having a gun shot wound injury i.e. lacerated wound of 1 cm x 1 cm over lateral aspect of dorsum of right foot, 3 cms from right lateral mallcolus at 4 O'Clock Position, margins inverted and lacerated wound of 1 cm x 1 cm over medial aspect of right sole posteriorly, 7 cms from right medial malleolus at 5 O'Clock position, margins inverted. It stands conclusively established from the above medical evidence that at the time of his arrest the accused Tasleem was having a dressing in his leg a fact which even the accused does not deny. The accused Ankur Kumar had, however, not received any injuries. (193) Further, the MLC of Ct. Balkar Singh which is Ex.PW28/F confirms that he was brought to Bhagwan Mahavir Hospital with alleged history of having sustained gun shot injury on his right shoulder while chasing the criminals and the perusal of the MLC confirms the corresponding injury on his right shoulder.
(194) Also, the postmortem report of the deceased Yakub which is Ex.PW31/A establishes that the death of the accused was caused due to craniocerebral damage consequent upon fire arm ammunition injury to St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 333 the head (Injury no.1) and penetrating trauma to the head (Injury No.3) which were individually and collectively sufficient to cause death in ordinary course of nature. The forensic report establishes that the bullets recovered from the clothing and body of the deceased were fired through the official Rifle AK47 (Ex.P39) issued to Ct. Desh Raj and was being used by ACP Sh. Jasmeet Singh which is compatible to the other evidence brought on record by the prosecution. (195) This being the background, I hereby hold that the medical evidence on record is compatible to the prosecution version and lends credence to the oral testimonies of the various prosecution witnesses. Forensic Evidence:
(196) The case of the prosecution is that the accused had lifted cattle in Tata 407 tempo bearing No. HR38AS2616 and when the police party tried to stop them, the accused had fired upon the police party and pelted stones upon them and during the crossfiring one of the assailant namely Yakub had expired. In order to prove its case the prosecution is placing its reliance on the testimonies of the Forensic Experts i.e. Sh. K.C. Varshney (PW40), Sh. Puneet Puri (PW41) both Ballistic Experts, Sh. Parshuram Singh (PW47) the Physics Expert, Sh.
D.S. Paliwal (PW48) the DNA Fingerprinting Expert and Ms. Manisha Upadhyay (PW49) the Biology Expert and the reports proved by them. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 334 Forensic Report (Ballistic):
(197) Coming first to the Ballistic Evidence against the accused and to the testimony of Sh. K. C. Varshney (PW40) Deputy Director, FSL, Rohini he has proved that on 19.1.2013 at the request of SHO Police Station Netaji Subhash Place he reached Bhagwan Mahavir Hospital where the body of the deceased Yakub was lying in the casualty and under his supervision, Inspector Om Dutt collected the hand wash of the deceased which he kept in small polythene container which he then sealed and took into possession in his presence and seized the same vide memo Ex.PW36/S. He has further proved that the hand wash of Ankur and Anwar who were also present in the hospital was also taken under his supervision which Inspector Om Dutt kept in separate polythene containers which he then sealed and took into possession. He has also proved that Inspector Om Dutt then prepared the seizure memos of the same which are Ex.PW36/Q and Ex.PW36/R. (198) Sh. Puneet Puri (PW41) Sr. Scientific Officer (Ballistics) FSL, Rohini has proved that on 8.3.2013, thirty nine sealed parcels of the present case were received in FSL Rohini. He has proved that the seals were intact on the samples and on opening the first parcel one country made pistol of .315 inch bore and one 8 mm/ .315 inch cartridge were taken out which was marked as Ex.F1 and A1 by him; on opening the second parcel one country made gun of .315 inch bore was taken out which was marked as Ex.F2 by him; on opening the third parcel one St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 335 country made pistol of .303 inch bore was taken out which was marked as Ex.F3; on opening the fourth parcel eleven 8mm/ .315 inch cartridges and one belt for carrying cartridges were taken out which were marked as Ex.A2 to A12 and B1; on opening the fifth parcel one improvised pistol of 7.65 mm bore and three 7.65 mm cartridges were taken out which were marked as Ex.F4 and A13 to A15; on opening the sixth parcel one jacket which was marked Ex.C1 having a hole mark HB1 on the right shoulder, one uniform shirt marked Ex.CB2 having one area marked HB2 on the right shoulder were recovered; on opening the seventh parcel one swab taken from the right hand of the Yakub was taken out which was marked as Ex.S1; on opening the eighth parcel one swab taken from the left hand of the Yakub was taken out which was marked as Ex.S2; on opening the ninth parcel one control swab taken from Yakub which was marked as CA1; on opening the tenth parcel one swab taken from the right hand of the Ankur was taken out which was marked as Ex.S3; on opening the 11th parcel one swab taken from the left hand of Ankur was taken out which was marked as Ex.S4; on opening the 12th parcel one control swab taken from Ankur was taken out which was marked as Ex.CA2; on opening the 13th parcel one swab taken from the right hand of the Anwar was taken out which was marked as Ex.S5; on opening the 14th parcel one swab taken from the left hand of Anwar was taken out which was marked as Ex.S6; on opening the 15th parcel one control swab taken from Anwar St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 336 was taken out which was marked as Ex.CA3; on opening the 16th parcel one swab taken from right hand of Sanwar was taken out which was marked as Ex.S7; on opening the 17th parcel one swab taken from the left hand of Sanwar was taken out which was marked as Ex.S8; on opening the 18th parcel one control swab taken from Sanwar was taken out which was marked as Ex.CA4; on opening the 19th parcel one swab taken from right hand of Khalid was taken out which was marked as Ex.S9; on opening the 20th parcel one swab taken from the left hand of Khalid was taken out which was marked as Ex.S10; on opening the 21st parcel, one control swab taken from Khalid was taken out which was marked as Ex.CA5; on opening the 22nd parcel, one 7.65 mm cartridge case was taken out which marked as Ex.EC1; on opening the 23rd parcel one 8mm / .315 inch cartridge case was taken out which was marked as Ex.EC2; on opening the 24th parcel, one 8mm / .315 inch cartridge case (percussion cap was found absent) was taken out which was marked as Ex.EC3; on opening the 25th parcel, one metallic piece was taken out which was marked as Ex.EBR1; on opening the 26th parcel, two 8mm/ .
315 inch cartridges cases were taken out which were marked as Ex.EC4 and EC5; on opening the 27th parcel, two deformed bullets were taken out which were marked as Ex.EB2 and EB3. The witness has also proved that on opening the 28th parcel the following articles were taken out i.e. one jacket which was marked CY1 having four holes, two holes marked St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 337 as HY1 and HY2 on the right portion of backside and two holes marked HY3 and HY4 on the right portion of backside of collar; one sweat shirt with cap marked Ex.CY2 having three holes, one hole marked as HY5 on the right portion of back side and two holes marked HY6 and HY7 on the right portion of backside of the cap; one full sleeve shirt with brown stains marked Ex.CY3 having three holes marked as HY8, HY9 and HY10 on the right portion of backside, one jeans pant marked Ex.CY4; one pant marked Ex.CY5; one thermal lower marked Ex.CY6; one underwear marked CY7 and one pair of shoes marked Ex.CY8. The witness has further proved that on opening the 29th parcel, one pistol 9mm caliber bearing no. T366496 was taken out which was marked as Ex.F5; on opening the 30th parcel, one pistol 9mm caliber bearing no. 18254888 was taken out which was marked as Ex.F6; on opening the 31st parcel, one pistol 9mm caliber bearing no. 18254884 was taken out which was marked as Ex.F7; on opening the 32nd parcel, one rifle 5.56 mm caliber (INSAS) bearing no. 18107553 was taken out which was marked as Ex.F8; on opening the 33rd parcel, one assault rifle 7.62mm caliber (AK47) bearing No. KT 437797 was taken out which was marked as Ex.F9; on opening the 34th parcel, one pistol 9mm caliber bearing no. RCS 043 was taken out which was marked as Ex.F10; on opening the 35th parcel, one deformed bullet and 10 metallic pieces were taken out which were marked as Ex.EB4 and EBR5 to EBR14. Sh. K.C. Varshney has St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 338 further proved that on opening the 36th parcel, swabs marked SH1 to SH22, SH23A, SH23B taken from the holes marked H1 to H22, H23A, H23B; swabs marked SD1 to SD3 taken from the dents marked D1 to D3; and control swabs marked C1 to C11 from Tata 407 bearing registration No. HR 38A S2616, were taken out; on opening the 37th parcel, swab marked SH25 taken from the hole marked H25, swabs marked SD5, SD6 taken from the dents marked D5, D6 and one control swab marked C14 from Tata 407 bearing registration no. DL1L K9515 were taken out; on opening the 38th parcel, swab marked SH24 was taken from the hole marked H24 and one control swab marked C12 from Maruti Gypsy bearing registration no. DL1C J7412 were taken out; on opening the 39th parcel, swab marked SD4 taken from the dent marked D4 and one control swab marked C13 from Maruti Gypsy bearing registration no. DL1C M4596 were taken out.
(199) After examining the said exhibits the witness has proved having opined that:
1. The country made pistol marked Ex.F1 was in a working order, test fire was conducted successfully by using the cartridges marked Ex.A1, A2 and the test fired cartridge cases were marked as TC1 and TC2 and the one recovered test fired bullet was marked TB1.
2. The country made gun .315 inch bore marked Ex.F2 was not in working order in present condition and require repair of fire mechanism to brought into working condition but the test fire was St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 339 conducted under laboratory condition by using the cartridges A3, A4 and the test fired cartridge cases were marked TC3 and TC4.
3. That the country made pistol marked Ex.F3 was in a working order, test fire was conducted successfully by using two .303 inch cartridges taken from the laboratory stock, the test fired cartridge cases were marked TC5, TC6 and the two recovered test fired bullets were marked as TB2 and TB3.
4. That the improvised pistol marked Ex.F4 was in working order, test fire was conducted successfully by using the cartridges marked Ex.A13 and A14 and the test fired cartridge cases were marked as TC7 and TC8.
5. That the pistols marked Ex.F5, Ex.F6, Ex.F7 and Ex.F10 were in working order, two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F5 and the test fired cartridge cases were marked as TC9 and TC10; two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F6 which test fired cartridge cases were marked as TC11 and TC12; two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F7 and the test fired cartridge cases were marked as TC13 and TC14; two 9mm cartridges from the laboratory stock were test fired through the pistol marked Ex.F10 which test fired cartridge cases were marked as TC19 and TC20.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 340
6. The Rifle marked Ex.F8 was in working order, test fire was conducted successfully by using two 5.56 mm cartridges from the laboratory stock which test fired cartridge cases were marked as TC15, TC16 and two recovered test fired bullets were marked as TB4 and TB5.
7. The assault Rifle marked Ex.F9 was in working order, test fire was conducted successfully by using two 7.62 x 39 mm cartridges from the laboratory stock which test fired cartridge cases were marked as TC 17 and TC18 and the two recovered test fired bullets were marked as TB6 and TB7.
8. That the 7.65mm cartridge case marked Ex.EC1 was a fired empty cartridge and had been fired through the improvised pistol marked Ex.F4 as the individual characteristics of firing pin marks and breech face marks present on Ex.EC1 and on test fired cartridges cases mark TC7 and TC8 were found identical when examined under the comparison microscope.
9. That the 8mm/ .315 mm cartridge cases marked EC2, EC4 and EC5 were fired empty cartridges and had been fired through the country made gun marked Ex.F2 as the individual characteristics of firing pin marks present on Ex.EC2, EC4 and EC5 and on test fired cartridge cases TC3 and TC4 were found identical when examined under the comparison St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 341 microscope.
10. That the 8mm/ .315 inch cartridge case marked Ex.EC3 was a fired empty cartridge and no further opinion could be possible due to the insufficient data (as the percussion cap of Ex.EC3 found absent).
11. That no opinion could be given on the metallic pieces marked Ex.EBR1, EBR6, EBR8 to EBR13 due to insufficient data.
12. That the deformed bullets marked Ex.EB2, EB3 and EB4 were corresponding to the bullets of 7.62 x 39 mm cartridges and had been discharged through the rifle marked Ex.F9 as the individual characteristics of rifling marks present on Ex.EB2, EB3 and EB4 and on test fired bullets marked as TB6 and TB7 were found identical when examined under the comparison microscope.
13. That the metallic piece mark Ex.EBR5 was the part of jacket of fired bullet of 7.62 x 39 mm cartridge that had been discharged through the rifle marked Ex.F9 as the individual characteristics of rifling marks present on Ex.EBR5 and on test fired bullet marked Ex.TB6 and TB7 were found identical when examined under the comparison microscope.
14. That the metallic piece mark Ex.EBR7 was the core of bullet of 7.62 x 39 mm cartridge and the metallic piece mark Ex.EBR14 was St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 342 inner tip of bullet of 5.56 mm cartridge.
15. That hole marked HB1 on the jacket marked Ex.C1 and area marked HB2 on the uniform shirt mark Ex.CB2 along with control sample were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected around the hole marked HB1 on the jacket marked C1 and on the area marked HB2 on the uniform shirt marked Ex.CB2.
16. That the swabs marked S1 to S10 along with control swabs marked CA1 to CA5 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked S1 (right hand swab of Yakub), S2 (right hand swab of Yakub), S5 (right hand swab of Anwar), S6 (control swab of Anwar), S7 (right hand swab of Sanwar) and S8 (left hand swab of Sanwar).
17. That the holes marked HY1, HY2, HY3, HY4 on the jacket parked Ex.CY1, HY5, HY6 and HY7 on the sweat shirt marked Ex.CY2, HY8, HY9 and HY10 on the full sleeve shirt marked Ex.CY3 along with control samples were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of the analysis, no opinion could be given on the holes marked HY1 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 343 to HY10 due to insufficient data.
18. That the swabs marked SH1 to SH22, SH23A and SH23B taken from the holes marked H1 to H22, H23A, H23B; the swabs marked SD1 to SD3, taken from the dent marked D1 to D3 and control swabs marked C1 to C11 from Tata 407 bearing registration No. HR38 AS2616 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked SH5, SH7, SH8, SH9, SH10, SH11, SH12, SH13, SH14, SH15, SH16, SH18, SH19, SH20, SD2 and SD3 (swabs taken from Tata 407 bearing No. HR38AS2616).
19. That the swabs marked SH25 taken from the hole marked H25, swabs marked SD5, SD6 taken from the dent marked D5 and D6 and control swab from marked C14 from the Tata 407 bearing registration no. DL 1LK 9515 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked SH25, SD5 and SD6 (swabs taken from Tata 407 bearing No. DL1LR9515 i.e. Police Vehicle).
20. That the swabs marked SH24 taken from the hole marked H24 and control swab marked C12 taken from the Maruti Gypsy bearing registration no. DL 1CJ 7412 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 344 analysis led which is one of the main constituent of gun shot residue particles was detected on the swab marked SH24 (swab taken from Maruti Gypsy bearing No. DL1CJ7412).
21. That the swabs marked SD4 taken from the dent marked D4 and control swab marked C13 from the Maruti Gypsy bearing registration no. DL 1CM 4596 were analyzed for gunshot residue particles on atomic absorption spectrophotometer and as a result of analysis the gunshot residual particles were detected on the swabs marked SD4 (swab taken from Maruti Gypsy bearing No. DL1CM4596).
22. That the exhibits marked F1 to F10 were firearms, cartridges marked A1 to A15, cartridge cases marked EC1 to EC5, bullet marks EB2 to EB4, bullet remnants marked EBR5, EBR7 and EBR14 were ammunition as defined in Arms Act, 1959.
(200) Sh. Puneet Puri has proved his detailed report in this regard which is Ex.PW41/A (running into ten pages). For the sake of convenience, I am now putting the firearms used by the various accused as well as the police officials and the corresponding opinion of the ballistic expert, in a tabulated form as under:
Sr. Details of Firearm and Proved by Opinion of Ballistic Exprert No. place of its recovery
1. One loaded desi katta SI Lalit (PW36) The country made pistol .315 Bore (Marked Ex.F1 and Inspector marked Ex.F1 was in by the FSL Expert and Mukesh Antil working order, test fire was (PW37) St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 345 Ex.P8 in the Court) conducted successfully by recovered from the using the cartridges marked possession of accused Ex.A1, A2 and the test fired Sanwar, when he was cartridge cases were marked apprehended at the place as TC1 and TC2 and one of occurrence i.e. Road No. recovered test fired bullet 44, Opposite Jheel Wala was marked TB1.
Park, Lok Vihar, Pitam Pura, Delhi.
2. One country made desi SI Lalit (PW36) The country made gun .315 katta with long barrel and Inspector inch bore marked Ex.F2 was (Marked Ex.F2 by the Mukesh Antil not in working order in FSL Expert and Ex.P9 in (PW37) present condition and require the Court) found lying on repair of fire mechanism to the road front side of brought into working offending Tata 407 at Road condition but the test fire was Opposite Jheel wala park, conducted under laboratory Road No. 44, Lok Vihar, condition by using the Pitam Pura. As per the cartridges A3, A4 and the test disclosure made by fired cartridge cases were accused persons, the above marked TC3 and TC4.
long barrel desi katta was used by the accused Asif for firing upon the chasing police party which fell on footpath while he escaped.
3. Two empty cartridges SI Lalit (PW36) The 8mm/ .315 mm cartridge (marked as EC4 and and Inspector cases marked EC2, EC4 and EC5 by the Ballistic Mukesh Antil EC5 were fired empty Expert and Ex.P32 in the (PW37) cartridges and had been fired Court) recovered from the through the country made cabin of the offending gun marked Ex.F2 as the tempo. individual characteristics of firing pin marks present on Ex.EC2, EC4 and EC5 and on test fired cartridge cases TC3 and TC4 were found identical when examined under the comparison St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 346 microscope.
4. One empty cartridge .315 SI Lalit (PW36) The 8mm/ .315 mm cartridge bore (Marked as EC2 by and Inspector cases marked EC2, EC4 and the FSL Expert and Mukesh Antil EC5 were fired empty Ex.P29 in the Court) (PW37) cartridges and had been fired which was recovered from through the country made the footpath of Jheel Wala gun marked Ex.F2 as the Park, Road No. 44, individual characteristics of Pitampura. firing pin marks present on Ex.EC2, EC4 and EC5 and on test fired cartridge cases TC3 and TC4 were found identical when examined under the comparison microscope.
5. One belt for carrying SI Lalit (PW36) The 8 mm/.315 cartridges cartridges having eleven and Inspector marked exhibits A1 to A12 live cartridges of .315 bore Mukesh Antil are live ones and can be fired (belt Marked B2 and (PW37) through .315 bore/ caliber cartridges A2 to A12 by firearm.
the Ballistic Expert and collectively Ex.P11 in the Court) recovered from the body of the offending TATA
407.
6. One country made loaded SI Lalit (PW36) The improvised pistol marked pistol (Marked Ex.F4 by and Inspector Ex.F4 was in working order, the FSL Expert and Mukesh Antil test fire was conducted Ex.P12 in the Court) (PW37) successfully by using the having two cartridges in cartridges marked Ex.A13 the magazine recovered and A14 and the test fired from the dash board of cartridge cases were marked offending TATA 407. As per as TC7 and TC8.
the disclosure statement made by the accused persons, the above country made pistol was handed over to accused Hasrat St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 347 who was sitting in the cabin of offending TATA 407 by the main accused Asif which Hasrat used for fining on the Police Party and which was also taken from him and used by Asif during the firing.
7. One empty cartridge 7.65 SI Lalit (PW36) The 7.65mm cartridge case mm recovered from the and Inspector marked Ex.EC1 was a fired road (Marked as EC1 by Mukesh Antil empty cartridge and had the Ballistic Expert and (PW37) been fired through the Ex.P28 in the Court) near improvised pistol marked Jheel Wala Park, Ex.F4 as the individual Pitampura characteristics of firing pin marks and breech face marks present on Ex.EC1 and on test fired cartridges cases mark TC7 and TC8 were found identical when examined under the comparison microscope.
8. One desi katta (Marked as SI Lalit (PW36) That the country made pistol Ex.F3 by the FSL Expert and Inspector marked Ex.F3 was in and Ex.P10) recovered Mukesh Antil working order, test fire was from the body of the (PW37) conducted successfully by offending TATA 407. As using two .303 inch per the disclosure cartridges taken from the statement made by the laboratory stock, the test accused persons, the above fired cartridge cases were country made desi katta marked TC5, TC6 and the was handed over to two recovered test fired accused Anwar by the bullets were marked as TB2 main accused Asif which he and TB3.
used for firing on police party and left in the offending vehicle in the backside body along with belt containing cartridge.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 348
9. One empty cartridge .315 SI Lalit (PW36) The 8mm/ .315 inch cartridge bore (Marked as EC3 by case marked Ex.EC3 was a and Inspector the Ballistic Expert and Mukesh Antil fired empty cartridge and no Ex.P30 in the Court) (PW37) further opinion could be recovered from the Road possible due to the near Jheel Wala Park, insufficient data since the Pitampura. percussion cap of Ex.EC3 found absent.
10. One pistol of 9 mm caliber HC Jugender The pistol of 9 mm Caliber bearing No. T366496 (PW13) and Ct. marked Ex.F5 was in (marked as F5 by the Ravinder working order.
Ballistic Expert and (PW44) Ex.P35 in the Court) which was officially issued to Ct. Ravinder vide Ex.PW13/A.
11. One pistol of 9 mm caliber SI Mukesh The pistol of 9 mm Caliber bearing No. 18254888 Antil (PW37) marked Ex.F6 was in (marked as F6 by the and HC Hari working order.
Ballistic Expert and Pal (PW14) Ex.P36 in the Court) which was officially issued to SI Mukesh Antil vide Ex.PW14/A
12. One pistol of 9 mm caliber ASI Jaipal The pistol of 9 mm Caliber bearing No. 18254884 (PW51) and marked Ex.F7 was in (marked as F7 by the HC Hari Pal working order.
Ballistic Expert and (PW14) Ex.P37 in the Court) which was officially issued to HC Jaipal vide Ex.PW14/A.
13. One Rifle 5.56 mm caliber Ct. Jitender The Rifle 5.56 mm marked (INSAS) bearing No. (PW52) and Ex.F8 was in working order.
18107553 (marked as F8 HC Hari Pal
by the Ballistic Expert and (PW14)
Ex.P38 in the Court)
which was officially issued
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 349
to Ct. Jitender vide
Ex.PW14/A.
14. One assault rifle 7.62 mm Ct. Desh Raj The assault rifle 7.62 mm
caliber (AK47) bearing (PW58) and marked Ex.F9 was in
No. KT 437797 (marked as HC Phool working order and the
F9 by the Ballistic Expert Kumar (PW15) deformed bullets marked
and Ex.P39 in the Court) Ex.EB2, EB3 (recovered
which was officially issued from the body of the
to Ct. Desh Raj vide deceased Yakub) and EB4
Ex.PW15/A. (bullet remains lifted from
the offending tempo) were
corresponding to the bullets
of 7.62 x 39 mm cartridges
and EBR5 (Ex.P14) which
is a part of jacket of bullet of
7.62 x 39 mm cartridge
(lifted from the offending
tempo) had been discharged
through the rifle 7.62 mm
caliber (AK47) marked
Ex.F9.
15. One pistol of 9 mm caliber Addl. DCP Sh. The pistol of 9 mm Caliber
bearing No. RCS043 Jasmeet Singh marked Ex.F10 was in
(marked as F10 by the (PW34) and working order.
Ballistic Expert and HC Phool
Ex.P40) in the Court) Kumar (PW15)
which was officially issued
to ACP Sh. Jasmeet Singh
vide Ex.PW15/A.
(201) Further, the GSR Report establishes that gunshot residual
particles were detected around the hole marked HB1 on the jacket marked C1 and on the area marked HB2 on the uniform shirt marked Ex.CB2 (belonging to injured Ct. Balkar Singh); swabs marked S1 (swab taken from the right hand of Yakub), S2 (swab taken from the left hand of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 350 Yakub), S5 (swab taken from the right hand of Anwar), S6 (swab taken from the left hand of Anwar), S7 (swab taken from the right hand of Sanwar) and S8 (swab taken from the left hand of Sanwar); swabs marked SH5, SH7, SH8, SH9, SH10, SH11, SH12, SH13, SH14, SH15, SH16, SH18, SH19, SH20, SD2 and SD3 (swabs taken from Tata 407 bearing No. HR38AS2616); swabs marked SH25, SD5 and SD6 (swabs taken from Tata 407 bearing No. DL1LR9515 i.e. Police Vehicle); swab marked SH24 (swab taken from Maruti Gypsy bearing No. DL1CJ7412) and from the swab marked SD4 (swab taken from Maruti Gypsy bearing No. DL1CM4596).
(202) The above Ballistic Report establishes the prosecution case that there was a crossfiring and the police party had to fire only in their defence since the accused were having heavy arms and ammunition. The Ballistic Report not only corroborates and confirms the prosecution version but also conclusively connects the accused with the offences alleged and the accused have not been able to controvert the same. Forensic Report (Physics):
(203) Sh. Parshuram Singh (PW47) Assistant Director (Physics) has proved that on 19.01.2013 he along with other team members visited the place of occurrence i.e. road No. 44, near Jheel Wala Park in the area of Police Station Subhash Place for examination of scene. He has also proved that the scene of crime was thoroughly examined after which he prepared his report which is Ex.PW47/A and he made the following St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 351 observations: ➢ That there were four vehicles, two jeep bearing registration No. DL1CM4596 and DL1CJ7412 and one Tata 407 having marking police bearing registration No. DL1LK9515 and other Tata 407 with some cattle was bearing registration No. HR38AS2616 were standing inside the cordoned area.
➢ That a mark appeared to be made by tyre was observed in the scene and the nature of skid mark was in wavy form, which indicates that the tyre was not in proper condition during the formation of mark and pieces of tyre were also found scattered after the end of mark. ➢ That back left tyre of Tata 407 bearing registration No. HR38 AS 2616 was found missing, however some portion of tyre was attached with rim, Back right tyre was also found in a punctured condition and both the front tyres were intact. ➢ That cracks/ damage on right part of wind screen of Tata 407 bearing registration No. HR38AS2616 were observed. ➢ That some mark in mud parallel to the edge of footpath was observed and the mark was having two parallel lines and the distance between two lines was found consistent with the width of the rim of back left tyre.
➢ That blood like stains were lying inside the Tata 407 bearing registration No. HR38 AS2616 and one firearm was lying near the above Tata 407 and some dark brown stains were found on St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 352 firearm.
➢ That cracks on windscreen of Maruti Jeep bearing registration No. DL1CJ7412 were observed and one hole was also observed in this vehicle.
➢ That above observation indicates that driver of Tata 407 bearing registration No. HR38AS2616 had tried to move the vehicle even after damage of back left tyre.
(204) The above Physical Examination Report confirms the presence of various firearms at the spot of the incident and also in the offending vehicle. It stands established that there were skid marks and the back left tyre of the offending vehicle was severed and pieces of tyre was lying at the spot confirming the prosecution version that the offending tempo Tata 407 had moved even after damage of back left tyre. It further stands established that there were cracks/ damage on right part of wind screen of Tata 407 bearing registration No. HR38AS2616 and there were cracks on windscreen of Maruti Gypsy bearing registration No. DL1CJ7412 with one hole which corroborates the Ballistic Report and the Ocular Evidence thereby confirming the firing on the police vehicle i.e. Maruti Gypsy bearing No. DL1CJ7412 following the assailants in Tata 407 from the back side.
Biological/ Serological Examination/ DNA Examination Reports:
(205) Ms. Manisha Upadhyaya (PW49) Senior Scientific Officer (Biology) has proved the Biological and Serological Reports which are St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 353 Ex.PW49/A and Ex.PW49/B. According to the Biological Report Ex.PW49/A Blood was detected on exhibits 1 (blood sample in gauze), exhibit 2 (buffalo hair soaked in blood), exhibit 4 (one dirty brownish blackish stones), exhibit 5 (blood in gauze), exhibit 7 (a dirty brownish concrete piece of stone), exhibit 8 (blood gauze), exhibit 9 (blood gauze), exhibit 10 (blood gauze), exhibit 11 (blood gauze), exhibit 12 (blood gauze), exhibit 13 (blood gauze) and exhibit 14 (blood gauze). However, blood could not be detected on exhibit 3 (buffalo hair as control) and exhibit 6 (earth control). Further, as the serological examination report which is Ex.PW49/B Blood Group 'A' was detected on exhibit 14 (gauze cloth piece), thereby establishing that the Blood Group of the deceased Yakub was 'A' Group.
(206) Sh. D.S. Paliwal (PW48) Senior Scientific Officer (Biology/ DNA) has proved that on 02.08.2013 eleven sealed parcels were received in DNA Unit from the Biology Division which were marked to him for examination and on biological examination of above said parcels Blood was detected on exhibits 2 (a piece of cotton wool swab having dark stains described as buffalo hair soaked in blood), Exhibit 4 (blood stained stones), exhibit 5 (blood in gauze), exhibit 7 (blood stained concrete stone), exhibit 8 (blood gauze of the deceased Yakub), exhibit 9 (blood gauze of the accused Anwar), exhibit 10 (blood gauze of accused Khalid), exhibit 11 (blood gauze of accused Sanwar), exhibit 12 (blood gauze of accused Ankur), exhibit 13 (blood gauze of accused Tasleem) and exhibit St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 354
14 (blood gauze of Asif). He has also proved that on DNA Examination the source of exhibit 2 (buffalo hair soaked in blood), exhibit 4 (blood stained stones), exhibit 5 (blood in gauze), exhibit 7 (blood stained concrete stone), exhibit 8 (blood gauze of the deceased Yakub), exhibit 9 (blood gauze of the accused Anwar), exhibit 10 (blood gauze of accused Khalid), exhibit 11 (blood gauze of accused Sanwar), exhibit 12 (blood gauze of accused Ankur), exhibit 13 (blood gauze of accused Tasleem) and exhibit 14 (blood gauze of Asif) were subjected to DNA isolation and pursuant to the same DNA was isolated from the source of exhibit 4, 5, 8, 9, 10, 11, 12, 13 and 14, but DNA could not be isolated from the source of exhibit 2 (buffalo hair soaked in blood) and exhibit 7 (blood stained concrete stone). He has further proved that DNA profile for the exhibit 4, 5, 8, 9, 10, 11, 12, 13 and 14 was prepared by using AmpFl STR identifiler PCR Amplification kit and AmpFl STR Yfiler PCR Ampilification Kit and STR analysis was used for the sample and data was analyzed by using Gene Mapper IDX Software. The witness has proved that after examination he opined that alleles from the source of exhibit 8 (blood gauze of the deceased Yakub) are accounted in the alleles from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze) and the alleles from the source of exhibit 9 (blood gauze of Anwar), exhibit 10 (blood gauze of Khalid), exhibit 11 (blood gauze of Sanwar), exhibit 12 (blood gauze of Ankur), exhibit 13 (blood gauze of accused Tasleem) and exhibit 14 (blood gauze of Asif) are not St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 355 accounted in the alleles from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze). The witness has further proved having opined that the DNA profiling (STR analysis) performed on the exhibits provided is sufficient to conclude that the DNA profile from the source of exhibit 4 (blood stained stones) and exhibit 5 (blood in gauze) in similar with DNA profile from the source of exhibit 8 (blood gauze of the deceased Yakub). He has proved his detailed report in this regard which is Ex.PW48/A (running into four pages) and the Genotype Analysis of the exhibits which report is Ex.PW48/B. (207) The above DNA Report conclusively establishes that the blood found on the stones lying in the offending vehicle belonged to the deceased accused Yakub thereby demolishing the defence of the accused regarding no such incident having taken place as alleged. Wireless Transmission Messages:
(208) The case of the prosecution is that after the information of cattle theft and firing on villagers and public persons was received, the police of entire District was alerted and they were able to track down the offenders and followed them till the Jheel Wala Park at Lok Vihar i.e. where the police parties were able to surrounded the gang and nab some of them. It is submitted that the record of the Wireless Transmission Messages from the Control Room lends an independent confirmation and corroboration to this prosecution version. In this regard the prosecution St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 356 has placed its reliance on the various WT messages which have been duly proved by HC Umesh Kumar Sharma (PW68).
(209) The Ld. Defence Counsels on the other hand have argued that these Wireless Transmissions do not assist the prosecution in any manner and have also submitted that it is a record which have been fabricated by the Police to create evidence against the accused.
(210) I have considered the rival contentions and also the evidence which has come on record. I may observe that the WT Messages are the messages which are transmitted through the Radio Waves have been duly proved by HC Umesh Kumar Sharma (PW68) and not controverted.
This record is deemed to be regularly maintained in the official course of business and hence it was for the defence to prove that it was not regularly maintained.
(211) I am now putting the various WT messages along with the details of time and contents of messages in a tabulated form as under:
Sr. Source of Time Message Transmitted
No. information
1. Control Room 02:02 hrs. Cows have been stolen from the dividing
Outer District road of Sector 16/17, Rohini. For
information P33, P32,P13, P7, P3,P2 and
P1.
2. P1 (DCP Outer) 02:05 All staff be alerted, all pickets be alerted,
Barricading be done. Above vehicle should
not run away at any cost.
3. P1 (DCP Outer) 02:10 Communicate to all staff to keep long
range firearms. Team head should be
inspector, ensure it.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 357
4. P1 (DCP Outer) 02:15 All SHOs have been given teams of 33
staff. Tell them to deploy the teams in such
a way that mewatis would be caught.
Follow the drill as told. Checking be done
in a proper way.
5. P50 (Control 02:17 It is Mehendra Pick up white color, they
Room Outer) have lifted one cow and fired also. They
have gone towards sec. 17. All staff should
be alert. All officers are on listening
watch. Staff be alerted. For information
P33, P32,P24,P13,P7 and p 1.
6. P1 (DCP1) 02:20 Libra 45, call me on mobile.
7. P1 (DCP1) 02:22 Inform Northwest District
Already informed - from P 50.
8. P1 (DCP (1) 02:23 Tell everybody, no one should come in
front of the offending vehicle. Chase from
behind. Alert Highway, North West Distt
and Zone.
9. P4 (ACP Alipur) 02:24 hrs. Following a tempo at K N Katju Marg. We
used Siren but it did not stop. No number
on it. It appears to be the same tempo.
10. P6 (ACP Sultan 02:24 We have seen the vehicle. They have been
Puri) firing.
11. P4 (ACP Alipur) 02:24 Going to Sachdeva from K N K. P6 is also
following in Qualis.
12. P4 (ACP Alipur) 02:25 hrs. Went towards P Pura, PPL. P6 is also
following in Qualis. We have fired once.
We are about 20 mts. Away.
13. P4 (ACP Alipur) 02:25 hrs. Heavy firing from tempo. P6 is also
following.
14. P4 (ACP Alipur) 02:26 hrs. Get M/Puri and S/Puri and Ring Road
jammed. My driver has been hurt by a
bullet. Going toward Peeragarhi, Deepali.
15. P6 (ACP Sultan 02:26 Bullet hit its tyre and it burst.
Puri)
16. P1 (DCP1) 02:27 Back tyres have been burst, North West be
informed. Offending vehicle should not
run away at any cost.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 358
17. P1 (DCP1) 02:28 Get the Rani Bagh Picket cover up. Inform
west and North west distt.
18. P6 (ACP Sultan 02:28 Get the PCR alerted at the outer Ring Road
Puri) side.
P1 PUT the PCR van on Ring Road.
19. P3 (Addl. 02:30 Vehicle persons have been firing from
DCP1) arms.
20. P6 (ACP Sultan 02:30 Tempo tyre has been coming out and
Puri) tempo hit a barricade. Firing has been
done from driver's side also.
21. P1 (DCP1) 02:31 Vehicle should be followed irrespective of
district and vehicle should not got out at
any cost.
22. P24 (SHO 02:32 Vehicle has been apprehended at Mahindra
Prashan Vihar) Park. Tyre has been bust and dragged
about 100 meters on the road towards one
side of the road.
23. P1 (DCP1) 02:23 One person has gone in the park. Park be
covered.
24. P50 (Control 02:34 SHO and I/c PP Rani Bagh is reaching the
Room Outer) spot.
25. P32 (SHO 02:35 Position at the spot.
Shahbad Dairy)
26. P32 B (Bravo 02:38 Two apprehended from TATA 407 have
Shahbad Dairy) been sent to Bhagwan Mahavir Hospital.
27. P 32 B (Bravo 02:40 Crime team be sent to the place of
Shahbad Dairy) occurrence.
28. P2 (Addl. DCP) 02:41 Disclose location.
29. P25B (Bravo 02:41 Lok Vihar, Bus stand is the right location.
North Rohini)
30. P13 (ACP S.P. 02:42 All to cover park so that public should not
Badli) go inside it.
31. P26 (SHO 02:42 Position at the occurrence. 2 bullets have
Mangol Puri) hit tyres.
32. P50 (Control 02:43 One boy has run from pick up whose
Room Outer) trousers are wet upto knees.
33. P4 (ACP Alipur) 02:44 Driver has been hit by a bullet on his
shoulder. He has been sent to hospital.
34. P26 (SHO 02:46 We have apprehend one boy.
Mangol Puri)
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 359
35. P1 (DCP1) 02:46 We have seen some boys running out from
the vehicle. The entire area be cordoned
off and search be made about the
absconding persons. Nobody should run
away.
36. P6 (ACP Sultan 03:00 Four persons have been
Puri) apprehended. .........
(212) From the above WT messages the following aspects stand
established:
➢ At 2:02 AM the first information regarding the theft of cows from the Dividing Road of Section 1617, Rohini was received (independent corroboration from the testimony of Sumer Singh PW54) after which the chase started.
➢ At 2:17 AM it was informed by Control Room that the Mahendra Pickup lifted one cow and also fired and was going towards Sector 17 and all the staff was alerted.
➢ At 2:23 AM the DCP1 directed the staff not to come in front of the offending vehicle and to chase it from behind and also to alert Highway, NorthWest District and Zone.
➢ At 2:24 AM ACP Alipur Sh. Rajeev Ranjan informed that they were following the tempo at KN Katju Marg, police was using siren in order to stop and the tempo is without any number plate and there was firing from the tempo and they were going to KN Katju Marg.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 360 ➢ At 2:24 AM ACP Sultanpuri also started chasing the offending vehicle and there was firing.
➢ At 2:25 AM ACP Alipur had fired once and there was heavy firing from the tempo.
➢ At 2:26 AM ACP Alipur directed to jam Mangol Puri, Sultan Puri and Ring Road and also informed the Control Room that his driver had been hurt by a bullet while they were going towards PeeragarhiDeepali.
➢ At 2:26 AM ACP Sultan Puri informed the Control Room that one of the bullet had hit the tyre of the offending vehicle which tyre had burst.
➢ At 2:28 AM DCP Outer directed to cover up the Rani Bagh picket and to inform the West and NorthWest District and the ACP Sultan Puri alerted the PCR on the Outer Ring Road side. ➢ At 2:30 AM the Addl. DCP II informed the Control Room that the persons had been firing from arms and ACP Sultan Puri informed that the tyre of the tempo had come out after which the tempo hit the barricade and firing had also been done from the driver's side.
➢ At 2:31 AM the DCP Outer directed that vehicle should be followed irrespective of the District and vehicle should not move out at any cost.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 361 ➢ At 2:32 AM the SHO Prashant Vihar informed the Control Room that the vehicle was apprehended at Mahendra Park and its tyre had burst and it dragged about 100 meters on road towards one side and the DCP Outer also informed that one person had gone in the park and also directed to cover the park.
➢ At 2:38 AM two accused persons who were apprehended from Tata 407 were sent to Bhagwan Mahavir Hospital.
➢ At 2:43 AM it was informed that one boy who had run from the offending vehicle whose trousers are wet upto knees. ➢ At 2:44 AM the Driver of ACP Alipur who had been hit by a bullet was sent to Hospital.
➢ At 2:46 AM some boys had been apprehended and the entire area was cordoned off and search was made to trace the absconding persons.
➢ At 3:00 AM four persons had been apprehended.
(213) The above evidence relating to the Wireless Transmission Messages through Radio Waves which have been brought before this Court as evidence, which the accused have failed to rebut and controvert and finds independent confirmation from the circumstantial evidence, lends support and credence to the Ocular Evidence which has been brought on record by the prosecution and confirm the prosecution version.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 362 Complaint under Section 195 Cr.P.C. and Sanction under Section 39 of Arms Act Proved:
(214) Sh. M.A. Rizvi (PW33), the then Addl. DCP Outer District has proved that on 15.04.2013 he perused the case file of the present case i.e. case FIR No. 32/13 U/s 186/353/412/332/307/120B/34 IPC and 25/27 Arms Act, Section 3 of PDPP Act and Section 5 of Delhi Agriculture Cattle Preservation Act, Police Station Subhash Place along with all the relevant documents. He has further proved that after it was found that there is sufficient evidence to prove that accused Anwar, S/o Tasawar, accused Sanwar, S/o Ibrahi, accused Khalid, S/o Sagird, accused Tasleem, S/o Moorsalin, accused Ankur, S/o Satpal, accused Hasrat, S/o Yusuf and accused Asif S/o Yunus have voluntarily obstructed the police officials (1) Sh. Rajiv Ranjan, ACP Alipur, (2) Sh. Jasmeet Singh, ACP Sultanpuri, (3) SI Mukesh Antil, (4) SI Kamaljeet Singh, (5) HC Jaipal Singh, (6) HC (driver) Chella Ram, (7) Ct. Balkar Singh, (8) Ct. Ankit, (9) Ct. Rakesh, (10) Ct. Desh Raj, (11) Ct. Jitender, (12) Ct. Umesh, (13) Ct. Vijay Pal and (14) Ct. Satender in discharge of their official duty, used criminal force against the above said police personal to deter them from the discharge of their official duties and fired on the police personal by using illegal arm in furtherance of their common intention to attempt to commit their murder. The witness has further proved that thereafter he made a complaint under Section 195 Cr.P.C. against the above said accused being the Administratively Superior of the above said police St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 363 officials which complaint is Ex.PW33/A which complaint along with the list of witness was filed in the court of Sh. Sanjay Jindal Ld. CMM.
(215) Sh. Kumar Gyanesh the then DCP Crime Branch (PW61) has proved that on 04.01.2014 the file for according the Sanction under Section 39 of Arms Act in relation to the accused charged for the same as placed before him by Inspector Sushil Kumar, Investigating Officer.
He has also proved that after going through the copy of the charge sheet, the statements of the witnesses, seizure memos, FSL reports, sketches of the various firearms and other documents placed on the charge sheet and after being satisfied he accorded the sanction under Section 39 of the Arms Act for the prosecution of the said accused so charged under Section 27 of Arms Act which Sanction is Ex.PW61/A. (216) The accused have not been able to controvert the complaint under Section 195 Cr.P.C. and the sanction accorded under Section 39 of Arms Act which have been duly proved by the prosecution. Mechanical Inspection Report of the vehicles confirm the incident:
(217) As per the case of the prosecution after the offending vehicle Tata 407 bearing No. HR38AS2616 lifted the cattle, the entire police staff of NorthWest and Outer District was alerted. The ACP Alipur Sh.
Jasmeet Singh chased the offending vehicle in his Gypsy bearing No. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 364 DL1CJ7412, the ACP Sultan Puri Sh. Jasmeet Singh also chased the offending vehicle in his Qualis bearing No. DL1CH9802; SI Mukesh Antil chased the offending tempo in Tata 407 bearing No. DL1LK9515 and SI Kamaljeet of Police Station Prashant Vihar chased the offending tempo in the ERV Gypsy No. DL1CM4594 and it was pursuant to a joint effort of both the Districts that the assailants/ accused were apprehended. In order to strengthen its case the prosecution is placing its reliance on the testimony Mechanical Expert ASI Devender Kumar (PW43) and the reports proved by him.
(218) Retd. ASI/ Tech. Devender Kumar (PW43) has proved that on 05.03.2013 he had carried out the mechanical inspection of TATA Tempo 407 bearing No. HR38AS2616 vide report which is Ex.PW43/A, TATA Tempo 407 bearing No. DL1LK9515 vide report which is Ex.PW43/B, Maruti Gypsy bearing No. DL1CM4596 vide report which is Ex.PW43/C and Maruti Gypsy bearing No. DL1CJ7412 vide report which is Ex.PW43/D. (219) I have gone through the aforesaid reports duly proved by Devender Kumar (PW43), which the defence has not been able to controvert the details of which I am putting in a tabulated form along with the details of the vehicles and the corresponding observations of the Technical Expert which is as under:
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 365
Sr. Details of the vehicle Observations of the Mechanical Expert No.
1. Gypsy No. DL1CJ7412, Front wind screen glass broken from right official vehicle of ACP, side (Ex.PW43/D). Alipur.
2 TATA 407 No. DL 1 LK 9515 No fresh damages found (Ex.PW43/B).
used by SI Mukesh Antil for patrolling.
3 Gypsy No. DL 1 CM 4595, Front wind screen glass of left lower side ERV of PS Prashant Vihar, portion was found broken (Ex.PW43/C). used by SI Kawaljeet Singh.
4 Offending TATA 407 No. Front bumper left lower side portion bent/
HR38AS2616 used by the dented.
accused persons in the Bonnet dented from front left side.
commission of offence, which Front wind screen glass broken from right
was found stolen from PS side.
Nangloi vide FIR No. 268/12 Extra Steel 'U' type garter extra fitted
under Section 379 IPC inside of front bumper.
having Original Registration Rear left side wheel Tyre-Tube missing and
No.DL1LR2013 registered rear Right side wheel with TyreTube
in the name of Sh. Dilbagh missing (Ex.PW43/A).
Singh S/o Sh. Randhir
Singh, R/o H. No. 109,
Arvind Enclave, Nangloi,
Delhi.
(220) A combine evaluation of the Mechanical Inspection Reports
establish the following aspects:
➢ That front wind screen glass of Gypsy No. DL1CJ7412 (official vehicle of ACP, Alipur) was found broken from right side thereby proving that one of the bullets fired by the assailants hit the wind screen and corroborates/ confirms the Ocular and Medical Evidence of Ct. Balkar the Driver of ACP Alipur being hit by St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 366 Bullet Causing injuries to him (Photographs Ex.PW26/A13, Ex.PW26/A14 and Ex.PW26/A15 show the bullet mark in the wind screen of Gypsy No. DL1CJ7412).
➢ That front wind screen glass of glass of left lower side of Gypsy No. DL1CM4596 (official vehicle of ACP, Sultan Puri) was found broken thereby establishing and confirming that police vehicle was chasing the offending vehicle behind it and that firing was being done by the assailants from the offending vehicle when one of the bullets fired by the assailants hit the wind screen of the vehicle. This evidence is confirmative and corroborative of the oral ocular evidence ad discussed separately and also of the photographs proved by Ct. Hans Raj (PW26). Photograph Ex.PW26/A38 also confirms the bullet mark in the wind screen of Gypsy No. DL1CM4596).
➢ That there was a bent/ dent on the front bumper left lower side portion and there was a dent on the bonnet from front left side of the offending Tata 407 bearing No. HR38AS2616 thereby establishing that it hit the barricade put by the police team near Haryana Maitri Bhawan Picket thereby corroborative and confirming the oral ocular evidence and the photographs proved by Ct. Subhash (PW25). Photograph Ex.PW25/A2 shows the dent mark on the offending vehicle and also the photograph Ex.PW25/A18 shows the broken barricade lying near the police St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 367 picket).
➢ That front wind screen glass of the offending Tata 407 bearing No. HR38AS2616 was broken from right side confirming its use at the time of incident. Photographs Ex.PW25/A2 (duly proved by Ct. Subhash - PW25), photographs Ex.PW26/A19 and Ex.PW26/A34 (proved by Ct. Hans Raj PW26) show the broken wind screen of the offending tempo.
➢ That rear left side wheel Tyre-Tube and rear Right side wheel with TyreTube of the offending Tata 407 bearing No. HR38AS2616 were missing confirming the ocular evidence of the offending vehicle being hit by police firing from behind in an attempt to stop the same (i.e. use of minimal justifiable force) and that even after being hit it kept moving. The photographs Ex.PW25/A1 and Ex.PW26/A41 show the severed tyre of the offending Tata 407 lying at the spot and the photographs Ex.PW25/A19 and Ex.PW25/A37 show the skid marks of offending tempo. ➢ That Extra Steel 'U' type garter was fitted inside of front bumper of the offending Tata 407 bearing No. HR38AS2616 thereby proving that the offending tempo has been specifically improvised and designed to withstand the blunt force impact so that the vehicle is not damaged while hitting the barricades. This not only establishes prior meeting of mind but also the intent to St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 368 achieve an illegal object. It confirms the prosecution version of the accused being desperadoes who work in an organized manner while carrying out their illegal object (i.e. lifting and stealing cattle for purposes of slaughtering).
(221) The above mechanical inspection reports not only confirm the testimonies of the various prosecution witnesses but lends credence and support to the other evidence which has come on record. Motive of the Crime/ Criminal Conspiracy:
(222) 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 in case of resistance or obstruction to achieving of this object, meet the same by use of illegal force even if it was by killing the person so causing obstruction and in order to meet this objective a Criminal Conspiracy was hatched and executed thereof.
(223) As per the allegations on or before 19.1.2013 all the accused namely Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif along with Yakub (since expired) are habitual offenders belonging to a gang of cattle lifters involved in large number of cases and had hatched a criminal conspiracy to lift the cows and buffaloes from Delhi particularly the area of Outer and NorthWest Delhi for purposes of illegal sale and slaughtering and in case of an obstructions by any one to finish the said St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 369 person. It has been alleged that in pursuance to the above criminal conspiracy on the intervening night of 1819.1.2013 between 2:00 AM to 2:55 AM the accused illegally lifted/ committed theft of three cows, one calf and one buffalo from the Dividing Road of Sector 1617, Rohini by use of illegal force and dangerous weapons including firearms and when they were transporting the the above animals in Tata 407 Tempo for the purpose of slaughtering or with the knowledge that the same were likely to be slaughtered, when they were intercepted by the Delhi Police and chased and finally overpowered at Road No.44, near Jheel Wala Park, Opposite Bus Stop Lok Vihar, Delhi. While the cattle were recovered and accused Ankur, Anwar, Sanwar and Khalid were apprehended at the spot and Yakub who was injured in the incident was declared dead whereas the accused Tasleem, Hasrat and Asif who managed to escape from the spot were apprehended later. It has also been alleged that in pursuance to the above criminal conspiracy all the accused persons voluntarily obstructed ACP Sh. Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar in discharge of their public function and also assaulted/ used criminal force against the above public servants in the execution of their duties as such public servants or with intent to prevent or deter such police officials in discharging their duties. Further, as per the allegations all the accused persons in pursuance of their criminal conspiracy voluntarily caused hurt to Ct. Balkar Singh being a public servant in discharge of his duty as such St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 370 public servant or with intent to deter Ct. Balkar being a public servant from discharging his duty as such public servant. It has also been alleged that all the accused persons in pursuance to the above criminal conspiracy continuously fired upon the police officials i.e. ACP Sh.
Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar 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. (224) 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. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 371 (225) 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 complete and is consistent only with the hypothesis of the guilt of the accused and inconsistent with the hypothesis of his innocence. (226) 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].
(227) 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]. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 372 (228) Further, since Conspiracy is the prime charge against the accused persons, therefore, I proceed to first examine the evidence brought before this Court on the existence of prior agreement between the accused persons. I may observe that in so far as conspiracy is concerned, Section 120A IPC defines "criminal conspiracy" as under: "Definition of criminal conspiracy When two or more person agree to do, or cause to be done, (1) An illegal act, or (2) An act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof Explanation: It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object."
(229) It is clear from the above noted definition of "criminal conspiracy" that the three essential elements of offence of conspiracy are
(a) a criminal object, which may be either the ultimate aim of the agreement, or may constitute the means, or one of the means by which that aim is to be accomplished; (b) a plan or scheme embodying means to accomplish that object; (c) an agreement or understanding between two or more of the accused persons whereby, they become definitely committed to cooperate for the accomplishment of the object by the means embodied in the agreement, or by any effectual means. Thus, the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 373 gist of offence of criminal conspiracy is an agreement to break the law. (230) Sections 120A and 120B were brought on the statute book by way of Criminal Law Amendment Act, 1913. Earlier to the introduction of Sections 120A and 120B, conspiracy per se was not an offence under the Indian Penal Code except in respect of the offence mentioned in Section 121A. In the Objects and Reasons to the Amendment Bill, it was explicitly stated that the new provisions (120A & B) were "designed to assimilate the provisions of the Indian Penal Code to those of the English Law...." Thus, Sections 120A & 120B made conspiracy a substantive offence and rendered the mere agreement to commit an offence punishable.
(231) Proof of a criminal conspiracy by direct evidence is not easy to get and probably for this reason Section 10 of the Indian Evidence Act was enacted. It reads as under: "10. Things said or done by conspirator in reference to common design:Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it."
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 374 (232) Thus, the substantive section of the IPC i.e. Section 120A adumbrated thereon Section 10 of the Indian Evidence Act give us the legislative provisions applicable to conspiracy and its proof. (233) After a careful evaluation of the case law on the point, the following legal principles pertaining to the law of conspiracy can be conveniently culled out: (A) When two or more persons agree to commit a crime of conspiracy, then regardless of making or considering any plans for its commission, and despite the fact that no step is taken by any such person to carry out their common purpose, a crime is committed by each and every one who joins in the agreement. There has thus to be two conspirators and there may be more than that. To prove the charge of conspiracy it is not necessary that intended crime was committed or not. If committed it may further help prosecution to prove the charge of conspiracy. (State v Nalini (1999) 5 SCC 253) (B) The very agreement, concert or league is the ingredient of the offence. It is not necessary that all the conspirators must know each and every detail of the conspiracy as long as they are coparticipators in the main object of the conspiracy. It is not necessary that all conspirators should agree to the common purpose at the same time. They may join with other conspirators at any time before the consummation of the intended objective, and all are equally responsible. What part each conspirator is to play may not be known to everyone or the fact as to when a conspirator joined the conspiracy and when he left. There may be so many devices and techniques adopted to achieve the common St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 375 goal of the conspiracy and there may be division of performances in the chain of actions with one object to achieve the real end of which every collaborator must be aware and in which each one of them must be interested. There must be unity of object or purpose but there may be plurality of means sometimes even unknown to one another, amongst the conspirators. In achieving the goal several offences may be committed by some of the conspirators even unknown to the others. The only relevant factor is that all means adopted and illegal acts done must be and purported to be in furtherance of the object of the conspiracy even though there may be sometimes misfire or overshooting by some of the conspirators. Even if some steps are resorted to by one or two of the conspirators without the knowledge of the others it will not affect the culpability of those others when they are associated with the object of the conspiracy. But then there has to be present mutual interest. Persons may be members of single conspiracy even though each is ignorant of the identity of many others who may have diverse role to play. It is not a part of the crime of conspiracy that all the conspirators need to agree to play the same or an active role. (Yash Pal Mittal v State of Punjab AIR 1977 SC 2433 and State v Nalini (1999) 5 SCC 253) (C) It is the unlawful agreement and not its accomplishment, which is the gist or essence of the crime of conspiracy. Offence of criminal conspiracy is complete even though there is no agreement as to the means by which the purpose is to be accomplished. It is the unlawful agreement, which is the graham of the crime of conspiracy.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 376 (D) The unlawful agreement which amounts to a conspiracy need not be formal or express, but may be inherent in and inferred from the circumstances, especially declarations, acts, and conduct of the conspirators. The agreement need not be entered into by all the parties to it at the same time, but may be reached by successive actions evidencing their joining of the conspiracy. Since a conspiracy is generally hatched in secrecy, it would quite often happen that there is no evidence of any express agreement between the conspirators to do cause to be done the illegal act. For an offence under Section 120B, the prosecution need not necessarily prove that the perpetrators expressly agreed to do or cause to be done the illegal act; the agreement may be proved by necessary implication. The offence can be only proved largely from the inference drawn from acts or illegal omission committed by the conspirators in pursuance of a common design. The prosecution will also more often rely upon circumstantial evidence. It is not necessary to prove actual meeting of conspirators. Nor it is necessary to prove the actual words of communication. The evidence as to transmission of thoughts sharing the unlawful design is sufficient. Surrounding circumstances and antecedent and subsequent conduct of accused persons constitute relevant material to prove charge of conspiracy. (Shivnarayan Laxminarayan Joshi v State of Maharashtra AIR 1980 SC 439, Mohammad Usman Mohammad Hussain Maniyar v State of Maharashtra AIR 1981 SC 1062 and Kehar Singh v State AIR 1988 SC 1883) (E) A conspiracy is a continuing offence and continues to subsist and committed wherever one of the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 377 conspirators does an act or series of acts. So long as its performance continues, it is a continuing offence till it is executed or rescinded or frustrated by choice or necessity. A crime is complete as soon as the agreement is made, but it is not a thing of the moment. It does not end with the making of the agreement. It will continue so long as there are two or more parties to it intending to carry into effect the design. Its continuance is a threat to the society against which it was aimed at and would be dealt with as soon as that jurisdiction can properly claim the power to do so. The conspiracy designed or agreed abroad will have the same effect as in India, when part of the acts, pursuant to the agreement are agreed to be finalized or done, attempted or even frustrated and vice versa.
(F) Section 10 of the Evidence Act introduces the doctrine of agency and if the conditions laid down therein are satisfied, the acts done by one are admissible against the coconspirators. In short, the section can be analysed as follows: (1) There shall be a prima facie evidence affording a reasonable ground for a Court to believe that two or more persons are members of a conspiracy; (2) if the said condition is fulfilled, anything said, done or written by any one of them in reference to their common intention will be evidence against the other; (3) anything said, done or written by him should have been said, done or written by him after the intention was formed by any one of them; (4) it would also be relevant for the said purpose against another who entered the conspiracy whether it was said, done or written before he entered the conspiracy or after he left it; and (5) it can only be used against a coconspirator and not in his favour. (See the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 378 decision of Supreme Court reported as Sardar Sardul Singh v State of Maharashtra AIR 1957 SC 747).
(234) Further, in the case of V.R. Nedunchezhian Vs. State reported in 1999 (2) ALD Crl. 559: 2000 CriLJ 976 the Hon'ble Madras High Court has observed as under:
"...... It is true that the conspiracy may be a chain, where each party performs even without the knowledge of the other, a role that aids or abets succeeding parties in accomplished the criminal objectives of the conspiracy. For example, in a case of smuggling, what is done in the process of procuring and distributing narcotics or smuggled goods for sale in different parts of the globe? In such a case, these smugglers know that the middlemen must sell to retailers; and the retailers know that the middlemen must bye from importers. Thus the conspirators at one end at the chain know that the unlawful business would not, and could not, stop with their buyers, and those at the other end know that it had not begun with their settlers. The action of each has to be considered as a spoke in the hubthere being a rim to bind all the spokes together in a single conspiracy...."
(235) As discussed in the foregoing paras, more often than not, the prosecution would adduce circumstantial evidence to prove the charge of conspiracy. The question which arises is that what should be the nature of circumstantial evidence in a case of conspiracy to bring home the guilt of the accused persons.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 379 (236) Applying the settled principles of law to the facts of the present case, I may observe that Firstly the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif are known to each other, the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat being residents of the same village i.e. Village Nahal, PS Masoori, Distt. Ghaziabad, U.P whereas the accused Asif is a resident of the adjoining village i.e. Village Ajrala, PS Mundali, Distt. Meerut, U.P. (237) Secondly all the accused are individually as well as jointly involved in large number of criminal cases of similar nature. The details of the cases in which the accused are jointly involved are put in a tabulated form as under:
Sr. Name of accused FIR No Sections Police
No involved Station
1 Anwar, Sanwar, Khalid, 24/2013 307/186/353/332/412/120 Shahbad
Ankur, Tasleem, Hasrat B/34IPC &25/27/54Arms Dairy
and Asif Act.
2 Anwar, Sanwar, Khalid, 32/2013 307/186/353/332/412/120 Saraswati
Ankur, Tasleem, Hasrat B/34 IPC & 25/27/54 Vihar
and Asif Arms Act.
3 Anwar, Sanwar, Khalid, 31/2013 307/398 IPC & 27 Arms K.N. Katju
Ankur, Tasleem, Hasrat Act. Marg
and Asif
4 Khalid and Hasrat 9/2013 392/34 IPC Burari
5 Hasrat and Asif 6/2013 379/34 IPC Darya Ganj
6 Anwar, Sanwar, Khalid, 1/2013 393/398/34 IPC Bhalswa
Ankur, Tasleem, Hasrat Dairy
and Asif.
7 Tasleem and Asif 268/13 379 IPC Nangloi
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 380
(238) The accused Hasrat is individually involved in the
following cases:
Sr. FIR No Sections Police Station
No
1 600/2008 NDPS Act Massorie, UP
2 601/2008 NDPS Act Massorie, UP
(239) The accused Asif is individually involved in the following
cases:
Sr. FIR No Sections Police Station
No
1 54/2013 379/411 IPC Kalkaji
2 94/2010 186/353/307/295 AIPC & 25/27 A Act & Kanjhawla
3/4 , 5/8 PDPP Act 1984 DACP Act
3 151/2010 379/429/295 A/153 A IPC & 11 Vijay Vihar
Prevention of cruelty Against Animals Act
& 04/08/13 Delhi Agricultural cattle
preservation Act.
4 149/2012 429/295 A IPC & 11 Prevention of Cruelty Vijay Vihar
Against Animals Act.
5 127/2010 295 A IPC & 11 Prevention of Cruelty Vijay Vihar
against Animals Act
6 106/2009 25 Arms Act Mundali
7 319/2009 429/153 A IPC Nangloi
8 213/2009 429/153 A IPC Nangloi
9 310/2009 429/153 A IPC Nangloi
10 276/2009 429/153 A IPC Mundali, UP
11 120/2005 110(G) Crpc Mundali, UP
12 163/2004 110(G) Crpc Mundali, UP
13 120/2004 379/411 IPC Mundali, UP
(240) The details of the previous involvements of accused as
aforesaid reflect their close association in this Specialized Crime of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 381 lifting and slaughtering of cattle and conclusively establish preplanning and prior meeting of mind.
(241) Thirdly 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 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 the offending vehicle which stones they were pelting on the police parties who were chasing them. It stands established that a long barrel country made pistol was found lying on the road towards the driver side seat; another country made pistol with one round in its chamber and two rounds in the magazine was found lying in the dash board of the offending vehicle i.e. Tata 407 and a desi katta and a leather belt containing eleven live cartridges were found lying on the rear side of the offending vehicle. 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).
(242) Fourthly Sh. Jasmeet Singh (PW34) has specifically deposed that on person had jumped out of the Driver's Cabin from the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 382 driver's seat on which he warned him to stop but the said boy did not stop on which he fired one round aiming towards his leg and injuring him but the said boy jumped the wall of Jheel Wala Park and escaped. He has identified the said boy as accused Tasleem who managed to escape and return to his native village and obtain treatment for the gun shot injury received by him from Jagdamba Hospital at Hapur Road, Meerut from where he was apprehended on the very next day. This speed with which the accused Tasleem and his other associates namely Hasrat and Asif managed to escape from the spot and the promptness with which Tasleem was able to reach back his village and receive treatment for the gun shot injury without being detected or inviting suspicion of anyone, confirms that the accused were prepared for all eventualities and duly equipped with a backup support and assistance which they were provided not only for escaping from the spot but also for obtaining the necessary treatment from the hospital without the local police getting suspicious about the same. This modus operandi confirms the meticulous way in which the operation was planned and executed.
(243) Fifthly the testimonies of the various police witnesses that the accused were throwing stones and were pelting stones on the police vehicles, stands corroborated from the testimony of only Dushyant Kumar (PW38) an independent public witness who was a passerbye and was returning home when he witnessed the chase and shootout and also made a call on 100 number. He has confirmed that he had noticed the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 383 offending Tata 407 being chased by the police vehicles and stone throwing and firing going on from the said Tata 407 directed upon the police party. This confirms and establishes the prosecution version of stone throwing and firing. The fact that stones were stacked on the back side of the vehicle confirm the planning. This stone pelting on chasing police parties in order to deter them and facilitate escape in a usual modusoperandi adopted by the gangs of these cattle lifters (even in FIR No. 94/2010, Police Station Kanjhawla being tried by this court where Asif is also an accused and was caught red handed at the spot, the modus operandi adopted was identical). 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. (244) Sixthly the fact that the boys in the offending vehicle were firing and throwing stones finds independent corroboration from the Forensic Report proved by Sh. Puneet Puri showing the presence of gun shot residues on the handwash of the accused apprehended at the spot and that of deceased Yakub (killed in the firing) and conclusively establishes the prior meeting of mind.
(245) Seventhly Sumer Singh (PW54) who is running a dairy has proved that in the intervening night of 18/19.01.2013 at about 2:00 AM (midnight) he heard some noise coming from the park and when he went to the park he saw that fivesix persons were opening the ropes of the cows which were tied to the khunti and there was a tempo of TATA 407 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 384 of a cream color parked there and cattle were inside the said tempo and there were threefour persons also standing near the tempo. He has further proved that when he raised an alarm/hala of chorchor, a large number of neighbors came out collected with lath and dandas and on seeing this the said boys/ accused who were in the age group of 2530 years fired threefour rounds and thereafter escaped in the tempo after which he made a call at 100 number call. Here, again I may note that the accused Asif is also involved in another case bearing FIR No. 94/2010, PS Kanjhawla, under Sections 186/ 353/307/295A IPC & 25/27 of Arms Act, 3/4, 5/8 PDPP Act and DACP Act which case is pending final disposal before this Court. In the said case accused Asif was apprehended at the spot along with fresh slaughtered cows and meat/ beef was recovered from the vehicle and also from a Godown at his instance. This establishes that the motive and object of conspiracy hatched by the accused persons was to lift cattle for purposes of Slaughtering. (246) Eighthly it stands establishes that the offending tempo was forced to stop since its tyres had burst and the accused Ankur Kumar, Anwar, Sanwar and Khalid were apprehended at the spot itself by the various police teams at the spot i.e. near Jheel Wala Park, Lok Vihar whereas Yakub (deceased) was lying injured on the backside of the offending tempo. The offending tempo was containing three cows, one calf and one buffalo out of which one cow who was pregnant at that time expired later while under treatment. The animals had injuries and had St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 385 been immobilized by brutally tying their feet and necks as seen in the photographs and this fact that the accused had brought ropes with them which they had used for immobilizing the cattle, confirm their Motive and Conspiracy which was to lift cattle for purpose of slaughtering for which they had made all preparations.
(247) Ninethly 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 stolen cattle which they had lifted from various places. (248) Tenthly the Mechanical Inspection Report of the offending tempo which is Ex.PW38/A shows that Extra Steel 'U' type garter was fitted inside of front bumper of the offending Tata 407 bearing No. HR38AS2616. This establishes that the design of the offending tempo has been specifically improvised to withstand the blunt force impact while hitting the barricades or overcoming any obstructions which may be caused to them.
(249) Lastly the motive of the accused is also confirm 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 on vital parts of their bodies in which process Ct. Balkar (PW60) the Driver of ACP Sh. Rajeev Ranjan received injuries on his shoulder.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 386 (250) Hence, In view of my aforesaid discussion I may observe that the manner in which the accused acted in consortium and lifted the cattle 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 Conspiracy of the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif to commit the theft of cattle for purposes of slaughtering and in case of any resistance or 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 and Firearms upon the police party conclusively establishes the intention which was to finish off anybody who tried to stop them. Ocular Evidence:
(251) 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 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 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 387 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.
(252) The present case mainly revolves around the testimonies of Addl. DCP Sh. Jasmeet Singh (PW34), Addl. DCP Sh. Rajeev Ranjan (PW35), Inspector Mukesh Antil (PW37) and other members of Police Staff i.e. HC Jai Bhagwan (PW12), SI Lalit (PW36), Ct. Gaurav (PW45), Jagtender Singh (PW50), ASI Jaipal Singh (PW51), HC Jitender (PW52), SI Kanwaljeet (PW55), HC Rakesh (PW56), Ct. Umesh (PW62), HC Parveen Kumar (PW63), Ct. Satish Kumar (PW66) and Ct. Ankit (PW67) have also corroborated and confirmed the versions so given by these witnesses. Since the prosecution is placing its heavy reliance on the testimonies of Addl. DCP Sh. Jasmeet Singh (PW34), Addl. DCP Sh.
Rajeev Ranjan (PW35) and Inspector Mukesh Antil (PW37) hence it is necessary for this Court to first determine whether what they have deposed is reliable and truthful. It is settled law that in a case where the testimony of a witness is found to be reliable, the conviction can be based even on the sole testimony of such a truthful and trustworthy witness. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 388 The Hon'ble Apex Court has time and again determined the parameters on the basis of which the credibility/ truthfulness of a witness can be ascertained. In the case of Bankey Lal vs. State of UP reported in AIR 1971 SC 2233 it was observed by the Hon'ble Apex Court that in a case where prosecution witnesses are proved to have deposed truly in all respects then their evidence is required to be scrutinized with care. Further, in the case of Kacheru Singh Vs. State of UP reported in AIR 1956 SC 546 it was observed by the Hon'ble Apex Court whether the witness should be or should not be believed is required to be determined by the Trial Court (Courts of Act). It is therefore evident that Eye witnesses' account would require a careful independent assessment and evaluation for their credibility which should not be adversely prejudged making any other evidence, including medical evidence, as the sole touchstone for the test of such credibility. The evidence must be tested for its inherent consistency and the inherent probability of the story; consistency with the account of other witnesses held to be creditworthy; consistency with the undisputed facts the 'credit' of the witnesses; their performance in the witnessbox; their power of observation etc. Then the probative value of such evidence becomes eligible to be put into the scales for a cumulative evaluation. (Ref.: Krishnan Vs. State reported in AIR 2003 SC 2978).
(253) It is a matter of common knowledge that ordinarily witnesses are either not inclined to depose or their evidence is not found St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 389 to be credible by Courts for manifold reasons and one of the reasons is that they do not have courage to depose against habitual criminal apprehending threats to their life. A rustic or an illiterate witness may not be able to withstand the test of cross examination which may be sometime because he is a bucolic person and is not able to understand the question put to him by the skillful crossexaminer and at times under the stress of crossexamination, certain answers are snatched from him. When such a person is faced with an astute lawyer, there is bound to be imbalance and, hence minor discrepancies have to be ignored. Instances are not uncommon where a witness is not inclined to depose because in the prevailing social structure he wants to remain indifferent. (Ref. Krishna Mochi Vs. State of Bihar reported in AIR 2002 SC 1965). (254) Applying the settled principles of law to the fact of the present case, coming first to the testimony of Addl. DCP Sh. Jasmeet Singh (PW34) who was posted as ACP Sultan Puri at the relevant point of time. The relevant portion of his testimony is as under:
"........ On the intervening night of 15/16.01.2013 in the area of PS Shahbad Dairy a dangerous cattle lifting robber / dacoit gang had committed an offence on which a case was registered. In this context intensive patrolling was being done on the orders of senior officers throughout the area of outer district. On the intervening night of 18/19.01.2013 I was District Night GO. I started patrolling at about 12.00 midnight, alongwith my staff i.e. driver HC Chela Ram, Operator Ct. Rakesh having glock pistol with St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 390 ten rounds sitting besides the driver, Ct. Desh Raj with AK47 with twenty rounds and Civil Defence voluteer Jagtender Singh sitting at the rear seat in my official Qualis Vehicle and I was sitting in the middle seat. Other teams headed by ACPs and SHOs were also on patrolling. After some time when we left for patrolling, my driver Chela Ram complained that he is having pain in his hand and on my instructions Civil Defence Volunteer Jagtender Singh started driving my vehicle.
At about 2.00AM while we were near Manav Chowk, wireless transmission was made that on the dividing road of sector 1617 cattle lifting gang had lifted some cattle and also fired. On hearing this transmission and further transmission made by ACP Alipur Sh. Rajeev Ranjan, we became alert and headed towards K N Katju Marg. On reaching near Sachdeva School T Point, I noticed an off white colour TATA 407 tempo was rashly driven and was being chased by official Gypsy of ACP Alipur. We also started chasing the said tempo. The occupants of the tempo were continuously firing and throwing stones at our official vehicles. I took Glock pistol from my operator Rakesh who was sitting beside driver in front seat. I aimed at the rear tyre of the said tempo and fired. Thereafter the said tempo took a right turn towards the Ring Road, Madhuban Chowk, Underpass. Since Ct. Desh Raj having AK 47 was unable to take any action, I directed Ct. Rakesh to take AK 47 from Ct. Desh Raj and to aim at the tyres of offending tempo. On my directions Ct. Rakesh fired at rear tyres of off white TATA 407 tempo. The offending tempo then took a left turn from Deepali Chowk. Another police TATA 407 also St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 391 joined the chase. During this, the occupants of offending tempo were continuously firing and throwing stones at police vehicles. I noticed that gypsy of ACP Alipur slowed down and stopped. The offending tempo then took a left turn from Haryana Maitree Bhawan. The offending tempo then hit the police barricades on the way and I then fired towards the tyre of tempo after taking aim. The offending tempo then took a left turn from the side of Bikaner Sweets. The tempo then headed towards Jheel wala Park. The rear left tyre of the offending tempo had burst. The tyre came out and the offending tempo then violently shook and after being driven for some distance, it came to a halt after hitting the pavement (footpath).
About 7/8 cattle lifters jumped out of the off white offending tempo and ran in different directions. Since my Qualis was on right side, I saw one person who jumped out of driver cabin from driver side seat. I came out of my vehicle and warned him to stop. The description of that person was of approximate 5' 4", light beard, about 25 years of age. The said person did not stop even after being warned and I fired one round aiming towards his feet. However that person jumped the wall of Jheel Wala Park and escaped whose name I came to know later on as Tasleem (present in the court today and correctly identified by the witness both by pointing out and by name).
A long barrel countrymade Katta had fallen on the road towards the driver side seat. Another country made pistol with one round in the chamber and two rounds in the Magazine was found lying in St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 392 the dash board of the offending vehicle i.e. Tata 407. On the rear side of the offending vehicle a leather belt containing eleven live cartridges and one desi katta was also found. There were three cows, one calf and one buffalo on the rear side of the offending vehicle. Some stones were also lying on the rear side of the offending vehicle i.e. Tata 407. One person who was lying unconscious in the rear of offending vehicle was immediately rushed to hospital through PCR. One person namely Sanwar (present in the Court today and correctly identified by the witness both by pointing out and by name) who was overpowered by the police team of SI Mukesh Antil also having one loaded katta. Four persons namely Sanwar, Anwar, Ankur and Khalid were caught at the spot by police party whose names I came to know later on (present in the court and Correctly identified by the witness both by pointing out and by name). I also came to know that driver of ACP Alipur Sh. Rajeev Ranjan had received gun shot injuy on his shoulder due to firing by the accused persons who were in offending TATA 407 tempo in which they were carrying the cattle and during the chase.
Thereafter IO called the Mobile Crime Team the spot and weapons recovered from the accused persons were handed over to the IO who conducted the proceedings as per law. I thereafter left the spot for my office at around 7:30 AM. In this regard DD No. 7A dated 19.1.2013 was made by me in PS Sultan Puri. Photocopy of the said DD is Ex.PW34/A (original seen and returned). My statement was recorded by the IO....."
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 393 (255) ACP Sh. Jasmeet Singh (PW34) has been exhaustively crossexamined by the Ld. Defence Counsels where he has explained that he was not involved in the investigations of earlier incident which took place at Shahbad Dairy but he was aware of the same being in the same district and was briefed about it. He has further explained that he is not required to make the departure entry while leaving for patrolling in his district and there is a DD entry regarding the taking of official weapon i.e. AK 47 with twenty rounds from the Malkhana of Police Station Sultan Puri. He has also explained that he had not handed over any medical document of HC Chela Ram to the Investigating Officer since HC Chela Ram is an aged person of 55 years of age who remains on duty from 7.00AM onwards and even on the date of incident he was on duty and night patrolling when he developed the pain and that is why he was asked to sit on the back side of the vehicle being unable to drive. He has admitted that he did not take HC Chela Ram to any doctor and has explained that there was no need and he was made comfortable after he was taken off from the driving.
(256) The testimony of ACP Sh. Jasmeet Singh (PW34) finds due corroboration from the testimony of Jagtender Singh (PW50) the Civil Defence Volunteer who confirms having driven the vehicle after HC Chela Ram was unable to drive and also having chased the assailants when ACP Jasmeet Singh fired at accused Tasleem (who was the Driver of the offending vehicle) on his legs while Tasleem was running away St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 394 from the spot. In fact he was able to see Tasleem closely (evidence on record confirms that there was sufficient light in the area) and he could closely observe him and hence it was on his identification that Tasleem was later arrested from the Hospital where he had gone for getting himself treated for the fire shot injuries. Ct. Desh Raj (PW58) who was with ACP Sh. Jasmeet Singh in the same Gypsy, has confirmed the version given by ACP Jasmeet Singh and Jagtender Singh in toto and has also proved the incident.
(257) Now coming to the testimony of Addl. DCP Rajeev Ranjan (PW35), the relevant portion of the same is as under:
"....... On 15.1.2013 I was posted as ACP Alipur Outer District. In the intervening night of 15/16 January, 2013 there was an incident in which a gang of cattle robbers committed a robbery in the area of PS Shahbad Dairy on a Tata 407 and also fired upon police officials and hit police vehicles with that Tata
407. Accordingly a case was registered in PS Shahbad Dairy.
In view of this incident intensive patrolling and vehicle checking was ordered in the Outer District. In the intervening night of 18/19 January 2013, I was on Convoy Patrolling along with other police officers of Outer District and Ct. Balkar as my driver and Ct. Ankit as my operator who was also carrying one 9mm pistol and 9 live cartridges of 9mm, in my government gypsy no. DL 1CJ 7412.
At around 2:00 AM at night a wireless message was received that near the Dividing Road of Sector 1617, Rohini, some criminals have robbed cattle in a St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 395 vehicle and have also fired. Accordingly intensive search and checking was started for the offending vehicle. At that time my position was near village Daulatpur. I along with my staff also started searching for the offending vehicle. At around 2:20 AM when I reached at K N Katju Marg, I spotted a Tata 407 vehicle driving at very high speed in the directions of Outer Ring Road. There were some cattle loaded on the back of the Tata 407 bearing no. HR 38AS 2616 and four to five persons were sitting on the backside of the said vehicle. My operator Ct. Ankit signaled the said vehicle to stop but the said vehicle speeded and overtook my gypsy. We also started chasing the said Tata 407 vehicle and transmitted the message on wireless. The persons on the back of the said Tata 407 started pelting stones on us and also fired upon us. In our selfdefence, I took the 9mm pistol from Ct. Ankit and fired towards the tyre of the offending Tata 407 vehicle. One of my rounds mis fired and I again fired a second round. Near the Sachdeva School, ACP Jasmeet Singh also joined us and chased the offending Tata 407 in his government vehicle make Qualis. The persons on the back of Tata 407 kept pelting stones and firing on pursuing police parties.
On Red Light of Outer Ring Road the said Tata 407 jumped red signal and dangerously turned towards right in the direction of Madhuban Chowk. I fired again from my 9mm pistol towards the offending vehicle, but the driver of the said vehicle did not stop the vehicle. When the said vehicle crossed the Madhuban underpass, one of the rounds fired by the criminals sitting on the Tata 407 vehicle, fired towards my vehicle, hit as a result of which the wind screen of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 396 my government gypsy was broken and the bullet hit my driver Ct. Balkar as a result of which the bullet hit on his right shoulder and he received injury. I again fired two rounds towards the said Tata 407 but one of the round misfired. Ct. Balkar kept driving the gypsy despite his injury.
At Deepali Chowk, another police vehicle make Tata 407 joined to the pursuit. The offending Tata 407 turned left towards Haryana Maitri Bhawan and kept firing on the pursuing police vehicles. After turning left from Deepali Chowk, I asked my driver Ct. Balkar to stop the vehicle and to sit in the back seat of the gypsy in view of his injury and I asked operator Ct. Ankit to drive the gypsy. Thereafter, I again started chasing in the directions of offending Tata 407 which had again turned left near Haryana Maitri Bhawan. I also spotted a broken barricade on the police picket near Haryana Maitri Bhawan. The persons on offending Tata 407 were firing heavily on the pursuing police vehicles.
The offending Tata 407 then turned left near Bikaner Sweets and then it turned towards Road No. 44 towards Lok Vihar. I again fired towards the offending Tata 407. The rear left tyre of the offending Tata 407 was completely burst due to firing by the police party and the rear right tyre was punctured and the vehicle itself was tilting towards left and severing dangerously. It hit the footpath near Jheel Wala Park and stopped and seven to eight persons jumped out from the offending vehicle and ran in different directions. The pursing police parties also chased the criminals. My operator Ct. Ankit caught one of the criminals who on inquiry disclosed his name as Ankur present in the court today (accused correctly St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 397 identified by the witness). Three other assailants namely Sanwar, Anwar and Khalid present in the court today (correctly identified by the witness) were also apprehended by police officials and one assailant was found lying unconscious on the back side of offending Tata 407 vehicle who was handed over to PCR. Three other assailants who were later identified as Asif, Taslim and Hasrat managed to escape.
There was one long barrel country made gun lying on the road near the right front tyre of the offending Tata 407. One country made pistol with one round in its chamber and two rounds in magazine were found lying in the dash board of the offending Tata
407. One country made pistol and a leather belt containing 11 live cartridges were found lying on the backside of the offending Tata 407 vehicle. One country made pistol was recovered from Sanwar by SI Mukesh Antil. There were three cows, one buffalo and one calf in the offending Tata 407 vehicle and one of the cows was in injured condition. There were some gravel stones also lying in the backside of the Tata 407 where the cattle were confined. In total I fired six rounds out of which two were misfired.
Thereafter, the apprehended assailants and the recovered articles and the weapons including offending Tata 407 and scene of crimes was handed over to the IO Inspector Om Dutt Vats who further carried out the investigations. Thereafter, I left the spot. During investigations, IO recorded my statement....."
(258) He has been crossexamined by the Ld. Defence Counsels wherein he has deposed that they reached at the spot at 2:30 AM and in St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 398 his presence the Investigating Officer had not joined any public witness while conducting the proceedings. He has further explained that on the the date of incident he had fired six rounds and the weapon with which he had fired was in fact issued to his operator. According to the witness, in his statement he had not given the physical description i.e. colour, complexion, age of the persons who escaped from the spot. The testimony of Sh. Rajeev Ranjan (PW35) finds due corroboration and confirmation from the testimony of his injured Driver Ct. Balkar (PW60) who had received injuries during the firing and also from the testimony of Ct. Ankit (PW67) who was accompanying him and had driven his vehicle after Ct. Balkar received injuries.
(259) Coming next to the testimony of Inspector Mukesh Antil (PW37), the relevant portion of his testimony is as under:
"....... On the intervening night of 18.01.2013 and 19.01.2013, I was posted at sub Inspector at PS Mangolpuri. On the intervening night of 15 16.01.2013 there was an incident in the intervening night of cattle theft and firing on the police party in respect of an FIR no. 20/13 under various sections was registered. In the background of this incident, the patrolling in the district was enhanced to prevent similar incident. On the intervening night of 18.01.2013 and 19.01.2013, I was on patrolling duty in the TATA 407 tempo bearing no. DL1L K9515 along with the staff comprising of HC Jai pal, Ct. Jitendra, Ct. Umesh and driver Ct. Vijay Pal. While we were checking near the police picket, Peeragarhi flyover at St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 399 around 2.00AM we received a wireless message on the intersection of Sector 16, 17 Rohini on the dividing road that some persons had committed cattle theft and also fired on the police party. We were directed to check the various vehicles. At that time we were at Peeragarhi flyover picket, with my staff and also SHO Mangolpuri and Inspector Satya Prakash and the remaining staff on receipt of this information, I moved towards Deepali Chowk. As soon as we reached near the Deepali Chowk we saw that one TATA 407 of white color was coming from the Madhuban Chowk side and there were two police vehicles chasing them. One of them was gypsy and other was Qualis. I noticed that there was firing going on from both the sides and some persons sitting in the Tata 407 off white color were throwing stones on the police vehicles. I also started chasing the said vehicle. During this firing, the left tyre of the Tata 407 which was being chased had been hit but still the said vehicle was moving. I also made a return fire. Suddenly one of the police gypsies slowed down and stopped on the left side but I continued to follow the said tempo which then reached the Haryana Maitri Bhawan which is on the same road and thereafter turned left from the T point and hit the barricading made by the personnel of PS Rani Bagh. One barricade fell down, but the vehicle crossed and kept in moving in a zig zag manner and when it reached near road no.44, it turned left from the corner of Bikaner sweets on road no. 44 where one of the tyre which was hit by the police firing burst and fell after a distance of about 700 to 800 meters. The tempo still kept on moving on the rim for about 40 meters, it tilted on one side and stopped. However before the tempo could stop the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 400 persons sitting inside jumped out and started running in different directions. Two persons sitting on the cabin came out from the left side and one person came out from the body of the tempo. I saw the fourth person taking a round from the driver side and running towards the jheel wala park. All four of them were trying to scale the wall while I and my party started chasing them. I and my team apprehended one person namely whose name I later came to know was Sanvar S/o Ibrahim, R/o Village Nahal, PS Massorie, District Ghaziabad. Other three persons managed to escape. I made inquiries from him and conducted his casual search which revealed a loaded country made katta with one live round. In the meantime, ACP Sultanpuri Jasmeet Singh and ACP Shri Rajiv Ranjan also reached the spot. They had also apprehended around three persons whose names I later on came to know was Ankur, Khalid and Anwar @ Anu, all three residents of village Nahal. One another person was also apprehended by the police teams whose name I came to know was Yakub S/o unknown R/o unknown. In the meanwhile, the PCR also reached the spot and injured was sent to Bhagwan Mahavir Hospital through the PCR officials. The tempo TATA 407 bearing registration no. HR 38 AS 2616 number plate on the same which was being driven by these persons and had stopped was checked and contained three cows one calf and one buffalo. Just in front of the tempo one long barrel gun was lying and the body of the temple was thoroughly checked, one country made katta and one pouch meant for carrying bullets was found lying which on checking was found to contain eleven live St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 401 rounds. From the dashboard one country made pistol was recovered which on checking contained two live rounds i.e one in barrel and two in magazine. Sanwar who had been apprehended by me and my team was also slightly injured and he was shifted to Bhagwan Mahavir Hospital through the vehicle of SHO Mangolpuri along with Ct. Gaurav. My statement was recorded by Inspector Om Dutt which is Ex.PW37/A bearing my signatures at point A. Inspector Om Dutt prepared the rukka and send the same to the police station through Ct. Amin. Inspector Om Dutt prepared the sketch of the katta and the cartridge recovered from its chamber vide already Ex.PW36/A and it bears my signatures at point B. The said katta and cartridge were wrapped in cloth and Inspector Om Dutt prepared the seizure memo already Ex.PW36/B bearing my signatures at point B. Insp. Om Dutt inspected the spot at my instance. IO lifted country made gun having long barrel and prepared its sketch vide Ex.PW36/D bearing my signatures at point B. IO converted the same into pullanda and sealed with the seal of OM and also took the same into possession vide seizure memo Ex.PW36/E bearing my signatures at point B. One desi katta was also lifted from the body of the tempo. IO prepared the sketch of the said katta vide memo Ex.PW36/F bearing my signatures at point B. IO prepared the pullanda of the same and and sealed with the seal of OM and also took the same into possession vide seizure memo EX PW 36/G bearing my signatures at point B. The sketch of 11 cartridges was also prepared vide EX PW 36/H bearing my signatures at point B. One leather belt along with 11 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 402 cartridges were wrapped in cloth and prepared the pullanda and was also taken into possession vide memo EX PW 36/I bearing my signatures at point B. The country made pistol recovered from the dash board of the tempo of the accused persons containing one live cartridge in its chamber and two live cartridges along with the magazine were also measured and IO prepared their sketch vide EX PW 36/J bearing my signatures at point B. The same was also wrapped in cloth and converted into pullanda and sealed with the seal of OM and seized vide seizure memo EX PW 36/K bearing my signatures at point B. IO filled in form FSL. Three cows, one calf and buffalo recovered from the tempo of the accused persons were also taken into possession vide seizure memo EX PW 36/L bearing my signatures at point B. The blood stains were taken from the buffalo and kept in the container and sealed with the seal of OM and seized vide seizure memo EX PW 36/M bearing my signatures at point B. The blood stained hairs were taken from the buffalo and kept in a container and sealed with the seal of OM and taken into possession vide seizure memo EX PW 36/N bearing my signatures at point B. The control hair of the buffalo were also kept in a container and sealed with the seal of OM and taken into possession vide seizure memo EX PW 36/O bearing my signatures at point B. The afore said animals were sent to animal care center. Ct. Amin Khan came back to the spot along with the copy of FIR and original rukka and same were handed over to the IO. The FSL team also came to the spot. Sh. K.C. Varshney of FSL was taken to Bhagwan Mahavir Hospital along with other staff. IO collected St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 403 six MLCs bearing No. 231/13 to 236/13. The MLC No. 231/13 was pertaining to Yakub who was declared by the doctor as brought dead. The MLC No. 236/13 was pertaining to Ct. Balkar Singh who sustained injuries in this incident. IO collected the sealed parcel containing the clothes of Ct. Balkar Singh duly sealed with the seal of the hospital along with sample seal. The same was taken into possession vide seizure memo EX PW 36/P bearing my signatures at point B. The injured/accused Khalid and Sanwar were referred to Safdarjung Hospital. The accused Anwar and Ankur were already admitted in the Bhagwan Mahavir Hospital. On the instructions of Dr. K.C. Varshney IO obtained the hand wash of deceased Yakub, injured Ankur and Anwar and were taken into possession. The seizure memo in respect of accused Anwar is EX PW 36/Q bearing my signatures at point B. The seizure memo in respect of accused Ankur is EX PW 36/R bearing my signatures at point B and the seizure memo in respect of deceased Yakub is EX PW 36/S bearing my signatures at point B. Sh. K.C. Varshney was relieved from the hospital. The body of the deceased Yakub was sent to BSA hospital through Ct. Sher Singh for getting the body preserved. HC Azad, Ct. Baldev, HC Niranjan, Ct. Dharmender were called in the hospital from the police station. HC Azad and Ct. Baldev were left in the hospital for guarding Ankur and Anwar. I along with IO Insp. Om Dutt, SI Lalit , HC Niranjan and Ct. Dharmender went to Safdarjung hospital where the hand wash and control of accused Khalid and Anwar were taken vide EX PW 36/T and EX PW 36/U respectively both bearing my signatures at point B. Thereafter Ct.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 404
Dharmender and HC Niranjan were left in the Safdarjung hospital. I along with IO and SI Lalit came back to the spot and inspected the spot. On inspection we found three empty cartridges, out of which one was lying near garbage on the road and two were lying on the road. IO prepared the sketch of the same separately vide EX PW 36/V1, EX PW 36/V2 and EX PW 36/V3 respectively all bearing my signatures at point B. The aforesaid three parcels were converted into pullanda and sealed with the seal of OM and were also taken into possession vide seizure memos EX PW 36/W1, EX PW 36/W2 and EX PW36/W3 respectively all bearing my signatures at point B. Four empty cartridges, two live cartridges were also taken from the government gypsy. IO prepared the sketch of the said cartridges vide Ex.PW36/X bearing my signatures at point B. The said parcel was taken into possession vide seizure memo Ex.PW36/X1 bearing my signature at point B. The badge recovered from the police gypsy was also lifted. The same was sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Y bearing my signatures at point B. IO prepared the sketch of the lead vide Ex.PW36/Z1 bearing my signatures at point B. The same was also kept in a small container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z2 bearing my signatures at point B. The stones lying on the body of the vehicle which were blood stained and having dung (gobar) were also kept in the same bag which was already containing the stones. The said bag was again kept in another bag and sealed with the same seal. The said bag was taken into possession St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 405 vide seizure memo Ex.PW36/Z3 bearing my signatures at point B. The blood was lifted from the left side where the offending vehicle was stationed. The same was lifted with the help of cotton and kept in a container and sealed with the same seal. The said parcel was taken into possession vide seizure memo Ex.PW36/Z4 bearing my signatures at point B. The earth control was also lifted from the left side of the offending vehicle. The same was also kept in a container and sealed with the same seal. The said parcel was taken into possession vide seizure memo Ex.PW36/Z5 bearing my signatures at point B. The form FSL was filled in. All the four vehicles were taken into possession along with keys vide memos Ex.PW36/Z6 to Ex.PW36/Z9 all bearing my signatures at point B. The pieces of tyre were also sealed with the same seal and taken into possession vide return memo Ex.PW36/Z10. The burnt tyre pieces were collected and kept in a bag and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z11 bearing my signatures at point B. Another bag was found near the vehicles containing five shawls, 21 pieces of rope, sweater, jacket, bucket, one darati (instrument for cutting crops), one pair of shoes. The aforesaid articles were taken into possession vide seizure memo Ex.PW36/Z12 bearing my signatures at point B. Jheelvala park was inspected and one blood stained stone was found inside the park near the wall. The said stone was wrapped in cloth and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z13 bearing my signatures at point B. Form FSL was filled. Two empty live cartridges St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 406 were also recovered from the cabin of the offending vehicle. The sketch of these cartridges was prepared vide Ex.PW36/Z14 bearing my signatures at point B. The said cartridges were kept in a container and sealed with the same seal and taken into possession vide seizure memo Ex.PW36/Z15 bearing my signatures at point B. The seal after use was handed over to SI Lalit. IO recorded the statements of ACP Rajiv Ranjan from ACP Jasmeet Singh and Shri Jagtinder Singh volunteer civil defence u/s 161 Cr. P.C and they were relieved from there. Thereafter, we went to Bhagwan Mahaveer Hospital where HC Niranjan and Ct.
Dharmender brought accused Khalid and Sanavar. They were interrogated. The accused Ankur was arrested vide memo Ex.PW36/Z16, the accused Sanwar was arrested vide memo Ex.PW36/Z17. The accused Khalid was arrested vide memo Ex.PW36/Z18. The accused Anwar was arrested vide memo Ex.PW36/Z19. All these memos bears my signatures at point B. The accused Ankur was personally searched vide memo Ex.PW36/Z20. The accused Sanwar was personally searched vide memo Ex.PW36/Z21. The accused Khalid was personally searched vide memo Ex.PW36/Z22. The accused Anwar was personally searched vide memo Ex.PW36/Z23. Disclosure statement of accused Anwar was recorded at the hospital vide Ex.PW36/Z24. The accused Anwar was kept under supervision of HC Niranjan and Ct. Dharmender for further treatment. Thereafter we along with all the accused persons except Anwar reached at Police Picket near Haryana Maitri Bhawan. One barrycade St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 407 which was struck by the accused persons was taken into possession vide seizure memo Ex.PW36/Z25. We all came back to the police station. The case property was deposited in the Malkhana. The disclosure statement of other accused persons were also recorded. The disclosure statement of Ankur is Ex.PW36/Z26. The disclosure statement of Sanwar is Ex.PW36/Z27. The disclosure statement of Khalid is Ex.PW36/Z28. The disclosure statement of Anwar is Ex.PW36/Z29 all bearing my signature at point B. My statement U/s 161 Cr. P. C. was recorded by the IO.
On 31.1.2013 I again joined the investigations of this case with the IO. On that day I had come in the office of Crime Branch, Sector 14, Rohini and brought the details of Malkhana Register. At that time Inspector Sushil Kumar was interrogating one person who was identified by me also as Hasrat s/o Yusuf as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38 AS 2616 who managed to escape from the spot after jumping the wall of the park. I had identified him correctly. My statement was again recorded by the IO u/s 161 Cr.PC. I can identify the accused persons if shown to me.
On 22.2.2013 I came in the office of Crime Branch Sector 14 Rohini. At that time IO was interrogating another accused namely Asif S/o Yunus as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38 AS 2616 who managed to escape from the spot after jumping the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 408 wall of the park. I had identified him correctly. My statement was again recorded by the IO u/s 161 Cr.PC. I can identify the accused persons if shown to me.
I have brought the original log book showing the details of the government vehicle DL1 LK 9515 copy of which is Ex.PX1.
I have also brought the original roznamcha showing my departure and arrival on the relevant date and time copy of which is Ex.PX2.
At this stage the witness has seen towards the accused persons namely Anwar, Sanwar, Ankur, Asif, Hasrat and Khalid and identified them correctly.
At this stage, MHC (M) has produced one opened parcel which was opened during the testimony of earlier witness and the same is found to contain one big stone having a chit of FSL and the same is shown to the witness who correctly identified the same as recovered from inside the park near the wall. Same is Ex.P1.
At this stage, MHC (M) has produced one opened parcel which was opened during the testimony of earlier witness and the same is found to contain about 2025 kg stone pieces and the same are shown to the witness is taken out and shown to the witness who correctly identified the same as recovered from the body of the offending vehicle. Same are Ex.P2 collectively.
At this stage, MHC (M) has produced one opened parcel which was opened during the testimony of earlier witness and the same is found to contain one burnt tyre and the same is shown to the witness who correctly identified the same as taken from the spot. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 409 Same is Ex.P3.
At this stage, MHC (M) has produced one bag containing 21 pieces of rope, one bucket, clothes, one pair of shoes, daranti are taken out and shown to the witness who correctly identified the same as taken from the spot. Same is Ex.P4 (colly).
At this stage, MHC (M) has produced one transparent plastic container containing the burnt tyre pieces and the same is shown to the witness who correctly identified the same as taken from the spot. The same are collectively Ex.P5.
At this stage, MHC (M) has produced one plastic container and the same is found to contain four fired cartridges and two live cartridges, the same are shown to the witness who correctly identified the same as taken from the spot. The same are collectively Ex.P6.
At this stage, MHC (M) has produced one transparent plastic container containing ("the" alphabet D in hindi showing piece of badge of Delhi Police), the same is opened and shown to the witness who correctly identified the same as taken from the Gypsy on the spot. Same is Ex.P7 .
At this stage, MHC (M) has produced one parcel no.1 opened in the testimony of earlier witness which found to contain a desi katta along with fired live cartridge and lead and the same are shown to the witness who correctly identified the same. Same is Ex.P8 collectively.
At this stage, MHC (M) has produced one parcel no.2 opened during the testimony of earlier witness which found to contain one country made gun having long barrel is taken out and shown to the witness who correctly identified the same as taken St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 410 from the spot. Same is Ex.P9.
At this stage, MHC (M) has produced one parcel no.3 opened during the testimony of earlier witness which found to contain a desi katta and shown to the witness who correctly identified the same as recovered from the body of the tempo. Same is Ex.P10.
At this stage, MHC (M) has produced one parcel no.4 opened during the testimony of earlier witness which found to contain one transparent plastic container containing leather belt used for keeping the cartridges and eleven cartridges are taken out and shown to the witness who correctly identified the same as recovered from the body of the tempo. Same is Ex.P11 collectively.
At this stage, MHC (M) has produced one parcel no.5 opened during the testimony of earlier witness which found to contain one pistol with three cartridges (one is alive and two are used) is taken out and shown to the witness who correctly identified the same. Same is Ex.P12 collectively.
At this stage, MHC (M) has produced one parcel no.7 opened during the testimony of earlier witness which found to contain one plastic container containing hand wash of right hand of accused Yakub, same is shown to the witness who correctly identified the same. Same is Ex.P13.
At this stage, MHC (M) has produced one parcel no.8 opened during the testimony of earlier witness which found to contain one plastic container containing left hand wash of accused Yakub, same is shown to the witness who correctly identified the same. Same is Ex.P14.
At this stage, MHC (M) has produced one parcel no.9 opened during the testimony of earlier St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 411 witness which found to contain one plastic container containing control of accused Yakub, same is shown to the witness who correctly identified the same. Same is Ex.P15.
At this stage, MHC (M) has produced one parcel no.10 opened during the testimony of earlier witness which found to contain one plastic container containing swab of right hand of accused Ankur, the same is shown to the witness who correctly identified the same. Same is Ex.P16.
At this stage, MHC (M) has produced one parcel no.11 opened during the testimony of earlier witness which found to contain one plastic container which is containing swab taken from left hand of accused Ankur, same is shown to the witness who correctly identified the same. Same is Ex.P17.
At this stage, MHC (M) has produced one parcel no.12 opened during the testimony of earlier witness which found to contain one plastic container which is containing control of accused Ankur, same is shown to the witness who correctly identified the same. Same is Ex.P18.
At this stage, MHC (M) has produced one parcel no.13 opened during the testimony of earlier witness which found to contain one plastic container which is containing swab taken from right hand of accused Anwar, same is shown to the witness who correctly identified the same. Same is Ex.P19.
At this stage, MHC (M) has produced one parcel no.14 opened during the testimony of earlier witness which found to contain one plastic container containing swab taken from left hand of accused Anwar, same is shown to the witness who correctly identified the same. Same is Ex.P20.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 412
At this stage, MHC (M) has produced one parcel no.15 opened during the testimony of earlier witness which found to contain one plastic container containing control taken from Anwar and shown to the witness who correctly identified the same. Same is Ex.P21 collectively.
At this stage, MHC (M) has produced one parcel no.16 opened during the testimony of earlier witness which found to contain one plastic container which is containing swab taken from right hand wash of accused Sanwar and shown to the witness who correctly identified the same. Same is Ex.P22.
At this stage, MHC (M) has produced one parcel no.17 opened during the testimony of earlier witness which found to contain one plastic container containing swab taken from left hand wash of accused Sanwar and shown to the witness who correctly identified the same. Same is Ex.P23 collectively.
At this stage, MHC (M) has produced one parcel no.18 opened during the testimony of earlier witness which found to contain one plastic container which is containing control of accused Sanwar and shown to the witness who correctly identified the same. Same is Ex.P24.
At this stage, MHC (M) has produced one parcel no.19 opened during the testimony of earlier witness which found to contain one plastic container which is containing right hand wash of accused Khalid and shown to the witness who correctly identified the same. Same is Ex.P25.
At this stage, MHC (M) has produced one parcel no.20 opened during the testimony of earlier witness which found to contain one plastic container which is containing left hand wash of accused Khalid St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 413 and shown to the witness who correctly identified the same. Same is Ex.P26.
At this stage, MHC (M) has produced one parcel no.21 opened during the testimony of earlier witness which found to contain one plastic container which is containing control taken from accused Khalid and shown to the witness who correctly identified the same. Same is Ex.P27.
At this stage, MHC (M) has produced one parcel no.22 opened during the testimony of earlier witness which found to contain one plastic container containing one cartridge (fired) and shown to the witness who correctly identified the same as taken from the spot. Same is Ex.P28.
At this stage, MHC (M) has produced one parcel no.23 opened during the testimony of earlier witness which found to contain one plastic container containing one cartridge (fired) and the same is shown to the witness who correctly identified the same as taken from the spot. Same is Ex.P29.
At this stage, MHC (M) has produced one parcel no.24 opened during the testimony of earlier witness which found to contain one plastic container containing one cartridge (fired) and shown to the witness who correctly identified the same as taken from the spot. Same is Ex.P30.
At this stage, MHC (M) has produced one parcel no.25 opened during the testimony of earlier witness which found to contain one plastic container containing one lead (metallic piece) and the same is shown to the witness who correctly identified the same as taken from gypsy on the spot. Same is Ex.P31.
At this stage, MHC (M) has produced one parcel no.26 opened during the testimony of earlier St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 414 witness which found to contain one plastic container which is containing two fired cartridge and shown to the witness who correctly identified the same as taken from the spot. Same is Ex.P32....."
(260) In his crossexamination the witness Inspector Mukesh Antil (PW37) he is unable to tell as to how many persons were sitting in the cabin of the Driver and how many were on the back side portion of the vehicle. He has further explained that he was carrying 9mm pistol and ten cartridges, HC Jaipal was carrying 9mm pistol and the other constables were carrying INSAS riffles but is unable to tell specifically about how many cartridges were carried by HC Jaipal and other two constables. The witness has also explained that they used to carry arms and ammunition in routine patrolling which has been entered in the Malkhana register. According to the witness, he and his team was the first amongst the police officials to reach at the spot i.e. Jheel Wala Park as their vehicle was first to reach the spot i.e. Jheel Wala Park in chasing the alleged offending vehicle. He has also explained that he had fired all the three rounds towards right side rear tyre which was punctured and the other members of his team who were sitting at the back and they also fired in the direction of offending vehicle but he is unable to tell how many rounds were fired by them as he could not see them. He has proved that the seizure memos of stones were prepared by Inspector Om Dutt Vats in his presence at about 1:30 PM and SI Lalit Kumar of Police St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 415 Station Subhash Place also signed the said memos. Witness has admitted that he did not give a detailed description of any of the accused and that he did not specifically tell the Investigating Officer that he could identify the absconding accused and has explained that he can identify them because he had seen them running away from the spot. He has also admitted that he had mentioned in the statement that accused had taken advantage of the darkness and escaped and has explained that there was sufficient light on the road where the incident had taken place but the accused absconded towards the Jheel Wala Park by scaling the wall. He has further admitted that the members of his team did not chase these accused and has explained that they were with him and they had apprehended Sanwar and the persons who were chasing the persons running away were from the other teams from other Police Station. According to the witness he had gone to Crime Branch Office on 22.02.2013 to identify Asif but he was not called by the Investigating Officer on that day. He has explained that he had not seen the Investigating Officer lifting the blood sample from inside the alleged offending vehicle and has explained that he had seen him lifting the same from the body of buffalo. The testimony of Inspector Mukesh Antil (PW37) also finds due corroboration from the testimonies of other police staff which was with him at the time of incident i.e. ASI Jaipal Singh (PW51) and HC Jitender (PW52).
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 416 (261) From a combined reading of the testimonies of Sh. Jasmeet Singh (PW34), Sh. Rajeev Ranjan (PW35) and Inspector Mukesh Antil (PW37) the following aspects stand conclusively established:
➢ That in the intervening night of 1819 January 2013, Sh. Rajeev Ranjan the then ACP Alipur was on Convoy Patrolling along with other police officers of the Outer District and Ct. Balkar was his driver and Ct. Ankit was his operator who was also carrying a 9mm pistol and 9 live cartridges of 9mm, in his government gypsy no. DL 1CJ 7412 [proved by ACP Sh. Rajeev Ranjan (PW35), Ct.
Balkar Singh (PW60) and Ct. Ankit (PW67)].
➢ That on the intervening night of 1819.01.2013, Sh. Jasmeet Singh the then ACP Sultan Puri started patrolling at about 12.00 Midnight, along with his staff i.e. driver HC Chela Ram, Operator Ct. Rakesh having Glock Pistol with ten rounds sitting besides the Driver Ct. Desh Raj with AK47 with twenty rounds and Civil Defence Volunteer Jagtender Singh sitting at the rear seat in his official Qualis Vehicle whereas he himself was sitting in the middle seat [proved by ACP Sh. Jasmeet Singh (PW34), Jagtender Singh (PW50), HC Rakesh (PW56) and Ct. Desh Raj (PW58)].
➢ That after some time when ACP Sh. Jasmeet Singh left for patrolling, his Driver Chela Ram complained that he was having pain in his hand and on his instructions the Civil Defence Volunteer Jagtender Singh started driving his vehicle [proved by St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 417 ACP Sh. Jasmeet Singh (PW34), Jagtender Singh (PW50), HC Rakesh (PW56) and Ct. Desh Raj (PW58)].
➢ That on the intervening night of 18.01.2013 and 19.01.2013, SI Mukesh Antil of Police Station Mangol Puri was on patrolling duty in the TATA 407 Tempo bearing no. DL1LK9515 along with the staff comprising of HC Jai Pal, Ct. Jitendra, Ct. Umesh and driver Ct. Vijay Pal [proved by Inspector Mukesh Antil (PW37), ASI Jaipal (PW51), HC Jitender (PW52) and Ct. Umesh (PW62)].
➢ That at around 2:00 AM at night a wireless message was received that near the dividing road of Sector 1617, Rohini, some criminals have robbed cattle in a vehicle and have also fired and therefore checking was started for the offending vehicle.
➢ That at that time ACP Sh. Rajeev Ranjan was near village Daulatpur i.e. near the Dividing Road of Sector 1617, Rohini, when he along with his staff also started searching for the offending vehicle.
➢ That at around 2:20 AM when ACP Sh. Rajjev Ranjan reached at K N Katju Marg he spotted a Tata 407 vehicle driving at very high speed in the directions of Outer Ring Road and there were cattle loaded on the back of the Tata 407 bearing no. HR 38AS 2616 and four to five persons were sitting on the backside of the said vehicle.
➢ That Operator Ct. Ankit signaled the said vehicle to stop but the said vehicle speededup and overtook the gypsy of ACP Sh. Rajeev St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 418 Ranjan and they started chasing the said Tata 407 vehicle and transmitted the message on wireless.
➢ That the persons on the back of the said Tata 407 started pelting stones on them and also fired upon them and in their self defence, ACP Sh. Rajeev Ranjan took the 9 mm pistol from Ct.
Ankit and fired towards the tyre of the offending Tata 407 vehicle and one of his round misfired on which he again fired a second round.
➢ That on hearing the WT message by ACP Alipur Sh. Rajeev Ranjan, the ACP Sultan Puri Sh. Jasmeet Singh became alert and headed towards K N Katju Marg.
➢ That on reaching near Sachdeva School T Point, ACP Sh. Jasmeet Singh noticed an off white coloured TATA 407 Tempo rashly driven, which was being chased by official gypsy of ACP Alipur on which they also started chasing the said tempo.
➢ That the occupants of the tempo i.e. TATA 407 (offending vehicle) were continuously firing and throwing stones at the official vehicles on which ACP Sh. Jasmeet Singh took the Glock Pistol from his Operator Ct. Rakesh who was sitting besides the driver on the front seat and he aimed at the rear tyre of the said tempo and fired after which the said tempo took a right turn towards the Ring Road, Madhuban Chowk, Underpass.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 419
➢ That on Red Light of the Outer Ring Road the said Tata 407 jumped red signal and dangerously turned towards right in the direction of Madhuban Chowk on which ACP Sh. Rajeev Ranjan again fired from his 9 mm pistol towards the offending vehicle, but the driver of the said vehicle did not stop the vehicle.
➢ That when the said vehicle crossed Madhuban Chowk underpass, one of the rounds fired by the criminals sitting on the Tata 407 vehicle fired towards the vehicle of ACP Sh. Rajeev Ranjan as a result of which the wind screen of his government gypsy broke and the bullet hit his driver Ct. Balkar on his right shoulder and he received injury.
➢ That ACP Sh. Rajeev Ranjan again fired two rounds towards the said Tata 407 but one of the round misfired and Ct. Balkar kept driving the gypsy despite his injury.
➢ That while SI Mukesh Antil along with his staff were checking near the police picket Peeragarhi, at around 2:00 AM they received a wireless message that on the intersection of Sector 1617 Rohini on the dividing road some persons had committed cattle theft and also fired on the police party and they were directed to check the various vehicles and at that time SHO Mangolpuri and Inspector Satya Prakash and the remaining staff were also present with them at Peera Garhi Flyover.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 420
➢ That on receipt of this information, SI Mukesh Antil moved towards Deepali Chowk and as soon as they reached near Deepali Chowk they saw that one TATA 407 of white color coming from Madhuban Chowk side and there were two police vehicles i.e. one gypsy and a Qualis were chasing the offending vehicle.
➢ That SI Mukesh Antil noticed that firing was going on from both the sides and some persons sitting in the Tata 407 of white color were throwing stones on the police vehicles.
➢ That SI Mukesh Antil also started chasing the said vehicle and during this firing, the left tyre of Tata 407 which was being chased had been hit but still the said vehicle was moving and he also made a return fire.
➢ That after turning left from Deepali Chowk, ACP Sh. Rajeev Ranjan asked his driver Ct. Balkar to stop the vehicle and to sit on the back seat of the gypsy in view of his injury and directed Operator Ct. Ankit to drive the gypsy and then they started chasing in the directions of offending Tata 407 which had again turned left near Haryana Maitri Bhawan.
➢ That the offending tempo then hit the police barricades on the way on which ACP Jasmeet Singh fired towards the tyre of the tempo after taking an aim.
➢ That the offending tempo then took a left turn from the side of Bikaner Sweets and the tempo then headed towards Jheel Wala St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 421 Park on which ACP Sh. Rajeev Ranjan again fired towards the offending Tata 407.
➢ That the rear left tyre of the offending Tata 407 completely burst due to firing by the police party and the rear right tyre was punctured and the vehicle itself was tilting towards left and swerving dangerously and it hit the footpath near Jheel Wala Park and stopped.
➢ That about seveneight cattle lifters jumped out of the off white offending tempo and ran in different directions.
➢ That the pursuing police parties also chased the criminals and the Operator of ACP Sh. Rajeev Ranjan namely Ct. Ankit caught one of the criminals who on inquiry disclosed his name as Ankur.
➢ That since the Qualis of ACP Sh. Jasmeet Singh was on right side, he saw one person who jumped out of drivers cabin from the driver's side seat on which ACP Sh. Jasmeet Singh came out of his vehicle and warned him to stop.
➢ That the said person was of approximate 5' 4", light beard, about 25 years of age and the said person did not stop even after being warned on which ACP Sh. Jasmeet Singh fired one round aiming towards his feet, however that person jumped the wall of Jheel Wala Park and escaped whose name he came to know later on as Tasleem.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 422
➢ That SI Mukesh Antil and his party also chased the assailants and apprehended one person whose name they later on came to know as Sanwar S/o Ibrahim, R/o Village Nahal, Police Station Massorie, District Ghaziabad and from the casual search of Sanwar a loaded country made katta with one live round was recovered.
➢ That two other assailants namely Anwar and Khalid were also apprehended by police officials and one assailant namely Yakub was found lying unconscious in the back side of offending Tata 407 vehicle who was handed over to PCR.
➢ That a long barrel country made Katta had fallen on the road towards the driver side seat and another country made pistol with one round in the chamber and two rounds in the Magazine was found lying in the dash board of the offending vehicle i.e. Tata 407.
➢ That on the rear side of the offending vehicle a leather belt containing eleven live cartridges and one desi katta was also found.
➢ That there were three cows, one calf and one buffalo on the rear side of the offending vehicle and some stones were also lying on the rear side of the offending vehicle i.e. Tata 407. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 423 ➢ That the Driver of ACP Alipur Sh. Rajeev Ranjan had received gunshot injury on his shoulder due to firing by the accused persons who were in offending TATA 407 tempo in which they were carrying the cattle and during the chase.
(262) The testimonies of the above eye witnesses i.e. ACP Jasmeet Singh (PW34), ACP Rajeev Ranjan (PW35) and Inspector Mukesh Antil (PW37) finds due corroboration and confirmation from the testimonies of other eye witnesses who were members of police team including HC Jai Bhagwan (PW12), SI Lalit (PW36), Ct. Gaurav (PW45), Jagtender Singh (PW50), ASI Jaipal Singh (PW51), HC Jitender (PW52), SI Kanwaljeet (PW55), HC Rakesh (PW56), Ct. Umesh (PW62), HC Parveen Kumar (PW63), Ct. Satish Kumar (PW66) and Ct. Ankit (PW67). Further, independent corroboration is also forthcoming from the testimony of a passerbye i.e. Dushyant Kumar (PW38) a Businessman by profession who had witnessed this hot pursuit of the accused by the police and the firing and stone pelting which was happening and had made a call on 100 number. In fact Dushyant Kumar has proved that on the intervening night of 1819.01.2013 he was returning on his motorcycle from Mahendra Park after attending the reception of his friend Deepak Saini and when he reached the main road of Mahendra Park, he suddenly noticed one TATA 407 being chased by police vehicle and there was firing going on from TATA 407 which was being returned by police vehicles i.e. fivesix St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 424 Gypsies. He has proved that as soon as these vehicles reached Mahendra Park red light, the TATA 407 stopped after hitting the footpath near the Lok Vihar bus stop and the police vehicles also stopped after which there was a traffic jam as large number of vehicles had stopped and he had noticed that some boys had jumped out of the same and ran towards the left side Jheel Wala Park and police also chased them inside the park but they could not move because of traffic jam and he then made a 100 number call from his mobile phone bearing No. 8585919337 which aspect has gone uncontroverted.
(263) Here, I may observe that the accused Anwar, Sanwar, Khalid and Ankur Kumar were apprehended at the spot of the incident itself. In so far as the accused Mohd. Tasleem is concerned, he has been apprehended on the next day i.e. 20.1.2013 from opposite Jagdamba Hospital, Hapur Road, Meerut, Uttar Pradesh on the identification of Jagtender Singh (PW50). I may further observe that at that time the accused Tasleem was having a plaster on right lower limb below the knee since he was having gun shot injuries (as confirmed from his MLC Ex.PW30/A).
(264) Further, in so far as the accused Hasrat S/o Yusuf is concerned, the Investigating Officer of the case i.e. Inspector Sushil Kumar (PW70) has proved that pursuant to a secret information on 30.01.2013 at about 6:20 AM the accused Hasrat was apprehended from Metro Station Seelampur and was arrested in this case. Application for St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 425 Test Identification Parade of the accused was then moved but the accused he refused to take part in the Test Identification Parade proceedings and on 31.1.2013 during Police custody Remand the accused Hasrat was identified by Inspector Mukesh Antil as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38AS2616 who managed to escape from the spot after jumping the wall of the park. He has correctly identified the accused Hasrat in the Court.
(265) Further, in so far as the accused Asif is concerned, on 16.02.2013 SI Amit of Police Station Badarpur informed Inspector Sushil Kumar (PW70) about the arrest of accused Asif pursuant to which on 19.02.2013 accused Asif was arrested from the Rohini Court after taking permission from the Court. The application for his Test Identification Parade was moved but the accused refused to participate in the same after which Asif was remanded to three days Police Custody Remand during which on 22.2.2013 Inspector Mukesh Antil (PW37) came in the office of Crime Branch Sector14 Rohini and identified the accused Asif S/o Yunus as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38 AS 2616 who managed to escape from the spot after jumping the wall of the park. He has also identified the accused Asif in the Court as well and now the accused Asif who himself had refused Test Identification Parade cannot be permitted to take advantage of the same. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 426 (266) 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 the Date and place of Witnesses who have identified the No. accused apprehension accused in the Court 1 Anwar S/o Apprehended at the ➢Sh. Jasmeet Singh (PW34) Tasawar place of occurrence i.e. Road No. 44, Jheel Wala ➢Sh. Rajeev Ranjan (PW35) Park opposite Lok Vihar ➢SI Lalit (PW36) Bus Stop ➢Inspector Mukesh Antil (PW37) ➢Ct. Gaurav (PW45) ➢ASI Jaipal Singh (PW51) ➢HC Jitender (PW52) ➢SI Kanwaljeet (PW55) ➢HC Rakesh (PW56) ➢Ct. Umesh (PW62) ➢HC Parveen Kumar (PW63) ➢Ct. Satish Kumar(PW66) 2 Sanwar S/o Apprehended at the ➢Sh. Jasmeet Singh (PW34) Mohd. place of occurrence i.e. Ibrahim Road No. 44, Jheel Wala ➢Sh. Rajeev Ranjan (PW35) Park opposite Lok Vihar ➢SI Lalit (PW36) Bus Stop ➢Inspector Mukesh Antil (PW37) ➢Ct. Gaurav (PW45) ➢ASI Jaipal Singh (PW51) ➢HC Jitender (PW52) ➢SI Kanwaljeet (PW55) St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 427 ➢Ct. Umesh (PW62) ➢HC Parveen Kumar (PW63).
3 Khalid S/o Apprehended at the ➢HC Jai Bhagwan (PW12) Mohd. Sagir place of occurrence i.e. Road No. 44, Jheel Wala ➢Sh. Jasmeet Singh (PW34) Park opposite Lok Vihar ➢Sh. Rajeev Ranjan (PW35) Bus Stop ➢SI Lalit (PW36) ➢Inspector Mukesh Antil (PW37) ➢Ct. Gaurav (PW45) ➢ASI Jaipal Singh (PW51) ➢HC Jitender (PW52) ➢SI Kanwaljeet (PW55) ➢Ct. Umesh (PW62) ➢HC Parveen Kumar (PW63)
4. Ankur S/o Apprehended at the ➢Sh. Jasmeet Singh (PW34) Satpal place of occurrence i.e. Road No. 44, Jheel Wala ➢Sh. Rajeev Ranjan (PW35) Park opposite Lok Vihar ➢SI Lalit (PW36) Bus Stop ➢Inspector Mukesh Antil (PW37) ➢Ct. Gaurav (PW45) ➢ASI Jaipal Singh (PW51) ➢HC Jitender (PW52) ➢Sumer Singh (PW54) ➢SI Kanwaljeet (PW55) ➢Ct. Umesh (PW62) ➢HC Parveen Kumar (PW63) ➢Ct. Ankit (PW67)
5. Mohd. Apprehended on ➢HC Birender (PW9) Tasleem S/o 20.1.2013 at 5:30 PM Mohd. from Opp. Jagdamba ➢HC Lalit (PW10) Mursleen Hospital, L619, Shastri ➢Sh. Jasmeet Singh (PW34) St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 428 Nagar, Hapur Road, ➢Jagtender Singh (PW50) Meerut, UP while he was coming out after ➢SI Ramesh Kumar (PW65) getting treatment for his ➢HC Ramesh Kumar (PW69) firearm injury.
6. Hasrat S/o Apprehended on ➢Inspector Mukesh Antil (PW37) Yusuf 30.1.2013 at 9 AM by the Special Team, ➢HC Ramesh Kumar (PW69) Prashant Vihar which was pursuant to a secret information.
7. Asif S/o Apprehended along with ➢Inspector Mukesh Antil (PW37) Yunus firearm on 15.2.2013 by police officials of Police ➢ASI Raj Kumar (PW57) Station Badarpur pursuant to a secret information after which on 19.2.13, formally arrested in this case.
(267) Ld. Amicus Curiae 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 police officials regarding the incident and apprehension and arrest of the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif. 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 attaches to the testimony of police officials merely because they belong to the police St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 429 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 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. (268) 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 continuously firing on them. Apart from the fact that they are eye witnesses to the incident, their testimonies find independent support and confirmation from the testimony of a passerbye Dushyant Kumar (PW38) who too had witnessed the incident while he was returning home and had made a 100 number call to the Control Room. Also, their testimonies are backed by Medical, Forensic and other evidence including Circumstantial Evidence which has come on record and coupled with the fact that the accused Ankur Kumar, Anwar, Sanwar and Khalid were apprehended at the spot itself, there is no reason why their testimonies should be looked into with suspicion. I, therefore, hold the testimonies of Sh. Jasmeet Singh (PW34), Sh. Rajeev Ranjan (PW35), Inspector Mukesh Antil (PW37), HC Jai Bhagwan (PW12), SI Lalit (PW36), Ct. Gaurav (PW45), Jagtender Singh (PW50), St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 430 ASI Jaipal Singh (PW51), HC Jitender (PW52), SI Kanwaljeet (PW55), HC Rakesh (PW56), Ct. Umesh (PW62), HC Parveen Kumar (PW63), Ct. Satish Kumar (PW66) and Ct. Ankit (PW67) are reliable, truthful and credible and cannot be rejected merely because they happen to be police officers and further hold that the prosecution has been able to prove and establish that all the accused i.e. Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat, Asif and Yakub (deceased) in in pursuance to the Criminal Conspiracy voluntarily obstructed ACP Sh. Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar in discharge of their public function and also assaulted/ used criminal force against the above public servants in the execution of their duties as such public servants or with intent to prevent and deter such police officials in discharging their duties. It further stands established that all the accused persons in pursuance of their criminal conspiracy voluntarily caused hurt to Ct. Balkar Singh being a public servant in discharge of his duty as such public servant, with intent to deter Ct. Balkar and other police officers being public servants from discharging his duty as such public servant. The prosecution has also been able to prove and establish that all the accused persons in pursuance to the Criminal Conspiracy continuously fired upon the police officials i.e. ACP Sh. Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar with such intention or knowledge that under such circumstances that if they all by that act cause St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 431 death of the police officials they would be guilty of murder. It has also been established that all the accused also committed mischief by firing upon the police vehicles Tata 407 bearing No. DL1LK9515 and police Gypsy bearing No. DL1CM4596 which are public properties. In addition to the same the ocular Evidence which has come on record confirm that the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat, Asif and Yakub (deceased) were found transporting agricultural cattle i.e. three cows, one calf and one buffalo which they had illegally lifted from various areas in Delhi (in respect of which a separate case is pending trial) which they were transporting for the purposes of Slaughtering and with knowledge that it was likely to be slaughtered. Photographs of the Scene of Crime/ Electronic Google Map for Assistance of Court:
(269) During the course of arguments, with the consent of both the Prosecution and the Ld. Defence Counsels the assistance of Satellite Map was taken and its screen shots downloaded from the Internet i.e. Map Data @ 2014 Google in order to recreate the scene of crime and determine the route allegedly taken by the accused in their offending vehicle and by the various police team in their hot pursuit. I may observe that the provisions of Section 87 of Indian Evidence Act provide 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 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 432 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. Both the Addl. Public Prosecutor as well as the Ld. Defence Counsels have specifically stated that they are not disputing the correctness of the said record i.e. the electronic Satellite Map. In fact the Ld. Defence Counsels have clarified that the accused are only disputing the allegations made against them by the prosecution and their false implication in the case. I may note that the Public Prosecutor and the Defence Counsels have not disputed the correctness of the Satellite Maps the Screen Shots of which have been taken in their presence (statement of the Ld. Defence Counsels/ Amicus Curiae giving consent and having no objection to the same has been specifically recorded).
(270) In this background by taking the assistance of the Satellite Map, I have on the basis of the Ocular and other evidence on record reconstructed the scene of crime i.e. the route from where the incident commenced till the point where it concluded and for this purpose the Screen Shots of the Electronic Satellite Maps have been taken (with the consent of both prosecution and the defence) which are as under along with the details which have emerged on the basis of the evidence brought before this Court by the prosecution:St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 433
Screen Shot No.1: Showing the route taken by the offending vehicle with Delhi Police in hot pursuit.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 434
(271) The above satellite map shows the entire route taken by the accused from the point it commenced till the point it concluded. In the above satellite map the following points are depicted:
➢ Point 1 (Diving Road of Sector 1617, Rohini) - It shows the place of incident from where the accused had lifted the cows of Sumer Singh (PW54) in Tata 407 bearing No. HR38AS2616.
➢ Point 2 - It shows the point where ACP Sh. Rajeev Ranjan fired at the tyre of the offending tempo.
➢ Point 3 (Manav Chowk) - It shows the position of ACP Sh.
Jasmeet Singh when he received the information.
➢ Point 4 (Sachdeva School) - It shows the point where ACP Sh.
Jasmeet Singh joined the chase.
➢ Point 5 (Red Light of Outer Ring Road) - It shows the point where the offending vehicle jumped the red signal and dangerously turned towards right side in the direction of Madhuban Chowk.
➢ Point 6 (Madhuban Chowk underpass) - It shows the point where one of the round fired by the criminals hit the wind screen of the Gypsy of ACP Sh. Rajeev Ranjan which bullet hit Driver Ct.
Balkar Singh on his right shoulder.
➢ Point 7 (Deepali Chowk) - It shows the point from where the police vehicle of Tata 407 of SI Mukesh Antil joined the chase and the offending vehicle turned towards Haryana Maitri Bhawan.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 435
➢ Point 8 - It shows the point where Ct. Balkar who was injured, was asked to sit on the back side of Gypsy and Ct. Ankit started driving the vehicle of ACP Sh. Jasmeet Singh.
➢ Point 9 - It shows the location of Haryana Maitri Bhawan from where the accused took a left turn.
➢ Point 10 - It shows the location where the offending tempo jumped the barricading near police picket at Haryana Maitri Bhawan by hitting one of the barricades.
➢ Point 11 - It shows the point from where the offending vehicle took a left turn from Bikaner Sweets towards Road No. 44, Lok Vihar.
➢ Point 12 It shows the point near Jheel Wala Park where the offending vehicle stopped after hitting the footpath after its left tyre was severed while the right back tyre was punctured (confirmed from the photograph Ex.PW25/A36 and Mechanical Inspection Report Ex.PW43/A).
(272) The above Screen Shot of the Satellite Map clearly establishes the route taken by the assailants and a point to point confirmation of the status of the entire route. It also confirms that the area where the offending vehicle is stopped on the main road in front of the Big Park with a Lake in it and shops/ residence lines away from the same as visible in the Screen Shot as below:St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 436
Screen Shot No.2: Showing the exact point where the offending vehicle was finally compelled to stop and five accused were apprehended (including deceased Yakub).St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 437
(273) Further, the scene of crime has been duly photographed by the Crime Team Photographers i.e. Ct. Subhash (PW25) and Ct. Hans Raj (PW26) who have proved having visited the spot of incident and having taken the photographs of the scene of crime which are Ex.PW25/A1 to A46 and Ex.PW26/A1 to A46. 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:
(274) The above photograph Ex.PW25/A18 particularly the portion encircled by me as aforesaid reflects the broken barricade lying near Haryana Maitri Bhawan Police Picket thereby proving that the offending vehicle i.e. Tata Tempo 407 had hit the barricade put by the police team near Haryana Maitri Bhawan Picket (at point 10 in the Screen St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 438 Shot No.1) and finds independent corroboration from the oral ocular evidence and the report of the Physics Expert (Sh. Parshuram Singh) and also the Mechanical Inspector Report. In fact the Mechanical Inspection Report of the offending vehicle Ex.PW43/A shows that there was an Extra Steel 'U' type garter fitted inside of front bumper of the offending Tata 407 bearing No. HR38AS2616. This establishes that the offending tempo has been specifically improvised and designed to withstand the blunt force impact so that the vehicle is not damaged while hitting the barricades and confirms the prior meeting of mind and also the intention to achieve an illegal object. This also confirms the prosecution version that are all desperadoes who work in an organized manner while carrying out their conspired objective i.e. lifting and stealing cattle for purposes of slaughtering.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 439
(275) The above photograph Ex.PW25/A33 particularly the spots encircled by me as aforesaid reflect the bullet firing marks on the front portion of the Tata 407 bearing No. DL1LK9515 i.e. police vehicle of SI Mukesh Antil (PW37), thereby corroborating and confirming the testimonies of Ct. Ravinder (PW44), Ct. Gaurav (PW45), ASI Jaipal Singh (PW51), HC Jitender (PW52) and Ct. Umesh (PW62) who all were on duty with Inspector Mukesh Antil (PW37) on the above official Tata 407 bearing No. DL1LK9515 and establishes that the assailants had fired upon the official vehicles which were chasing them.
(276) The above photograph Ex.PW25/A1 particularly the spot encircled by me as aforesaid reflects the presence of the severed and burst tyre of the offending Tata 407 bearing No. HR38AS2616 with burnt portions of the same lying on the road at the spot near the offending vehicle before it hit the footpath and stopped. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 440 (277) The above photograph Ex.PW25/A19 particularly the spot marked by me as aforesaid show the skid marks caused by the offending Tata 407. The Mechanical Inspection Report of the offending vehicle which is Ex.PW43/A establishes that the rear left side wheel Tyre-Tube and rear Right side wheel with TyreTube of the offending Tata 407 bearing No. HR38AS2616 were missing and the report of the Forensic Expert i.e. Sh. Parshuram Singh show that the back left tyre of Tata 407 was missing, however some portion of tyre was attached with Rim and St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 441 back right tyre was also found in a punctured condition and both the front tyres were intact. Further, some mark in mud parallel to the edge of footpath was observed and the mark was having two parallel lines and the distance between two lines was found consistent with the width of the Rim of back left tyre. The above photograph also confirms the ocular evidence of the offending vehicle being hit by police firing from behind in an attempt to stop the same (i.e. use of minimal justifiable force) and that even after being hit it kept moving.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 442 (278) The above photographs Ex.PW26/A11, Ex.PW26/A29, Ex.PW26/A39 and Ex.PW26/A40 particularly the portions encircled St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 443 by me as aforesaid reflect the presence of injured cattle (brutally tied by legs and neck and packed and thrown in the tempo) i.e. three cows, one calf and one buffalo in the offending Tata 407 Tempo bearing No. HR38 AS2616 and the ropes lying in the tempo with the pregnant cow (who later expired within few hours during treatment, thereby confirming the ocular evidence and also the medical evidence on record which proves that one of the cows who was pregnant had expired during treatment. These photographs also confirm the huge quantity of blood lying on floor with the belt containing cartridges (duly encircled). (279) The above photograph Ex.PW26/A38 particularly the portion encircled by me as aforesaid shows the bullet mark in the front wind screen glass of left lower side of Gypsy No. DL1CM4596 (official vehicle of ACP, Sultan Puri Sh. Jasmeet Singh being driven by Jagtender Singh) which establishes and confirms that police vehicle was chasing the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 444 offending vehicle from behind and also confirms that the firing which was being done by the assailants from the offending vehicle was directed specifically towards the police officials by targeting their vital parts and that one of the bullets had hit the wind screen of the police gypsy. (280) The above photograph Ex.PW26/A14 shows that the front wind screen glass of Gypsy No. DL1CJ7412 (official vehicle of ACP, Alipur) was found broken from right side thereby proving that one of the bullets fired by the assailants hit the wind screen and then hit the Driver Ct. Balkar Singh on his right shoulder. This photograph lends confirmation to the Ocular and Medical Evidence which has come on record establishing that of Ct. Balkar the Driver of ACP Alipur who was driving the police gypsy was hit by Bullet fired by the accused thereby St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 445 injuring him (confirms the intention of the assailants was to kill as contemplated under Section 307 IPC).
(281) The above photograph Ex.PW26/A6 confirms the presence of leather belt containing eleven live cartridges (sufficient ammunition brought by the accused to meet any eventuality) which was found lying on the rear side of the offending Tempo Tata 407. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 446 (282) The above photograph Ex.PW26/A35 particularly the spot encircled by me as aforesaid reflects the presence of the long barrel desi katta which was found lying on the road near the offending Tata 407 which was dropped when the assailants jumped from the vehicle and ran towards the park in order to escape.
(283) The above photograph Ex.PW26/A35 particularly the portion encircled by me as aforesaid confirms the presence of desi katta in the dash board of the offending Tata 407 which was used by the assailants/ accused (as confirmed by the Forensic Report). (284) Apart from the above photographs which I have specifically made a part of the judgment, the other photographs of the spot so taken at St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 447 the spot by Ct. Subhash (PW25) and Ct. Hans Raj (PW26) and proved by them confirm the oral version and also establish the presence of the police vehicles as well as the offending vehicle, illegal firearms from the offending tempo, cartridge cases, cattle, skid marks on the road, broken barricade, bullet marks on the wind screen of police gypsies and blood spots.
Use of Legitimate Force by the Police Party which was Legal, Justified and Non Excessive:
(285) I may observe that the manner in which the entire incident had taken place shows that the use of force by officials of police on the accused was legitimate and justified. It has been established from the testimony of Sh. Rajeev Ranjan (PW35) that when they spotted the offending vehicle Tata 407 vehicle at KN Katju Marg, his operator Ct.
Ankit signaled the said vehicle to stop but the said vehicle speedup and overtook his gypsy after which they started chasing the same and transmitted the message on wireless. He has very categorically stated that the persons on the back portion of the offending Tata 407 started pelting stones on them and also fired upon them and it was in their self defence, that he took the 9 mm pistol from Ct. Ankit and fired towards the tyre of the offending Tata 407 vehicle (Mechanical Inspection Report, Photographs and Ocular Evidence confirms the same). (286) Further, the testimonies of ACP Sh. Jasmeet Singh (PW34) and Civil Defence Volunteer Jagtender Singh (PW50) establish that after St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 448 the offending tempo was compelled to stop at Jheel Wala Park near Lok Vihar Bus Stop, ACP Jasmeet Singh challenged the accused Tasleem not to escape and stop but the accused did not bother and continued to rush towards the walls in an attempt to scale the same and escape on which ACP Jasmeet Singh fired upon Tasleem by aiming on his leg which aspect finds a confirmation from the medical record of accused Tasleem showing that he was having gun shot injuries on his leg. The evidence on record confirms that the firing was made by the police officers by aiming at the tyres of the offending vehicle only to stop it whereas on the other hand there was indiscriminate firing by the offenders who had specifically aimed their fire at the Drivers of the police vehicles on their vital parts on account of which the Driver of ACP Sh. Rajeev Ranjan i.e. Ct. Balkar Singh had received gun shot injuries and the damage caused to the police vehicles was on the bonnets and wind screens and not on the tyres or lower portion.
(287) The entire incident was also witnessed by many shocked public persons one of whom was Dushyant Kumar (PW38) a Businessman by profession who has proved that on the intervening night of 1819.01.2013 he was returning on his motorcycle from Mahendra Park after attending the reception of his friend Deepak Saini and when he reached the main road of Mahendra Park, he suddenly noticed one TATA 407 being chased by police vehicle and there was firing going on from TATA 407 which was being returned by police vehicles i.e. fivesix St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 449 Gypsies. He has proved that as soon as these vehicles reached Mahendra Park red light, the TATA 407 stopped after hitting the footpath near the Lok Vihar bus stop and the police vehicles also stopped after which there was a traffic jam as large number of vehicles had stopped and he had noticed that some boys had jumped out of the same and ran towards the left side Jheel Wala Park and police also chased them inside the park but they could not move because of traffic jam. He has also proved having made a 100 number call from his mobile phone bearing No. 8585919337. His testimony independently lends credence to the versions given by the police officers as above and establishes that the police teams had acted in great restrain and in self defence while using force only after there was indiscriminate firing and stone pelting upon them resulting into injuries to one of the drivers (Ct. Balkar Singh). The photographs of the offending vehicle and the Mechanical Inspection Reports also confirms that most of the firing done on the offending vehicle was aimed at its tyres with the object of stopping the accused and preventing their escape. The evidence on record confirms that the force used by them was legitimate, non excessive and justified under the given circumstances. Charge under Section 482 IPC - to be tried by the Competent Court:
(288) The case of the prosecution is that all the accused namely Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif in pursuance to the criminal conspiracy were using the Tata 407 with fake St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 450 number plate as HR38AS2616 in place of the original number plate of DL1LR2012.
(289) In this regard I may observe that a separate FIR bearing No. 268/12 under Section 379 IPC has been registered at Police Station Nangloi in respect of the stolen Tata 407 having Original Registration No. DL1LR2013 which was registered in the name of Sh. Dilbagh Singh S/o Sh. Randhir Singh, R/o H. No. 109, Arvind Enclave, Nangloi, Delhi. Though the accused are alleged to have used the stolen tempo with fake number plate in the present incident but since the main case under Section 379 IPC is tried by the competent MM, thence the investigations and trial for the offences under Section 411 and 482 IPC being a part of the same transaction are also required to be decided by the same Court where the case FIR No. 268/12 under Section 379 IPC, Police Station Nangloi is to be tried. Hence, in this background, no findings are being given on the charge under Section 482 Indian Penal Code the investigation and trial of which is required to be conducted by the same court where the trial for offence under Section 379 and 411 IPC is to be conducted.
Charge under Section 307 Indian Penal Code:
(290) The case of the prosecution is that all the accused namely Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif in St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 451 pursuance to their criminal conspiracy continuously fired upon the police officials i.e. ACP Sh. Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar 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.
(291) 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.
(292) 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 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 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 452 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.
(293) 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 as a result of which Ct. Balkar Singh had received gut shot injuries on his shoulder whereas on the other hand police officials had been aiming at the tyres of the offending vehicle and even later when being chased on foot their aim was on legs of the assailants. The accused were carrying huge stocks of mountain rocks/ stones and illegal firearms i.e. pistol, desi kattas etc. and sufficient quantity of ammunition. They had not only fired at the innocent villagers who tired to protect their cattle at the time of committing theft but when chased by the police and asked to stop they started with indiscriminate firing on the following police party thereby hitting Ct.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 453
Balkar Singh the driver of official gypsy of ACP Alipur and damaging police vehicles on which the police fired in return aiming at the tyres of the offending vehicle but the accused continued to their act till they were chased and ultimately stopped near the Lok Vihar Bus Stop next to Jheel Wala Park (this version is confirmed by the independent public witness Dushyant Kumar (PW38).
(294) 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 Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif are hereby held guilty of the offence under Section 307 Indian Penal Code. Charge under Section 5 of Delhi Agriculture Cattle Preservation Act Proved:
(295) 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 and shall in particular take steps for preserving and improving the breeds and prohibiting the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 454 slaughter of cows and calves and other milch and drought cattle.
(296) In pursuance to the aforesaid the Delhi Agricultural Cattle Preservation Act, 1994 was legislated and modified on 15.4.1994 (Delhi Act No. 7 of 1994). In the present case the provisions of Section 5 which is punishable under Section 12 of Delhi Agriculture Cattle Preservation Act is relevant. Coming first to the provisions of Section 5 of the Delhi Agriculture Cattle Preservation Act, which prohibits the transport or export of agricultural cattle for slaughter, is reproduced as under:
"........ (1) No person shall transport or offer for transport or cause to be transported agricultural cattle from any place within Delhi to any place outside Delhi, for the purpose of its slaughter in contravention of the provisions of this Act or with the knowledge that it will be or is likely to be, so slaughtered.
(2) No person shall export or cause to be exported any agricultural cattle for the purpose of slaughter either directly or through his agent or servant or any other person acting on his behalf in contravention of the provision of this Act or with the knowledge that it will be or is likely to be slaughtered.
(3) Any person desiring to export any agricultural cattle shall apply for a permit to concerned Veterinary Officer stating the reasons for which they are to be exported and the number of agricultural cattle with age and sex and also the name of the State/Union Territory to which they are proposed to be exported and shall further file a declaration to the effect that the agricultural cattle for which the permit for export is required, shall not be St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 455 slaughtered.
Provided that an application for grant of a permit shall not be refused without according reasons therefor in writing.
Provided further that the permit shall not be granted for export of agricultural cattle to a State/Union Territory where slaughter of agricultural cattle is not banned by law......"
(297) Coming next to the provisions of Section 12 of Delhi Agriculture Cattle Preservation Act which deals with Penalty for contravention of sections 4, 5 or 7, the same is reproduced as under:
"....... Whoever contravenes the provision of section 4, 5 or 7 shall be punished with imprisonment of either description for a term which may extend to five years and fine which may extend to rupees ten thousand. Provided that except for special and adequate reasons to be recorded in the judgement by the court such imprisonment shall not be of less than 6 months and such fine shall not be of less than one thousand rupees..."
(298) In the present case the accused had illegally lifted the cattle i.e. three cows, one calf and one buffalo (which buffalo was belonging to one Abdulla who had taken it on Superdari as per the testimony of Sh. Dalip Suri). One cow which was pregnant had expired on account of the trauma and injuries received whereas two cows and one calf are still with the Sanjay Gandhi Animal Care Center. After lifting the above cattle, the accused had also tried to lift cattle belonging to Sumer Singh from the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 456 dividing road of Sector 1617, Rohini but could not succeed on account of the alarm raised by Sumer Singh when the villagers gathered and in order to scare them and to enable their escape from the spot, the accused had even fired upon them.
(299) When the accused Ankur, Anwar, Sanwar and Khalid were apprehended along with the offending tempo Tata 407 three cows, one calf and one buffalo were rescued whereas the other assailant namely Yakub who had sustained injuries in the firing had expired. As already highlighted by me while discussing the charge of Criminal Conspiracy all the accused before this court have been found to be habitual offenders involved in similar kind of incidents, details of which have been specified. I may note that as per the provisions of Section 14 of Delhi Agriculture Cattle Preservation Act in any trial for an offence punishable under sections 12 or 13 for contravention of the provisions of this Act, the burden of proving that the slaughter, transport, export, sale, purchase or possession of flesh of agricultural cattle was not in contravention of the provisions of this act, shall be on the accused. In the present case the accused having failed to lead any evidence in their defence nor they have discharged the burden on them which otherwise they could not, keeping in view their previous criminal records. I may further note that the accused Asif is also involved in another case bearing FIR No.94/2010, PS Kanjhawla, under Sections 186/ 353/307/295A IPC & 25/27 of Arms Act, 3/4 PDPP Act and 5/8 of DACP Act also pending St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 457 final disposal before this Court in which incident a large quantity of beef i.e. meat of cow freshly slaughtered was recovered from the seized vehicle and further the accused Asif who appears to be the Kingpin of the entire operation also lead the police party to a Godown where more beef i.e. meat of fresh slaughtered cow was recovered. This strongly indicates that these cattle which were lifted and brutally tied with ropes and ruthlessly loaded inside the pickup van were in fact being taken for Slaughtering. Rather, the condition in which the animals were found tied, incapacitated, suffocatingly stacked/ packed and injured (on whom one cow died) points towards an irresistible conclusion that they were being taken for Slaughtering. This being the background, I hereby hold the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif guilty of the offence under Section 5(1) punishable under Section 12 of Delhi Agriculture Cattle Preservation Act. Charges under Arms Act against Anwar, Sanwar, Hasrat and Asif:
(300) I may observe that charges under Section 25 and 27 of Arms Act have been settled against the accused Anwar, Sanwar and Hasrat. In so far as the accused Anwar and Sanwar are concerned, they were apprehended by the police parties after a short chase after they jumped from the offending vehicle. Since they had sustained injuries in the incident therefore, they were immediately rushed to the hospital where their hand wash were taken. It stands established from the Ballistic St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 458 Report Ex.PW41/A (duly proved by Sh. Puneet Puri - PW41) that Gun Shot Residues were detected on the hand swabs of the accused Anwar, Sanwar and Yakub (deceased) thereby confirming that hey were all in possession of the firearm which they used for firing on the police party.
(301) Further, a desi katta was found lying on the road near the offending vehicle; a desi katta was found lying in the dash board of the offending vehicle and a desi katta was also found lying on the rear portion of the offending vehicle with a leather belt containing eleven live cartridges. As already discussed herein above when the accused Sanwar was apprehended at the spot of the incident he was found in possession of one loaded desi katta .315 Bore (Ex.P8) which the Ballistic Report has confirmed to be in working condition.
(302) In so far as the accused Hasrat and Asif are concerned, their coaccused Ankur Kumar, Anwar, Sanwar, Khalid who were apprehended at the spot of the incident itself and Tasleem who was apprehended after a few hours (next day) have in their disclosure statements confirmed that it was the accused Tasleem who was driving the offending vehicle (a fact which even ACP Sh. Jasmeet Singh and Jagtender Singh have proved that they have seen Tasleem jumping out from the driver side of the offending tempo) and Hasrat sitting besides him in the cabin along with Asif both of whom were armed with the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 459 firearms which they used on the police party. In fact it is Asif who was the main brain behind the plan who had handed over the firearms to the various accused for using in case of requirement. Hasrat had also disclosed that it was he (i.e. Hasrat) who had fired at the police with the help of the desi katta which he kept in the dash board of the offending vehicle while escaping and in so far as Asif is concerned it is he who disclosed that he had fired at the police from the desi katta which had fallen near the footpath while he was escaping from the offending vehicle and ran towards the Jheel Wala Park. Who was sitting in the offending vehicle and who had used the particular firearm was not known to the Investigating Agency unless and until the accused persons who were apprehended at the spot namely Ankur, Anwar, Sanwar and Khalid informed the Investigating Agency about the same which was also confirmed by the accused Hasrat and Asif themselves.
(303) 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 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 460 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 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 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 461 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......"
(304) 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.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 462
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 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....."St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 463
(305) 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 Evident Act relied upon the case of K. Chinnaswamy Reddy Vs. State of A.P. 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.
(306) 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 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 464 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 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......"
(307) Applying the settled principles of law to the facts of the present case, I hold that the disclosures so made by the accused Hasrat to the extent that he was using the firearm which was kept in the dash board of the offending vehicle and that during the firing Asif had even taken his desi katta and done the firing on police and further the disclosure of Asif to the extent that while escaping from the offending vehicle the firearm was dropped near footpath (and was recovered from the said place), is a disclosure of relevant fact and of which even the Investigating Agency was not previously aware, is admissible in evidence and so also the disclosures made by accused Anwar, Sanwar, Khalid and Ankur to the extent of use of firearm by Hasrat and Asif. The Ballistic Report Ex.PW41/A (duly proved by Sh. Puneet Puri - PW41) lends independent confirmation to the extent of use of this firearm kept in the dash board of the offending vehicle in the incident (the Ballistic Report confirms that the 7.65mm cartridge case recovered from the road was a fired empty St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 465 cartridge and had been fired through the improvised pistol which was marked F4 by the Forensic Expert and is Ex.P12 in the Court). This Report also lends independent confirmation to the use of this firearm allegedly dropped by Asif near footpath which was marked F2 by the Forensic Expert and is Ex.P9 in the Court.
(308) This being the background, I hereby hold that the prosecution has been able to prove and establish the allegations against the accused Anwar, Sanwar, Hasrat and Asif of being in possession and of using the illegal firearms for which they are hereby held guilty of the offence under Section 25 and 27 of Arms Act.
Charges Established against the accused:
(309) Charges under Sections 120B IPC, Section 5 of Delhi Agriculture Cattle Preservation Act r/w 120B IPC, 186 r/w 120B IPC, 353 r/w 120B IPC, 332 r/w 120B IPC, 307 r/w 120B IPC, 482 r/w 120 B IPC and Section 3 of Prevention of Damage to Public Property Act r/w 120B IPC were settled against the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif. Further, charges under Section 25 and 27 of Arms Act were settled against the accused Sanwar, Anwar, Hasrat and Asif.
(310) On the basis of the evidence which has come on record in the form of oral testimonies of the various witnesses, forensic reports, medical reports, electronic evidence and other circumstantial evidence I St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 466 hereby hold that the prosecution has been able to successfully establish that the accused persons entered into a criminal conspiracy to commit theft of cattle for purposes of slaughtering and in pursuance to the same the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif along with Yakub (since expired) on the intervening night of 1819.1.2013 between 2:00 AM to 2:55 AM the accused lifted three cows, one calf and one buffalo from the Dividing Road of Sector 1617, Rohini and when they were transporting the the above animals in Tata 407 Tempo for the purpose of slaughtering or with the knowledge that the same were likely to be slaughtered. It also stands established that in pursuance to the above criminal conspiracy all the accused persons voluntarily obstructed ACP Sh. Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar in discharge of their public function and also assaulted/ used criminal force against the above public servants in the execution of their duties as such public servants or with intent to prevent or deter such police officials in discharging their duties and voluntarily caused hurt to Ct. Balkar Singh. Further, it has been established that all the accused persons in pursuance to the above criminal conspiracy continuously fired upon the police officials i.e. ACP Sh. Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar 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. St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 467 The prosecution has also been able to prove and establish that all the accused in pursuance of the criminal conspiracy also committed mischief by firing upon the police vehicles Tata 407 bearing No. DL1LK9515 and police Gypsy bearing No. DL1CM4596 which are public properties. Further, it has been established that the accused Sanwar, Anwar, Hasrat and Asif were having illegal firearms with which they fired at the police officials.
(311) Hence, in view of the above I hereby conclude that the following charges stand established against the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif herein under for which they are hereby convicted:
1. Section 120B Indian Penal Code.
2. Section 120B Indian Penal Code read with Section 5 of Delhi Agriculture Cattle Preservation Act and also under Section 5 of Delhi Agriculture Cattle Preservation Act.
3. Section 120B Indian Penal Code read with Section 186 Indian Penal Code and also under Section 186 Indian Penal Code.
4. Section 120B Indian Penal Code read with Section 332 Indian Penal Code and also under Section 332 Indian Penal Code.
5. Section 120B Indian Penal Code read with Section 353 Indian Penal Code and also under Section 353 Indian Penal Code.
6. Section 120B Indian Penal Code read with Section 307 Indian St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 468 Penal Code and also under Section 307 Indian Penal Code.
7. Section 120B Indian Penal Code read with Section 3 of Prevention of Damage to Public Property Act and also under Section 3 of Prevention of Damage to Public Property Act.
(312) Further, the accused Sanwar, Anwar, Hasrat and Asif are also held guilty of the offence under Section 25 and 27 of Arms Act. However, no findings are being given on the charge under Section 482 IPC the investigation and trial of which is required to be conducted by the competent court before whom the offence under Section 379 and 411 IPC is being tried as regards the theft/ recovery of vehicle i.e. Tata 407 bearing No. HR38AS2616 (offending vehicle in the present case). FINAL CONCLUSIONS:
(313) 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 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 469 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.
(314) 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 Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif has been established. The various prosecution witnesses have proved the allegations against the accused persons to having lifted/ committed theft of cattle for purposes of slaughtering in the offending tempo Tata 407 bearing No. HR 38AS 2616 and while they were chased by the police personnel's, they fired upon them. On the basis of the testimonies of the various prosecution witnesses and other evidence on record the following aspects stand conclusively established:
➢ That Sumer Singh a resident of house No. A94, Village Shahbad Daulatpur, Delhi is running a diary and is owning a large number of cows and buffaloes which he used to tie in a plot adjoining his house and also in a park (proved by Sumer Singh PW54).
➢ That on the intervening night of 18/19.01.2013 at about 2:00 AM St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 470 (midnight) Sumer Singh heard some noise coming from the park and when he went to the park he saw that fivesix persons were opening the ropes of the cows which were tied to the khunti(proved by Sumer Singh PW54).
➢ That there was a tempo of TATA 407 of a cream color parked there with cattle inside the same and three to four persons standing near the tempo(proved by Sumer Singh PW54).
➢ That Sumer Singh raised an alarm of chorchor, on which a large number of neighbors and residents of the area came out and collected with lathi and dandas (proved by Sumer Singh PW54).
➢ That on seeing this the said boys who were in the age group of 2530 years fired threefour rounds and thereafter went into a tempo and escaped towards Muskan Apartment (proved by Sumer Singh PW54).
➢ That Sumer Singh immediately made a 100 number call on which the police officials came from Sector 17, Rohini (proved by Sumer Singh PW54).
➢ That in the intervening night of 1819 January 2013, Sh. Rajeev Ranjan the then ACP Alipur was on Convoy Patrolling along with other police officers of the Outer District and Ct. Balkar was his driver and Ct. Ankit was his operator who was also carrying a 9mm pistol and 9 live cartridges of 9mm, in his government gypsy no. DL 1CJ 7412 (proved by ACP Sh. Rajeev RanjanPW35, Ct.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 471
Balkar Singh PW60 and Ct. Ankit PW67).
➢ That on the intervening night of 1819.01.2013, Sh. Jasmeet Singh the then ACP Sultan Puri started patrolling at about 12.00 Midnight, along with his staff i.e. driver HC Chela Ram, Operator Ct. Rakesh having Glock Pistol with ten rounds sitting besides the Driver Ct. Desh Raj with AK47 with twenty rounds and Civil Defence Volunteer Jagtender Singh sitting at the rear seat in his official Qualis Vehicle whereas he himself was sitting in the middle seat (proved by ACP Sh. Jasmeet Singh PW34, Jagtender Singh PW50, HC Rakesh PW56 and Ct. Desh Raj PW58).
➢ That after some time when ACP Sh. Jasmeet Singh left for patrolling, his Driver Chela Ram complained that he was having pain in his hand and on his instructions the Civil Defence Volunteer Jagtender Singh started driving his vehicle (proved by ACP Sh. Jasmeet Singh PW34, Jagtender Singh PW50, HC Rakesh PW56 and Ct. Desh Raj PW58).
➢ That on the same intervening night of 18.01.2013 and 19.01.2013, SI Mukesh Antil of Police Station Mangol Puri was on patrolling duty in the TATA 407 Tempo bearing no. DL1LK9515 along with the staff comprising of HC Jai Pal, Ct. Jitendra, Ct. Umesh and driver Ct. Vijay Pal and at around 2:00 AM at night a wireless message was flashed that near the dividing road of Sector 1617, Rohini, some criminals have robbed cattle in a vehicle and have St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 472 also fired and therefore checking was started for the offending vehicle (proved by ACP Sh. Jasmeet Singh - PW34, ACP Sh.
Rajeev RanjanPW35, Inspector Mukesh Antil PW37, Jagtender Singh - PW50, ASI Jaipal - PW51, HC Jitender - PW52, HC Rakesh - PW56, Ct. Desh Raj - PW58, Ct. Balkar Singh - PW60, Ct. Umesh - PW62 and Ct. Ankit - PW67).
➢ That simultaneously at that time ACP Sh. Rajeev Ranjan was near village Daulatpur i.e. near the Dividing Road of Sector 1617, Rohini, when on hearing this message of wireless set he along with his staff also started searching for the offending vehicle (proved by ACP Sh. Rajeev RanjanPW35, Ct. Balkar Singh PW60 and Ct.
Ankit - PW67).
➢ That at around 2:20 AM when ACP Sh. Rajeev Ranjan reached at K N Katju Marg he spotted a Tata 407 vehicle driving at very high speed in the directions of Outer Ring Road and there were cattle loaded on the back of the Tata 407 bearing no. HR 38AS 2616 and four to five persons were sitting on the backside of the said vehicle (proved by ACP Sh. Rajeev RanjanPW35, Ct. Balkar Singh PW60 and Ct. Ankit - PW67).
➢ That Operator Ct. Ankit signaled the said vehicle to stop but the said vehicle speededup and overtook the gypsy of ACP Sh. Rajeev Ranjan and they started chasing the said Tata 407 vehicle and transmitted the message on wireless (proved by ACP Sh. Rajeev St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 473 RanjanPW35, Ct. Balkar Singh PW60 and Ct. Ankit - PW67).
➢ That the persons on the back of the said Tata 407 started pelting stones on them and also fired upon them and in their selfdefence, ACP Sh. Rajeev Ranjan took the 9 mm pistol from Ct. Ankit and fired towards the tyre of the offending Tata 407 vehicle and one of his round misfired on which he again fired a second round (proved by ACP Sh. Rajeev RanjanPW35, Ct. Balkar Singh PW60 and Ct. Ankit - PW67).
➢ That on hearing the WT message by ACP Alipur Sh. Rajeev Ranjan, the ACP Sultan Puri Sh. Jasmeet Singh was alerted and he headed towards K N Katju Marg (proved by ACP Sh. Jasmeet Singh PW34, Jagtender Singh PW50, HC Rakesh PW56 and Ct. Desh Raj - PW58).
➢ That on reaching near Sachdeva School T Point, ACP Sh. Jasmeet Singh noticed an off white coloured TATA 407 Tempo rashly driven, which was being chased by official gypsy of ACP Alipur on which they also started chasing the said tempo (proved by ACP Sh. Jasmeet Singh PW34, Jagtender Singh PW50, HC Rakesh PW56 and Ct. Desh Raj - PW58).
➢ That the occupants of the tempo i.e. TATA 407 (offending vehicle) were continuously firing and throwing stones at the official vehicles on which ACP Sh. Jasmeet Singh took the Glock Pistol from his Operator Ct. Rakesh who was sitting besides the driver on St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 474 the front seat and he aimed at the rear tyre of the said tempo and fired after which the said tempo took a right turn towards the Ring Road, Madhuban Chowk, Underpass (proved by ACP Sh. Jasmeet Singh PW34, Jagtender Singh PW50, HC Rakesh PW56 and Ct. Desh Raj - PW58).
➢ That on Red Light of the Outer Ring Road the said Tata 407 jumped red signal and dangerously turned towards right in the direction of Madhuban Chowk on which ACP Sh. Rajeev Ranjan again fired from his 9 mm pistol towards the offending vehicle, but the driver of the said vehicle did not stop the vehicle (proved by ACP Sh. Rajeev RanjanPW35, Ct. Balkar Singh PW60 and Ct.
Ankit - PW67).
➢ That when the said vehicle crossed Madhuban Chowk underpass, one of the rounds fired by the criminals sitting on the Tata 407 vehicle fired towards the vehicle of ACP Sh. Rajeev Ranjan as a result of which the wind screen of his government gypsy broke and the bullet hit his driver Ct. Balkar on his right shoulder and he received a firearm injury (proved by ACP Sh. Rajeev Ranjan PW35, Ct. Balkar Singh PW60 and Ct. Ankit - PW67).
➢ That ACP Sh. Rajeev Ranjan again fired two rounds towards the said Tata 407 but one of the round misfired and Ct. Balkar kept driving the gypsy despite his injury (proved by ACP Sh. Rajeev RanjanPW35, Ct. Balkar Singh PW60 and Ct. Ankit - PW67).St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 475
➢ That while SI Mukesh Antil along with his staff were checking near the police picket Peeragarhi, at around 2:00 AM they received a wireless message that on the intersection of Sector 1617 Rohini on the dividing road some persons had committed cattle theft and also fired on the police party and they were directed to check the various vehicles and at that time SHO Mangolpuri and Inspector Satya Prakash and the remaining staff were also present with them at Peera Garhi Flyover (proved by Inspector Mukesh Antil PW37, ASI Jaipal PW51, HC Jitender PW52 and Ct. Umesh - PW62).
➢ That on receipt of this information, SI Mukesh Antil moved towards Deepali Chowk and as soon as they reached near Deepali Chowk they saw that one TATA 407 of white color coming from Madhuban Chowk side and there were two police vehicles i.e. one gypsy and a Qualis were chasing the offending vehicle (proved by Inspector Mukesh Antil PW37, ASI Jaipal PW51, HC Jitender PW52 and Ct. Umesh - PW62).
➢ That SI Mukesh Antil noticed that firing was going on from both the sides and some persons sitting in the Tata 407 of white color were throwing stones on the police vehicles (proved by Inspector Mukesh Antil PW37, ASI Jaipal PW51, HC Jitender PW52 and Ct. Umesh - PW62).
➢ That SI Mukesh Antil also started chasing the said vehicle and during this firing, the left tyre of Tata 407 which was being chased St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 476 had been hit but still the said vehicle was moving and he also made a return fire (proved by Inspector Mukesh Antil PW37, ASI JaipalPW51, HC Jitender PW52 and Ct. Umesh - PW62).
➢ That after turning left from Deepali Chowk, ACP Sh. Rajeev Ranjan asked his driver Ct. Balkar to stop the vehicle and to sit on the back seat of the gypsy in view of his injury and directed Operator Ct. Ankit to drive the gypsy and then they started chasing in the directions of offending Tata 407 which had again turned left near Haryana Maitri Bhawan (proved by ACP Sh. Rajeev Ranjan PW35, Ct. Balkar Singh PW60 and Ct. Ankit - PW67).
➢ That the offending tempo then hit the police barricades on the way on which ACP Jasmeet Singh fired towards the tyre of the tempo after taking an aim (proved by ACP Sh. Jasmeet Singh PW34, Jagtender Singh PW50, HC Rakesh PW56 and Ct. Desh Raj -
PW58).
➢ That the offending tempo then took a left turn from the side of Bikaner Sweets and the tempo then headed towards Jheel Wala Park on which ACP Sh. Rajeev Ranjan again fired towards the offending Tata 407 (proved by ACP Sh. Rajeev RanjanPW35 and Ct. Ankit - PW67).
➢ That the rear left tyre of the offending Tata 407 completely burst due to firing by the police party and the rear right tyre was punctured and the vehicle itself was tilting towards left and St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 477 swerving dangerously and it hit the footpath near Jheel Wala Park and stopped (proved by ACP Sh. Jasmeet Singh - PW34, ACP Sh. Rajeev Ranjan PW35, Inspector Mukesh Antil PW37, Jagtender Singh - PW50, ASI Jaipal - PW51, HC Jitender - PW52, HC Rakesh - PW56, Ct. Desh Raj - PW58, Ct. Umesh - PW62 and Ct. Ankit - PW67).
➢ That about seveneight cattle lifters jumped out of the off white offending tempo and ran in different directions (proved by ACP Sh. Jasmeet Singh - PW34, ACP Sh. Rajeev RanjanPW35, Inspector Mukesh Antil PW37, Jagtender Singh - PW50, ASI Jaipal - PW51, HC Jitender - PW52, HC Rakesh - PW56, Ct. Desh Raj - PW58, Ct. Umesh - PW62 and Ct. Ankit - PW67).
➢ That the pursuing police parties also chased the criminals and the Operator of ACP Sh. Rajeev Ranjan namely Ct. Ankit caught one of the criminals who on inquiry disclosed his name as Ankur (proved by ACP Sh. Rajeev RanjanPW35 and Ct. Ankit - PW67). ➢ That since the Qualis of ACP Sh. Jasmeet Singh was on right side, he saw one person who jumped out of drivers cabin from the driver's side seat on which ACP Sh. Jasmeet Singh came out of his vehicle and warned him to stop (proved by ACP Sh. Jasmeet Singh PW34, Jagtender Singh PW50, HC Rakesh PW56 and Ct. Desh Raj - PW58).
➢ That the said person was of approximate 5' 4", light beard, about St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 478 25 years of age and the said person did not stop even after being warned on which ACP Sh. Jasmeet Singh fired one round aiming towards his feet, however that person jumped the wall of Jheel Wala Park and escaped whose name he came to know later on as Tasleem (proved by ACP Sh. Jasmeet Singh PW34, Jagtender Singh PW50, HC Rakesh PW56 and Ct. Desh Raj - PW58). ➢ That SI Mukesh Antil and his party also chased the assailants and apprehended one person whose name they later on came to know as Sanwar S/o Ibrahim, R/o Village Nahal, Police Station Massorie, District Ghaziabad and from the casual search of Sanwar a loaded country made katta with one live round was recovered (proved by Inspector Mukesh Antil PW37, ASI Jaipal PW51, HC Jitender PW52 and Ct. Umesh - PW62).
➢ That two other assailants namely Anwar and Khalid were also apprehended by police officials and one assailant namely Yakub was found lying unconscious in the back side of offending Tata 407 vehicle who was handed over to PCR (proved by ACP Sh. Jasmeet Singh - PW34, ACP Sh. Rajeev Ranjan PW35, Inspector Mukesh Antil PW37, Jagtender Singh - PW50, ASI Jaipal - PW51, HC Jitender - PW52, HC Rakesh - PW56, Ct. Desh Raj - PW58, Ct. Balkar Singh - PW60, Ct. Umesh - PW62 and Ct. Ankit - PW67). ➢ That a long barrel country made Katta had fallen on the road towards the driver side seat and another country made pistol with St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 479 one round in the chamber and two rounds in the Magazine was found lying in the dash board of the offending vehicle i.e. Tata 407 (proved by ACP Sh. Jasmeet Singh - PW34, ACP Sh. Rajeev Ranjan PW35, Inspector Mukesh Antil PW37).
➢ That on the rear side of the offending vehicle a leather belt containing eleven live cartridges and one desi katta was also found (proved by ACP Sh. Jasmeet Singh - PW34, ACP Sh. Rajeev Ranjan PW35, Inspector Mukesh Antil PW37).
➢ That there were three cows, one calf and one buffalo on the rear side of the offending vehicle and some stones were also lying on the rear side of the offending vehicle i.e. Tata 407 (proved by ACP Sh. Jasmeet Singh - PW34, ACP Sh. Rajeev Ranjan PW35, Inspector Mukesh Antil PW37, Jagtender Singh - PW50, ASI Jaipal - PW51, HC Jitender - PW52, HC Rakesh - PW56, Ct. Desh Raj - PW58, Ct. Balkar Singh - PW60, Ct. Umesh - PW62 and Ct. Ankit - PW67).
➢ That the Driver of ACP Alipur Sh. Rajeev Ranjan had received gunshot injury on his shoulder due to firing by the accused persons who were in offending TATA 407 tempo in which they were carrying the cattle and during the chase (proved by ACP Sh. Rajeev RanjanPW35, Ct. Balkar Singh PW60 and Ct. Ankit - PW67). ➢ That the accused Ankur, Anwar, Sanwar and Khalid were taken to the hospital where they were provided Medical Treatment and their St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 480 hand wash were also taken by the doctors and seized (Dr. Bhawna- PW27, Dr. Nikunj - PW28, Dr. Saurabh - PW29, Sh. K.C. Varshney - PW40 and Inspector Om Dutt Vats - PW53). ➢ That on the basis of the information sent to the Police Station Subhash Place Inspector Om Dutt Vats reached the spot and recorded the statement of SI Mukesh Antil on the basis of which the present FIR was registered and the accused Ankur Kumar, Anwar, Sanwar and Khalid were arrested (proved by Ct. Amin Khan - PW22, Inspector Mukesh Antil - PW37 and Inspector Om Dutt Vats - PW53).
➢ That on the next day i.e. 20.1.2013 on the identification of Civil Defence Volunteer Jagtender Singh, the accused Mohd. Tasleem was apprehended from opposite Jagdamba Hospital, Hapur Road, Meerut, Uttar Pradesh (proved by HC Birender Singh - PW9, HC Lalit - PW10, Jagtender Singh - PW50 and SI Ramesh Sharma - PW65).
➢ That at that time the accused Tasleem was having a plaster on right lower limb below the knee since he was having gun shot injuries (proved by HC Birender Singh - PW9, HC Lalit - PW10, Jagtender Singh - PW50 and SI Ramesh Sharma - PW65). ➢ That 30.1.2013 at about 6:20 AM pursuant to a secret information the accused Hasrat S/o Yusuf was apprehended from Metro Station Seelampur and was arrested in this case (proved by HC St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 481 Ramesh Kumar - PW69 and Inspector Sushil Kumar PW70). ➢ That during Test Identification Parade the accused refused to participate and on 31.1.2013 during Police Custody Remand the accused Hasrat was identified by Inspector Mukesh Antil as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38 AS2616 who managed to escape from the spot after jumping the wall of the park (proved by Inspector Mukesh Antil - PW37 and Inspector Sushil Kumar PW70).
➢ That on 16.02.2013 SI Amit of Police Station Badarpur informed Inspector Sushil Kumar about the arrest of accused Asif pursuant to which on 19.02.2013 accused Asif was arrested from the Rohini Court after taking permission from the Court (proved by HC Ramesh Kumar - PW69 and Inspector Sushil Kumar PW70). ➢ That application for Test Identification Parade of accused Asif was moved but the accused refused to participate in the same after which Asif was remanded to three days Police Custody Remand (proved by HC Ramesh Kumar - PW69 and Inspector Sushil Kumar - PW70).
➢ That on 22.2.2013 Inspector Mukesh Antil came in the office of Crime Branch Sector14 Rohini and identified the accused Asif S/o Yunus as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 482 bearing No. HR38 AS 2616 who managed to escape from the spot after jumping the wall of the park (proved by Inspector Mukesh Antil - PW37 and Inspector Sushil Kumar PW70). (315) It has been established that the sole motive for the offence in question was to lift/ steal/ commit theft of cattle for purposes of illegal slaughtering and in case of resistance or obstruction in achieving of this object, to meet the same by use of illegal force even if it was by killing the person so causing obstruction and in order to meet this objective a Criminal Conspiracy was hatched and executed thereof. (316) The medical evidence on record in the form of MLCs of the accused Anwar, Sanwar, Khalid, Ankur Kumar, Tasleem, Hasrat and Asif; postmortem report of Yakub; MLC of injured Ct. Balkar and postmortem report of the deceased cow conclusively establishes and confirms the version put forth by the prosecution. The MLC of accused Anwar establishes that he had received two lacerated wounds i.e. one on left thigh and second on left buttock area; the MLC of accused Sanwar establishes that he was having injuries on the parietal area of his scalp; the MLC of accused Khalid establishes that in the incident he had received fracture in his left forearm and metacarpal. Also, the MLC of Ct. Balkar Singh confirms that he was brought to Bhagwan Mahavir Hospital with alleged history of having sustained gun shot injury on his right shoulder while chasing the criminals and the perusal of the MLC confirms the corresponding injury on his right shoulder. Further, the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 483 Medical Record of accused Tasleem establishes that the accused Tasleem was having gun shot injuries on his right leg. It stands conclusively established from the medical evidence that at the time of his arrest the accused Tasleem was having a dressing in his leg a fact which even the accused does not deny. Also, the postmortem report of the deceased Yakub establishes that the death of the accused was caused due to cranio cerebral damage consequent upon fire arm ammunition injury to the head (Injury no.1) and penetrating trauma to the head (Injury No.3) which were individually and collectively sufficient to cause death in ordinary course of nature. The forensic report establishes that the bullets recovered from the clothing and body of the deceased were fired through the official Rifle AK47 issued to Ct. Desh Raj and was being used by ACP Sh. Jasmeet Singh which is compatible to the other evidence brought on record by the prosecution.
(317) The Forensic Evidence in the form of Ballistic Report establishes the prosecution case that there was a crossfiring and the police party had to fire only in their defence since the accused were having heavy arms and ammunition. The Ballistic Report not only corroborates and confirms the prosecution version but also conclusively connects the accused with the offences alleged and the accused have not been able to controvert the same. Further, the Forensic Report (Physics) confirms the presence of various firearms at the spot of the incident and also in the offending vehicle. It stands established that there were skid St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 484 marks and the back left tyre of the offending vehicle was severed and pieces of tyre was lying at the spot confirming the prosecution version that the offending tempo Tata 407 had moved even after damage of back left tyre. It further stands established that there were cracks/ damage on right part of wind screen of Tata 407 bearing registration No. HR38 AS2616 and there were cracks on windscreen of Maruti Gypsy bearing registration No. DL1CJ7412 with one hole which corroborates the Ballistic Report and the Ocular Evidence thereby confirming the firing on the police vehicle i.e. Maruti Gypsy bearing No. DL1CJ7412 following the assailants in Tata 407 from the back side. Also, the DNA Report conclusively establishes that the blood found on the stones lying in the offending vehicle belonged to the deceased accused Yakub. (318) The Wireless Transmission Messages through Radio Waves which have been brought before this Court as evidence, which the accused have failed to rebut and controvert, lends independent support and credence to the Ocular Evidence which has been brought on record by the prosecution and confirm the prosecution version. (319) The photographs of the spot so taken at the spot by Ct. Subhash and Ct. Hans Raj and proved by them confirm the oral version and also establish the presence of the police vehicles as well as the offending vehicle, illegal firearms from the offending tempo, cartridge cases, cattle, skid marks on the road, broken barricade, bullet marks on the wind screen of police gypsies and blood spots. Further, the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 485 mechanical inspection reports not only confirm the testimonies of the various prosecution witnesses but lends credence and support to the other evidence which has come on record. The photographs of the offending vehicle and the Mechanical Inspection Reports also confirms that most of the firing done on the offending vehicle by the police officials was aimed at its tyres with the object of stopping the accused and preventing their escape. The evidence on record confirms that the force used by the police officials was legitimate, non excessive and justified under the given circumstances.
(320) 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. (321) The prosecution has proved the identity of the accused, the manner in which the offence has been committed, place of commission of 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 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 486 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. (322) On the basis of the evidence which has come on record in the form of oral testimonies of the various witnesses, forensic reports, medical reports, electronic evidence and other circumstantial evidence I hereby hold that the prosecution has been able to successfully establish that the accused persons entered into a criminal conspiracy to commit theft of cattle for purposes of slaughtering and in pursuance to the same the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif along with Yakub (since expired) on the intervening night of 1819.1.2013 between 2:00 AM to 2:55 AM the accused lifted three cows, one calf and one buffalo from the Dividing Road of Sector 1617, Rohini and when they were transporting the the above animals in Tata 407 Tempo for the purpose of slaughtering or with the knowledge that the same were likely to be slaughtered. It also stands established that in pursuance to the above criminal conspiracy all the accused persons voluntarily obstructed ACP Sh. Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar in discharge of their public function and also assaulted/ used criminal force against the above public servants in the execution of their duties as such public servants or with intent to prevent or deter such police officials in St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 487 discharging their duties and voluntarily caused hurt to Ct. Balkar Singh. Further, it has been established that all the accused persons in pursuance to the above criminal conspiracy continuously fired upon the police officials i.e. ACP Sh. Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar 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. The prosecution has also been able to prove and establish that all the accused in pursuance of the criminal conspiracy also committed mischief by firing upon the police vehicles Tata 407 bearing No. DL1LK9515 and police Gypsy bearing No. DL1CM4596 which are public properties. Further, it has been established that the accused Sanwar, Anwar, Hasrat and Asif were having illegal firearms with which they fired at the police officials.
(323) Hence, in view of the above I hereby conclude that the following charges stand established against the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif for which they are hereby convicted:
1. Section 120B Indian Penal Code.
2. Section 120B Indian Penal Code read with Section 5 of Delhi Agriculture Cattle Preservation Act and also under Section 5 of Delhi Agriculture Cattle Preservation Act.
3. Section 120B Indian Penal Code read with Section 186 Indian St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 488 Penal Code and also under Section 186 Indian Penal Code.
4. Section 120B Indian Penal Code read with Section 332 Indian Penal Code and also under Section 332 Indian Penal Code.
5. Section 120B Indian Penal Code read with Section 353 Indian Penal Code and also under Section 353 Indian Penal Code.
6. Section 120B Indian Penal Code read with Section 307 Indian Penal Code and also under Section 307 Indian Penal Code.
7. Section 120B Indian Penal Code read with Section 3 of Prevention of Damage to Public Property Act and also under Section 3 of Prevention of Damage to Public Property Act.
(324) Further, the accused Sanwar, Anwar, Hasrat and Asif are also held guilty of the offence under Section 25 and 27 of Arms Act. (325) However, no findings are being given on the charge under Section 482 Indian Penal Code the investigation and trial of which is required to be conducted by the competent court before whom the offence under Section 379 and 411 IPC is being tried as regards the theft/ recovery of vehicle i.e. TATA 407 bearing No. HR38AS2616 (offending vehicle in the present case).
(326) Be listed for arguments on sentence on 25.9.2014.
Announced in the open court (Dr. KAMINI LAU)
Dated: 22.9.2014 ASJII(NW)/ ROHINI
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 489
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS JUDGEII (NORTHWEST): ROHINI COURTS: DELHI Session Case No. 103/2013 Unique Case ID No. 02404R0105262013 State Vs. (1) Ankur Kumar S/o Satpal R/o Village Nahal, PS Masoori, Distt. Ghaziabad, U.P. (Convicted) (2) Anwar S/o Tassawar R/o Village Nahal, PS Masoori, Distt. Ghaziabad, U.P. (Convicted) (3) Sanwar S/o Ibrahim R/o Village Nahal, PS Masoori, Distt. Ghaziabad, U.P. (Convicted) (4) Khalid S/o Sagir R/o Village Nahal, PS Masoori, Distt. Ghaziabad, U.P. (Convicted) (5) Tasleem S/o Mursleen R/o Village Nahal, PS Masoori, Distt. Ghaziabad, U.P. (Convicted) St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 490 (6) Hasrat S/o Yusuf R/o Village Nahal, PS Masoori, Distt. Ghaziabad, U.P. (Convicted) (7) Asif S/o Yunus R/o Village Ajrala, PS Mundali, Distt. Meerut, U.P. (Convicted) 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 5 of Delhi Agriculture Cattle Preservation Act Date of conviction: 22.09.2014 Arguments heard on: 7.10.2014 Date of sentence: 9.10.2014 APPEARANCE:
Present: Ms. Raj Rani Addl. Public Prosecutor for the State.
All the convicts are in Judicial Custody with Sh. Abhishek Kaushik, Sh. Sunil Tomar and Ms. Neelam Singh Advocates/ Amicus Curiae.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 491
ORDER ON SENTENCE:
The case in hand relates to an encounter which took place between a Deadly Gang of Cattle Lifters and the Police in Outer District on the Intervening night of 1819.1.2013. The prosecution case is that on or before 19.1.2013 all the accused namely Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif along with Yakub (since expired) had hatched a criminal conspiracy to lift the cows and buffaloes for slaughtering and in case of any resistance or obstructions by any one to kill and in pursuance to the above criminal conspiracy on the intervening night of 1819.1.2013 between 2:00 AM to 2:55 AM the accused lifted three cows, one calf and one buffalo from the Dividing Road of Sector 1617, Rohini and when they were transporting the the above animals in Tata 407 Tempo for the purpose of slaughtering or with the knowledge that the same were likely to be slaughtered. While trying to flee away along with these cattle accused were spotted and asked to stop but they instead threw stones/ mountain rocks on police and indiscriminately fired at them. They were followed/ chased and finally intercepted on Road No. 44, near Jheel Wala Park, Opposite Bus Stop Lok Vihar, Delhi and five of the assailants apprehended (including deceased Yakub) whereas three managed to flee and the animals/ cattle rescued. It has been thus alleged that in pursuance to the above criminal conspiracy all the accused persons voluntarily obstructed ACP Sh. Jasmeet Singh, ACP Sh. Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 492
Balkar in discharge of their public function and also assaulted/ used criminal force against the above public servants in the execution of their duties as such public servants or with intent to prevent or deter such police officials in discharging their duties. Further, as per the allegations all the accused persons in pursuance of their criminal conspiracy voluntarily caused hurt to Ct. Balkar Singh being a public servant in discharge of his duty as such public servant or with intent to deter police officials including Ct. Balkar being a public servant from discharging their duty as such public servant. It has also been alleged that all the accused namely Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif in pursuance to the above criminal conspiracy continuously fired upon the police officials i.e. ACP Sh. Jasmeet Singh, ACP Sh.
Rajeev Ranjan, SI Mukesh Antil, HC Jaipal, Ct. Jitender, Ct. Umesh and Ct. Balkar 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. It is also alleged that all the accused in pursuance of the criminal conspiracy were using the Tata 407 with fake number plate as HR38AS2616 in place of the original number plate of DL1LR2012 and also committed mischief by firing upon the police vehicles Tata 407 bearing No. DL1LK9515 and police Gypsy bearing No. DL1CM4596 which are public properties. Also, as per the allegations the accused Sanwar, Anwar, Hasrat and Asif were in possession of illegal firearms with which they fired at the police officials.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 493
On the basis of the testimonies of the various prosecution witnesses particularly ACP Sh. Rajeev Ranjan, ACP Sh. Jasmeet Singh, Inspector Mukesh Antil and also HC Jai Bhagwan, SI Lalit, Ct. Gaurav, Jagtender Singh, ASI Jaipal Singh, HC Jitender, SI Kanwaljeet, HC Rakesh, Ct. Umesh, HC Parveen Kumar, Ct. Satish Kumar and Ct. Ankit who are eye witnesses to the incident being members of the Police Teams who had followed the accused in the offending vehicle amongst others and so also on the basis of the medical, forensic and other evidence including circumstantial evidence which has come on record, this Court has vide a detailed judgment held the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif guilty of the offence under Section 120B Indian Penal Code; Section 120B Indian Penal Code read with Section 5 of Delhi Agriculture Cattle Preservation Act and also under Section 5 of Delhi Agriculture Cattle Preservation Act;
Section 120B Indian Penal Code read with Section 186 Indian Penal Code and also under Section 186 Indian Penal Code; Section 120B Indian Penal Code read with Section 332 Indian Penal Code and also under Section 332 Indian Penal Code; Section 120B Indian Penal Code read with Section 353 Indian Penal Code and also under Section 353 Indian Penal Code; Section 120B Indian Penal Code read with Section 307 Indian Penal Code and also under Section 307 Indian Penal Code; Section 120B Indian Penal Code read with Section 3 of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 494 Prevention of Damage to Public Property Act and also under Section 3 of Prevention of Damage to Public Property Act.
Further, the accused Sanwar, Anwar, Hasrat and Asif have also been held guilty of the offence under Section 25 and 27 of Arms Act. However, no findings are being given on the charge under Section 482 Indian Penal Code the investigation and trial of which is required to be conducted by the competent court before whom the offence under Section 379 and 411 IPC is being tried as regards the theft/ recovery of vehicle i.e. Tata 407 bearing No. HR38AS2616 (offending vehicle in the present case).
Vide the detail judgment this Court has observed that the prosecution has been able to prove and establish that Sumer Singh a resident of house No. A94, Village Shahbad Daulatpur, Delhi is running a diary and is owning a large number of cows and buffaloes which he used to tie in a plot adjoining his house and also in a park; that on the intervening night of 18/19.01.2013 at about 2:00 AM (midnight) Sumer Singh heard some noise coming from the park and when he went to the park he saw that fivesix persons were opening the ropes of the cows which were tied to the khunti; that there was a tempo of TATA 407 of a cream color parked there with cattle inside the same and three to four persons standing near the tempo; that Sumer Singh raised an alarm of chorchor, on which a large number of neighbors and residents of the area came out and collected with lathi and dandas; that on seeing this the said St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 495 boys who were in the age group of 2530 years fired threefour rounds and thereafter went into a tempo and escaped towards Muskan Apartment; that Sumer Singh immediately made a 100 number call on which the police officials came from Sector 17, Rohini.
The prosecution has also been able to prove and establish that in the intervening night of 1819 January 2013, Sh. Rajeev Ranjan the then ACP Alipur was on Convoy Patrolling along with other police officers of the Outer District and Ct. Balkar was his driver and Ct. Ankit was his operator who was also carrying a 9mm pistol and 9 live cartridges of 9mm, in his government gypsy no. DL 1CJ 7412; that on the intervening night of 1819.01.2013, Sh. Jasmeet Singh the then ACP Sultan Puri started patrolling at about 12.00 Midnight, along with his staff i.e. driver HC Chela Ram, Operator Ct. Rakesh having Glock Pistol with ten rounds sitting besides the Driver Ct. Desh Raj with AK47 with twenty rounds and Civil Defence Volunteer Jagtender Singh sitting at the rear seat in his official Qualis Vehicle whereas he himself was sitting in the middle seat; that after some time when ACP Sh. Jasmeet Singh left for patrolling, his Driver Chela Ram complained that he was having pain in his hand and on his instructions the Civil Defence Volunteer Jagtender Singh started driving his vehicle. Further, it has been established that on the same intervening night of 18.01.2013 and 19.01.2013, SI Mukesh Antil of Police Station Mangol Puri was on patrolling duty in the TATA 407 Tempo bearing no. DL1LK9515 along with the staff comprising of HC St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 496 Jai Pal, Ct. Jitendra, Ct. Umesh and driver Ct. Vijay Pal and at around 2:00 AM at night a wireless message was flashed that near the dividing road of Sector 1617, Rohini, some criminals have robbed cattle in a vehicle and have also fired and therefore checking was started for the offending vehicle; that simultaneously at that time ACP Sh. Rajeev Ranjan was near village Daulatpur i.e. near the Dividing Road of Sector 1617, Rohini, when on hearing this message of wireless set he along with his staff also started searching for the offending vehicle; that at around 2:20 AM when ACP Sh. Rajeev Ranjan reached at K N Katju Marg he spotted a Tata 407 vehicle driving at very high speed in the directions of Outer Ring Road and there were cattle loaded on the back of the Tata 407 bearing no. HR 38AS 2616 and four to five persons were sitting on the backside of the said vehicle; that Operator Ct. Ankit signaled the said vehicle to stop but the said vehicle speededup and overtook the gypsy of ACP Sh. Rajeev Ranjan and they started chasing the said Tata 407 vehicle and transmitted the message on wireless; that the persons on the back of the said Tata 407 started pelting stones on them and also fired upon them and in their selfdefence, ACP Sh. Rajeev Ranjan took the 9 mm pistol from Ct. Ankit and fired towards the tyre of the offending Tata 407 vehicle and one of his round misfired on which he again fired a second round; that on hearing the WT message by ACP Alipur Sh. Rajeev Ranjan, the ACP Sultan Puri Sh. Jasmeet Singh was alerted and he headed towards K N Katju Marg; that on reaching near Sachdeva School St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 497 T Point, ACP Sh. Jasmeet Singh noticed an off white coloured TATA 407 Tempo rashly driven, which was being chased by official gypsy of ACP Alipur on which they also started chasing the said tempo; that the occupants of the tempo i.e. TATA 407 (offending vehicle) were continuously firing and throwing stones at the official vehicles on which ACP Sh. Jasmeet Singh took the Glock Pistol from his Operator Ct. Rakesh who was sitting besides the driver on the front seat and he aimed at the rear tyre of the said tempo and fired after which the said tempo took a right turn towards the Ring Road, Madhuban Chowk, Underpass; that on Red Light of the Outer Ring Road the said Tata 407 jumped red signal and dangerously turned towards right in the direction of Madhuban Chowk on which ACP Sh. Rajeev Ranjan again fired from his 9 mm pistol towards the offending vehicle, but the driver of the said vehicle did not stop the vehicle; that when the said vehicle crossed Madhuban Chowk underpass, one of the rounds fired by the criminals sitting on the Tata 407 vehicle fired towards the vehicle of ACP Sh. Rajeev Ranjan as a result of which the wind screen of his government gypsy broke and the bullet hit his driver Ct. Balkar on his right shoulder and he received a firearm injury; that ACP Sh. Rajeev Ranjan again fired two rounds towards the said Tata 407 but one of the round misfired and Ct. Balkar kept driving the gypsy despite his injury.
The prosecution has also been able to prove and establish that while SI Mukesh Antil along with his staff were checking near the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 498 police picket Peeragarhi, at around 2:00 AM they received a wireless message that on the intersection of Sector 1617 Rohini on the dividing road some persons had committed cattle theft and also fired on the police party and they were directed to check the various vehicles and at that time SHO Mangolpuri and Inspector Satya Prakash and the remaining staff were also present with them at Peera Garhi Flyover; that on receipt of this information, SI Mukesh Antil moved towards Deepali Chowk and as soon as they reached near Deepali Chowk they saw that one TATA 407 of white color coming from Madhuban Chowk side and there were two police vehicles i.e. one gypsy and a Qualis were chasing the offending vehicle; that SI Mukesh Antil noticed that firing was going on from both the sides and some persons sitting in the Tata 407 of white color were throwing stones on the police vehicles; that SI Mukesh Antil also started chasing the said vehicle and during this firing, the left tyre of Tata 407 which was being chased had been hit but still the said vehicle was moving and he also made a return fire.
It has also been established that after turning left from Deepali Chowk, ACP Sh. Rajeev Ranjan asked his driver Ct. Balkar to stop the vehicle and to sit on the back seat of the gypsy in view of his injury and directed Operator Ct. Ankit to drive the gypsy and then they started chasing in the directions of offending Tata 407 which had again turned left near Haryana Maitri Bhawan; that the offending tempo then hit the police barricades on the way on which ACP Jasmeet Singh fired St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 499 towards the tyre of the tempo after taking an aim; that the offending tempo then took a left turn from the side of Bikaner Sweets and the tempo then headed towards Jheel Wala Park on which ACP Sh. Rajeev Ranjan again fired towards the offending Tata 407; that the rear left tyre of the offending Tata 407 completely burst due to firing by the police party and the rear right tyre was punctured and the vehicle itself was tilting towards left and swerving dangerously and it hit the footpath near Jheel Wala Park and stopped; that about seveneight cattle lifters jumped out of the off white offending tempo and ran in different directions; that the pursuing police parties also chased the criminals and the Operator of ACP Sh. Rajeev Ranjan namely Ct. Ankit caught one of the criminals who on inquiry disclosed his name as Ankur. The prosecution has also been able to prove and establish that since the Qualis of ACP Sh. Jasmeet Singh was on right side, he saw one person who jumped out of drivers cabin from the driver's side seat on which ACP Sh. Jasmeet Singh came out of his vehicle and warned him to stop; that the said person was of approximate 5' 4", light beard, about 25 years of age and the said person did not stop even after being warned on which ACP Sh. Jasmeet Singh fired one round aiming towards his feet, however that person jumped the wall of Jheel Wala Park and escaped whose name he came to know later on as Tasleem; that SI Mukesh Antil and his party also chased the assailants and apprehended one person whose name they later on came to know as Sanwar S/o Ibrahim, R/o Village Nahal, Police Station Massorie, St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 500 District Ghaziabad and from the casual search of Sanwar a loaded country made katta with one live round was recovered; that two other assailants namely Anwar and Khalid were also apprehended by police officials and one assailant namely Yakub was found lying unconscious in the back side of offending Tata 407 vehicle who was handed over to PCR; that a long barrel country made Katta had fallen on the road towards the driver side seat and another country made pistol with one round in the chamber and two rounds in the Magazine was found lying in the dash board of the offending vehicle i.e. Tata 407; that on the rear side of the offending vehicle a leather belt containing eleven live cartridges and one desi katta was also found; that there were three cows, one calf and one buffalo on the rear side of the offending vehicle and some stones were also lying on the rear side of the offending vehicle i.e. Tata 407; that the Driver of ACP Alipur Sh. Rajeev Ranjan had received gunshot injury on his shoulder due to firing by the accused persons who were in offending TATA 407 tempo in which they were carrying the cattle and during the chase; that the accused Ankur, Anwar, Sanwar and Khalid were taken to the hospital where they were provided Medical Treatment and their hand wash were also taken by the doctors and seized.
This Court has further observed that the prosecution has been able to prove and establish that on the basis of the information sent to the Police Station Subhash Place Inspector Om Dutt Vats reached the spot and recorded the statement of SI Mukesh Antil on the basis of which St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 501 the present FIR was registered and the accused Ankur Kumar, Anwar, Sanwar and Khalid were arrested; that on the next day i.e. 20.1.2013 on the identification of Civil Defence Volunteer Jagtender Singh, the accused Mohd. Tasleem was apprehended from opposite Jagdamba Hospital, Hapur Road, Meerut, Uttar Pradesh; that at that time the accused Tasleem was having a plaster on right lower limb below the knee since he was having gun shot injuries; that 30.1.2013 at about 6:20 AM pursuant to a secret information the accused Hasrat S/o Yusuf was apprehended from Metro Station Seelampur and was arrested in this case; that during Test Identification Parade the accused refused to participate and on 31.1.2013 during Police Custody Remand the accused Hasrat was identified by Inspector Mukesh Antil as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38AS2616 who managed to escape from the spot after jumping the wall of the park; that on 16.02.2013 SI Amit of Police Station Badarpur informed Inspector Sushil Kumar about the arrest of accused Asif pursuant to which on 19.02.2013 accused Asif was arrested from the Rohini Court after taking permission from the Court (proved by HC Ramesh Kumar - PW69 and Inspector Sushil Kumar - PW70); that application for Test Identification Parade of accused Asif was moved but the accused refused to participate in the same after which Asif was remanded to three days Police Custody Remand; that on 22.2.2013 Inspector Mukesh Antil came in the office of Crime Branch Sector14 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 502 Rohini and identified the accused Asif S/o Yunus as the same person who was present along with his associates on the intervening night of 18/19.01.2013 in Tata 407 bearing No. HR38 AS 2616 who managed to escape from the spot after jumping the wall of the park.
It has been further observed by this court that the sole motive for the offence in question was to lift/ steal/ commit theft of cattle for purposes of illegal slaughtering and in case of resistance or obstruction in achieving of this object, to meet the same by use of illegal force even if it was by killing the person so causing obstruction and in order to meet this objective a Criminal Conspiracy was hatched and executed thereof. Further, the medical evidence on record in the form of MLCs of the accused Anwar, Sanwar, Khalid, Ankur Kumar, Tasleem, Hasrat and Asif; postmortem report of Yakub; MLC of injured Ct. Balkar and postmortem report of the deceased cow conclusively establishes and confirms the version put forth by the prosecution. The MLC of accused Anwar establishes that he had received two lacerated wounds i.e. one on left thigh and second on left buttock area; the MLC of accused Sanwar establishes that he was having injuries on the parietal area of his scalp; the MLC of accused Khalid establishes that in the incident he had received fracture in his left forearm and metacarpal. Also, the MLC of Ct. Balkar Singh confirms that he was brought to Bhagwan Mahavir Hospital with alleged history of having sustained gun shot injury on his right shoulder while chasing the criminals and the perusal of the MLC St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 503 confirms the corresponding injury on his right shoulder. Further, the Medical Record of accused Tasleem establishes that the accused Tasleem was having gun shot injuries on his right leg. It stands conclusively established from the medical evidence that at the time of his arrest the accused Tasleem was having a dressing in his leg a fact which even the accused does not deny. Also, the postmortem report of the deceased Yakub establishes that the death of the accused was caused due to cranio cerebral damage consequent upon fire arm ammunition injury to the head (Injury no.1) and penetrating trauma to the head (Injury No.3) which were individually and collectively sufficient to cause death in ordinary course of nature. The forensic report establishes that the bullets recovered from the clothing and body of the deceased were fired through the official Rifle AK47 issued to Ct. Desh Raj and was being used by ACP Sh. Jasmeet Singh which is compatible to the other evidence brought on record by the prosecution.
This Court has also observed that the Forensic Evidence in the form of Ballistic Report establishes the prosecution case that there was a crossfiring and the police party had to fire only in their defence since the accused were having heavy arms and ammunition. The Ballistic Report not only corroborates and confirms the prosecution version but also conclusively connects the accused with the offences alleged and the accused have not been able to controvert the same. Further, the Forensic Report (Physics) confirms the presence of various firearms at the spot of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 504 the incident and also in the offending vehicle. It stands established that there were skid marks and the back left tyre of the offending vehicle was severed and pieces of tyre was lying at the spot confirming the prosecution version that the offending tempo Tata 407 had moved even after damage of back left tyre. It further stands established that there were cracks/ damage on right part of wind screen of Tata 407 bearing registration No. HR38AS2616 and there were cracks on windscreen of Maruti Gypsy bearing registration No. DL1CJ7412 with one hole which corroborates the Ballistic Report and the Ocular Evidence thereby confirming the firing on the police vehicle i.e. Maruti Gypsy bearing No. DL1CJ7412 following the assailants in Tata 407 from the back side. Also, the DNA Report conclusively establishes that the blood found on the stones lying in the offending vehicle belonged to the deceased accused Yakub.
This Court has further observed that the Wireless Transmission Messages through Radio Waves which have been brought before this Court as evidence, which the accused have failed to rebut and controvert, lends independent support and credence to the Ocular Evidence which has been brought on record by the prosecution and confirm the prosecution version. The photographs of the spot so taken at the spot by Ct. Subhash and Ct. Hans Raj and proved by them confirm the oral version and also establish the presence of the police vehicles as well as the offending vehicle, illegal firearms from the offending tempo, St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 505 cartridge cases, cattle, skid marks on the road, broken barricade, bullet marks on the wind screen of police gypsies and blood spots. Further, the mechanical inspection reports not only confirm the testimonies of the various prosecution witnesses but lends credence and support to the other evidence which has come on record.
This being the background the accused Ankur Kumar, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif have been held guilty for the offences as detailed above and convicted for the same.
Heard arguments on the point of sentence. The convict Ankur is a young boy of 25 years having a family comprising of aged widow mother, three elder brothers and three sisters. He is 4th class pass and is a labour by profession.
The convict Anwar is a young boy of 22 years having a family comprising of aged parents, three elder brothers and three sisters. He is 3rd class pass and is a sweeper by profession.
The convict Sanwar is a young boy of 24 years having a family comprising of aged parents, five younger brothers, four younger sisters. He is totally illiterate and is a labour by profession.
The convict Khalid is a young boy of 23 years having a family comprising of aged widow mother, four brothers and one sister. He is 3rd class pass and is an Auto Driver by profession.
The convict Tasleem is a young boy of 25 years having a family comprising of aged parents, two younger brothers and seven St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 506 sisters. He is totally illiterate and is a Car Mechanic by profession.
The convict Hasrat is a young boy of 22 years having a family comprising of aged parents, two elder brothers and three sisters. He is totally illiterate and is a labour by profession.
The convict Asif is a young boy of 30 years having a family comprising of aged parents, four brothers and one sister. He is totally illiterate and is a Farmer by profession.
Ld. Amicus Curiae for the convicts have vehemently argued that the convicts are young boys and are helping hands to their respective families. 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 all the convicts are desperadoes and are involved in many other cases of similar nature. He has pointed out that the convict Anwar is involved in Five other cases, details of which are as under:
S. No FIR No Sections Police Station Status
1 24/2013 307/186/353/33 SHAHBAD DAIRY Pending Trial
2/412/120B/34
IPC
&25/27/54Arms
Act.
2 31/2013 307/398 IPC & K.N KATJU MARG Pending Trial
27 Arms Act.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 507
3 9/2013 392/34 IPC BURARI Pending Trial
4 6/2013 379/34 IPC DARYA GANJ Acquitted
5 4/2013 393/398/34 IPC BHALSWA DAIRY Pending Trial
In so far as the convict Sanwar is concerned, he is involved in Three other cases details of which are as under:
S. FIR No Sections Police Status No Station 1 24/13 395/397//457 IPC & SHAHBAD Pending Trial 25/27/54/59 Arms Act DAIRY & 5/12/11 DACP Act. 2 31/2013 307/398 IPC & 27 Arms K.N KATJU Pending Trial Act. MARG 3 01/2013 393/398/34 IPC BHALSWA Pending Trial DAIRY
The convict Khalid is involved in Four other criminal cases, details of which are as under:
S. FIR No Sections Police Station Status
No
1 24/2013 307/186/353/332/412/1 SHAHBAD Pending Trial
20B/34IPC DAIRY
&25/27/54Arms Act.
2 31/2013 307/398 IPC & 27 K.N KATJU Pending Trial
Arms Act. MARG
3 9/2013 392/34 IPC BURARI Pending Trial
4 01/2013 393/398/34 IPC BHALSWA Pending Trial
DAIRY
The convict Ankur Kumar is involved in three other cases, details of which are as under:
S. FIR Sections Police Station Status No No 1 24/13 395/397//457 IPC & SHAHBAD Pending Trial 25/27/54/59 Arms Act & DAIRY St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 508 5/12/11 DACP Act. 2 31/201 307/398 IPC & 27 Arms K.N KATJU Pending Trial 3 Act. MARG 3 01/201 393/398/34 IPC BHALSWA Pending Trial 3 DAIRY
The convict Tasleem is involved in Six other cases details of which are as under:
S. FIR No Sections Police Station Status
No
1 24/2013 307/186/353/332/412/1 SHAHBAD Pending Trial
20B/34IPC DAIRY
&25/27/54Arms Act.
2 31/2013 307/398 IPC & 27 K.N KATJU Pending Trial
Arms Act. MARG
3 01/2013 393/398/34 IPC BHALSWA Pending Trial
DAIRY
4 193/2013 307/186/353/427/34 SHAHADRA Untrace
IPC & 25/27 Arms Act
5 268/2013 379 IPC NANGLOI Untrace
6 523/2008 379/411 IPC NAJAFGARH Pending Trial
The convict Hasrat is involved in four other cases details of which are as under:
S. FIR No Sections Police Station Status
No
1 24/2013 395/397/457IPC & SHAHBAD Pending Trial
25/27/59 Arms Act DAIRY
& 5/12/11 DACP Act
2 06/2013 379/34 IPC DARYA GANJ Pending Trial
3 01/2013 393/398/34 IPC BHALSWA Pending Trial
DAIRY
4 600/2008 NDPS Act MASSORIE Pending Trial
5 601/2008 NDPS Act MASSORIE Pending Trial
The accused Asif is involved in Twenty other cases details of which are as under:
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 509
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
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. 94/2010 186/353/307/295 KANJHAWLA Pending Trial
AIPC & 25/27 A Act
& 3/4 , 5/8 PDPP Act
1984 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
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 510
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
Ld. Addl. PP for the State has prayed that a stern view be taken against the convicts keeping in view the previous criminal record.
I have considered the rival contentions and I may observe that the convicts Ankur, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif 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 Massorie, Ghaziabad 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 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 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 511 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 Massorie near Ghaziabad). 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 (Dhaula Kuan Rape Case). These criminals have least concern for law; for law abiding citizens and least for the of all, for the Religious 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 Ankur, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif 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 St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 512 and adversely affecting social order and faith of people in the System and hence it is 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 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 Ankur, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif 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; St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 513 Damage to Public Properties; Attempt to Murder, Obstructing Public Servant on Duty and causing injuries being armed with Deadly weapons while committed these offences. In fact some of them are also involved in cases of relating to Narcotic and Psychotropic Substances (NDPS) and 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. 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 Ankur, Anwar, Sanwar, Khalid, Tasleem, Hasrat and Asif deserve no mercy and I award the following sentence to them:
Ankur Kumar
1. For the offence under Section 120B Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.1,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of Five Days.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 514
2. For the offence under Section 120B Indian Penal Code read with Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
3. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
4. For the offence under Section 120B Indian Penal Code read with Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three (3) years.
5. For the offence under Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three years.
6. For the offence under Section 120B Indian Penal Code read with Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
7. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
8. For the offence under Section 120B Indian Penal Code read with Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 515
9. For the offence under Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
10. For the offence under Section 120B Indian Penal Code read with Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
11. For the offence under Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
12. For the offence under Section 120B Indian Penal Code read with Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
13. For the offence under Section 3 of Prevention of Damage to St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 516 Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
All the sentences as imposed herein above shall run concurrently.
Anwar:
1. For the offence under Section 120B Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.1,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of Five Days.
2. For the offence under Section 120B Indian Penal Code read with Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
3. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
4. For the offence under Section 120B Indian Penal Code read with Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three (3) years.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 517
5. For the offence under Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three years.
6. For the offence under Section 120B Indian Penal Code read with Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
7. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
8. For the offence under Section 120B Indian Penal Code read with Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
9. For the offence under Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
10. For the offence under Section 120B Indian Penal Code read with Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
11. For the offence under Section 5 of Delhi Agriculture Cattle St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 518 Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
12. For the offence under Section 120B Indian Penal Code read with Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
13. For the offence under Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
14. For the offence under Section 25 of 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 further undergo Simple Imprisonment for a period of Fifteen Days.
15. For the offence under Section 27 of Arms Act the convict is St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 519 sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.5,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
All the sentences as imposed herein above shall run concurrently.
Sanwar:
1. For the offence under Section 120B Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.1,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of Five Days.
2. For the offence under Section 120B Indian Penal Code read with Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
3. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
4. For the offence under Section 120B Indian Penal Code read with Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three (3) years.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 520
5. For the offence under Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three years.
6. For the offence under Section 120B Indian Penal Code read with Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
7. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
8. For the offence under Section 120B Indian Penal Code read with Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
9. For the offence under Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
10. For the offence under Section 120B Indian Penal Code read with Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
11. For the offence under Section 5 of Delhi Agriculture Cattle St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 521 Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
12. For the offence under Section 120B Indian Penal Code read with Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
13. For the offence under Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
14. For the offence under Section 25 of 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 further undergo Simple Imprisonment for a period of Fifteen Days.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 522
15. 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.5,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
All the sentences as imposed herein above shall run concurrently.
Khalid:
1. For the offence under Section 120B Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.1,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of Five Days.
2. For the offence under Section 120B Indian Penal Code read with Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
3. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
4. For the offence under Section 120B Indian Penal Code read with Section 332 Indian Penal Code the convict is sentenced to St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 523 Rigorous Imprisonment for a period of Three (3) years.
5. For the offence under Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three years.
6. For the offence under Section 120B Indian Penal Code read with Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
7. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
8. For the offence under Section 120B Indian Penal Code read with Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
9. For the offence under Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
10. For the offence under Section 120B Indian Penal Code read with Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 524
11. For the offence under Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
12. For the offence under Section 120B Indian Penal Code read with Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
13. For the offence under Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
All the sentences as imposed herein above shall run concurrently.
Mohd. Tasleem:
1. For the offence under Section 120B Indian Penal Code the St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 525 convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.1,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of Five Days.
2. For the offence under Section 120B Indian Penal Code read with Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
3. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
4. For the offence under Section 120B Indian Penal Code read with Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three (3) years.
5. For the offence under Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three years.
6. For the offence under Section 120B Indian Penal Code read with Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
7. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 526 years.
8. For the offence under Section 120B Indian Penal Code read with Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
9. For the offence under Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
10. For the offence under Section 120B Indian Penal Code read with Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
11. For the offence under Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
12. For the offence under Section 120B Indian Penal Code read with Section 3 of Prevention of Damage to Public Property Act the convict is sentenced to Rigorous Imprisonment for a period of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 527 Three (3) 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 15 days.
13. For the offence under Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
All the sentences as imposed herein above shall run concurrently.
Hasrat:
1. For the offence under Section 120B Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.1,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of Five Days.
2. For the offence under Section 120B Indian Penal Code read with Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
3. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 528 Months.
4. For the offence under Section 120B Indian Penal Code read with Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three (3) years.
5. For the offence under Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three years.
6. For the offence under Section 120B Indian Penal Code read with Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
7. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
8. For the offence under Section 120B Indian Penal Code read with Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
9. For the offence under Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
10. For the offence under Section 120B Indian Penal Code read with Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 529 Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
11. For the offence under Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
12. For the offence under Section 120B Indian Penal Code read with Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
13. For the offence under Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
14. For the offence under Section 25 of Arms Act the convict is St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 530 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 further undergo Simple Imprisonment for a period of Fifteen Days.
15. 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.5,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
All sentences as imposed herein above shall run concurrently. Asif:
1. For the offence under Section 120B Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Ten (10) years and fine to the tune of Rs.1,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of Five Days.
2. For the offence under Section 120B Indian Penal Code read with Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three Months.
3. For the offence under Section 186 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 531 Months.
4. For the offence under Section 120B Indian Penal Code read with Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three (3) years.
5. For the offence under Section 332 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Three years.
6. For the offence under Section 120B Indian Penal Code read with Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
7. For the offence under Section 353 Indian Penal Code the convict is sentenced to Rigorous Imprisonment for a period of Two (2) years.
8. For the offence under Section 120B Indian Penal Code read with Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
9. For the offence under Section 307 Indian Penal Code the convict is sentenced to Imprisonment for Life.
10. For the offence under Section 120B Indian Penal Code read with Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 532 Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
11. For the offence under Section 5 of Delhi Agriculture Cattle Preservation Act the convict is sentenced to Rigorous Imprisonment for a period of Five (5) years and fine to the tune of Rs.10,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
12. For the offence under Section 120B Indian Penal Code read with Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
13. For the offence under Section 3 of Prevention of Damage to Public Property 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 further undergo Simple Imprisonment for a period of 15 days.
14. For the offence under Section 25 of Arms Act the convict is sentenced to Rigorous Imprisonment for a period of Three (3) St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 533 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 Fifteen Days.
15. 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.5,000/. In default of payment of fine the convict shall further undergo Simple Imprisonment for a period of One Month.
All the sentences as imposed herein above 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, St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 534 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 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). Though in the present case the provisions of Delhi Agricultural Cattle Preservation Act, 1994 have been invoked but unfortunately the provisions of Prevention of Cruelty to Animals Act, 1960 were never invoked. Out of the rescued animals / cattle i.e. three cows, one calf and one buffalo, one pregnant cow had expired during treatment soon after her rescue and the Buffalo had been released on Superdari to one Abdulla who claimed to be her owner (as proved by Sh. Dalip Suri, the Manager of Sanjay Gandhi Animal Care Center). Two cows and one calf are still with the Sanjay Gandhi Animal Care Center not being claimed. There is a very serious lacuna, rather mischief, in the existing laws dealing with the Prevention of Cruelty to Animals Act, the Delhi Agriculture Cattle Preservation Act and also the General Law (Indian Penal Code/ Code of Criminal Procedure) St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 535 which laws are totally silent on the manner in which the rescued animals are required to be dealt with so that they are not subjected to the same violations which these laws seek to prevent. The cattle so rescued are perishable case properties and it is necessary that soon after their rescue they should be handed over to some Organization/ Centers set up by the Government where they can be taken care of and in case of milch cattle, put to maximum utilization. In so far as the Legal Proceedings are concerned it is sufficient if their coloured photographs and videography is done and produced in the Court during trial whereas the animals need not be subjected to the harassment and torture during actual physical production in the Court. Presently I have observed that many of these rescued animals which include milch cattle etc. are being rampantly released on superdari to those very persons who are being booked for the violation of these Special Laws (most of whom are butchers/ breeders etc.) thereby perpetrating the same violations of cruelty, torture and slaughter which the law seeks to prevent. This they do by taking advantage of lacuna in existing law which is totally silent on how these rescued animals are required to be dealt with. Under no circumstances can these animals/ cattle be handed over to the same persons from whose clutches/ hands they have been rescued. This lacuna in law, rather mischief in law needs an urgent attention of the Law Framers so that it is plugged at the earliest. Cattle Wealth of the Country has to be protected at any cost not only because it is connected to important St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 536 issues of National Health but also because it is an issue which is closely knitted to the Religious Beliefs and Sentiments of a Class/ Section of Society which sentiments have to be respected. Hence in order to fulfill the Constitutional Obligations as enshrined and noted herein above, it is desirable for the Government of India to step in and seriously draft out a National Policy where the animals/ cattle so rescued particularly the milch cattle which are the National Wealth of our country (with whom serious issues relating to National Health and concerning Religious Sentiments of a class are attached) are Protected, Preserved and taken care of. In cases where they are rescued it should be ensured that are handed over to the safe custody of some cooperative societies/ farmers in the rural areas where they can be taken care of for the rest of their lives and put to Adequate Utilization.
In so far as the present case is concerned, the cows and the calf who are presently with the Animal Care Center should be either housed at some safe place i.e. Gaushala/ Gosadan where they can be taken care of for rest of their life or put to utilization being milk yielding animals. For the said purpose it shall be open to the Incharge of the Animal Center where these cattle are presently housed/ Investigating Officer to move an application before this Court seeking appropriate directions.
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 537
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 after disposal of the application filed on behalf of the Insurance Company for release of the offending vehicle.
Announced in the open Court (Dr. KAMINI LAU)
Dated: 9.10.2014 ASJ (NW)II: ROHINI
St. Vs. Ankur Etc., FIR No. 32/13, PS Subhash Place Page No. 538