Delhi District Court
State vs Sakawat Etc on 31 October, 2025
IN THE COURT OF MS. POOJA TALWAR,
ADDITIONAL SESSIONS JUDGE (FTC)WEST
TIS HAZARI COURT, DELHI
In the matter of:
STATE
Vs.
SAKAWAT & Ors. FIR No.90/17
Police Station: Punjabi Bagh
JUDGMENT
1. Sl. no. of case Sessions Case No. 414/17
2. CNR no. DLWT010062452017
3. Date of Institution 22.04.2017
4. Date of Commission of 22.02.2017
offence
5. Name of the accused 1. Sakawat
S/o Hazi Yusuf
R/o A-37, Jiauddinpur, New Delhi
2. Nasimuddin @ Naseem @ Khali
S/o Amiruddin
R/o 1385, Gali no.14B, Rajeev
Gandhi Nagar, New Mustafabad,
Delhi
3. Gulzar POOJA
S/o Fahrukh TALWAR
R/o D-4/45, Gali no.4, Brij Puri,
Delhi Digitally signed
by POOJA
TALWAR
Date: 2025.10.31
14:09:43 +0530
SC No. 414/17 State. Vs. Sakawat & Ors. Page : 1 of 52
FIR no.90/17
4. Naim
S/o Md. Fahrukh
R/o D-4/45, Gali no.4, Brij Puri,
Delhi
6. Offence Complained of Section 25 of Arms Act
Section 186/34 353/34 IPC
Section 307/34 IPC
7. Plea of accused Pleaded not guilty
8. Date of reserving the 26.09.2025
judgment
9. Final order Convicted
10 Date of such judgment 31.10.2025
Case of the prosecution
1. Story of the prosecution is that on 22.02.2017 a secret information was received that the members of 'Namste Gang' who by pointing arms, passing smile and by doing Namaskar robbed the public, would come towards Punjabi Bagh via Rani Bagh on two different scooties at about 4 pm. The secret informer revealed the names of two members of said gang as Sakawat and Nasimuddin. On the said secret information, a raiding team was constituted comprising of SI Brahm Dev, ASI Dipender Singh, ASI Dilbag Singh, HC Rupesh, HC Vikas, HC Naveen Kumar, HC Manjeet Singh, HC Ved Prakash, Ct. Amit Kumar, Ct. Satender, Ct. Yogesh and Ct. Amit Kumar. The secret information was reduced into writing in Rojnamcha alongwith departure entry and thereafter the team left for spot. The raiding team members were deployed on the spot at different places and SI Sandeep alongwith secret informer sat in a private vehicle about 50 yards away from the barricades. At about 4.25 POOJA PM two scooties came there with two riders on each. Secret TALWAR informer pointed out towards the said riders as members of Digitally signed by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 2 of 52 14:09:51 +0530 FIR no.90/17 Namaste Gang. Thereafter he immediately passed the signal to the team members who were present at barricades for closing the same. On closing the barricades the pillion riders of both the scooties tried to flee. When the raiding team members tried to stop them they took out pistols from the dub of their wearing pant and started firing upon HC Vikas and HC Rupesh but they had a narrow escape. HC Vikas and HC Rupesh apprehended both of them. The drivers of the scooties were also caught by the raiding team. On interrogation they revealed their names as Sakatwat, Nasimuddin Guljar and Naim. From their possession pistol and one button operated knife was recovered. FIR was registered against the accused persons under Section 186/353/307/34 IPC and 25/27/54/59 Arms Act.
Charge
2. Charge was framed against all the accused persons namely Sakawat, Gulzar, Naim and Nasimuddin under Section 186/353/34 IPC, 307/34 IPC and under Section 25 of Arms Act vide order dated 31.10.2017.
Prosecution evidence
3. In order to prove its case prosecution examined nine witnesses as under :-
Material Witnesses:
(i) PW1: HC Naveen deposed that:
"On 22.02.2017 I was posted at AATS West District as Head constable. On that day at about 3.10.pm SI Sandeep Dabas POOJA had called me, SI Braham Dev, ASI Dilbagh Singh, ASI TALWAR Dipender Singh HC Vikas, HC Rupesh, HC Manjit, HC Ved Digitally signed SC No. 414/17 State. Vs. Sakawat & Ors. Page : 3 of 52 by POOJA TALWAR FIR no.90/17 Date:
2025.10.31 14:10:00 +0530 Parkash, Ct Amit, Ct Satender, Ct Yogesh and another Ct Amit inside his office. SI Sandeep briefed us that HC Rupesh and HC Vikas had received a secret information that at about 4.00 pm the members of Namastee Gang would come on two different scooties via Rani Bagh underpass to go towards Punjabi Bagh. It was also informed that the members would in possession of fire arms. The said information was entered in DD register vide a DD No.8. Thereafter at about 3.30 pm the members of raiding party proceeded to the spot on three different vehicles ie one Govt Gypsy No. DL 2C AK-5289, one Maruti Swift belonging to Sl Sandeep Dabas and one Maruti Wagonar Car belonging of ASI Dipender Singh. At about 3.45 pm we reached at Cement siding near Rani Bagh under pass. There SI Sandeep asked five /seven public persons to join the raiding party but none agreed and left the place without disclosing their name and addresses. Without wasting time, SI Sandeep deployed the members of the raiding team at strategic location. I alonvwith SI Braham Dev, ASI Dipender and HC Vikas took position on the left side of the road. On the right side of the road ASI Dilbagh Singh, HC Rupesh and Ct Satender were positioned. HC Manjit and Ct Amit were positioned on barricade. Ct Yogesh and another Ct Amit were positioned just ahead of barricades. SI Sandeep alongwith secret informer took position at a distance of about 50 yards from barricade in side the car towards the under pass.
At about 4.25 pm two scooties were seen emerging out of underpass. SI Sandeep signalled to stop the aforesaid scooties. Barricades were closed to stop them. The raiding team also signalled them to stop. The moment the said scooties approached the barricades and scooties slow down, the pillion rider of both POOJA TALWAR the scooties tried to run away. The Regd No of one scooty was Digitally signed by POOJA SC No. 414/17 State. Vs. Sakawat & Ors. Page : 4 of 52 TALWAR FIR no.90/17 Date: 2025.10.31 14:19:21 +0530 DL 5S BL-9136 which was driven by accused Gulzar and accused Sakawat was a pillion rider. The Regd No of other scooty was DL 5S AY-0975 which was driven by accused Naim and accused Nasimuddin was a pillion rider. When raiding party moved towards them to apprehend, accused Sakawat fired pointing towards HC Vikas and Nasimuddin fired pointing towards HC Rupesh. Both HC Vikas and HC Rupesh narrowly escaped. The tried to ran away after firing. HC Vikash chased accused Sakawat and apprehended him while HC Rupesh chased accused Nasimmdin and apprehended him. In the meantime the driver of the two scooties namely accused Gulzar and accused Naim ran away after leaving the scooties at the spot. I chased accused Gulzar who was carrying fire arms and had put out the same towards me but he could not fired at me as he was apprehended by me. Accused Naim was apprehended by Ct Amit. Accused Naim was having a button operated knife in his hand. In the meantime SI Sandeep had All the also reached at the spot from his position apprehended accused persons were brought before SI Sandeep. I handed over the country made pistol which was recovered from accused Gulzar to SI Sandeep. Other member of the staff also handed over fire arms and knife which were recovered from the possession of accused persons to SI Sandeep. Thereafter SI Sandeep prepared the sketch of recovered fire arms and knife one by one. SI Sandeep prepared the sketch of country made pistol and cartridges which ware recovered from accused Gulzar in my presence which is Ex.PW1/A bearing my signatures at point A. FSL form was POOJA filled up on instruction of SI Sandeep by me in my hand writing. TALWAR SI Sandeep prepared the seizure memo of recovered fire arms Digitally signed by POOJA TALWAR and knife. The fire arms and cartridges so recovered from Date: 2025.10.31 14:10:13 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 5 of 52 FIR no.90/17 accused Gulzar were seled with the seal of SK and seized vide a seizure memo Ex. PW1/B, bearing my signatures at point A. After sealing all the pulandas the seal was handed over to HC Rupesh. Thereafter ruqqa was prepared by HC Vikash on the instruction of SI Sandeep. At about 7.10 pm HC Rupesh went to PS Punjabi Bagh alongwith ruqqa to get the FIR registered. The further investigation of the case was handed over to SI Sumer Singh who had reached at the spot at about 7.20 pm. SI Sandeep handed over four sealed pulandas and two scooties and six seizure memos, FSL Form and custody of all four accused persons to SI Sumer Singh. Two seizure moms were of two scooties. SI Sumer Singh inquired from SI Sandeep regarding the incident and prepared site plan at his instance. SI Sumer Singh recorded the statement of SI Sandeep. Thereafter SI Sandeep left the spot. At about 8.30 pm HC Rupesh reached at the spot alongwith the copy of FIR and original ruqqa and handed over the same to SI Sumer Singh. SI Sumer Singh written the FIR No. on all the documents pertaining to the present case. IO/SI Sumer Singh interrogated all the accused persons one by one and arrested them. Accused Gulzar was arrested vide arrest memo Ex PW1/C, bearing my signatures at point A. His personal search was conducted vide memo Ex PW1/D, bearing my signatures at point A. Thereafter we all including accused persons and case property returned to PS Punjabi Bagh. The case property was deposited in the Malakaha by IO/SI Sumer Singh. Then we return to our office at AATS Punjabi Bagh. Sl Sumer Singh intensively interrogated all the accused persons independently of POOJA each other and their disclosure statement was recorded on TALWAR computer. I typed all the disclosure statements. Disclosure of Digitally signed accused Gulzar is Ex PW1/E, bearing my signatures at point A. by POOJA TALWAR Date: 2025.10.31 14:10:18 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 6 of 52 FIR no.90/17 My statement was recorded by the IO. All the accused persons are present in the Court today, (correctly identified them by pointing towards them and pronouncing their names).
At this stage MHC (M) produced four envelopes. Parcel No.1 sealed with the seal of VRA FSL Delhi. Seals are broken and the case property i.e one pistol and two empty cartridges are taken out. The pistol Ex P-1 and two empty cartridges are Ex P-2 and P-3.
Parcel No.2 sealed with the seal of VRA FSL Delhi. Seals are broken and the case property i.e one country made pistol and two empty cartridges are taken out. The country made pistol Ex P-4 and two empty cartridges are Ex P-5 and P-6.
Parcel No3 sealed with the seal of VRA FSL Delhi. Seals are broken and the case property i.e country made pistol 4 and live cartridge are taken out. The country made pistol Ex P-7 and one live cartridge is Ex P-8. Witness states that Ex P-7 and P-8 were recovered from accused Gulzar and identifies the same.
One envelope bearing particular FSL 2017/F-3703 produced which is unsealed, the same is opened up and if found to contain a box containing 08 (eight) 8mm/.315 cartridges and 04(Four) 7.65 mm cartridges received for test firing. Ex P-9 (Collectively) and Ex P-10 (Collectively).
MHC (M) produced one sealed white pulanda sealed with the seal of SK Seal broken up and it found to contain one buttandar knife. The same is Ex P-11. MHC (M) produced two scooties bearing No. DL 5S BL- 9136 and DL 5S AY-0975 which are Ex P-12 and P-13 respectively.
POOJA TALWAR Digitally signed by POOJA TALWAR Date: 2025.10.31 14:10:24 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 7 of 52 FIR no.90/17
(ii) PW3: HC Vikas deposed that:
"On 22.02.2017 I was posted at AATS West District as Head constable. The member of Namstee gang used to robbed the public of their cash and jewellery by pointing arms to them by passing smile and doing Namaskar. Such incidents in Delhi are occurring on large scale. We had general instructions from the Senior officer to checks and contain such crimes in the city. Inspector Surender Singh Sindhu incharge AATS West District had deployed the entire team to gather information and to check such crimes.
On 22.02.2017 I and HC Rupesh were present in our AATS Office West, Punjabi Bagh. One secret informer met both of us and informed that the members of Namastee Gang namely Sakawat and Nasimuddin alongwith their associates would come on two different scooties of black and silver colour respectively and they would go to Punjabi Bagh via Rani Bagh Underpass, cement siding. Both I and HC Rupesh brought the secret information before SI Sandeep Dabas and briefed him regarding the information passed on to us by secret informer. Thereafter SI Sandeep met Inspector Surinder Singh Sandhu with secret informer. Thereafter Inspector Surinder Singh gave directions to Si Sandeep Dabas after taking approval from Senior Officer to constitute a raiding team to conduct raid. Thereafter SI Sandeep constituted a raiding party consisting of myself SI Braham Dev, ASI Dipender Singh, ASI Dilbagh, HC Rupesh, HC Naveen, HCVed Parkash, HC Manjit, Ct Yogesh, Ct Amit and one another Ct Amit and Ct Satender. SI Sandeep Dabas brief the POOJA entire raiding team in his room and secret information was TALWAR entered in the DD register vide DD No.8. Digitally signed by POOJA TALWAR Date:
2025.10.31 14:10:31 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 8 of 52 FIR no.90/17 At about 3.30 pm a raiding team proceeded for the spot by Gypsy No. DL 2C AK-5289, a swift car of SI Sandeep Dabas No. 5982 and one Waganor car of ASI Dipender. We reached at the spot at 3.45 pm. There Sl Sandeep requested 5-7 public persons to join the raiding party but none agreed and left the place without disclosing their name and addresses. Thereafter SI Sandeep without wasting any more time asked the raiding party to positioned themselves at different location. HC Manjit and Ct Amit took position at Barricade. SI Braham Dev, ASI Dipender, HC Naveen and myself were asked to takeposition on the left side of the road. ASI Dilbagh, HC Rupesh, Ct Satender asked to take position on the right side of the road. Ct Amit and Ct Yogesh were asked to take position 50 yards ahead of barricades towards Punjabi Bagh. SI Sandeep and secret informer set inside his car 50 yards behind the barricade on the left side of the road. At 4.25 pm four persons on two different scooties were spotting coming from underpass and emerged towards Punjabi Bagh. When both scooties passed through the car of SI Sandeep, he signalled the members of the raiding party then HC Manjit and Ct Amit closed the barricades. Both the scooties slowed down and the pillion rider of both the scooties got down and started running away. I and HC Rupesh chased them by shouting. Then both of them had fired upon me and HC Rupesh. Regd No. of dark grey colour scooty was DL 5S BL-9136 on which pillion rider was accused Sakawat and was being driven by accused Gulzar. The registration of Second scooty was DL 5SA Y-0975 it was of silver colour. It was driven by accused Naim and accused Nasimuddin was sitting as pillion rider. The names of POOJA the aforesaid accused persons were disclosed later on during TALWAR investigation. Accused Sakawat had fired upon me but I Digitally signed by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 9 of 52 14:10:38 +0530 FIR no.90/17 narrowly escaped and then Sakawat had ran away. I chased him for about 100 steps and apprehend accused Sakawat alongwith pistol. Accused Nasimuddin fired upon HC Rupesh who also narrowly escaped. I brought accused Sakawat with pistol near the barricade. In the meantime Sl Sandeep had also come near the barricade with his car. HC Rupesh apprehended accused Nasimuddin with arms and brought him before SI Sandeep. HC Naveen chased and he apprehended accused Gulzar. Accused Gulzar had taken out his countrymade pistol and when he was about to fire upon him but he was apprehended by HC Naveen. HC Naveen brought accused Gulzar before SI Sandeep. Ct Amit chased and apprehended accused Naim who was carrying a buttandar knife with him. He was produced before Si Sandeep by Ct Amit.
I handed over pistol to SI Sandeep which was recovered from the possession of accused Sakawat. He checked the pistol and one live cartridge was found in the chamber. I had also searched and found the used cartridge and handed over to SI Sandeep Dabas.SI Sandeep prepared the sketch of pistol, live cartridge and empty cartridge which is ExPW3/A, bearing my signatures at point A. The dimension of recovered pistol was of 19 cm diagonal length, 16.4 cm slide length, 9 cm barrel length. Length of live cartridge was 2.6cm and that of used cartridge was 1.7 cm. The word KF 7.65 was written on the bottom of both the cartridges. The pistol was meant of iron and butt was having plastic cover in both sides. A pulanda was prepared containing pistol, live and empty cartridges and sealed with the seal of SK. POOJA TALWAR The same was taken into possession vide seizure memo Ex Then SI Sandeep prepared the sketch of PW3/B. countrymade pistol Digitally signed by POOJA TALWAR and cartridges which was recovered from the possession of Date: 2025.10.31 14:10:44 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 10 of 52 FIR no.90/17 Nasimuddin. A pulanda was prepared and sealed with the seal of SK and same was taken into police possession. Thereafter, HC Naveen handed over the countrymade pistol recovered from accused Gulzar which was loaded to SI Sandeep. He checked the same and prepared the sketch of country mande pistol and one live cartridge. A pulanda was prepared and sealed with the seal of SK and same was taken into possession. FSL form was filled up by HC Naveen on instruction SI Sandeep.
Ct Amit No.2789/West handed over a knife recovered from accused Naim to SI Sandeep, who checked the knife and prepared the sketech. A pulanda of knife was prepared and sealed with the seal of SK. The same was taken into police possession. Seal was handed over to HC Rupesh after use. Scooty bearing No. DL 5S BL-9136 Hero Mastro grey colour was taken into possession vide a seizure memo Ex PW3/C, bearing my signatures at point A. Scooty bearing No. DL 5 SA Y-0975 TVS Jupiter of silver colour was also taken into possession. Thereafter a ruqqa was prepared by me on the instruction of SI Sandeep Dabas. At 7.10 pm the ruqqa was sent to PS Punjabi Bagh for registration of FIR through HC Rupesh. After departure of HC Rupesh, SI Sumer Singh reached at the spot at about 7.20 pm. SI Sandeep handed over four sealed puandas, four sketches, six seizure memos, two scooties, carbon copy of tehrir to SI Sumer Singh. Custody of all the four accused persons were also handed over to Sl Sumer Singh. He was briefed regarding the entire incident by SI Sandeep. SI Sumer Singh interrogated all the accused persons. At 8.30 pm HC Rupesh reached at the spot with copy of FIR and original ruqqa and handed over the same to SI POOJA Sumer Singh. Then he written the FIR number upon all the TALWAR documents and also on the pulandas. IO/SI Sumer Singh Digitally signed by POOJA TALWAR SC No. 414/17 State. Vs. Sakawat & Ors. Page : 11 of 52 Date: 2025.10.31 FIR no.90/17 14:10:51 +0530 prepared the site plan at the instance of SI Sandeep. SI Sumer Singh recorded the statement of SI Sandeep and who left the spot thereafter.
When Sl Sumer Singh interrogated accused Sakawat, who disclosed that the Titan watch which he was wearing at that time was robbed on gun point at Naraina. On inquiry the said watch was found to the the case property of a case FIR of PS Ranjit Nagar. The pulanda of wrist watch was prepared and sealed with the seal of SS. The same was seized vide seizure memo Ex PW3/D, bearing my signatures at point A. Accused Sakawat was arrested vide a arrest memo PW3/E,, bearing my signatures at point A. His personal search was conducted vide memo ExPW3/F, bearing my signatures at point A. Remaining three accused persons were also arrested and their arrest memos and personal search memos were prepared by the IO. Thereafter we left the spot and went to PS Punjabi Bagh. Ct Yogesh and Ct Amit No.1324/West brought the two scooties to PS Punjabi Bagh to the spot. IO/SI Sumer Singh deposited the case property in Malkhana of PS Punjabi Bagh. Then we returned to AATS Punjabi Bagh. In the office all the four accused persons were interrogated by IO /SI Sumer Singh and their disclosure statement were typed on computer by HC Naveen. IO recorded my statement. All the accused are present in the Court today( correctly identified all the accused persons by pointing out towards them with their names) At this stage MHC (M) produced four envelopes.
Parcel No.1 sealed with the seal of Court Seals are broken POOJA and the case property i.e one pistol and two empty cartridges are TALWAR taken out. Witness states that it was the same pistol which was Digitally signed by POOJA TALWAR recovered from accused Sakawat. Witness also identifies the two Date: 2025.10.31 14:10:58 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 12 of 52 FIR no.90/17 empty cartridges by saying that word KF 7.65 mm on the bottom. The pistol is already Ex P-1 and two empty cartridges are already Ex P-2 and P-3.
Parcel No.2 sealed with the seal of Court. Seals are broken and the case property i.e one country made pistol and two empty cartridges are taken out. The country made pistol already Ex P-4 and two empty cartridges are already Ex P-5 and P-6.
Parcel No3 sealed with the seal of Court. Seals are broken and the case property i.e country made pistol and country made pistol live cartridge are taken out. The already Ex P-7 and one live cartridge is already Ex P-8.
One envelope bearing particular FSL 2017/F-3703 produced which is in court seal. The same is opened up and if found to contain a box containing 08 (eight) 8mm/.315 cartridges and 04( Four) 7.65 mm cartridges received for Ex P-9 (Collectively) and Ex P-10 test firing. Already (Collectively).
MHC (M) produced one sealed white pulanda sealed with the seal of Court Seal broken up and it found to contain one buttandar knife. The same is already Ex P-11.
MHC (M) produced two scooties bearing No. DL 5S 9136 and DL 5S AY-0975 which are already Ex P-12 and P-13 respectively.
(iii) PW6: HC Rupesh deposed that:
"On 22.02.2017, I was posted in AATS, West District. There was some incident happened pertaining to the member of Namaste Gang, who used to rob public of their cash and jewelery POOJA by pointing arms to them by passing smile and doing Namaste. TALWAR Due to this fact out senior officers had gave the direction to Digitally signed by POOJA TALWAR check such incidents. Thereafter, inspector Surender Singh Date: 2025.10.31 14:11:37 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 13 of 52 FIR no.90/17 Sandhu the then Incharge, AATS, West District had asked all the staff of AATS West District to collect information in this regard so that such incident can be carved in future.
On 22.02.2017, I alongwith HC Vikas were present in our AATS Office, Punjabi Bagh, one secret informer came in our office and he informed us that members of the Namaste Gang namely Sakawat and Nasimuddin alongwith their associates would come on two scooties of black and silver color alongwith arms and ammunition in their hands from Rani Bagh underpass side and will go towards Punjabi Bagh. If raid is conducted they can be apprehended. Thereafter we produced Sandeep of AATS in his office and he also talked with secret informer. We also brief him about the incident. Thereafter, SI Sandeep produced the informer before Inspector Surender Singh Sandhu. After satisfying himself, Inspector Surender Singh Sandhu gave direction to SI Sandeep Dabas to constitute a raiding team to conduct the raid in this regard. Thereafter SI Sandeep constituted the raiding party under his supervision consisting of myself, SI Braham Dev, ASI Depender Singh, ASI Dilbagh Singh, HC Vikas, HC Manjit, HC Naveen, HC Ved Prakash, Ct. Amit, Ct. Satender, Ct. Amit (no.2789) and Ct. Yogesh. SI Sandeep brief all the members of the raiding party about the contents of the secret information received by him by calling in his room of office. Thereafter we got issued the arms and ammunition from malkhana and thereafter left the office in three vehicles i.e. two private vehicles i.e. one Swift Car of SI Sandeep and one POOJA TALWAR Wagon-R car of ASI Depender and third was government gypsy. However, I do not remember the registration number of two Digitally signed by POOJA TALWAR private vehicles vide DD no. 8 at about 3:30 pm. Date:
2025.10.31 14:11:43 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 14 of 52 FIR no.90/17 We reached near underpass Cement siding Punjabi Bagh at about 3:45pm and we parked our vehicles there by the side of the road. After getting down from the vehicles SI Sandeep asked some public persons/passersby to join the raiding party after disclosing the contents of the secret information but none agreed to join due to their own problems and left the spot without disclosing their names and addresses. Thereafter we took out position there and we put barricade which was already installed on the side of road as per routine. Thereafter we started waiting of the arrival of said scooties as per secret information. At about 4:25 pm, four persons on two scooties came from Rani Bagh under pass side and reached near barricades. The persons who were driving the scooties were wearing helmets, however the persons who were sitting on the pillion seat were not wearing helmets. Secret informer pointed out towards those four persons as the members of the Namaste Gang. Thereafter informed had left the spot. Thereafter SI Sandeep signal to the members of raiding party by raising his right hand. Thereafter we immediately we closed the road with the help of barricades to stop the scooties. However, the persons who were sitting on the pillion seats of the scooties get down from scooties and started running from there, however they were over powered by us. I alongwith HC Vikas had tried to stop them. However those persons took out pistols from right hand side dub of their wearing lower and started firing towards me and HC Vikas. We save ourselves by changing our direction. We immediately over powered them at a distance about 45-50 steps. I over powered POOJA Nasimuddin @ Nasim whose name was revealed during TALWAR interrogation. HC Vikas over powered accused Sakawat. All the Digitally signed by POOJA four accused persons are present in the court today (correctly TALWAR Date: 2025.10.31 14:11:49 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 15 of 52 FIR no.90/17 identified by the witness).
The persons who were driving the scooties also tried to ran away from the spot after leaving their scooties, however, they were over powered by other members of the raiding party and their names revealed as Gulzar and Nayeem. Accused Gulzar was over powered by HC Naveen and accused Nayeem was over powered by Ct. Amit (no. 2789/West).
At the time of over powering accused Nasimudin @ Nasim I snatched country made pistol from his hand while the other weapons which were in the possession of other accused persons were snatched by the other police officers of the raiding party. I handed over the country made pool recovered from accused Nasimuddin to SI Sandeep. The same was checked by SI Sandeep and it was found containing empty cartridge. Formal search of accused Nasimuddin was also taken by me and one live cartridge was recovered from the right side pocket of the wearing lower. SI Sandeep prepared the sketch of pistol, live cartridge and empty cartridge and the same is Ex. PW-6/A which bears my signature at point A. The same was sealed by IO in pulanda sealed with the seal of SK and the pulanda was taken into possession vide seizure memo Ex. PW-6/B which bears my signature at point A. Accused also signed the same at point X. The scooties were bearing registration no. DL-5S-BL-9136 and DL-5S-AY-0975. The proceedings pertaining to the recovery of the weapon effected from the other co-accused persons were also conducted by SI Sandeep at the spot. SI Sandeep also filled FSL POOJA form at the spot and seal of SK was handed over to me by IO TALWAR after used. Thereafter SI Sandeep prepared rukka and the same Digitally signed by POOJA was handed over to me and I took the same to PS Punjabi Bagh TALWAR Date:
and handed over to the duty officer for registration of the case. 2025.10.31 14:11:58 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 16 of 52 FIR no.90/17 On the basis of the said rukka the present FIR was recorded. After the registration of FIR duty officer handed over original rukka and copy of FIR to me and I handed over the same to SI Sumer Singh to whom the further investigation was marked, at the spot at about 8:30 pm/SI Sumer Singh prepared site plan of the spot at the instance of SI Sandeep. SI Sumer You and your co Singh interrogated all the four accused persons and they were arrested in this case by preparing arrest memos and their personal search memos and they also recorded their disclosure statements) Arrest memo of accused Nasimuddin is Ex. PW-6/C which bears my signature at point A and his personal search memo is Ex. PW-6/D which bears my signature at point A. Disclosure statement of accused Nasimuddin is Ex. PW-6/E which bears my signature at point A. Both the scooties were taken into possession by IO by preparing seizure memo. Seizure memo of scooty bearing registration no. DL-5S-AY- 0975 is Ex. PW-6/F which bears my signature at point A) Thereafter we came back to PS. IO recorded my statement in this case. I can identify the weapon of offence i.e. country made pistol recovered from accused Nasimuddin @ Nasim, if shown to me.
At this stage, MHC(M), PS Punjabi Bagh produced parcel no. 2 sealed with the seal of COURT, same is opened and found containing one country made pistol and two empty cartridges, taken out from the pulanda, shown to the witness and witness identified the same which was recovered from the possession of accused Nasimuddin @ Nasim and by which accused Nasimuddin @ Nasim had fired towards the police party. POOJA TALWAR Witness further states that one of the empty cartridge was live at the time of recovery. Country made pistol is already Ex.P-4 and Digitally signed by POOJA TALWAR empty cartridges are Ex.P-5 and Ex. P-6. Date:
2025.10.31 14:12:05 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 17 of 52 FIR no.90/17 At this stage, MHC(M), PS Punjabi Bagh produced one scooty bearing registration no. DL-5S-AY-0975 on which accused Nasimuddin @ Nasim was sitting on the pillion seat. Scooty is already Ex. P-13."
(iv) PW7: Inspector Sandeep Dabas deposed that:
"On 22.02.2017, I was posted with AATS, West District as Sub Inspector. On that day, at about 03.00 PM, HC Vikas and HC Rupesh came in my office with a secret informer, who informed me that at about 04.00 PM, four members of a Namaste Gang, who used to robe the people by passing smile or saying bid (namaste) would come towards Punjabi Bagh via Rani Bagh on two different scooty and if raid is conducted, they could be apprehended. The secret informer also revealed the names of two members of said gang as Sakawat and Nasimuddin @ Khali The secret informer was produced by me before Inspector Surender Sandhu, Incahrge AATS. Inspector Surender Sandhu also verified the above-mentioned secret information from the secret informer and he made the phone call to ACP, Operation. Thereafter, Inspector Surender Sandhu asked us to verify the information by conducting raid Thereafter, I collected the arms and IO kit from malkhana. Subsequently, I called in my room team members i.e. SI Braham Dev, ASI Depender, ASI Dilbag Singh, HC Vikas, HC Rupesh, HC Naveen, HC Manjeet, HC Ved Prakash, Ct. Satender, Ct. Yogesh and two constables with the name of Amit. All the said team members were briefed about the secret information. The secret information was reduced by POOJA me into writing in rojnamcha along with departure entry against TALWAR DD No.8 at about 03.25 PM. Thereafter, we left our office in Digitally signed by POOJA three vehicles i.e. one government gypsy and two private TALWAR Date: 2025.10.31 14:12:11 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 18 of 52 FIR no.90/17 vehicles and reached at Cement Siding underpass, Punjabi Bagh, Delhi asked 4-5 passersby to join the investigation, but they left the spot without disclosing their names and addresses. Without wasting any time, the strategy was made to apprehend the members of Namaste gang and team members were deployed on the spot at different places. Three barricades were already found placed there. HC Manjeet and Ct. Amit were deployed at barricades with the directions to close the barricades at my signal. On the left and right sides of the said barricades, the staff were deployed and I with secret informer sat in the private vehicle towards underpass which was leading towards Punjabi Bagh from Rani Bagh, about 50 yards away from the barricades?
At about 04.25 PM, two scooties came there and on each said scooties, two riders were there. The drivers of the said scooties were wearing helmets with visors and the pillion riders were not wearing helmets. Secret informer pointed out towards the said riders while stating that they were the members of namaste gang. Thereafter, I immediately passed the signal to the team members, who were present at barricades for closing the same and on my said instructions, the barricades were closed by the team members. As soon as the barricades were closed, the pillion riders of both the scooty immediately stepped down from it and started running towards left and right side. HC Vikas and HC Rupesh chased the said pillion riders and instructed the said pillion riders in loud voice to stop. Instead of following the said instructions, the said pillion riders took out pistols from right side dub of their wearing pant and started firing upon HC Vikas POOJA and HC Rupesh. Both the said team members did not receive any TALWAR injury as they saved themselves and they overpowered the above-Digitally signed
mentioned pillion riders with weapons HC Naveen followed one by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 19 of 52 14:12:19 +0530 FIR no.90/17 of the driver of above-mentioned scooty and the said driver also took out a pistol from right side dub from his wearing pant and he was overpowered by HC Naveen with weapon prior to giving any opportunity of firing the pistol upon him. Ct. Amit followed the other driver, who also took out a knife from his right side dub of his wearing pant. However, the said driver was also overpowered by Ct. Amit with knife without giving the opportunity to the accused for opening the same The name of the pillion rider, who was overpowered by HC Vikas, revealed as Sakawat. The name of the pillion rider, who was overpowered by HC Rupesh, revealed as Nasimuddin @Khali. The name of the driver, who was overpowered by HC Naveen, revealed as Gulzar. The name of the driver, who was overpowered by Ct. Amit, revealed as Naim. All the said accused persons are present in the Court today (correctly identified).
I had also taken my position near barricades by the time, the above-mentioned accused persons were overpowered with weapons. HC Vikas handed over me the custody of accused Sakawat along with pistol. The said pistol was checked and found that same was containing one live cartridge. HC Vikas also handed over me the empty cartridge case of the bullet which was fired upon him, by lifting it from the spot. I prepared the sketch of said pistol, live cartridge and empty cartridge by measuring the same vide sketch already exhibited as Ex. PW3/A which bears my signature at point B. A pullanda of the same was prepared and the same was sealed with the seal of SK and took POOJA into possession vide seizure memo already exhibited as Ex. TALWAR PW3/B which bears my signature at point B. The said pullanda Digitally signed was given serial no.1.) by POOJA TALWAR Date: 2025.10.31 14:12:26 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 20 of 52 FIR no.90/17 HC Rupesh handed over me the custody of accused Nasimuddin @ Khali along with country made pistol. The said pistol was checked and found that same was containing one fired cartridge. HC Rupesh conducted the cursory search of accused Nasimuddin @ Khali and one live cartridge was recovered from the right side pocket of his wearing pant and same was handed over to me. I prepared the sketch of said pistol, live cartridge and fired/empty cartridge by measuring the same vide sketch already exhibited as Ex. PW6/A which bears my signature at point B. A pullanda of the same was prepared and the same was sealed with the seal of SK and took into possession vide seizure memo already exhibited as Ex. PW6/B which bears my signature at point B. The said pullanda was given serial no.2.
HC Naveen handed over me the custody of accused Gulzar along with country made pistol. The said pistol was checked and found that same was containing one live cartridge. I prepared the sketch of said pistol and live cartridge by measuring the same vide sketch already exhibited as Ex.PW1/A which bears my signature at point B. A pullanda of the same was prepared and the same was sealed with the seal of SK and took into possession vide seizure memo already exhibited as Ex. PW1/B which bears my signature at point B. The said pullanda was given serial no. 3.
Constable Amit handed over me the custody of accused Naim along with button actuated knife. I prepared the sketch of said knife by measuring the same vide sketch already exhibited as Ex. PW7/A which bears my signature at point A. A pullanda of the same was prepared and the same was sealed with the seal POOJA TALWAR of SK and took into possession vide seizure memo already exhibited as Ex. PW7/B which bears my signature at point B. Digitally signed by POOJA TALWAR The said pullanda was given serial no. 4. Date: 2025.10.31 14:12:32 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 21 of 52 FIR no.90/17 The above-mentioned scooties bearing registration no. DL-5SAY-0975 and DL-5SBL-9136 were also taken into possession vide seizure memos already exhibited as Ex. PW3/C and Ex. PW6/F respectively which bears my signature at point B. I filled up FSL form and same was affixed with the seal of SK. Thereafter, the seal was handed over to HC Rupesh.
HC Vikas prepared a rukka as per dictation vide rukka exhibited as Ex. PW7/C which bears my signature at point A. I intimated about the incident telephonically to the Duty Officer at about 07.00 PM. HC Rupesh was sent to PS Punjabi Bagh with rukka for getting the case registered. At about 07.20 PM, SI Sumer reached on the spot as further investigation was assigned to him. I briefed SI Sumer about whole incident. The custody of all the accused persons was handed over to SI Sumer. I handed over all the documents and case properties to SI Sumer.
At about 08.30 PM, HC Rupesh returned on the spot along with copy of FIR and original rukka and handed over the same to SI Sumer. SI Sumer prepared site plan at my instance vide site plan Ex. PW7/D which bears my signature at point A. SI Sumer recorded my statement. At about 08.50 PM, I left the spot in a private vehicle for my office.
The true attested copy of DD no. 8 dated 22.02.2017 is exhibited as Ex. PW7/E. I can identify the case property, if shown to me.
At this stage, MHC(M) produced parcel no. 1 in sealed condition, sealed with the seal of Court and the same is opened. The said parcel is found containing one pistol, one test fired cartridge and one empty cartridge case, which are shown to the POOJA TALWAR witness, who correctly identifies the same as were recovered Digitally signed from the possession of accused Sakawat. The said pistol has by POOJA TALWAR Date: 2025.10.31 14:12:39 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 22 of 52 FIR no.90/17 already been exhibited as Ex. P-1 and cartridges as Ex. P-2 & Ex. P-3.
At this stage, MHC(M) produced parcel no. 2 in sealed condition, sealed with the seal of Court and the same is opened. The said parcel is found containing one country made pistol, one test fired cartridge and one empty cartridge, which are shown to the witness, who correctly identifies the same as were recovered from the possession of accused Nasimuddin @ Khali. The said country made pistol has already been exhibited as Ex. P-4 and cartridges as Ex. P-5 & Ex. P-6.
At this stage, MHC(M) produced parcel no. 3 in sealed condition, sealed with the seal of Court and the same is opened. The said parcel is found containing one country made pistol and one live cartridge, which are shown to the witness, who correctly identifies the same as were recovered from the possession of accused Gulzar. The said country made pistol has already been exhibited as Ex. P-7 and cartridge as Ex. P-8.
MHC(M) has also produced a pullanda, sealed with the seal of Court. The same is opened and found containing one button actuated knife, which is shown to the witness, who correctly identifies the same as was recovered from the possession of accused Naim. The said knife is already exhibited as Ex. P-11. shown to me. I can identify the above-mentioned scooties, if shown to me.
On perusal of the record, it is revealed that the said scooties have already been exhibited as Ex. P-12 and Ex. P-13. It is also reported by the MHC(M) that the said scooties have already been released on superdari. POOJA TALWAR At this stage, learned defence counsels submit that no dispute regarding the identity of said scooties would be raised Digitally signed by POOJA TALWAR Date:
2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 23 of 52 14:13:03 +0530 FIR no.90/17 during trial. Therefore, the production of the said scooties is dispensed with."
(v) PW9: Retd. SI Sumer Singh deposed that:
"On 22.02.2017, I was posted at ATS West district, Punjabi Bagh as SI. On that day, I received DD no.9 attested copy of which is file Ex.PW9/A and on receipt of which, I reached at the spot i.c. cement siding, shakur basti, near under pass where SI Sandeep along with SI Brahm dev, ASI Dilbagh, ASI Devender, HC Naveen, IIC Vikas, IC Manjeet, HC Ved Parkash, Ct. Amit, Ct. Satyender, Ct. Yogesh and Ct. Amit Yadav were found present. The said police officials were found apprehending 4 persons namely Sakawat, Nasimmuddin @ Naseem, Gulzar and Nacem) S1 Sandeep dabas handed over to me 6 seizure memo prepared by him regarding the recovery affected from the above stated persons, 4 sketch, 4 scaled pullindas with seal of Sk, FSL form, 2 scooty's no. DL5SBL9136 and DL5SAY0975 and the above stated 4 persons. HC Rupesh came to the spot after registration of FIR and handed over to me copies of FIR and rukka. I mentioned FIR no. and sections under which FIR was registered on all documents prepared by SI Sandeep Dabas and handed over to me. I prepared site plan of the spot at the instance of SI Sandeep Dabas which is already Ex.PW74) bearing my signature al pt. recorded statement of Si Sandeep Dabas. I arrested all the above stated persons vide arrest memo Ex.PWI/C bearing my signature at pt. B, Ex.PW6/C bearing my signature at pt. B, Ex.PW3/E bearing my signature at POOJA pt. B and arrest memo of Naeem is now Ex.PW9/A bearing my TALWAR signature at pt. A. I personally searched them and prepared Digitally signed personally search memo which is already Ex.3/F bearing my by POOJA TALWAR Date: 2025.10.31 14:13:10 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 24 of 52 FIR no.90/17 signature at pi. B, Ex.1/D bearing my signature at pt. 3, Ex.pw6/D bearing my signature at pt. B and personal search of Naeem is now Ex.PW9/B bearing my signature at pt. at the time of accused Sakawat, he was found wearing wrist watch and on interrogation, he disclosed that said watch was snatched by him one day prior. The said watch was taken into police possession vide seizure memo Ex.PW3/D bearing my signature at pt. B. Accused Sakawat also told that said watch was snatched by him in the area of Ranjit Nagar. I inquired from PS Ranjit Nagar about any such incident and found that FIR no.90/17 u/s 397, 392/34 IPC was registered regarding it it. Thereafter, I along alongwith all the four persons came back to PS Punjabi Bagh and deposited the sealed pulinda and above stated scooty in maalkhana and the said watch. Thereafter I alongwith all the accused persons came to my ATS office and I recorded their disclosure statement which is Ex.PW6/E bearing my signature at Pt. B, Ex.PW1/E bearing my signature at Pt. B, and of Sakawat is now Ex.PW9/C bearing my signature at Pt. A and of Naeem is now Ex.PW9/D bearing my signature at Pt. A. I recorded statement u/s 161 CrPC of police officials. On next day i.c. 23.02.2017, all the accused persons were produced before concerned court and 3 accused persons namely Nasimuddin, Gulzar and Nacem were sent to JC. I took PC remand of Sakawat. During PC remand, we along with Sakwat reached at Merrut in search of the persons from whom accused persons took the weapon of offense but they were not placed) placed On 26.02.2017, I again interrogated Sakawat and recorded his supplementary statement which is Ex.PW9/E bearing my POOJA TALWAR signature at Pt. A. in the disclosure statement, Sakwat disclosed his involvement in other cases and I informed concerned PS Digitally signed by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 25 of 52 14:13:18 +0530 FIR no.90/17 about it. I produced PC On Sakwat before concerned court and was sent to PC On 09.03.2017, case property of present case was sent to FSL through Ct. Amit but FSL official refused to receive case property and directed to produce some cartridges for test fire. The said case property was again deposited in malkhana. On 10.03.2017, I moved an appropriate application for providing cartridges to test fire to DCP and it was forwarded to PIIQ On 01.04.2017, I moved a complaint u/s 195 Cr PC before concerned MM which is Ex.PW5/A. Thereafter, I filed charge- sheet against all the 4 accused persons present in the court (correctly identified) on 17.05.2017, I sent IIC Manjit to old police line for collecting the cartridges for test fire and he brought the same from OPI, and deposited in Malkhana. On 19.05.2017, I sent the case property with the said cartridges to FSI. through Ct. Amit vide RC no.90/21/17. On 31.05.2017, I collected FSL result Ex.PW8/A and obtained sanctions u/s 39 Arms Act Ex.PW9/ and filed supplementary charge-sheet.)"
Witnesses of Investigation:
(i) PW2: HC Joginder deposed that: on 22.02.2017, he was posted at PS Punjabi Bagh as Duty officer from 4.00 pm to 12.00 night. On that day, at about 7.10 pm Head Constable Rupesh brought a rukka sent by IO. On the basis of contents of rukka he registered the FIR of present case through computer operator.
The computer generated copy of FIR is Ex PW2/A bearing his signatures at point A. After registration of FIR he made endorsement on the rukka Ex.PW2/B bearing his signatures at point A. After registration of FIR he sent the rukka and copy of POOJA TALWAR FIR to IO through HC Rupesh. He also issued Certificate U/S 65- Digitally signed B of the Evidence Act Ex.PW2/C for the correctness of FIR by POOJA TALWAR Date: 2025.10.31 14:13:24 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 26 of 52 FIR no.90/17 bearing his signatures at point A.
(ii) PW4: HC Sunil Kumar deposed that on 22.02.2017 IO SI Sandeep Dabas AATS West handed over to him case properties of the present case. He deposited the same in the PS Malkhana along with seizure memos. He deposited the case property in PS Malkhana and made entry at S. No.3026 in register no.19. He produced the original register pertaining to the said entry running in 9 pages. Photocopy of the same is Ex.PW4/A. On the same day SI Sumer handed over to him one watch of make Titan in a sealed pullanda sealed with the seal of SS and he deposited the same in PS Malkhana and made entry at the same serial number l.e. S. No.3026. The said entry is Ex.PW4/B. On 17.05.2017, HC Manjeet handed over to him 5 live cartridges of 7.65mm pistol and 10 cartridges of 8mm x .315 bore vide RC No.99/21/17. He deposited the same in PS Malkhana and made entry at S. no.3409. The photocopy of the said entry is Ex.PW4/C. On 19.05.2017 case property was sent to FSL vide RC no.90/21/17 through Ct. Amit. After depositing the case property Ct. Amit handed over to him the acknowledgment of FSL. RC is PW4/D and acknowledgment is Ex.PW4/E. On 31.07.2017, FSL result was received and on the same day it was handed over to Sl Sumer Singh.
(iii) PW5: Jagjit Singh Sangwan, Retired ACP deposed that on 29.03.2017, he was posted as ACP Operation Cell, West District. On that day, the case file was put up before him for giving complaint u/s 195 Cr.P.C in the present case. On this, he applied POOJA his mind and gave the complaint u/s 195 Cr.P.C in the present TALWAR case. The complaint Ex.PW5/A bearing his signatures at points A Digitally signed by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 27 of 52 14:13:31 +0530 FIR no.90/17 and B.
(iv) PW8: Sh. V R Anand, Assistant Director (Ballistics), FSL, Rohini, Delhi deposed that on 19.05.2017, three sealed parcels sealed with the seal of SK were received in the office of FSL. The same were marked to him for examination. The seals on the parcel were intact as per the specimen seal. On opening the parcel no.1, one improvised pistol 7.65 mm bore, one 7.65 mm cartridge and one 7.65 mm cartridge case were taken out and marked as F1, A1 and EC1 respectively.
On opening the parcel no.2, one countrymade pistol .315 inch bore, one .315 inch cartridge and one .315 inch cartridge case were taken out and marked as F2, A2 and EC2 respectively.
On opening the parcel no.3, one countrymade pistol .315 inch bore and one .315 inch improvised cartridge were taken out and marked as F3 and A3 respectively.
He examined the said Exhibit and found that the improvised pistol marked Ex.F1, and countrymade pistol .315 inch bore marked Ex.F2 and 13 were in working order and test fire conducted successfully. The cartridge cases marked Ex.EC1 and EC2 were fired empty cartridges. The cartridge Al and A2 were live ones. The cartridge marked Ex.A3 was a misfired cartridge. The cartridge Al and one 7.65mm cartridge received for test firing were test fired through the improvised pistol marked Ex.F1. The test fire cartridges were marked as TC1 and TC2. The cartridge A2 and one 315 inch cartridge received for POOJA test firing were test fired through the countrymade pistol marked TALWAR Ex.F2. The test fire cartridges were marked as TC3 and TC4. The Digitally signed by POOJA TALWAR countrymade .315 inch cartridge was received for test firing was Date: 2025.10.31 14:13:37 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 28 of 52 FIR no.90/17 test fired through the countrymade pistol marked Ex.F3. The test fire cartridges was marked as TC5. No opinion can be given on the evidence cartridges marked Ex.EC1 whether it has been fired through the improvised pistol marked Ex.F1 above or not due to insufficient data. The individual characteristics of firing pin marks and breech face marks present on evidence cartridge case marked EC2 and on test fire cartridges TC3 and TC4 were compared Inder comparison microscope and were found identical. Hence, cartridge case EC2 had been fired through the country made pistol Ex.F2. The Ex.F1 to Ex.F3/A1 to A3, EC1 and EC2 were firearm/ ammunition as defined in the Arms Act, 1959. All the exhibits were sealed with the seal of "VRA FSL, Delhi" after examination. He prepared his detailed report Ex.PW8/A bearing his signatures at point A.
4. In statement under Section 294 CrPC accused Sakawat, Nasimuddin @ Naseem, Gulzar and Naim admitted the sanction under Section 39 Arms Act given by Sh. Atul Kumar Thakur, Addl. DCP Ex.PW9/F. Statement of accused:
(i) In statement under Section 313 CrPC accused Sakawat stated that:
"This is a false case. I alongwith other co-accused have been falsely implicated in the present case. The correct facts are totally different with that of the story concocted by the IO. The correct facts are that on 22.02.2017 at about 4.00-4.15 am, some police official from AATS Punjabi Bagh came to my house i.e. POOJA A-37 Jiauddinpur, Mustafabad, Delhi-110094 and apprehended TALWAR me suddenly without assigning any reason for the same. My Digitally signed by POOJA TALWAR SC No. 414/17 State. Vs. Sakawat & Ors. Page : 29 of 52 Date: 2025.10.31 14:13:44 +0530 FIR no.90/17 father enquired from the police officials about my apprehension who was told that I have been apprehended only for the purpose of some formal interrogation and further assured my father that after sometime I may be released. Thereafter I was taken to the house of other co-accused namely Nasimuddin from where he was also apprehended in the same manner and we both were pushed in one private vehicle (Maruti Suzuki Swift white colour) and further were taken to the AATS Office, Punjabi Bagh. After reaching to the AATS Office, I came to know that co-accused Gulzar and Naim have also been apprehended at the same point of time and we all four accused are kept in the AATS Office, Punjabi Bagh. Thereafter, SI Sumer Singh (retired) enquired from me about my work and he put the allegations on me that I have been involved in the various criminal activities including robbery which was denied by me. I and other co-accused were also given physical torture by the police officials and some blank papers were also signed by me under the undue pressure of police officials against my will. On 23.02.2017 we all were produced before the Court, where we were totally shocked and surprised to see that we all have been implicated in a false case i.e. present case and thereafter I was remanded to Police custody for 5 days and thereafter I was sent to the Judicial custody. During my PC remand I was kept at AATS Office Punjabi Bagh and was taken nowhere. Before producing us, SI Sumer Singh (retired) enquired from our local PS i.e. PS Gokalpuri about any call which may have been by our family members in order to ensure their entire conspiracy as successful. I never visited the POOJA alleged place of occurrence and I never possessed any arms as TALWAR alleged by the prosecution. The same has been part of the Digitally signed conspiracy of the police official. All the formalities related to the by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 30 of 52 14:13:51 +0530 FIR no.90/17 preparations of the documents was made at AATS Office Punjabi Bagh and I was never taken to the alleged place of occurrence i.e. Underpass near Rani Bagh where the alleged incident is stated to be occurred. We all are innocent and we have been falsely implicated in the present case by police officials."
(ii) Accused Gulzar in his statement recorded under Section 313 CrPC stated that:
"This is a false case. I alongwith other co-accused have been falsely implicated in the present case. The correct facts are totally different with that of the story concocted by the IO. The correct facts are that on 22.02.2017 at about 5.00-5.15 am Insp. Sandeep Dabas (SI at that time) alongwith some police officials from AATS Punjabi Bagh came to my house i.e. D-4/45, Brijpuri, Delhi-110094. My wife opened the door and inquired about the reason of sudden arrival of the police officials. The police official asked my wife to call me as they have to enquire something from me. I came out of my house and the police official apprehended me and pushed me into some private vehicle. Meanwhile, my brother namely Naim (co-accused) also came and asked the police official about the reason of my apprehension. Thereafter, the police official asked my brother about his name, who told his name to the police official. Thereafter, those police official also apprehended my brother Naim and we both were taken to AATS Office, Punjabi Bagh at around 6.00-6.30 am. After reaching to the AATS Office, I came to know that co-accused Sakawat and Nasimuddin have also POOJA been apprehended at the same point of time and we all four TALWAR accused are kept in the AATS Office, Punjabi Bagh. Thereafter, Digitally signed by POOJA TALWAR SI Sumer Singh (retired) enquired from me about my work and Date: 2025.10.31 14:14:00 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 31 of 52 FIR no.90/17 he put the allegations on me that I have been involved in the various criminal activities including robbery which was denied by me. We were also given the physical torture by the police officials and some statement was also recorded by the police officials at their own and we were forcibly asked to sign the same against our will. On 23.02.2017 we all were produced before the Court, where we were totally shocked and surprised to see that we all have been implicated in a false case i.e. present case and thereafter we all had been sent to the Judicial custody. Before producing us, SI Sumer Singh (retired) enquired from our local PS i.e. PS Gokalpuri about any call which may have been by our family members in order to ensure their entire conspiracy as successful. We never visited the alleged place of occurrence and we never possessed any arms as alleged by the prosecution. The same has been part of the conspiracy of the police official. All the formalities related to the preparations of the documents was made at AATS Office Punjabi Bagh and we were never taken to the alleged place of occurrence i.e. Underpass near Rani Bagh where the alleged incident is stated to be occurred. We all are innocent and we have been falsely implicated in the present case by police officials."
(iii) Accused Naim in his statement recorded under Section 313 CrPC stated that:
"This is a false case. I alongwith other co-accused have been falsely implicated in the present case. The correct facts are totally different with that of the story concocted by the IO. The POOJA correct facts are that on 22.02.2017 at about 5.00-5.15 am, I saw TALWAR that some police official from AATS Punjabi Bagh came to my Digitally signed by POOJA house i.e. D-4/45, Brijpuri, Delhi-110094, apprehended my TALWAR Date:
2025.10.31 14:14:13 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 32 of 52 FIR no.90/17 brother Gulzar and pushed him into some private vehicle. I asked the police official about the reason of his apprehension. Thereafter, the police official asked me about my name, I told my name to the police official. Thereafter, those police official also apprehended me and we both were taken to AATS Office, Punjabi Bagh at around 6.00-6.30 am. My scooty which was parked inside my house was also seized and taken by the police officials with them. After reaching to the AATS Office, I came to know that co-accused Sakawat and Nasimuddin have also been apprehended at the same point of time and we all four accused are kept in the AATS Office, Punjabi Bagh. Thereafter, SI Sumer Singh (retired) enquired from me about my work and he put the allegations on me that I have been involved in the various criminal activities including robbery which was denied by me. We were also given the physical torture by the police officials and some statement was also recorded by the police officials at their own and we were forcibly asked to sign the same against our will. On 23.02.2017 we all were produced before the Court, where we were totally shocked and surprised to see that we all have been implicated in a false case i.e. present case and thereafter we all had been sent to the Judicial custody. Before producing us, SI Sumer Singh (retired) enquired from our local PS i.e. PS Gokalpuri about any call which may have been by our family members in order to ensure their entire conspiracy as successful. We never visited the alleged place of occurrence and we never possessed any arms as alleged by the prosecution. The same has been part of the conspiracy of the police official. All POOJA the formalities related to the preparations of the documents was TALWAR made at AATS Office Punjabi Bagh and we were never taken to Digitally signed by POOJA TALWAR the alleged place of occurrence i.e. Underpass near Rani Bagh Date: 2025.10.31 14:14:20 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 33 of 52 FIR no.90/17 where the alleged incident is stated to be occurred. We all are innocent and we have been falsely implicated in the present case by police officials."
(iv) Accused Nasimuddin in his statement recorded under Section 313 CrPC stated that:
"This is a false case. I alongwith other co-accused have been falsely implicated in the present case. The correct facts are totally different with that of the story concocted by the IO. The correct facts are that on 22.02.2017 at about 4.30 am, some police official from AATS Punjabi Bagh alongwith co-accused Sakawat (apprehended by them) came to my house i.e. House no.1385, Rajiv, Gali no.14B, Gandhi Nagar, New Mustafabad, Delhi-110094 and apprehended me suddenly without assigning any reason for the same. Thereafter, so many people including my neighbours arrived there and meanwhile my father enquired from the police officials about my apprehension who was told that I have been apprehended only for the purpose of some formal interrogation and further assured my father that after sometime I may be released. Thereafter, I alongwith co-accused Sakawat was pushed in one private vehicle (Maruti Suzuki Swift white colour) and further were taken to the AATS Office, Punjabi Bagh. After reaching to the AATS Office, I came to know that co-accused Gulzar and Naim have also been apprehended at the same point of time and we all four accused are kept in the AATS Office, Punjabi Bagh. Thereafter, SI Sumer Singh (retired) enquired from me about my work and he put the allegations on me that I have been involved in the various POOJA TALWAR criminal activities including robbery which was denied by me. I Digitally signed and other co-accused were also given physical torture by the by POOJA TALWAR Date: 2025.10.31 14:15:23 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 34 of 52 FIR no.90/17 police officials and some blank papers were also signed by me under the undue pressure of police officials against my will. On 23.02.2017 we all were produced before the Court, where we were totally shocked and surprised to see that we all have been implicated in a false case i.e. present case and thereafter I alongwith other co-accused Gulzar and Naim were remanded to the judicial custody. Before producing us, SI Sumer Singh (retired) enquired from our local PS i.e. PS Gokalpuri about any call which may have been by our family members in order to ensure their entire conspiracy as successful. I never visited the alleged place of occurrence and I never possessed any arms as alleged by the prosecution. The same has been part of the conspiracy of the police official. All the formalities related to the preparations of the documents was made at AATS Office Punjabi Bagh and I was never taken to the alleged place of occurrence i.e. Underpass near Rani Bagh where the alleged incident is stated to be occurred. We all are innocent and we have been falsely implicated in the present case by police officials."
Defence Evidence:
(i) In defence evidence DW-1 Mr. Irshad Khan deposed that:
"On 22.02.2017 at about 05.00 am, 8-10 police officials are in civil uniform apprehended accused Nassimuddin as it was the time of Namaz many people were gathered there and some of them and the family members of the accused Nasimuddin asked to the police officials that why are you apprehended the accused Nasimuddin. Police officials replied that they were taking the accused Nasimuddin to the PS Punjabi Bagh for some POOJA TALWAR interrogation and assured that they will free the accused Nasimuddin after the interrogation, by making the assurance of Digitally signed by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 35 of 52 14:15:43 +0530 FIR no.90/17 police officials, public persons gone to their houses. "
(ii) DW-2 Mr. Abdul Qais deposed that:
"On 22.02.2017 at about 05.00-5.30 am, I heard the noise of knocking at the door. At that time I was on first floor of my house. After hearing the noise of knocking my door, I stepped down to the ground floor. Thereafter, I opened the door of my house and I saw three of police officials in which one lady police officils and two male police officials were standing in front of my door, in which one police officials said to me that we want to go to the house of Gulzar and Naim by pointing out his finger through your house. Thereafter, two police officials entered in my house and use the stairs of my house and jumped into the house of accused namely Gulzar and Naim. Thereafter, I stepped down to the ground floor and found that one other police official was accompanied with lady constable. Thereafter, I went to Firdos Maszid, Brijpuri, Delhi-110094 for 'Namaz'."
(iii) DW-3 Mrs. Nasreen deposed that:
"On 22.02.2017 at about 4.30 am, three police officials entered in our house bearing no. A-37, Main Nala Road, New Mustafabad, Delhi from the roof of the house of one neighbour namely Altaf and they knocked the door of second floor of our house and thereafter I opened the door and found three police officials in civil uniform in front of door of second floor and 3-4 police officials were standing in front of main gate of ground floor of our house. They asked me that where is Sakawat. I POOJA replied to the police officials that Sakawat is at the first floor. TALWAR Thereafter, all the three police officials apprehended the accused Digitally signed Sakawat and taking him to outside the house, then I and my by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 36 of 52 14:15:50 +0530 FIR no.90/17 father-in-law namely Hazi Usuf asked from the police officials that where are you taking Sakawat from here, the police officials replied that we are taking the accused Sakawat to PS Punjabi Bagh for some interrogation and we will free Sakawat after interrogation. My father-in-law said that I am making the 100 number call then police officials said that there is no need to make the 100 number call as we will free Sakawat within one and a half hours after some interrogation. Thereafter, police officials had taken Sakawat to PS Punjabi Bagh and falsely implicated in the present case and on the same day at about 4.00 pm about four police officials in police uniform came into my above said house bearing no.A-37, Main Nala Road, New Mustafabad, Delhi after breaking the lock of main gate of our house as at that time I was at the house of my mother-in-law I.e. H. no.3/24, Jiauddinpur, Gali no.19, New Mustafabad, Delhi-110094 and after hearing the noise of breaking the lock I came and found that police officials are breaking the lock of main gate and also broke the lock of first floor and thereafter entered in the room of first floor and open the almirah/safe and took the registry/sale deed of house bearing no. A-37, Main Nala Road, New Mustafabad, Delhi and Rs.20,000/- cash and one pair of silver anklet and one gold ring of my daugther and two gold rings of mine and all the articles were kept in one polythene bag and assured me that they will hand over to you."
Arguments on behalf of the State
5. Ld. Addl. PP for the State argued that the prosecution witnesses deposed against the accused persons. Their POOJA TALWAR testimonies could not be impeached despite extensive cross- examination. No motive of false implication has been cited by Digitally signed by POOJA TALWAR SC No. 414/17 State. Vs. Sakawat & Ors. Page : 37 of 52 Date:
2025.10.31 FIR no.90/17 14:16:18 +0530 the accused persons nor any cogent defence has been led. Prosecution succeeded in proving its case through the deposition of witnesses beyond reasonable doubt. Accused persons deserve to be convicted.
Arguments on behalf of accused
6. Ld. counsel for accused persons, per contra argued that the alleged secret information was received qua two accused persons. The persons who were allegedly arrested were wearing hamlets then how the secret informer was able to identify them stands unexplained. No photography of the place of incident was done to prove that the bullet was fired. No public witnesses have been joined despite the alleged place of incident being a public place. The accused persons were lifted from their house and were falsely implicated in the present case which stands proved from the testimony of defence witnesses. There are discrepancy in deposition of prosecution witnesses. No offence has been committed by the accused persons. They deserve to be acquitted.
7. Analysis of Law:
Section 186 of the Indian Penal Code (IPC) addresses the offense of "Obstructing public servant in discharge of public functions". It states that anyone who voluntarily obstructs a public servant in the performance of their public duties can be punished with imprisonment for up to three months, a fine of up to 500 rupees, or both.
POOJA Key Aspects of Section 186 IPC:
TALWAR Voluntary Obstruction: The obstruction must be intentional and voluntary. Digitally signed by POOJA TALWAR SC No. 414/17 State. Vs. Sakawat & Ors. Page : 38 of 52 Date:
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Public Servant: The obstruction is directed at a public servant who is acting in their official capacity.
Discharge of Public Functions: The action taken must impede the public servant's lawful duties.
Non-Physical Obstruction: The obstruction does not necessarily have to be physical; it can also include threats, intimidation, or non-cooperation that makes the task more difficult.
Section 353 of the Indian Penal Code (IPC) penalizes the use of assault or criminal force against a public servant to prevent or deter them from performing their official duties, or as a consequence of them performing those duties lawfully. The punishment for this offense can be imprisonment for up to two years, a fine, or both.
Key Elements of the Offence:
i) Assault or Criminal Force: The act must involve either an assault (a gesture or preparation that makes someone apprehend immediate use of criminal force) or the actual use of criminal force.
ii) Public Servant: The victim of the assault or criminal force must be a public servant.
iii) During Duty: The assault or force must occur while the public servant is carrying out their duty, or with the intent to prevent them from doing so, or in retaliation for their lawful actions.
iv) Purpose of the Section: The primary aim of Section 353 is to protect public servants in the performance of their official duties POOJA TALWAR and to ensure that they can carry out their functions without hindrance or injury. This is crucial for maintaining law and order Digitally signed by POOJA TALWAR and the smooth functioning of the government. Date:
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307. Attempt to murder.--Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine;
and if hurt is caused to any person by such act, the offender shall be liable either to 1[imprisonment for life], or to such punishment as is hereinbefore mentioned.
The essential ingredients to prove offence under Section 307 IPC (Attempt to Murder) are: (1) An act done with intention or knowledge to cause death and (2) This act must be performed under such circumstances that if it resulted in death, it would constitute murder.
The prosecution must prove the mens rea (guilty mind) and the actus reus (guilty act). Proof of injury is not mandatory, but the act itself must be of a nature that shows the intention or knowledge to cause death.
Now in order to prove Intention or Knowledge to cause death, prosecution must prove that the Act must be performed with the specific intent to cause death, or with the knowledge that it is likely to cause death.
In the five prime point to complete the offence are enumerated below: POOJA
1. The Act: The accused must have performed an act that shows TALWAR a clear intention or knowledge to commit murder. Digitally signed by POOJA TALWAR Date:
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2. Circumstances: The circumstances surrounding the act must be such that if the act had resulted in death, it would have been considered murder.
3. Risk of Death: The act must be so dangerous and imminently threatening that it carries a high probability of causing death or severe bodily injury, and the accused has no excuse for incurring this risk.
Important Considerations- Proof of Injury is Not Required:
Unlike murder, causing an actual injury is not a necessary element to prove an attempt to murder under Section 307. The focus is on the act and the intention or knowledge behind it.
4. Failed Attempt: A Section 307 offense is, by definition, a failed attempt to commit murder, where the death is not ultimately caused.
5. Severity of the Act: The severity of the offense is determined by the potential risk involved and the circumstances, not merely the eventual outcome.
Section 34 IPC provides exception to the general rule that no man can be held responsible for an independent act and wrong committed by another. It lays down the principle of joint liability in the doing of a criminal act. The essence of that liability is to be found in the existence of common intention, emanating from the accused leading to the doing of a criminal act in furtherance of POOJA such intention. It deals with doing of separate acts, similar or TALWAR adverse by several persons, if all are done in furtherance of Digitally signed common intention, each person is liable for the result thereof as if by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 41 of 52 14:17:20 +0530 FIR no.90/17 he had done the act himself. The soul of Section 34 IPC is the joint liability of doing a criminal act. This section only provides a rule of evidence and does not create a substantive offence. Two elements are necessary to fulfill the requirement of Section 34 IPC. One is that the person must be present on the scene of occurrence and the second is that there must be a prior concert or a pre- arranged plan. Unless these two conditions are fulfilled, a person cannot be held guilty of an offence by operation of Section 34 IPC.
8. Common intention implies a pre-arranged plan and acting in concert pursuance to that plan. Common intention comes into being prior to the commission of act in point of time which need not be a long gap.
9. I have heard the arguments advanced by all concerned and have perused the records including documents relied upon by the prosecution carefully.
Observation of the Court
10. Proceedings in the present case were initiated on the complaint of SI Sandeep Dabas Ex.PW7/C. Subsequently complaint under Section 195 CrPC Ex.PW5/A was filed by ACP Operations Cell, West District, Delhi.
11. It is alleged against the accused persons that they were the members of 'Namaste Gang' which was actively POOJA TALWAR operating in the area. On receipt of secret information a trap was laid. At about 4.25 pm the secret informer identified two accused Digitally signed by POOJA TALWAR persons and accordingly they were signaled to stop, however the Date:
2025.10.31 14:17:28 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 42 of 52 FIR no.90/17 pillion riders opened fire at the police men. With great efforts all the four accused persons were apprehended. Accused Sakawat was in possession of one pistol with live cartridge which was seized. Naimuddin @ Nasim was in possession of country made pistol. Third accused Gulzar also had a country made pistol which was recovered and fourth accused Naim was in possession of one button operated knife. All the four accused persons used criminal force against the raiding team and were accordingly charged with the offence under Section 186/353/34 IPC, 307/34 IPC and under Section 25 of Arms Act.
12. Prosecution examined PW1 HC Naveen who was the part of raiding team. He categorically deposed that on 22.02.2017 raiding team was constituted, pursuant to which SI Sandeep deployed members of raiding team at strategic locations. At 4.25 pm all the four accused persons came on two scooties from the underpass. Upon being signaled to stop the pillion riders of both the scooties tried to flee. One of the pillion rider of the scooty driven by accused Gulzar was accused Sakawat and the other scooty was driven by accused Naim and Nasimuddin was the pillion rider. When the police team approached accused Sakawat he fired at HC Vikas and Nasimuddin fired towards HC Rupesh. Both the constables them had a narrow escape. Accused Sakawat and Nasimuddin were chased and apprehended. Later accused Gulzar pulled out a fire arm and put it towards HC POOJA Naveen but could not fire the same. Accused Naim had a button TALWAR operated knife in his hand. The weapons used in offence were Digitally signed seized and all the accused persons were apprehended. The seized by POOJA TALWAR weapons alongwith cartridges and knife were sent to FSL for Date: 2025.10.31 14:17:38 +0530 opinion.
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13. Testimony of PW1 was corroborated with the testimony of PW3 HC Vikas, PW6 HC Rupesh, PW7 Inspector Sandeep Dabas. All these witness were extensively cross- examined. Neither any discrepancy was noticed in their testimonies nor their statements could be impeached during cross-examination.
14. Prosecution also examined PW2 HC Joginder Singh to prove FIR Ex.PW2/A. HC Sunil Kumar PW4 was the MHCM and was examined to prove the case properties were deposited in Maalkhana and the same were sent to FSL. No suggestion is given to the witness that the case property were tampered while they were kept in the Maalkhana.
15. PW8 Sh. V.R. Anant from FSL was examined to prove his report Ex.PW8/A. He opined that the pistols which were recovered from accused persons were in working condition and the test fire was conducted successfully.
16. Prosecution through the testimony of aforesaid witnesses laid the foundation of its case. The defence taken by the accused persons is that no offence was committed by them and that they were lifted from their house in the early morning hours and falsely implicated in the present case. The case property was planted.
17. In order to prove its defence accused Nasimuddin examined one Irshad Khan DW1 who deposed that accused POOJA TALWAR Nasmiuddin was lifted by 8 to 10 police officials on 22.02.2017 Digitally signed at 5 am with an assurance that after interrogation he will be sent by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 44 of 52 14:17:44 +0530 FIR no.90/17 back. Similarly Mohd. Ayub Quas deposed that on 22.02.2017 at about 5-5.30 am 3-4 police officials including one lady official jumped into the house of accused Gulzar and Naim from his house. Accused Sakawat examined Nasreem, his wife who too deposed on the same lines as DW1 and DW2.
18. With this backdrop I shall proceed to decide the charges levelled against the accused persons.
19. Accused persons were charged for the offence under Section 186/353/34 IPC for obstructing the public servants in discharge of their duties and using criminal force to deter them from discharging the same.
20. It is deposed by PW1, PW3, PW6 and PW7 that all the four accused persons were riding on two scooties and on being signaled to stop, the pillion riders tried to flee. The drivers of the scooty also made an attempt to run away but all the four were chased and apprehended. All the aforesaid four witnesses have categorically deposed against the accused persons that accused Sakawat and Nasimuddin fired pointing out towards HC Vikas PW3 and Nasimuddin towards HC Rupesh PW6. The testimonies of these witnesses could not be impeached despite extensive cross-examination.
21. The accused persons produced witnesses in their defence in order to prove that they were lifted from their homes POOJA by the police officials. All the witnesses are interested witnesses TALWAR being neighbours and wife of accused persons. None of them Digitally signed by POOJA filed any complaint post the alleged incident of apprehending the TALWAR Date: 2025.10.31 14:17:53 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 45 of 52 FIR no.90/17 accused persons from their homes. None of them raised any banner of revolt against the alleged illegal arrest. For the first time the plea was taken in court during cross-examination of the accused persons.
22. An application was moved under Section 91 CrPC by accused Sakawat to preserve the CDRs of his mobile phone and to collect the CCTV footage of the cameras installed outside the house of accused. The application was allowed and CDRs were brought on record, however the accused did not summon the witnesses to prove the said records or his location on the day of his arrest. In the said application it was also alleged that jewellery, mobile phones, documents, passports and other belongings from his house were taken by the police officials but no action was taken and no complaint was filed in court by the family members of accused Sakawat. On being asked during the arguments, the defence counsel stated that he does not want to rely on the said records and the same be ignored.
23. In view of the unimpeached testimony of the prosecution witnesses and unreliable testimony of defence witnesses it stands proved that the accused persons obstructed the police officials in discharge of their public duty and also used criminal force to deter them from discharging the same. Hence all the accused persons are liable under Section 186/353 IPC.
24. Further the accused persons have been charged under Section 307/34 IPC for firing upon HC Vikas and HC POOJA TALWAR Rupesh by firearm and also pointing out firearm towards HC Naveen and knife at HC Amit with an intention and knowledge Digitally signed by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 46 of 52 14:18:00 +0530 FIR no.90/17 of causing death.
25. It has already been decided in the preceding paragraphs that the accused persons were present at the place of incident.
26. Before proceeding further it would be pertinent to decide whether the acts of the accused persons were committed in furtherance of common intention.
27. The story of the prosecution is that on receipt of secret information a trap was laid. The accused persons came on two scooties and were signaled to stop. The accused persons were unaware about the presence of the raiding team at the place of incident. Perusal of testimonies of the prosecution witnesses would reveal that there was no conversation between the accused persons when the scuffle ensued between the police officials and the accused persons.
28. In order to impute common intention pre-arranged plan or prior concert is required to be proved. It has been held in Pandurang v. State of Hyderabad, MANU/SC/0048/1954: AIR 1955 SC 216: 1955 Cr LJ 572 that: "Their Lordships of the Supreme Court observed that it is well established that a common intention presupposes prior concert. It requires a pre- arranged plan because before a person can be vicariously convicted for the criminal act of another, the act must have been done in furtherance of the common intention of them all. The inference of common intention should never be reached unless it POOJA TALWAR is a necessary inference deducible from the circumstances of the Digitally signed case. The incriminating facts must be incompatible with the by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 47 of 52 14:18:07 +0530 FIR no.90/17 innocence of the accused and incapable of explanation on any other reasonable hypothesis."
29. In State of Uttar Pradesh v. Rohan Singh, 1996 Cr LJ 2884 (SC) the Supreme Court relied on the view of this court in Pandurang v. State of Hyderabad, MANU/SC/0048/1954: AIR 1955 SC 216: 1955 Cr LJ 572, and observed that: "Common intention necessarily implies a pre-arranged plan or prior concert or prior meetings of minds. Thus there is a sharing of the purpose, which is lacking in a case where several persons have the 'same or similar intention'. Several persons can simultaneously attack a man and each can have the same intention, namely, the intention to kill, and each can individually inflict a separate fatal blow and yet none would have the common intention required by the section because there was no prior meeting of minds to form a pre-arranged plan".
30. In view of the law laid down by the Hon'ble Apex court in order to charge the accused persons under Section 34 IPC prosecution is first and foremost require to prove prior meeting of minds or pre-meditation.
31. Reverting back to the facts of the present case though all the accused persons used weapons upon the police officials but the same was done in their individual capacity POOJA without their being common intention to cause death as they were TALWAR unaware of the presence of police officials at the place of Digitally signed by POOJA incident and they did not reach there with an intention to commit TALWAR Date: an offence. 2025.10.31 14:18:14 +0530 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 48 of 52 FIR no.90/17
32. Having said that I shall proceed to decide the role of each individual accused in commission of offence under Section 307 IPC. It is alleged by PW1, PW3, PW6 and PW7 that accused Sakawat who was the pillion rider on one of the scooty, he fired pointing towards HC Vikas and he had a narrow escape Testimony of all the aforesaid four witnesses is corroborated with testimony of each other. Testimony of all these witnesses could not be impeached despite extensive cross-examination.
33. It is alleged against accused Nasimuddin who was a pillion rider on the scooty driven by accused Naim fired pointing towards HC Rupesh. HC Rupesh had a narrow escape and succeeded in apprehending accused Nasimuddin.
34. HC Naveen chased accused Gulzar who too had a country made pistol, put the same towards HC Naveen but could not fire as he was over powered by HC Naveen. Accused Naim was over powered by Ct. Amit who did not allow the accused to operate the knife.
35. All the aforesaid weapons were seized and were sent to FSL. FSL report Ex.PW8/A would show that the firearms were in working condition and had live cartridges as well.
36. Prosecution through the evidence of aforesaid prosecution witnesses has been able to prove possession of firearms as well as use of the same by the accused persons.
POOJA TALWAR
37. It is a settled proposition of law in order to prove the charge under Section 307 IPC the guilty intention or knowledge Digitally signed by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 49 of 52 14:18:26 +0530 FIR no.90/17 is what is required to be proved, irrespective of its result.
38. Reliance is placed on Ansaruddin Vs. State of Madhya Pradesh (1997) 2 Crimes 157 (MP) wherein it has been held that: "It is not necessary that injury, capable of causing death, should have been inflicted. What is material to attract, the provisions of Section 307 is the guilty intention or knowledge with which the all was done, irrespective of its result. The intention and knowledge are the matters of inference from totality of circumstances and cannot be measured merely from the results."
39. It is argued by counsel for accused persons that prosecution has failed to show where the shot was fired as no photography of the place was done.
40. In so far as the said argument is concerned, although no photograph of the place of incident is brought on record, however empty cartridges have been collected which as per the FSL result have been fired from the arms recovered from possession of the accused persons. Only for the reason that no photography of the place of incident was done would not entitle the accused persons to be exonerated.
41. In view of the aforesaid discussions, accused persons are held liable for commission of offence under Section 307 IPC for having the requisite intention or knowledge that their act of pointing out the weapon and firing the shot could result in POOJA death. Though accused Naim was only in possession of button TALWAR operated knife but as per PW7 Inspector Sandeep Dabas accused Digitally signed by POOJA TALWAR SC No. 414/17 State. Vs. Sakawat & Ors. Page : 50 of 52 Date: 2025.10.31 FIR no.90/17 14:18:34 +0530 Naim took out a knife from the right side dub of his pant but could not open the same as was over powered by Ct. Amit. The act of taking out the knife from his pocket itself is sufficient to prove the intention of accused Naim.
42. Further the accused persons have been charged for the offence under Section 25 of Arms Act. Accused Gulzar was found in possession of one country made pistol and one live cartridge without valid license in contravention of Section 3 of Arms Act punishment for which is provided under Section 25 of Arms Act.
43. Accused Gulzar pointed out the country made pistol at HC Naveen but before he could fire the same he was apprehended by him.
44. Accused Sakawat was found in possession of one improvised pistol, one live cartridge and one empty cartridge without valid license in contravention of Section 3 of Arms Act punishment for which is provided under Section 25 of Arms Act. He fired at HC Vikas.
45. Accused Nasimuddin was found in possession of one country made pistol, one live cartridge and one cartridge case without valid license in contravention of Section 3 of Arms Act punishment for which is provided under Section 25 of Arms Act. He fired at HC Rupesh.
POOJA TALWAR
46. Accused Naim was found possession of one Digitally signed buttondar knife in contravention of notification issued by Delhi by POOJA TALWAR Date: 2025.10.31 SC No. 414/17 State. Vs. Sakawat & Ors. Page : 51 of 52 14:18:42 +0530 FIR no.90/17 Administration he took out the same while he was being chased by Ct. Amit.
47. It has already been discussed in the preceding paragraphs that the said arms were recovered from possession of accused persons which has appeared in the unimpeached testimony of PW1, PW3, PW6 and PW7. All the accused persons are hereby held liable for the offence under Section 25 of Arms Act.
Conclusion:
48. In the light of the above discussion, prosecution has succeeded in proving the guilt of the accused persons. Accordingly, accused persons, namely, Sakawat, Gulzar, Naim and Nasimuddin @ Naseem are held convicted under Section 186, 353, 307 IPC and under Section 25 of Arms Act.
POOJA TALWAR Announced in the open court (POOJA TALWAR) Digitally signed on 31.10.2025 ASJ-01(FTC) West District, by POOJA TALWAR Tis Hazari Court, Delhi Date:
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