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Delhi District Court

Insp. vs Rana That Accused Are Sitting In A Park ... on 26 August, 2019

            IN THE COURT OF SURESH KUMAR GUPTA

   ADDITIONAL SESSIONS JUDGE­04 & SPECIAL JUDGE

      (NDPS) SOUTH­EAST: SAKET COURTS: NEW DELHI


SC No. 134 of 17

State

Vs.

Asif S/o Sh Shah Alam
R/o C­292. Shaheen Bagh,
Abu Fazal Enclave Part­III,
Thokar No. 8, New Delhi.

Gulfam Ahmed
S/o Sh. Shamim Ahmed
R/o C­31. Shaheen Bagh,
Abu Fazal Enclave Part­III,
Thokar No. 8, New Delhi.

Irfan, S/o Sh. Abdul Majid,
R/o B­65, Third Floor,
Back Side, Shaheen Bagh, New Delhi.

Asad Khan, S/o Sh. Juber Alam,
R/o C­212, near Asian Medicos,
Third Floor, Village Jasola, New Delhi.

                                     FIR No. 546/16
                                     PS : Sarita Vihar
                                     U/s. 302/201/34 IPC


State v. ASIF ETC ­ SC 134 of 2017                         Page No. 1/25
 Instituted on : 25.02.2017
Argued on     : 14.08.2019
Decided on : 26.08.2019


                                     JUDGMENT

1 The facts of the prosecution case are like this. On 22.11.2016 DD No. 43A was received by SI Benketesh who alongwith Ct. Rahul went to the spot i.e. Living Style Mall where SI Muksh was already present. The blood was lying along the wall of service road in front of Wine and Beer shop in Living Style Mall. Rakesh Kumar met them who gave his statement to the police to the effect that he is running a stall of cold drinks and cigarettes outside Living Style Mall, Jasola. On 22.11.2016 at 7pm he was present at his stall. Two boys aged 30­32 years and 27­28 years came to his stall. The elder one has purchased cigarette of Gold Flake from him. Both of them started urinating on the wall behind his stall. One boy aged 28­30 years also came there and told to the elder one who was already urinating that, what he was speaking and he will tell him. He started abusing those two boys. The boytook out one desi katta and fired on the head of the elder boy urinating near the wall. He left his stall and fled towards the mall. Some passersby gathered on the spot State v. ASIF ETC ­ SC 134 of 2017 Page No. 2/25 and thereafter he came back to his stall. The elder boy was lying on the ground and blood was coming from his head. The boy who came with elder boy and the boy who has fired have fled from the spot. He called the police at 100 number. Ct. Rohit reached at the spot. The injured was removed to hospital in a private vehicle. He can identify both the boys including the boy who has fired gun shot. His statement was recorded. The injured was taken to Apollo Hospital. DD No. 445A was received by SI Benketesh. SI Mukesh was left on the spot. SI Benketesh and Ct. Rahul went to Apollo hospital where MLC of injured Alim Khan was taken who was found unconscious. Both of them came back with MLC. Crime team also reached at the spot and inspected the spot. Tehrir was prepared by SI Benketesh and sent to PS through Ct. Rahul for registration of case upon which FIR was registered. The injured has expired in the hospital. Usual investigation was carried out and charge sheet was filed u/s 302/201/34 IPC and 27 Arms Act was filed against the accused. 2 The accused were produced from J/C. The copy of the charge sheet was supplied to them. The case was committed to the court of Sessions by Ld. MM on 16.3.2017.

State v. ASIF ETC ­ SC 134 of 2017 Page No. 3/25 3 The charge under section 302/34 IPC was framed against all the accused and charge u/s 25/27 Arms Act and Section 201 IPC was also framed against the accused Asif on 15.5.2017 to which they pleaded not guilty and claimed trial. 4 The prosecution has examined 12 witnesses.

5 The accused have admitted FIR Ex. PA­1, Certificate u/s 65 B Indian Evidence Act Ex. PA­2, DD No. 5A Ex PA­3, DD No. 44 Ex. PA­4, DD No. 47 Ex. PA­5, Crime Team Report ex. PA­ 6, certificate u/s 65 B Indian Evidence Act of SI Umed Singh, Nodal Officer, CPCR Ex. PA7, PCR call forms Ex. PA­8 and 9, TIP proceedings Ex. PA­10, FSL reports dated 27.3.2017, 2.5.2017 and 24.5.2017 Ex. PA­11 to 13, sanction u/s 39 Arms Act Ex. PA­14, CAF and CDR alongwith certificate u/s 65B Indian Evidence Act of mobile phones bearing No. 9650656566, 9711739896, 8800260030 and 9717140433 Ex. PA­15 to PA­17, identification of dead body and receipt of dead body Ex. PA­18 and PA­19 u/s 294 CrPC. 6 The accused were examined under section 313 Cr.PC. Their defence is of denial simplicitor. However, no defence evidence has been led by the accused.

State v. ASIF ETC ­ SC 134 of 2017 Page No. 4/25 7 The prosecution has examined 12 witnesses.

8 PW1 Mohd. Amir stated that he is working as Photographer at the shop of Sanju situated at Shaheen Bagh. He does not recollect the date and month of incident but it was in the year 2016. He has not gone to the shop on the day of incident. He came to know from his friends about the incident. The police have asked from him about his whereabouts on the day of incident. He has told to the police that he was at his house at the time of incident though he was with deceased till 5pm. He does not know who has fired upon Raju. He was declared hostile and cross­examined at length by the prosecution. During cross­examination by the prosecution the suggestion is denied that his statement dated 23.11.2016 was recorded u/s 161 CrPC. He admitted that he knew the deceased through Sanju @ Shailender. He admitted that he had told to the police that on 22.11.2016 at 3.40pm he was called by the deceased near Mother Dairy where he saw Babloo with deceased and all of them went to bank to deposit the money. The suggestion is denied that he had told to police that Babloo has brought a quarter bottle of liquor which was consumed by Babloo with deceased and he has State v. ASIF ETC ­ SC 134 of 2017 Page No. 5/25 brought the beer for both of them and thereafter one of the friends of Babloo also reached at the Mall and Babloo has left with his friend or that Raju has called Babloo on phone upon which Babloo informed him that he is at SBI Bank and thereafter he alongwith deceased Raju went there and stayed there for some time and came back to Living Style Mall and consumed beer or that he alongwith deceased has purchased cigarette from the kiosk and he saw that three persons, looking like labourers, were standing there and deceased gave them beating and forced them to flee from there and one person standing near khokha came near the deceased and told the deceased that he is an advocate or that said advocate told the deceased that he is residing at Janta Flat who made a call to somebody or that Advocate and deceased were standing there and three boys came and talked with the Advocate who called them by the names of Asif, Gulfam and Irfan or that Irfan told his associates that the boy is brother of Shah Alam and they have made him Don of Shaheen Bagh upon which said Advocate took Asif to one side and they started conversation and deceased stood near the wall and he started urinating there or that Asif came near them and told the State v. ASIF ETC ­ SC 134 of 2017 Page No. 6/25 deceased what he has uttered to the Advocate and thereafter Asif started saying to deceased why he has quarrelled with Advocate and thereafter deceased told Asif that he will talk with him after passing the urine or that Gulfam and Irfan have told Asif that it is an opportunity for them to finish the elder one and thereafter Asif took out one country made pistol from his pant pocket and fired on the head of the deceased who fell down and thereafter all the three persons fled from the spot or that he has returned back to the house out of terror or that he can identify Advocate and three boys or that he has identified all the accused including Asif who has fired upon deceased or accused present in the court are the same person who are involved in the case or that he was win over by family members of the accused. He is confronted with his statements mark Ex. PW1/A and PW1/B where it is so recorded. No cross­examination was done by the accused though opportunity was given.

9 PW 2 Rakesh Kumar stated that on 10th or 11th month of 2016 he used to sell cold drinks and water on the rehri outside Living Style Mall, Jasola. At 7­8pm two persons came and fired a gun shot on the person who was standing near the wall at some State v. ASIF ETC ­ SC 134 of 2017 Page No. 7/25 distance from his rehri. The said person was urinating at that time. The persons fled from the spot. He has called the police. PCR van came and removed the injured to hospital. He has told to the police that he can identify the offenders if shown to him. His statement Ex. PW2/A was recorded by the police. The offenders are not present in the court. He was declared hostile and cross examined at length by the prosecution. During cross­examination by the prosecution he admitted that on 22.11.2016 the incident has taken place. The suggestion is denied site plan was prepared at his instance. He has failed to identify the accused. The suggestion is denied that he is not deliberately identifying the accused. No cross­examination was done by the accused though opportunity was given.

10 PW6 Insp. Mukesh Kumar Jain has proved scaled site plan ex. PW6/A. 11 PW7 Dr. Majid stated that on 22.11.2016 injured Alim Khan was brought with alleged history of gun shot in Apollo hospital. The injured was bleeding profusely from the right frontal region. There was secretion of blood in the air way. The patient was State v. ASIF ETC ­ SC 134 of 2017 Page No. 8/25 gasping. There were three injuries. He has prepared MLC ex. PW7/A. 12 PW9 Dr. Rajesh Kumar stated that on 23.11.2016 he has received the inquest papers. He has started postmortem at 1.30pm on the body of deceased and concluded it at 3.10pm. There was alleged history of gun shot injury to the deceased in front of Living Style Mall, Jasola, New Delhi who was brought to Apollo hospital in an unconscious state with bleeding from right frontal region. He has found three injuries on his person. Viscera, swab from the entry wound, control swab, blood in gauze and recovered bullet were sealed with the seal of Department and handed over to the police. The time since death was half a day. The cause of death was cranio cerebral injury caused by firearm. The viscera and other samples were preserved for chemical examination. The PMR is Ex. PW9/A. 13 PW10 Ct. Puneet has taken the photographs Ex.

PW10/A1to A6 of the spot. The negatives are Ex. PW10/A7. 14 PW12 Puneet Puri, Assistant Director (Ballistic) FSL stated that on 3.3.2017 three sealed parcels sealed with seal of State v. ASIF ETC ­ SC 134 of 2017 Page No. 9/25 Department of Forensic Medicines, AIIMS, New Delhi and one parcel sealed with seal VR were received through HC Mohan Lal which were assigned to him for examination. The seals were found intact with specimen seals and FSL form. One swab from the entry wound of the deceased was taken out from parcel Ex. S1, one controlled swab of deceased was taken out from parcel Ex. C1, one deformed bullet was taken out from parcel EB­1 and one country made pistol of .315 inch bore was taken out from Ex. F1. Five 8mm/.315 inch cartridges were received for test firing. 15 The country made pistol Ex. F1 was in working order. The test fire was conducted from the 5 cartridges. The 2 test fired cartridges are Ex. TC1 and TC2 and 2 recovered test fired bullets are Ex. TB1 and TB2. The bullet Ex. EB1 was corresponding to 8mm/.315 inch bullet discharged from Ex. F1 as the individual characteristics present on Ex. EB1 and on the test fired bullets TB1 and TB2 were found identical on examination. The swab Ex. S1 and C1 were analyzed for detection of gun shot residue particles. The gun shot residue particles were detected on S1. The country made pistol and bullets are fire arms and ammunition. His detailed report State v. ASIF ETC ­ SC 134 of 2017 Page No. 10/25 is Ex. PW12/A. During cross­examination by the accused he has admitted that bullet of .315 inch bore can be discharged through any .315 inch bore country made pistol.

16 PW8 SI Benketesh stated that on 22.11.2016 DD No. 44A Ex. PA­4 was handed over to him upon which he alongwith Ct. Rahul went in front of Living Style Mall, Jasola Vihar, New Delhi where SI Mukesh met them. The blood was found scattered on the spot. They came to know that injured has been removed to Apollo hospital by Ct. Rohit. SI Mukesh was left on the spot. DD No. 45A was received from Apollo hospital. They went to hospital where injured Alim Khan was found unconscious and admitted to hospital. No eye witness was found at the hospital. They came back to the spot. Crime team also reached at the spot. The photographs were taken. Complainant Rakesh met them on the spot whose statement Ex. PW2/A was recorded. Endorsement Ex. PW8/A was prepared by him and sent to PS through Ct. Rahul for registration of FIR who came back with copy of FIR and original tehrir. Site plan Ex. PW8/B was prepared by him. The blood with the help of cotton, blood stained soil, earth control were lifted and kept in the plastic box and State v. ASIF ETC ­ SC 134 of 2017 Page No. 11/25 sealed in a pullanda with seal BK and taken into possession vide memos Ex. Pw8/C. The motorcycle bearing No. DL­3S­CU­5227 lying on the spot was taken into possession vide Fard Ex. PW8/D. They went to hospital where doctor has handed over the clothes and other exhibits of the injured in a sealed condition with sample seal which were taken into possession vide memo Ex. PW8/E. Ct. Rohit has produced one mobile phone and purse containing Rs. 200 and Aadhar card of injured which were taken into possession vide memo Ex. PW8/F. The family members of the injured came to hospital. They came back to PS and deposited the case property. On 23.11.2016 DD No 5A Ex. PA­3 was received from hospital regarding death of injured. The investigation was handed over to Insp. V S Rana.

17 On 29.11.2016 he alongwith Insp. V S Rana, SI Nagender, HC Khalil, Ct. Rahul and Ct. Vinay was present at 5pm at picket, Living Style Mall where secret information was received by Insp. VS Rana that accused are sitting in a park near Kalindi Kunj upon which some public persons were asked to join them but none of them agreed and left the spot without disclosing their names and State v. ASIF ETC ­ SC 134 of 2017 Page No. 12/25 addresses. They went to the park and apprehended the accused Irfan, Shamim Gulfam and Asif who were interrogated and disclosed about their co­accused Asad Khan who was apprehended from mother dairy, village Jasola. All of them were arrested. Their personal search and arrest memos Ex. PW4/A to G were prepared. 18 Accused Mohd. Asif disclosed that he has kept the katta in his house. He took them to his house at C­292, Abu Fazal Enclave, Part­III, New Delhi and got recovered one desi katta from the wooden almirah from his room of the house. The sketch of Ex. PW4/M of the katta was prepared. The katta was sealed in a pullanda with seal VR and taken into possession vide Fard Ex. PW4/N. The accused took out one T shirt, which he was wearing at the time of incident, and sealed in a pullanda with seal VR and taken into possession vide Fard Ex. PW4/O. The case property was deposited in the malkhana. The pointing out of memos Ex. PW4/S to R of the spot were prepared at the instance of the accused. His statement was recorded. He has identified desi katta Ex.P1 and T shirt Ex. P2. During cross­examination by accused Asad he stated that booth of mother diary was open at that time and occupant from State v. ASIF ETC ­ SC 134 of 2017 Page No. 13/25 mother dairy was called by the IO who did not become a witness. He does not know whether the name of that person was recorded or not. The suggestion is denied that on 29.11.2016 at 1am accused was picked from his house at village Sabdalpur, Distt. Bullundshahar, UP or that accused did not give any disclosure statement. During cross­ examination by accused Irfan he stated that he does not know if DD entry was lodged before leaving the PS. The shops in the Mall were lying open but no shopkeeper was called to join the investigation. The suggestion is denied that accused was not apprehended from the park or his disclosure statement was not recorded. During cross­ examination by accused Asif and Gulfam he stated that distance between the park and PS is of 10 minutes. Kalindikunj Park is not situated within the jurisdiction of PS, Sarita Vihar. There are few shops near the park. The parking attendant was present in the parking of the park but no one from the parking was called to join the investigation in his presence. Many public persons were present inside the park. They came back to PS after apprehending the accused. He alongwith IO, ASI Khalil and accused went to house of accused Asif. The house of accused Asif is four story building. Few State v. ASIF ETC ­ SC 134 of 2017 Page No. 14/25 public persons were asked to join them. No chance print was lifted from the recovered katta. There are two or three rooms on each floor of the house and persons might have been residing in the rooms. The suggestion is denied that accused Asif did not get the katta and T shirt recovered from his house or that case property is planted on the accused or that signed blank papers were converted into disclosure statements.

19 PW4 ASI Khalil Ahmad has corroborated the version of PW8 and further added that disclosure statements Ex. PW4/I to L of the accused were recorded. He has identified the case property i.e. katta Ex.P1 and T shirt Ex. P2 produced in the court. During cross­ examination by the accused Asif and Gulfam he stated that secret information was received by Insp. VS Rana which was disclosed to all the team members. The distance between PS and Park is of 2.5 or 3 KM. The park does not fall within the jurisdiction of PS, Sarita Vihar. Public persons were requested in the park to join them. There is parking in the park. The accused were sitting in the park. The house of accused Asif is five story building. Some ladies were present inside the house. There are four rooms in the house of State v. ASIF ETC ­ SC 134 of 2017 Page No. 15/25 accused Asif. Some persons were residing on other floors of the house. The house is situated in a densely populated area. The suggestion is denied that accused was not apprehended in the manner as deposed by him or katta and T shirt were not recovered from the house of accused Asif and that is why no public person was associated or that katta and T shirt were planted on the accused Asif or that accused Asif did not give any disclosure statement. During cross­examination by accused Irfan the suggestion is denied that accused was not apprehended from the park or that on 29.11.2016 he was lifted from his house or that no disclosure statement was given by the accused. During cross­examination by accused Asad he stated that they reached at booth, Mother Dairy at about 5.30pm. The booth was open at that time. The employee was called to join investigation who did not join the investigation. The suggestion is denied that no pointing out memo was prepared at instance of accused or that on 29.11.2016 accused was lifted from his village Sadalpur, Bullundshahar, UP.

20 PW5 SI Mukesh stated that on 22.11.2016 DD No. 44A Ex. PA4 was received by him at 7.20pm upon which he reached State v. ASIF ETC ­ SC 134 of 2017 Page No. 16/25 at 7.30pm at Living Style Mall where blood was scattered on the service road in front of Mall. He came to know injured has been removed by Ct. Rohit to Apollo hospital. Rakesh Kumar, eye witness, was present there. SI Benketesh and Ct. Rahul came there. SHO and other senior officers also reached there. The statement of Rakesh was recorded. SI Benketesh and Ct. Rahul went to Apollo hospital and came back with MLC. The statement of Rakesh was recorded. Crime Team was called who inspected the spot. The rough site plan was prepared by SI Benketesh. Ct. Rahul came back after registration of case with copy of FIR and Tehrir. The exhibits from the spot were lifted by the IO. The motorcycle No. DL­3S­CU­5227 of the injured was taken into possession. He alongwith SI Benketesh and Ct. Rahul went to Apollo hospital where relatives of injured were present. Ct. Rohit has produced one mobile phone and purse containing Rs. 200/­ and one photocopy of Aadhar Card of injured which were taken into possession. The clothes and blood sample of injured in sealed condition were given which were taken into possession by the IO.

21 On 23.11.2016 he went to Apollo hospital at the State v. ASIF ETC ­ SC 134 of 2017 Page No. 17/25 instance of the IO. The dead body was brought to mortuary for postmortem. The dead body was identified vide memos Ex. PW5/A and B. The postmortem on body of deceased was conducted. The dead body was handed over to relatives of deceased vide memo Ex. PW5/C. The doctor has handed over five sealed exhibits alongwith three sample seals to Ct. Ashish which were taken into possession vide memo Ex. PW3/A. He has deposited the exhibits in the malkhana.

22 PW3 Ct. Ashish has corroborated the version of PW5. 23 PW11 Insp. VS Rana has corroborated the version of PW5 and 8 and further added that he has moved an application for the TIP of the accused. The accused have refused to join TIP. The scaled site plan was got prepared from Insp. Mukesh Jain. The PCR forms were taken from CPCR. He has collected CAF and CDR of six mobile numbers from different service providers. He has recorded statements u/s 161 CrPC. He has sent a request to provide live cartridges for the purpose of handing the same to FSL for comparison. Five live cartridges were received from the office which were taken into possession vide memo Ex. PW11/A and sent to FSL State v. ASIF ETC ­ SC 134 of 2017 Page No. 18/25 alongwith recovered case property. He has filed the supplementary charge sheet with FSL report and sanction u/s 39 of Arms Act. During cross­examination by accused Asad and Irfan he stated that he has left the PS at 3pm and reached at 5pm at Kalindikunj. The booth of mother dairy was open at that time. He did not ask the employee of mother dairy booth to join the investigation. The suggestion is denied that accused Asad was lifted from his house at Bullundshahar or that his signatures were taken on blank papers and converted into disclosure statement or that accused Irfan was arrested from his house at Shaheen Bagh or that no disclosure statement was given by accused Irfan. During cross­examination by accused Asif and Gulfam he stated that the house of accused is four story building. The house of accused Asif in on the ground floor. No chance print was lifted from katta. The suggestion is denied that accused Asif did not give disclosure statement or that katta and T shirt were not recovered at the instance of accused Asif and same is planted upon him.

24 Ld. Addl. PP for the State submitted that accused have committed the offence in question. He further submitted that accused State v. ASIF ETC ­ SC 134 of 2017 Page No. 19/25 Asif was arrested who has got recovered one country made pistol from his house. He further submitted that said country made katta has been used in the commission of the crime as the bullet recovered from the body of the deceased was tallied with the bullet fired from the said katta. He further submitted that FSL report clearly shows that country made pistol was arm and bullet was ammunition. He further submitted that FSL clearly nails the accused that they have committed the murder of the deceased.

25 Ld. Counsel for the accused Asad and Irfan submitted that there is no evidence on record to connect them with murder of the deceased.

26 Ld. Counsel for accused Asif and Gulfam submitted that there is no evidence on record against the accused Gulfam. He further submitted that the recovery of country made pistol from the house of accused Asif is defective. He further submitted that FSL report alone is no evidence to connect the accused with murder of deceased. He further submitted that merely because gun shot was fire from the country made pistol allegedly recovered from the possession of accused Asif does not show his complicity in the State v. ASIF ETC ­ SC 134 of 2017 Page No. 20/25 crime. He has placed reliance on CT Ponnappa v. State of Karnataka 2004 SCC Crl. 96.

27 Heard and perused the record.

28 The prosecution has examined 12 witnesses in order to prove its case.

29 The accused have admitted FSL reports Ex. PA­11 to PA13 coupled with CAF and CDRs of mobile phone No(s) 9650656566, 9711739896, 8800260030 and 9717140433 Ex. PA­15 to PA­17.

30 PW1 and 2 are the material witnesses. They are eye witnesses. Their testimony is material to show that accused have committed murder of the deceased. Both of them have not supported the case of prosecution at all. They have been declared hostile and cross­examined at length by the prosecution. The prosecution has failed to shatter them during the course of cross­examination. The prosecution has failed to bring out any incriminating material against the accused. They have given total go by to their statements recorded by the police. There is nothing on record to discard their testimony. 32 The testimony of PW4, 5, 8 and 11 shows that accused State v. ASIF ETC ­ SC 134 of 2017 Page No. 21/25 Asif, Gulfam and Irfan were apprehended from Park, Kalaindikunj whereas accused Asad was arrested from near the mother diary booth, village Jasola, New Delhi. Their disclosure statements were recorded.

33 The disclosure statement Ex. PW4/I of accused of Asif was recorded. The accused has taken the police party headed by PW11 to his house No. C­292, Shaheen Bagh, New Delhi and got recovered one country made pistol Ex. P1 from the wooden almirah of his room kept inside in his room.

34 The recovery of katta from the house of accused Asif does not inspire confidence. It has come in the testimony of PWs that building, where accused Asif is residing, is a five story building. The persons are residing in the building. Some ladies were present in the house of accused Asif at the time of recovery. There is no evidence on record that room was in the exclusive possession of the accused Asif. No one from the building or from the house of the accused Asif was taken as a witness at the time of recovery of the katta Ex. P1. It is quite strange that PW11 has failed to associate any person from the building or from the locality to witness the State v. ASIF ETC ­ SC 134 of 2017 Page No. 22/25 recovery of katta. This creates a doubt about the recovery of katta from the house of accused Asif at his instance. The recovery of katta is doubtful and same does not inspire confidence. 35 The katta Ex. P1 was sent to FSL. Five cartridges of 8mm/.315 inches bore were taken from the office and sent for test firing to FSL. The testimony of PW12 shows that he has test fired the country made pistol with the cartridges received from the police. The country made pistol is a firearm. The two fired bullets TB­1 and TB­2 correspond to the deformed bullet Ex. B1. The bullet Ex. B1 was taken out from the body of deceased.

36 The testimony of PW12 further shows that bullet of .315 inch bore can be discharged through any .315 inch bore country made pistol. His testimony shows that any bullet of .315 inch bore can be discharged through the recovered country made pistol Ex. P1. It means that any bullet of .315 inch bore can be discharged through katta Ex. P1. This in no way, connects the accused with the theory that accused Asif had fired the gun shot from katta Ex. P1 on the deceased and killed him. Reliance is placed upon CT Ponnappa v. State of Karnataka(Supra).

State v. ASIF ETC ­ SC 134 of 2017 Page No. 23/25 37 The FSL report Ex. PA­11 shows that no metallic poison, tranquilizer, pesticide were found in the stomach, intestine liver or blood sample of the deceased. The FSL report Ex. PA­12 only shows that the blood of the deceased was detected on the cotton wool swab, blood stained soil, cloth of the deceased and brownish gauze cloth piece as well as blood kept in the tube. The FSL report Ex. PA­13 shows that alcohol was found in the blood of the deceased. These reports nowhere advances the case of the prosecution. The CAF, CDRs and certificates u/s 65B Idian Evidence Act of the mobile phones No. 9650656566, 9711739896, 8800260030 and 9717140433 Ex. PA­15 to PA17 do not connect the accused with commission of crime.

38 The evidence on the file is not enough to connect the accused with the commission of crime in question. 39 Hence, I have no hesitation to hold that prosecution has failed to prove its case against the accused beyond shadow of reasonable doubt. The accused is acquitted of the offence charged. 40 The case property be destroyed after the expiry of the period meant for appeal.

State v. ASIF ETC ­ SC 134 of 2017 Page No. 24/25 41 The accused are directed to furnish their personal bonds with surety bonds in the sum of Rs. 25,000/­ each in terms of section 437A CrPC.

42 Bonds furnished and accepted.

43 File be consigned to record room after completion of all formalities.

announced in the open court on 26th August, 2019 (SURESH KUMAR GUPTA) ASJ­04 & Spl. Judge (NDPS) South­East District Saket Courts, New Delhi State v. ASIF ETC ­ SC 134 of 2017 Page No. 25/25