Delhi District Court
State vs Arvind Sharma @ Pushkar on 19 August, 2025
IN THE COURT OF MS. SHEFALI BARNALA TANDON,
ADDITIONAL SESSIONS JUDGE-05, WEST, TIS HAZARI
COURTS, DELHI
CNR No. DLWT01-000848-2013
Case No. 57011/2016
FIR No. 70/13
PS Janak Puri
State
v.
Arvind Sharma @ Pushkar
S/o Sh. S. Kanchan Lal Sharma
R/o H. No. 123, Santosh Park,
Uttam Nagar, New Delhi.
Date of Institution 05.06.2013
Date of committal 16.07.2013
Date of Charge 31.03.2014
Charge framed under section 307/333/353/186 IPC and 25 Arms Act
Date of reserving Judgment 11.08.2025
Date of Decision 19.08.2025
Final Judgment Accused Arvind Sharma @ Pushkar is
held guilty and convicted of the
Charge.
SC No. 57011/2016 Page 1 of 70
State v. Arvind Sharma @ Pushkar
JUDGMENT
Brief facts of the case:
1. Accused Arvind Sharma @ Pushkar has been facing trial of the charge under Section 307/333/353/186 IPC and 25 Arms Act as on 06.03.2013 at about 09:30 PM, on the back side of boundary wall of SRS Mission School in front of Nav Yuvak Gram Samiti, WZ-38, Nangli Jalib, B-1, Janak Puri, accused had assaulted, used criminal force on police raiding party by firing upon the injured HC Sham Lal and caused grievous injuries to him, being a public servant in discharge of his duties as public servant with intention to prevent and deter HC Sham Lal and other police officials from discharging their duties as such public servants, in consequence of anything done or attempted to be done by them in the lawful discharge of their duties, with such intention and knowledge and under such circumstances that if by that act, he would have been caused the death of HC Sham Lal, he would have been guilty of murder. Accused had also voluntarily obstructed the HC Sham Lal, Insp. Arti Sharma and other team staff of the police in discharge of their public functions. Accused was also found in possession of one country made pistol and five live in contravention of provisions of Arms Act.SC No. 57011/2016 Page 2 of 70
State v. Arvind Sharma @ Pushkar Investigation conducted and statement of injured:
2. On receipt of DD no. 54A dated 06.03.2013, SI Ghanshyam Kishore reached at the spot i.e. behind boundary Wall of SRS Mission School in front of Navyuvak Gram Samiti, WZ-38, Nangli Jalib, B-1 Janak Puri, Delhi, where Insp. Arti Sharma, SIT, Crime Branch alongwith her staff met him. At the spot, ASI Ramesh Singh, HC Rajiv, HC Bijender, Ct. Harjinder and Ct.
Rajesh were also found there. One Santro Car bearing no. DL-4CR-7712, black colour was also found stationed towards the boundary wall of SRF Mission School and its windscreen and front & rear side screen of driver side was found broken. One another Santro Car bearing no. DL-3CR-3586, white Colour was also found stationed there having blood stains on its Bonnet. One empty cartridge was also found lying outside of driver side of black Santro Car and blood was also scattered on the road near the said black Santro Car.
3. Crime team was called at the spot. Thereafter, Insp. Arti Sharma handed over one handwritten complaint in which she had mentioned all the details of raid vide which accused was apprehended alongwith the accused and one pistol, to SI Ghanshyam Kishore whose name was revealed as Arvind Sharma @ Pushkar S/o Sh. Kanchal Lal Sharma R/o RZ-123, Santosh Park, Uttam Nagar, New Delhi. SI Ghanshyam Kishore had handed over the custody of accused Arvind Sharma to HC SC No. 57011/2016 Page 3 of 70 State v. Arvind Sharma @ Pushkar Bijender and Ct. Rajesh. Thereafter, the IO checked the Pistol recovered from the possession of accused Arvind Sharma @ Pushkar and found four live cartridges in its Magazine. On checking its Chamber, one more live cartridge was found in its chamber. The word "KF 7.65" were engraved on all the five live cartridges. Thereafter, IO/SI Ghanshyam Kishore prepared sketch of Pistol, all the five live cartridges and its Magazine, sealed the same with the seal of GK and took into possession vide seizure memo. During investigation, IO also sealed the empty cartridge lying outside the black Santro Car with the seal of GK and took into possession vide seizure memo. During investigation, one empty cartridge was also found lying on the foot rest of driver side of Santro Car bearing no. DL-4CR-7712, which was sealed with the seal of GK and took into possession vide seizure memo.
4. In the handwritten complaint of Insp. Arti Sharma, it was mentioned that on 06.03.2013 at about 07:15 PM, when she was present in her office and HC Sham Lal produced one secret informer who informed that member of Monu Gang namely Arvind Sharma @ Pushkar @ Gautam resident of Uttam Nagar, who was wanted in murder case of PS Binda Pur would come at about 09:00 or 09:30 PM in his black colour Santro Car bearing no. DL-4CR-7712 at Mission School, Nangli Jalib to meet his associates. He further informed that accused Arvind Sharma also used to keep weapon with him and if raid is conducted, he can be SC No. 57011/2016 Page 4 of 70 State v. Arvind Sharma @ Pushkar apprehended. Insp. Arti Sharma got recorded this information in DD no. 12 and informed to her senior officers who instructed her to conduct raid for the apprehension of abovesaid accused.
5. Thereafter, Insp. Arti Sharma constituted a raiding party consisting of SI Rajneesh Sharma, ASI Suresh Kumar, ASI Hem Karan, HC Rajender, HC Bahadur Sharma, HC Shyam Lal, Ct. Dabbu Kanwar and Ct. Gyaneshwar. Insp. Arti Sharma alongwith driver ASI Hem Karan, Ct. Dabbu Kanwar and secret informer were in govt. Gypsy bearing no. DL-1CM-4231; HC Shyam Lal, HC Bahadur Sharma and ASI Suresh Kumar were in private Car bearing DL-3CP-3586 and SI Rajneesh Sharma, HC Rajender and Ct. Gyaneshwar were in another private Car bearing no. DL-6CN-0390. HC Shyam Lal and Ct. Dabbu Kanwar were having bullet proof Jackets.
6. At about 08:45 PM, Insp.Arti Sharma alongwith her raiding team reached in front of Mission School where Insp. Arti Sharma requested 05 persons to join the raiding team but none of them was agreed and stated that 'बदमाशों के चक्कर में नहीं पड़ना चाहते' and left from there without disclosing their names and addresses. However, due to paucity of time, she could not give any notice to those public persons. Thereafter, Insp. Arti Sharma briefed the raiding team and made 'Reiki'. Insp. Arti Sharma parked her Gypsy in front of B-1/234, Nangli Jalib road; SI Rajneesh Sharma parked his vehicle near Khatta Dalaan no. 118/109 and HC Shyam Lal parked his vehicle in front of B-1/428, Janak SC No. 57011/2016 Page 5 of 70 State v. Arvind Sharma @ Pushkar Puri, towards Nangli Jalib side on the road.
7. At about 09:15 PM, one black colour Santro Car bearing no. DL-4CR-7712 was seen coming from the side of Gurudwara Road which was stationed on the boundary wall of Mission School in which one person aged about 25/30 years was sitting at the driver seat. On the identification of secret informer and after giving signal of Insp. Arti Sharma, by putting ON the head lights of their vehicle, all the raiding team had surrounded the abovesaid black Santro Car from all sides. Thereafter, HC Shyam Lal reached at the driver side window of said black colour Santro Car and informed him about the raiding team and asked him to surrender. Upon this, said driver locked his vehicle from the inside and took out one pistol from his left side dub and fired upon HC Shyam Lal which hit on the left palm of HC Shyam Lal. HC Shyam Lal immediately after said gun shot, caught hold of the pistol of driver with his right hand upon which the said driver again fired with the said pistol which passed over the head of HC Shyam Lal. On seeing this, the raiding team had broken the glass of windscreen and rear glass of driver seat and caught hold of the said driver alongwith the pistol. Thereafter, the said driver got down from the Santro car and inquiries were made in which he disclosed his name as Arvind Sharma @ Pushkar S/o Sh. Kanchan Lal Sharma r/o 123, Santosh Park, Uttam Nagar, Delhi.
SC No. 57011/2016 Page 6 of 70State v. Arvind Sharma @ Pushkar
8. Thereafter, since HC Shyam Lal received bullet injuries in his hand, he was sent to DDU hospital alongwith SI Rajneesh Sharma and then she made a call to local police and had handed over the accused Arvind Sharma alongwith the pistol to SI Ghanshyam Kishore. On the complaint of Insp. Arti Sharma, the present case was registered and investigation was taken up by the SI Ghanshyam Kishore.
9. During investigation, SI Ghanshyam Kishore prepared the site plan of the place of incident; Black Santro Car bearing no. DL-4CR-7712 was checked in which two old mobile phones Nokia company black colours having Sim Cards of Idea company were recovered from its Dash board however, its covers and batteries were absent. The same were taken into possession by the IO vide seizure memo. With the help of crime team, IO lifted the exhibits i.e. blood on gauze, blood-stained soil and earth control, sealed them with the seal of GK and took into possession vide seizure memo. Both the vehicle i.e. DL-4CR-7712 black colour Santro Car, belonging to accused and White colour Santro Car DL-3CP-3856, belonging to injured on which blood stains were present, were taken into possession vide seizure memo. During investigation, accused was arrested in the present case and his personal search was conducted in which one brown colour purse containing Rs.17,500/-, one driving licence and two Sim Cards of idea Company were recovered. His disclosure statement was also recorded.
SC No. 57011/2016 Page 7 of 70State v. Arvind Sharma @ Pushkar
10.In the hospital, the clothes of injured HC Shyam Lal had also taken into police possession. All the seized articles were deposited in the malkhana of PS Janak Puri. Statements of witnesses were recorded by the IO and thereafter accused was produced before the concerned Court of Ld.MM from where he was sent to J.C.
11.Thereafter, investigation of the present case was assigned to Insp. H.S.P.Singh who deposited the exhibits in the FSL, Rohini through Ct. Mukesh vide FSL No. 2013/F-2021. During investigation, on 05.04.2013, photographs of the spot were received from the photographer of Crime team. Blood sample of injured HC Shyam Lal was taken at DDU hospital and preserved in the malkhana of PS Janak Puri. Later on, after transfer of Insp. H.S.P.Singh, the investigation of the present case was further assigned to Insp. Raj Kumar, who during investigation, got deposited the exhibits i.e. blood on gauze, blood stained dust, blood-stained shirt, vest, handkerchief and blood sample of injured at the FSL, Rohini on 17.04.2013 through Ct. Shri Ram. During investigation, FSL result and Sanction u/s 39 Arms Act was also obtained. However, final opinion regarding nature of injury was awaited. Complaint u/s 195 Cr.P.C. was also obtained from the ACP/crime branch. After completion of investigation, charge sheet of the present case was filed against the accused Arvind Sharma @ Pushkar for the offence punishable u/s 186/353/332/307 IPC & Section 25/27 Arms Act before the SC No. 57011/2016 Page 8 of 70 State v. Arvind Sharma @ Pushkar concerned Court. On 26.08.2013, pending trial, supplementary charge sheet qua FSL result was filed before the Court.
Charge:
12.Charge for the offence punishable under Section 307/333/353/186 IPC and 25 Arms Act IPC was framed against the accused Arvind Sharma @ Pushkar by the Ld. Predecessor of this Court on 31.03.2014, to which he pleaded not guilty and claimed trial.
The Trial Prosecution evidence:
13.The prosecution in support of its case had examined 24 witnesses i.e. PW-1 HC Shyam Lal (Injured); PW-2 Ct.Sukram Pal (Photographer of crime team); PW-3 SI Sushil Kumar (duty officer); PW-4 ASI Babu Ram (DD writer); PW-5 SI Azad Singh (Incharge Mobile Crime Team); PW-6 Ct. Shriram (MHCP); PW-7 Ct. Mukesh (deposited the exhibits at FSL); PW-8 Insp. Arti Sharma (Incharge of Raiding Team); PW-9 Dr. Anubhav Gupta (proved the medical record ); PW-10 ASI Bahadur Sharma (member of raiding team); PW-11 SI Rajnish Sharma (member of raiding team); PW-12 Dr. Rajeev Kumar Singh ( examined the injured HC Shyam Lal); PW-13 W/Ct. Suman (wireless Operator); PW-14 Dr. Ajay Sharma (proved the medical record); PW-15 HC Rajeev Kumar (witness of investigation); PW-16 ASI SC No. 57011/2016 Page 9 of 70 State v. Arvind Sharma @ Pushkar Bijender Singh (witness of investigation); PW-17 Sh. Devender Arya (Sanctioning Authority u/s 39 of Arms Act); PW-18 HC Harjender (witness of investigation); PW-19 Insp. Ghanshyam Kishore (1st Investigating Officer); PW-20 ACP H S P Singh (2ndInvestigating Officer); PW-21 Insp. Raj Kumar (3rd Investigating Officer); PW-22 Sh. K.P.S. Malhotra (proved the complaint u/s 195 Cr.P.C., Ex.PW-22/A); PW-23 SI Nikka Ram (MHCM) and PW-24 Sh. Rajender Kumar (Superdar of Santro Car and proved Superdarinama as Ex.PW-24/A).
14.Prosecution evidence was closed vide order dated 01.05.2025 on the submissions of Ld. Addl. P.P. for the State that all the prosecution witnesses have been examined.
Statement of the accused U/s 351 BNSS:
15.On 22.05.2025, statement of accused u/s 351 BNSS was recorded, wherein the accused has stated that he is innocent and has been falsely implicated in the present case; he was lifted from his house on 06.03.2013 in early hours by the Crime branch staff, Rohini and he was illegally detained till night. Thereafter, he was taken to PS Janak Puri and after creating a false scene of crime, he was involved in the present matter. No recovery as alleged was affected from him.
SC No. 57011/2016 Page 10 of 70State v. Arvind Sharma @ Pushkar Defence evidence:
16. Though the accused preferred to lead defence in his statement recorded u/s 351 of BNSS however, vide his separate statement recorded on 04.07.2025, he closed his defence evidence without examining any witness.
Final arguments :
17.The Court has heard the final arguments on behalf of the State through Ld. Prosecutor Sh. Shiv Kumar and on behalf of accused through Ld. Counsel Sh. R.P.Tyagi at length.
Appreciation of law & evidence :
18.It is a fundamental doctrine of criminal law that the onus to prove its case lies on the prosecution. Thus, in a criminal trial, the onus to prove the commission of offence by the accused is always upon the prosecution and the same never shifts upon the accused. The prosecution has to establish before the Court that the accused had committed the offence beyond shadow of all reasonable doubts.
19.The Hon'ble Supreme Court of India in the case of Nanjundappa and Anr. V. State of Karnataka, decided on 17th May, 2022 has reiterated its view taken in the judgment titled as S.L.Goswami V. State of Madhya Pradesh, 1972 Crl.L.J.511 SC that :
....the onus of proving all the ingredients of an offence is always upon the prosecution and at no stage, does it shift to the SC No. 57011/2016 Page 11 of 70 State v. Arvind Sharma @ Pushkar accused. It is no part of the prosecution duty to somehow hook the crook. Even in cases, where defence of the accused does not appear to be credible or is palpably false, that burden upon the prosecution does not become any less. It is only when this burden is discharged that it will be for the accused to explain or controvert the essential elements in the prosecution case, which would negative it. It is not however for the accused even at the initial stage to prove something which has to be eliminated by the prosecution to establish the ingredients of the offence with which he is charged, and even if, the onus shifts upon the accused and the accused has to establish his plea, the standard of proof is not the same as that which rests upon the prosecution'.
20. Reverting to the present matter, for the sake of convenience and better understanding, the Court shall appreciate the evidence of prosecution witnesses under the following headings separately.
Witnesses of the raiding Team:
21.As per the case of prosecution, a raiding team to apprehend the present accused was constituted by PW-8 Insp. Arti Sharma, who has deposed that on 06.03.2013, she was posted with SIT Crime Branch, Sector-18, Rohini, Delhi. On that day, at about 07:15 PM, she was present in her office, when HC Shyam Lal came to her with the informer and shared the information that one Monu gang member namely Arvind Sharma @ Pushkar @ Gautam who is wanted in a murder case of Bindapur would come to SC No. 57011/2016 Page 12 of 70 State v. Arvind Sharma @ Pushkar Mission School, Nangli Jalib Gaon that day around 09:00 PM to 09:30 PM to meet his other associates there and he would come in his black colour Santro Car bearing no. DL-4CR-7712. He is also having possession of illegal weapon. Thereafter, she shared this information with her Senior Officers and they directed her to take action. The said information was lodged by her in DD no. 12 and true copy of the same is proved as Ex.PW-8/A. Thereafter, she constituted raiding team consisting of SI Rajnish Sharma, ASI Hem Karan, ASI Suresh, HC Shyam Lal, HC Bahadur Sharma, HC Rajender, Ct. Dabbu Kanwar and Ct. Gyaneshwar and made her departure entry alongwith her team members in DD no. 14 at 07:50 PM and true copy of the same is proved as Ex.PW-8/B. 21.1. She further deposed that the team members were possessing Arms and Ammunitions as per the register and HC Shyam Lal, HC Bahadur and Ct. Dabbu Kanwar were having bullet proof Jackets. They all left in two private Cars and one govt. Gypsy, bearing no. DL-4CN-4231, which was driven by ASI Hem Karan and she was seated in the Gypsy with Ct. Dabbu Kanwar and the informer. HC Shyam Lal, HC Bahadur Sharma and ASI Suresh were in Car bearing no. DL-3CP-3586 and SI Rajneesh, Ct. Gyaneshwar and HC Rajender were in Car bearing no. DL-6CN-0390. With her team, they reached at the place of information i.e. Mission School, Nangli Jalib Village Road around 08:45 PM. There PW-8 shared the information with 5-6 SC No. 57011/2016 Page 13 of 70 State v. Arvind Sharma @ Pushkar passersby and requested them to become member of raiding team but they all refused to join the raiding party on the ground that they do not want to indulge in police proceedings as there are some 'Badmaash' involved. Due to paucity of time, notices were not served to them. Thereafter, she briefed her raiding team members and did the Reiki of the Nangli Jalib Village Road. She parked her Gypsy in front of B-1/234, Janak Puri. SI Rajneesh Sharma has parked his car near Khatta Dalan number 118/109 and HC Shyam Lal has parked his car at B-1/428, Janak Puri, Delhi.
21.2. At around 09:15 PM, one black colour Santro Car came from the side of Gurudwara road and it stopped by the side of rear boundary wall of Mission School and the car was facing towards the wall. There was one person on the driving seat aged about 25-30 years which was identified by the informer as Arvind @ Pushkar and thereafter, the informer left the place. PW-8 alerted her team by switching on the headlights of her Gypsy and they all surrounded that black Santro Car having Registration no. DL-4CN-7712. Ct. Dabbu Kanwar, SI Ranjeesh and HC Shyam Lal covered the driver seat window and from the front driver side. PW-8, ASI Hem Karan and HC Bahadur covered the rear window of driver side of the Santro Car. HC Rajender covered the left side window of driver seat and ASI Suresh Kumar and Ct. Gyaneshwar covered the rear left side window of the Santro Car. The driver side window glass was SC No. 57011/2016 Page 14 of 70 State v. Arvind Sharma @ Pushkar slightly down/open in position. HC Shyam Lal revealed their identity to the person on the driving seat. PW-8 has correctly identified the accused Arvind Sharma @ Pushkar before the Court and stated that he was the person who was sitting on the driving seat of black Santro Car no. DL-4CR-7712. HC Shyam Lal also disclosed to the accused that he has been surrounded by the crime branch police officials and he has to surrender. On this, the accused Arvind Sharma raised the driver side window glass upwards and he switch ON the engine and he took his Car in reverse gear to escape but the car of the accused hit to the car of HC Shyam Lal which was stationed behind the car of accused. Thereafter, accused Arvind took out a pistol from his left dub and he fired towards HC Shyam Lal while aiming him. The bullet hit on the left hand wrist of HC Shyam Lal. The driver side window glass of the Car of accused broken due to fire opened by the accused and HC Shyam Lal with his right hand caught hold of the hand of the accused in which he was holding the pistol and, in the meanwhile, accused Arvind made another fire upon HC Shyam Lal, which went above his head. During the incident, SI Rajneesh took out the pistol from the left dub of HC Shyam Lal and he had broken the remaining driver side window glass with the help of Butt of the pistol and Ct. Dabbu Kanwar had broken the windscreen with his AK-47 Riffle and HC Bahadur Sharma had broken the glass of the rear driver side window with the Butt of his pistol. SI Rajneesh also switched off SC No. 57011/2016 Page 15 of 70 State v. Arvind Sharma @ Pushkar the engine of the Car of accused while turning the key to OFF position, as a result the Centre lock of the car opened. During the incident, HC Bahadur entered into the car from the rear door of driver side and HC Rajender Singh entered into the Car of accused from the left side front door. HC Bahadur overpowered the accused from back and HC Rajender Singh snatched the pistol from the hand of accused and also took out the keys of the Car. In the meanwhile, ASI Suresh also entered into the car of the accused from the left rear side door and all three police officials pushed the accused out from his car and the accused was caught hold by ASI Hem Karan, Ct.Gyneshwar and Ct. Dabbu Kanwar. HC Rajender Singh produced the pistol and keys of the Car of the accused to her. PW-8 asked SI Rajneesh to take HC Shyam Lal to DDU hospital in his private car and he took the injured HC Shyam Lal to hospital.
21.3. PW-8 further deposed that she made enquiries from the accused who told his name as Arvind Sharma @ Pushkar S/o Sh.Kanchan R/o Santosh Park, Uttam Nagar, Delhi. She made call at number 100 from her official mobile phone. Thereafter, SI Ghansham Kishore of PS Janak Puri alongwith his staff reached at the spot. PW-8 narrated the incident to SI Ghansham Kishore and handed over the accused Arvind Sharma @ Pushkar alongwith pistol and keys of the Car of the accused. She also gave her written statement to SI Ghansham, proved as Ex.PW-8/C. SI Ghansham inspected the pistol and in the SC No. 57011/2016 Page 16 of 70 State v. Arvind Sharma @ Pushkar Magazine of pistol, there were four live cartridges, while the hammer of the pistol was in backward position and one live cartridge was found in the chamber of the pistol. The said live cartridge was taken out from the Chamber. On the bottom of all five cartridges, "KF 7.65" was engraved. On one side of the barrel, some figure was engraved and 'Indian Arms Co.No. 1000' was also engraved. On the other side of barrel, '1.651 ROUND' was engraved and on the upper side of barrel, "only for Army supply" was engraved. The Butt was covered with plastic cover attached with two rippits. On the Butt of the pistol, there was Magazine catch and below the barrel, there was one trigger. SI Ghansham prepared sketch of the pistol, Magazine and Cartridges and measured the same. The length of Barrel of pistol appeared 15 Cm., length of Butt was 9.3 cm.
21.4. PW-8 has further deposed that the angular length of pistol was 20 Cm. The Magazine was 10.5 cm in length and width of Magazine was 3.3 cm. The sketch of the pistol is proved as Ex. PW-8/D. IO kept the cartridges into transparent pouch; prepared pullanda of the pistol with Magazine and cartridges; sealed with the seal of GK and seized vide memo, proved as Ex.PW-8/E. 21.5. PW-8 has further deposed that in the meanwhile, crime team reached at the spot and the crime team staff inspected the spot. The spot was also photographed by the crime team staff. After the inspection, of crime team, SI Ghansham lifted one cartridge case which was lying outside near the window side of SC No. 57011/2016 Page 17 of 70 State v. Arvind Sharma @ Pushkar the car of accused Arvind Sharma. The said cartridge case was also having the words "KF 7.65" on its base as engraved. SI Ghansham kept the cartridge case in a plastic container and prepared its pullanda and sealed with the seal of GK and seized through seizure memo, proved as Ex.PW-8/F. SI Ghansham conducted formal search of the Santro Car of accused and one cartridge case was found lying on the right front footrest i.e. driver side footrest and on the bottom of that cartridge case, "KF 7.65" was engraved. SI Ghansham kept the same into one another plastic container and converted the same into pullanda and sealed with the seal of GK and seized vide memo, proved as Ex.PW-8/G. SI Ghansham Kishore prepared rukka and sent the same through HC Harjinder to PS Janak Puri for getting the FIR registered.
21.6. PW-8 has further deposed that SI Ghansham Kishore inspected the spot and prepared site plan at her pointing out, proved as Ex.PW-1/DB. Thereafter, car of the accused was searched and from the dash board of the car, two black colour Nokia mobile phone of model 1280 and both were having Sim Card of Idea Company but without battery and one of them was without back cover, were recovered. SI Ghansham prepared pullanda of the mobile phone and sealed with the seal of GK and seized vide memo. SI Ghansham seized the Santro Car of the accused. Prior to that, SI Ghansham also lifted blood on gauze, blood-stained earth control and kept the same into separate SC No. 57011/2016 Page 18 of 70 State v. Arvind Sharma @ Pushkar plastic containers, which were converted into separate pullandas and sealed with the seal of GK and seized through separate seizure memos, proved as Ex.PW-8/H, Ex.PW-8/I and Ex.PW-8/J. Thereafter, SI Ghansham seized the Car of HC Shyam Lal. The seizure memo of Car of accused bearing no. DL-4CR-7712 Santro Car is proved as Ex.PW-8/K and seizure memo of Car no. DL-3CP-3586 i.e. Santro Car of HC Shyam Lal is proved as Ex.PW-8/L. After getting the FIR registered, HC Harjinder came back to the spot and handed over the copy of FIR and rukka to the IO. The IO/SI Ghansham arrested the accused and conducted his personal search. Thereafter, they all came to PS Janak Puri and at the PS, IO recorded her statement and relieved her. She has further deposed that during investigation at the spot, SI Ghansham Kishore had also prepared sketches of two empty cartridges (cartridge cases).
21.7. PW-8 has correctly identified the case properties i.e. Santro Car of accused bearing no. DL-4CR-7712 as Ex.P.4; photographs of abovesaid Santro Car as Ex.PW-2/A.9 to Ex.PW-2/A.11, Ex.PW-2/A.13 to Ex.PW-2/A.15; Silver colour Santro Car as Ex.P.6, bearing no. DL-3CP-3586 and its photographs as Ex.PW-2/A.16 to Ex.PW-2/A.18 and Ex.PW-2/A.17, before the Court and also stated that photograph Ex.PW-2/A.17 showing the dent which was caused by the accused while trying to escape in his car, while backing the black colour Santro Car. She also correctly identified one transparent plastic pouch containing two SC No. 57011/2016 Page 19 of 70 State v. Arvind Sharma @ Pushkar cartridge case marked- A-1 & A-2 and three live cartridges marked A-3 to A-5 and on the bottom of the cartridges "KF 7.65"
engraved and one pistol as detailed in seizure memo, as Ex.PW-8/P-1, which was used by the accused and seized by IO. The two cartridge cases marked- A-1 & A-2 and three live cartridges marked A-3 to A-5 as Ex.PW-8/P-2 to Ex.PW-8/P-6, before the Court. The witness further submitted that all the five cartridges were live at the time of recovery. She has also correctly identified Cartridge cases EC-1 and EC-2 as Ex.PW-8/P7 & Ex. PW-8/P8, two Nokia mobile phones of black colour Model-1280 out of which one of the mobile phone is without back cover and having Idea sim card with IMEI No. 352405/05/278886/1 and other mobile phone with back cover having Idea sim card and IMEI No. 359279/04/342989/0, as Ex. PW-8/P9 and Ex.PW-8/P10, before the Court.
22.The other members of the raiding team i.e. PW-1 HC Sham Lal/injured, deposed that on 06.03.2013, he was posted at Crime Branch, Sector 18, Rohini, Delhi and on that day at about 07:00 PM, while he was present in his office, one secret informer came and informed him about the person who is named in a murder case of PS Binda Pur. He produced him before Insp. Arti Sharma, who made inquiries from the secret informer and it was informed that Arvind Sharma @ Pushkar is a member of Monu Gang and is named in a murder case of PS Binda Pur. He is used to carry illegal weapon with him and will come about SC No. 57011/2016 Page 20 of 70 State v. Arvind Sharma @ Pushkar 09:00/09:30 PM at Mission Public School, Nangli Jalib Village, Janak Puri, to meet his friends in a black colour Santro Car no. DL-4CR-7712 and he can be apprehended there. Insp. Arti Sharma accordingly conveyed the secret information to senior police officers and lodged the same vide DD no. 12 at 07:15 PM. 22.1. PW-1 further deposed that thereafter, Insp. Arti Sharma prepared a raiding party consisting of SI Rajnish Sharma, SI Suresh Kumar, ASI Hem Karan, HC Bahadur Sharma, HC Rajender Kumar, Ct. Gyaneshwar, Ct. Dabbu Kanwar, himself (PW-1) and the secret informer. PW-1, HC Bahadur and Ct. Dabbu Kanwar were wearing bullet proof Jackets and PW-1 as well as HC Bahadur were carrying pistols, whereas Ct. Dabbu Kanwar was carrying AK-47.
22.2. He further deposed that the raiding was parted in three portions i.e. first party consisted of Insp. Arti Sharma, ASI Hem Karan, Ct. Dabbu Kanwar and the secret informer who were in Gypsy No. DL-1CM-4231; the second team consisted of SI Rajneesh Sharma, HC Rajender and Ct. Gyaneshwar who were in private vehicle bearing no. DL-6CM-0390 which was driven by SI Rajneesh and the third party consisted of PW-1 HC Sham Lal, HC Bahadur Sharma and ASI Suresh Kumar in vehicle bearing no. DL-3CP-3586.
22.3. He further deposed that they all departed from their office vide DD no. 14 at 07:55 PM for Nangli Jalib Village and they reached there at 08:45 PM. Insp. Arti Sharma ' Raiki' the secret SC No. 57011/2016 Page 21 of 70 State v. Arvind Sharma @ Pushkar information of the informer and briefed the police party. Insp. Arti Sharma also requested 5-6 passersby to join the raiding party but none of them agreed and left without giving their names and addresses on the ground that they do not want to indulge in police case (बदमाशों का के स).
22.4. Thereafter, at 08:55 PM, Insp. Arti Sharma briefed the police party that SI Rajneesh will take position with his team (second team) at Khatta dalan and he will park his vehicle on road, opposite Khatta Dalan no. 118/109. Insp. Arti Sharma will pass their vehicle in front of B-1/234 and the third vehicle will be parked near B-1/248. Accordingly, all the three vehicles were parked and the lights of the said vehicles/cars were switched Off. PW-1 was instructed by Insp. Arti Sharma that wherever the black colour Santro Car bearing no. DL-4CR-7712 is parked, he should park his car behind the same after she gives signal by switching ON the lights of her Gypsy.
22.5. At about 09:15 PM, the above mentioned Santro Car no. DL-4CR-7712 was seen coming from the side of Gurudwara Road towards Mission Public School, Nangli Jalib Village and the driver of Santro Car stopped his car near the wall of Mission Public School. Insp. Arti Sharma gave signal at 09:25 PM by switching ON the headlights of her vehicle and PW-1 immediately drove his car towards the Santro Car, after taking U turn and parked his Car bearing no. DL-3CP-3586 on the back of Santro Car bearing no. DL-4CR-7712. The gypsy of Insp. Arti SC No. 57011/2016 Page 22 of 70 State v. Arvind Sharma @ Pushkar Sharma was immediately driven and parked on the right side of the targeted Santro Car and vehicle of SI Rajneesh bearing no. DL-6CM-0390 was parked on the left side of targeted Santro Car.
22.6. The police officials came out from their respective vehicle and surrounded the targeted Santro Car, which was found to be having one person sitting on the driver seat who was aged about 25-30 years. SI Rajneesh, Ct. Dabbu Kanwar and PW-1 HC Sham Lal stood on the right side of the driver seat and Ct. Gyaneshwar stood near the left rear door, HC Rajender stood near the left front door, while ASI Suresh Kumar stood at the back of the targeted Santro Car. The other remaining officials were also present there and PW-1 introduced all of them to the driver while apprising him about their identity and purpose. 22.7. PW-1 correctly identified the driver of the said targeted Santro Car as present accused Arvind Sharma @ Pushkar @ Gautam @ Vicky in the Court. He further deposed that they asked the accused to surrender but immediately the accused closed the glass window pane of his Santro Car and switched ON the engine. The accused then took a back gear and reversed his Car in speed but since his vehicle was parked behind, the Santro Car got struck against his vehicle and stopped. He rushed to the driving side window of the Santro Car and accused took out one pistol from his left dub and while aiming upon him, fired but the bullet hit on his left palm and went through. As a result of firing, SC No. 57011/2016 Page 23 of 70 State v. Arvind Sharma @ Pushkar the front right side window pane of driver side was broken. In the meanwhile, Ct. Dabbu Kanwar came from the front side and broke the winds screen of the Santro Car with the Butt of his AK-47 riffle. PW-1 caught hold of the pistol of the accused with his right hand and in this process, accused again fired but the bullet went above his head. SI Rajneesh who was beside him took out the pistol from his dub and broke the remaining front right side window pane of driver side and pushed him aside. HC Bahadur Sharma broke the right side back door window pane with his pistol. Insp. Arti Sharma made him stand on the left side. Thereafter, police staff over powered the accused and snatched his pistol while taking him out. On inquiry, name of the accused is revealed as Arvind Sharma @ Pushkar @ Gautam @ Vicky.
22.8. SI Rajneesh took him to DDU hospital in his private vehicle while the other police staff and accused remained at the spot. After seeing his condition, the doctor referred him to Ganga Ram hospital and his statement was recorded by the IO/SI Ghansham Kishore. (Court observation: The witness showed his left palm which was hit by bullet fired by accused and submitted that the thumb and three fingers of his left hand still do not have any sensation while the bone of fourth finger has been damaged and removed in the surgery).
22.9. He further deposed that on 10.04.2013, he was called at DDU hospital by the police where doctor took his blood sample.
SC No. 57011/2016 Page 24 of 70State v. Arvind Sharma @ Pushkar He also deposed that at DDU hospital, his MLC was prepared by the doctor on which his thumb impressions were obtained. 22.10. During investigation, IO seized his blood-stained clothes i.e. full sleeves shirt of light pink colour of Zodiac, one white colour banian and handkerchief. He proved the seizure memo of said clothes as Ex.PW-1/A, bearing my signatures at point A. He correctly identified the case property i.e. blood-stained shirt, banian and handkerchief as Ex.P.1, Ex.P.2 and Ex.P.3 respectively. Even PW-1 correctly identified the black colour Santro Car in which the accused was seated on the driver seat at the time of incident, as Ex.P.4 and Silver colour Santro Car bearing no. DL-3CP-3586 as Ex.P.6, which was driven by him at the time of incident.
22.11. During cross-examination by the Ld. Defence Counsel, PW-1 deposed that he took one pistol, 10 cartridges and bullet proof Jackets from MHC(M) after lodging the DD entry no. 12. He further deposed that due to shortage of time, no written notice could be given to the passersby for joining the raid. He also deposed that he does not remember if local police station was informed about the raid or not. He further deposed that the blood which was oozing out from his hand fell on the road, footpath and bonnet & head light of Santro Car no. DL-3CP-3586. He also deposed that the front portion and both sleeves of his pink shirt, his white vest and white handkerchief were stained with blood.
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23.PW-10 ASI Bahadur Sharma, yet another member of raiding team has deposed that on 06.03.2013, he was posted at SIT Crime Branch. On that day at about 07:15 PM, he was informed by Insp. Arti Sharma that wanted accused namely Arvind Sharma @ Pushkar was to be apprehended and he had to join the raiding party. Accordingly, he alongwith HC Sham Lal, Ct. Dabbu Kanwar got issued Arms and ammunition and bullet proof jacket. He was having 9 MM pistol and HC Sham Lal was also having 9 MM Pistol, however Ct. Dabbu Kanwar was having AK-47 riffle. Thereafter, Insp.Arti Sharma, SI Rajneesh, ASI Suresh Kumar, ASI Hem Karan, HC Sham Lal, HC Rajender, Ct. Dabbu Kanwar, Ct. Gyaneshwar and PW-10 formed a raiding party. All the officials were in civvies. At about 7:50 PM, all the members of raiding party proceeded for Nangli Jalib, Village Janak Puri. The govt. vehicle Gypsy DL-1CM-4231 was being driven by ASI Hem Karan and Insp. Arti Sharma and Ct. Dabbu Kanwar were seated in the said Gypsy. The private vehicle i.e Santro Car bearing no. DL-3CP-3586 was being driven by HC Sham Lal in which PW-10 and ASI Suresh Kumar were seated. Third private Car no. DL-6CN-0390 was being driven by SI Rajneesh in which HC Rajender and Ct. Gyaneshwar were seated. The informer was seated in the Gypsy of Insp. Arti Sharma. Around 08:45 PM, they reached in front of Mission Public School, Nangli Jalib Road. Insp. Arti Sharma requested 4-5 passersby to join the raiding party but none agreed saying that it was an SC No. 57011/2016 Page 26 of 70 State v. Arvind Sharma @ Pushkar information of criminal and they did not disclose their names and addresses.
23.1. Insp. Arti Sharma did raiki of the spot and briefed them. She informed that vehicle no. DL-4CR-7712 black colour Santro Car was to be spotted. HC Sham Lal was instructed to keep his vehicle behind the said vehicle. SI Rajneesh was instructed to cover from left side of said vehicle. Insp. Arti Sharma disclosed that she would cover the vehicle from the right side. HC Sham Lal parked his vehicle in front of H.No. B-1/428, Janak Puri. Insp. Arti Sharma parked her vehicle in front of H.No. B-1/234, Janak Puri and SI Rajneesh Sharma parked his vehicle near Khatta no. 118/109. Insp. Arti Sharma further instructed them that she would give signal by pressing the light of Gypsy and then they have to respond. They took position accordingly and switched off the light of vehicles.
23.2. At about 09:15 PM, one black colour Santro Car was noticed coming from the side of Gurudwara. The said vehicle stationed near the wall of Mission School. At about 09:25 PM, he sensed appointed signal from Insp.Arti Sharma. As per instructions, they placed their vehicle near the black colour Santro Car. HC Sham Lal alighted from vehicle. He alongwith SI Rajneesh approached the driver side of Car. Ct.Dabbu Kanwar went in front of the Car. On the rear side of window pane of the driver side, PW-10, Insp. Arti Sharma and ASI Hem Karan approached. They swiftly took their position as above. HC Sham SC No. 57011/2016 Page 27 of 70 State v. Arvind Sharma @ Pushkar Lal disclosed his identity to the driver. At that time, the driver side window pane was slightly opened, but driver swiftly closed the window pane and took reverse gear. Consequently, the Santo Car struck against the vehicle driven by HC Sham Lal which was just behind the Santro Car. In the meantime, driver fired from his pistol resultantly causing injury on the left palm of HC Sham Lal. HC Sham Lal managed to caught hold of the right hand of the accused, in which he was carrying pistol. But in the meantime, the driver exhorted second fire and the bullet passed near the head of HC Sham Lal. Ct. Dabbu Kanwar swiftly broke the window pane of the Car from his riffle. SI Rajneesh took the pistol from the pocket of HC Sham Lal and broke the right-side window of the car from the said pistol and immediately switched off the ignition of the Car. He went inside the vehicle from the back side by breaking window pane of the Car and overpowered the driver from his back. HC Rajender gained entry in the car from left side, front gate and took out the pistol of driver and he also took out the key from the ignition point. Driver was taken out from the Car. The key of the Car and custody of accused was handed over to Insp.Arti Sharma. PW-10 has correctly identified the accused Arvind Sharma @ Pushkar before the Court. HC Sham Lal was immediately taken to DDU hospital by SI Rajneesh. Insp. Arti Sharma conveyed the message at 100 number. The local police of PS Janak Puri reached the spot and conducted the investigation. He has further deposed that the SC No. 57011/2016 Page 28 of 70 State v. Arvind Sharma @ Pushkar registration number of black colour Santro Car driven by accused was DL-4CR-7712. He has further deposed that the documents were prepared by the police however, he had not signed any such documents. PW-10 has identified the case properties i.e. two cartridge case Ex.A1 & Ex.A2; three live cartridges as Ex.A.3 to Ex.A.5; Pistol as Ex.PW-8/P.1; vehicle of accused as Ex.P.4 and its photographs as Ex.PW-2/A.5 to Ex. PW-2/A.11 and Ex.PW-2/A.13 to Ex.PW-2/A.15.
24.PW-11 SI Rajnish Sharma has deposed that on 06.03.2013, he was posted at SIT Crime Branch Sector 18, Rohini, Delhi. On that day, HC Shyam Lal alongwith one secret informer came to the office of Crime Branch and informer told the Insp.Arti Sharma that member of the gang of Monu namely Arvind Sharma @ Pushkar wanted in the case of murder of PS Binda Pur would come at Mission School, Village Nangli Jalib at around 09:30 PM in black Santro Car bearing registration no. DL-4CR-7712. Insp. Arti Sharma verified the said information and conveyed the said information to ACP, SIT. Insp.Arti Sharma lodged the DD no. 12 to this effect at around 07:15 PM. Insp. Arti Sharma formed the raiding team consisting PW-11, ASI Suresh, ASI Hem Karan, HC Shyam Lal, HC Bahadur, HC Rajender, Ct.Dabbu Kanwar and Ct.Gyaneshwar. They left the office of crime branch and reached PS S.P.Badli from where HC Shyam Lal and HC Bahadur had taken the pistol from the malkhana of said PS. Ct.Dabbu had taken AK-47 riffle. HC SC No. 57011/2016 Page 29 of 70 State v. Arvind Sharma @ Pushkar Bahadur, HC Shyam Lal and Ct.Dabbu were also got issued bullet proof Jacket from the malkhana of PS S.P.Badli. They returned to the Crime Branch office and then left the office of Crime Branch vide DD no. 14 in two private Cars and one police Gypsy for the spot. In the Gypsy, Insp.Arti Sharma, ASI Hem Karan, Ct. Dabbu Karan alongwith informer were sitting. In the private Car remaining raiding party team were sitting. 24.1. At around 08:45 PM, they reached at Village Nangli Jalib near Mission Public School. Insp. Arti Sharma asked 5-6 persons to join the raiding party at the mother dairy booth and Gurudwara near Mission Public School, but they all refused to join the same without revealing their identity and disclosing their reasonable cause.
24.2. At around 08:55 PM, they reached near H.No. B-1/234, Janak Puri, Delhi, where Gypsy was parked by Insp.Arti Sharma. PW-11 also parked his Car near Khatta No. 118/109 and HC Shyam Lal parked his Car near H.No. B-1/428.Insp.Arti Sharma property briefed the staff. Thereafter, all the raiding party members were sitting in their respective vehicles. At around 09:15 PM, one black Santro Car bearing no. DL-4CR-7712 was coming from Gurudwara Road side and the driver of the said Car parked the Car at the back wall of the Mission Public School. Insp. Arti Sharma made signal by blowing the lights of the police Gypsy. HC Shyam Lal took the U turn by his Car and parked his Car at the back of the aforesaid Santro Car. PW-11 also parked SC No. 57011/2016 Page 30 of 70 State v. Arvind Sharma @ Pushkar his Car at the left side of the Santro Car and Insp.Arti Sharma parked the police gypsy at the right side of the said Santro Car. They got down from their respective Car. Ct.Dabbu went to front side of the Santro Car. PW-11 alongwith HC Shyam Lal came at the driver side of the Santro Car. Insp. Arti Sharma alongwith ASI Hem Karan and HC Bahadur came at the back gate towards driver side of the said Santro Car. HC Rajender reached at the left side front gate of the said Santro Car, whereas ASI Suresh and Ct.Gyaneshwar reached at the back gate of the left side of the said Santro Car. The Window of the driver seat of Santro Car was slightly opened. HC Shyam Lal had shown his I Card to the driver of Santro Car and disclosed their identity and asked him to get down from the Car. But the driver of the said Car closed the window and started his car and tried to came back but the said car struck with the car of HC Shyam Lal. Thereafter, the driver of the said Car i.e. accused Arvind Sharma, correctly identified by PW-11, took out one pistol from his left dub and made fire by the said pistol, which struck on the left hand of the HC Shyam Lal and due to that fire, window of the driver seat of the said car was also partly damaged. Thereafter, HC Shyam Lal entered into his right hand from the said partly damaged window and caught hold the right hand of the accused, in which he was having the pistol. Thereafter, accused again made a fire but luckily it passed over the head of HC Shyam Lal. PW-11 took out the pistol kept by HC Shyam Lal at his back side left dub and broken the driver SC No. 57011/2016 Page 31 of 70 State v. Arvind Sharma @ Pushkar side remaining window glass and PW-11 also switched off the engine with the help of the key. In the meantime, HC Bahadur had broken the window glass of the back seat of driver side of the said Santro Car. After ignition of the engine of the Santro Car, doors of the said Car were opened.
24.3. PW-11 has further deposed that HC Rajender entered from the left side in the said Car and took out the Key of the said Car and snatched the pistol from the hand of the accused. HC Bahadur and ASI Suresh also entered into the said car from the back door and caught hold the accused. They took out the accused outside from the Car. He took the injured HC Shyam Lal from the spot to the DDU hospital in his private Car. HC Shyam Lal was primarily treated in the DDU hospital and thereafter, he was referred in Gaga Ram hospital. On 07.03.2013, he came to the PS S.P.Badli, where he deposited the pistol of HC Shyam Lal and thereafter, went to the PS Janak Puri, where IO of the present case S1 Ghansham recorded his statement.
25.Therefore, all the members of the raiding team deposed on similar lines and despite their detailed cross-examination, the defence could not demolish their stand or impeach their credit.
Members of Mobile Crime Team :
26.As per the case of the prosecution, after the incident, PW-8 Insp. Arti Sharma made a PCR Call and after police from Local Police Station reached at the spot, the mobile crime team was called at SC No. 57011/2016 Page 32 of 70 State v. Arvind Sharma @ Pushkar the spot for spot inspection. PW-5 SI Azad Singh/Incharge Mobile Crime Team has deposed that on 06.03.2013, on receiving the call from Control room, he alogwith HC Lalit, Ct. Sukram Pal (Photographer), Ct. Parvinder (Photographer) reached in front of H.No. WZ-38, Village Nangli Jalib, Janak Puri, Delhi by mobile crime team vehicle. On reaching the spot, SI Ghansham and other police staff of PS Janak Puri met them. He inspected the spot and there was a vehicle bearing no. DL-4CR-7712 and its driver side window glass and front glass/windscreen were lying broken. Another vehicle no. DL-3CR-3586 was also present there and some blood spots were on the car. Some blood spots were also present on the road besides two empty cartridges of 7.65 mm. One of the empty cartridges was lying inside the vehicle no. DL-4CR-7712 but he could not tell the exact position of the empty cartridge however, he got separately photographed the same. The second empty cartridge was lying on road. He prepared scene of crime report, proved as Ex.PW-5/A and Ex.PW-5/B. 26.1. During his cross-examination, PW-5 has deposed that he did not remember the exact place where the blood was found on the car no. 3586. He has voluntarily deposed that he had mentioned the position of the blood spot in his report. Nothing came during his cross-examination to demolish or impeach his credit.
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27.PW-2 Ct. Sukram Pal has deposed that on 06.03.2013, he was working as Constable photographer in Mobile Crime Team, West Delhi. On that day, he accompanied I/C Crime team ASI Azad Singh and other staff to Village Nangli Jalib in front of H.No. WZ-38, Janak Puri, Delhi, where blood was lying on the road, two Santro Cars and empty cartridges were also found at the spot. The crime team inspected the spot and he clicked photographs of the spot under instructions of I/C Crime Team and SI Ghansham of PS Janak Puri. They remained at the spot from 10:20 PM to 11:15 PM.
27.1. On 07.03.2013, he again visited the aforesaid spot alongwith staff of crime team, West District where they met the IO/SHO. The crime team again inspected the spot and on instructions of the IO/SHO, he again clicked photographs. In both the visits, he took 19 photographs in total. The said photographs are proved as Ex.PW-2/A.1 to Ex.PW-2/A.19 and the negatives are proved as Ex.PW-2/B.1 to Ex.PW-2/B.19. 27.2. During cross-examination of this witness, he has deposed that on his first visit, he took 17 photographs and on his second visit, he took 02 photographs and those two photographs were of the cartridge which was lying by the front side right window pane of Car No. DL-4CR-7712, black Santo Car. He has further deposed that the empty cartridge was lying on road just adjacent to the right-side window of black colour Santro Car.
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28.Even the photographs of the spot proved on record as Ex.PW-2/A.1 to Ex.PW-2/A.19 shows the crime scene clearly where the alleged incident occurred and corroborates the testimonies of prosecution witnesses.
Witnesses to registration of FIR and investigation:
29.PW-13 W/Ct. Suman has deposed that on 06.03.2013, she had recorded wireless message on the basis of message received from mobile number 8750871246 regarding sustaining gunshot injury and on the basis of same, she filled up the PCR form, proved as Ex.PW-13/A. She sent the said message to the concerned Police Station and District Control room. She has also produced the requisite Certificate u/s 65B of the Indian Evidence Act which is proved as Ex.PW-13/B and also identified the signatures of Nodal Officer SI Devender Kumar at point A as she had worked with him and seen him writing and signing during her official capacity. However, she was not cross-examined by the defence.
30.PW-4 ASI Babu Khan has deposed that on 06.03.2013, at about 09:55 PM, W-50 informed him through telephone that "Nangli Jalib Gaon Khatte के पास Missan Public School, Boys and Girls Secondary School, Janak Puri, raid डालने आये थे , एक आदमी के हाथ गोली लगी है ", W/Ct. Suman, 3653/PCR 8750871246". He recorded this information in roznamcha vide DD no. 54A and gave the copy of DD no.54A, attested true copy of the same is proved as SC No. 57011/2016 Page 35 of 70 State v. Arvind Sharma @ Pushkar Ex.PW-4/A, to ASI Ramesh who left for the spot alongwith Ct. Rajesh.
30.1. He has further deposed that on the same day at about 10:13 PM, Ct. Virender no. 2374 from DDU hospital informed telephonically about admitting HC Sham Lal No. 271/Crime S/o late Laxmi Narain R/o H.no. HIT, Crime Branch, Sector-18, Rohini, Delhi, aged about 46 years by SI Rajneesh Sharma vide MLC No. 5450/13 due to gun shot at Nangli Jalib, Janak Puri, Delhi. He recorded this information in roznamcha vide DD no. 55A, attested copy of the same is proved as Ex.PW-4/B and informed to ASI Ramesh telephonically.
31.PW-15 HC Rajeev Kumar has deposed that on 06.03.2013, duty officer P.S Janak Puri had telephonically informed him that Insp. Aarti Sharma and her team from SIT crime branch, had gone to apprehend one wanted person namely Arvind from a place near SRS Mission School Nangli Zalib Village, Janak Puri, where the said wanted person had attacked on HC Shyam Lal, who was member of team of Insp. Aarti Sharma. He was told to reach at the informed place. HC Bijender and Ct Harjinder from P.S Janak Puri were already there when he reached. One black colour Santro car bearing no. DL 4CP 7712 was noticed by him which was facing towards the boundary wall of SRS Mission School. Insp. Arti Sharma was present alongwith her team. In the meanwhile, SI Ghanshyam from PS Janak Puri reached there. Accused Arvind Sharma (correctly identified by the witness) had SC No. 57011/2016 Page 36 of 70 State v. Arvind Sharma @ Pushkar been apprehended by Insp Aarti Sharma. On the arrival of SI Ghanshyam, Insp. Aarti Sharma handed over the custody of accused to him. One pistol stated to have been recovered from accused, was also handed over to SI Ghanshyam. SI Ghanshyam directed HC Bijender and HC Rajesh to physically have the custody of accused. Thereafter he checked the pistol and unmounted its magazine. The magazine was having four live cartridges. On checking the barrel of pistol, one live cartridge was found there. The hammer of the pistol was in pull back condition. The position of the hammer indicated that a shot has been already fired and the pistol was in process of firing another shot. SI Ghanshyam unloaded the magazine as well as barrel and prepared a sketch of pistol, proved as Ex.PW-8/D, magazine as well as the bullets recovered. The Pistol was measured and was found having barrel of 15 cm in length, the Butt was 9.3 cm long, the total diagonal length of pistol was 20 cm. The vertical length of magazine was 10.5 cm. On the bottom of each of the cartridges recovered 'KF 7.65' was found written. The live cartridges so recovered were kept in a polythene pouch, magazine was re-inserted in the pistol and the pistol alongwith the cartridge was kept in a cloth pullanda by SI Ghanshyam. This pullanda was sealed with the seal of GK. The pullanda was thereafter seized vide seizure memo, proved as Ex.PW-8/E. 31.1. PW-15 has further deposed that SI Ghanshyam recovered one empty/used cartridge lying near the right side of the driver's SC No. 57011/2016 Page 37 of 70 State v. Arvind Sharma @ Pushkar entrance of the car bearing no. DL-4CP-7712, while he was inspecting the site. He found another used cartridge from the foot mat inside the car. SI Ghanshyam prepared the sketch of empty cartridge so recovered, proved as Ex.PW-15/A, however, it does not bear his signatures but it was prepared in his presence. Both the cartridges were sealed with the seal of GK and seized vide seizure memos, proved as Ex.PW-8/F and Ex. PW-8/G. 31.2. He has further deposed that SI Ghanshyam thereafter further checked the Car and found two mobile phones were lying on the dash board of the Car. Both the mobile phones were of make Nokia 1280 however, not having the batteries. Both the phones were found having sim card of Idea Mobile company. He did not recollect the IMEI number of those mobile phones. It was of 15 digits each and was noted down by the IO in the seizure memo. Both the phones were kept in a cloth pullanda which was sealed with the seal of GK and was seized vide seizure memo, proved as Ex.PW-15/B. While conducting further investigation, SI Ghanshyam lifted blood-stained rohri with mud from the place outside the car where it was lying. It was kept in a polythene which was kept in a cloth pullanda and was sealed with the seal of GK. IO also prepared one blood on gauze which he collected as sample from the place of incident, kept in cloth pullanda, sealed the same with the seal of GK. He had also lifted earth control of the relevant spot for sample, kept the same in SC No. 57011/2016 Page 38 of 70 State v. Arvind Sharma @ Pushkar polythene pouch, converted into cloth pullanda and also sealed with the seal of GK. All the three pullandas were seized vide seizure memos, proved as Ex.PW-8/I, Ex.PW-8/H and Ex. PW-8/J respectively. The car in which accused had reached there bearing no. DL-4CP-7712 and Car make silver Santro bearing no. DL-3CP-3586 in which the raiding party had reached there were seized vide separate seizure memos by SI Ghanshyam, proved as Ex.PW-8/K and Ex.PW-8/L respectively. 31.3. PW-15 has further deposed that Insp Aarti Sharma gave her handwritten complaint, Ex.PW-8/C to SI Ghanshyam. SI Ghanshyam prepared tehrir and sent Ct Harjinder for getting the FIR registered at P.S Janak Puri. In the meanwhile, accused was sent to DDU hospital through HC Bijender and Ct Rajesh for medical examination. After about 30-45 minutes, Ct Harjinder returned at the spot with print out of FIR. HC Bijender and Ct Rajesh had also returned from DDU hospital alongwith accused. IO had thereafter interrogated accused Arvind who got his disclosure statement recorded. Accused was thereafter arrested vide arrest memo, proved as Ex.PW-15/C. He was informed about the incident on 06.03.2013 at about 09.30 PM by the duty officer. The proceedings continued during the night hours till 07.03.2013. They had returned police station Janak Puri at about 04:30 AM on 07.03.2013. The case property was deposited in malkhana.
31.4. PW-15 has further deposed that on 10.04.2013, he had SC No. 57011/2016 Page 39 of 70 State v. Arvind Sharma @ Pushkar again joined the investigation in the present case with Insp HSP Singh. On that day, he on the directions of IO, had accompanied SI Shyam Lal to DDU hospital for getting his blood sample preserved. Accordingly, in DDU hospital, blood sample was preserved which was sealed in an envelope bearing seal of CMO, DDU hospital by the concerned doctor. It was handed over to him alongwith sample seal. He handed over the sample seal alongwith sealed pullanda containing blood sample to IO Insp. HSP Singh which he seized vide seizure memo Ex.PW-15/D. This witness has identified the case properties i.e. Pistol and empty magazine as Ex.PW-8/P.1; two used cartridges and three live cartridges as Ex.PW-8/P.2 to Ex.PW-8/P.6; another used cartridges marked as EC1 and Ex.PW-8/P.7; another used cartridge marked as EC2 and Ex.PW-8/P.8; two mobile phones as Ex.PW-8/P.9 and Ex.PW-8/P.10; piece of gauze and cotton wool swab with blood stains and two slips of FSL having mentioned on it Ex.1a and 1b as Ex. PW-15/P.1; rohri pieces and one slip of FSL having mentioned on it Ex.no.2 as Ex. PW-15/P.2; blood on gauze as Ex.PW-15/P.3 and slip of FSL having marked as Ex.no.4.
31.5. This witness was also cross-examined by the Ld. Prosecutor wherein he has admitted that registration number of Car seized in this case is DL-4CR-7712; that samples including empty cartridge lifted from the spot were kept in plastic boxes before sealing them in cloth pullanda and that two Sim cards of SC No. 57011/2016 Page 40 of 70 State v. Arvind Sharma @ Pushkar idea company were recovered during personal search of accused.
32.PW-16 ASI Bijender Singh has deposed that on 06.03.2013, on receipt of information from Duty officer regarding some incident near Mission School, Nangli Zalib, B-1 Janak Puri, he alongwith HC Rajiv and Ct. Harjender reached at the aforesaid place where they met Insp. Arti Sharma alongwith her staff and Ct. Rajesh. In the meantime, SI Ganshyam Kishore also reached at the spot. Insp. Arti Sharma apprised him about the facts and circumstances and also handed over accused Arvind Sharma @ Pushkar alongwith recovered pistol to him. SI Ganshyam handed over the custody of accused Arvind to PW-16 and Ct. Rajesh. 32.1. PW-16 further deposed that thereafter, SI Ganshyam had checked the aforesaid pistol and on checking the magazine of the aforesaid pistol, 4 live cartridges were found and one live cartridge was found inside the chamber of aforesaid pistol. The hammer of the pistol was in pull-back condition. SI Ganshyam had prepared sketch of pistol, magazine and cartridges, proved as Ex.PW-8/D. He has further deposed that on measurement, the total length of pistol was found 20 cm, length of butt was found 9.3 cm. and length of barrel was found 15 cm. The length of magazine was found 10.5 cm and width of magazine was found 3.3 cm. On the bottom of each recovered cartridge 'KF7.65' was found written. The recovered cartridges were kept in polythene pouch by the IO and the pistol alongwith magazine and aforesaid cartridges was converted into pullanda with the help of white SC No. 57011/2016 Page 41 of 70 State v. Arvind Sharma @ Pushkar cloth and same was sealed with the seal of 'GK'. The aforesaid pullanda was seized vide seizure memo, proved as Ex.PW-8/A. 32.2. After inspection of the spot by the Crime Team, one empty cartridge (KF7.65 was found written on the base of the cartridge) which was found lying outside black colour car make Santro bearing No.DL-4CP-7712 was seized by the IO by putting the same in a small plastic box and the same was converted into pullanda with the help of white cloth and the same was seized by the IO vide seizure memo, proved as Ex.PW-8/F. One empty cartridge was found lying on the right side of the aforesaid Santro car. On the base of the aforesaid empty cartridge KF7.65 was written. The aforesaid empty cartridge was placed in small plastic box and was converted into pullanda with the help of white cloth. Same was sealed with the seal of 'GK' and was taken into the possession by the IO vide memo, proved as Ex.PW-8/G. He has further deposed that the aforesaid cartridge was found lying on the right side of the driver seat near foot rest. Thereafter, the IO handed over rukka to Ct. Harjender for registration of FIR. Thereafter, Ct. Harjender went to PS for registration of case. Thereafter, IO inspected the spot and prepared site plan at the instance of Insp. Arti Sharma.
32.3. Thereafter, IO inspected Santro car bearing No. DL-4CP-7712 and on checking, two mobiles make Nokia were found lying on the dashboard of the aforesaid car. On checking both were found containing SIM of Idea Company and were SC No. 57011/2016 Page 42 of 70 State v. Arvind Sharma @ Pushkar without batteries. Model of the aforesaid mobiles was 1280. However, he did not remember the IEMI number but same was mentioned by him in his statement after checking the same. The aforesaid mobiles converted into pullanda with the help of white cloth and the same was sealed with the seal of 'GK'. The aforesaid pullanda was seized by the IO vide seizure memo, proved as Ex.PW-15/B. Thereafter, IO had separately lifted blood stained rori (bazri/soil), earth control, blood on gauge from the spot and were placed in separate plastic boxes (plastic dibi). The aforesaid plastic boxes were converted into pullanda with the help of white cloth and were separately sealed with the seal of 'GK'. The aforesaid exhibits were seized by the IO vide seizure memos, proved as Ex.PW-8/H, Ex.PW-8/1 and Ex.PW-8/J. 32.4. Thereafter, IO had seized the aforesaid Santro car bearing No. DL-ACP-7712 vide seizure memo, proved as Ex.PW-8/K. It was the same car which was used by the accused at the time of the incident. Thereafter, IO had seized the car of HC Shyam Lal bearing registration No. DL-3CP-3586 vide seizure memo proved as Ex.PW-8/L. There were blood stains on the aforesaid car and it was damaged from the front side. PW-16 has correctly identified the accused before the Court. Thereafter, IO interrogated the accused and arrested him vide arrest memo proved as Ex.PW-15/C; his personal search was conducted vide memo, proved as Ex.PW-16/A. IO had also recorded disclosure SC No. 57011/2016 Page 43 of 70 State v. Arvind Sharma @ Pushkar statement of accused vide memo, proved as Ex.PW-16/B. Thereafter, as per the directions of the IO, accused Arvind was taken for medical examination at DDU hospital by him and Ct. Rajesh. After medical examination accused was taken to the spot by him and Ct. Rajesh. Thereafter, he alongwith IO with case property, staff of Crime Branch, SIT Local staff and accused went to the police station. Case deposited by the IO with the MHC(M) and accused was put in lock-up.
32.5. PW-16 in the leading question put to him by the Ld. Prosecutor, has admitted that the registration number of black Santro car was DL-4CR-7712 and he was not able to recollect the same due to lapse of the time. This witness has correctly identified the case properties i.e. one pistol having empty magazine as Ex.PW-8/P1, two used cartridges and three live cartridges as Ex.PW-8/P.2 to Ex.PW-8/P.6; another used cartridge as Ex.PW-8/P7 (marked as EC1); another used cartridge as Ex.PW-8/P.8 (marked as EC2); two mobile phones as Ex.PW-8/P.9 and Ex.PW-8/P.10; piece of gauge and cotton wool swab with blood stains & two slips of FSL, having mentioned on it Ex.No.1a and 1b as Ex.PW-15/P.1; Rohri pieces and one slip of FSL having mentioned on it Ex.no.2, as Ex. PW-15/P.2; photographs of black colour Santro Car bearing no. DL-4CR-7712, Ex.P.4, as Ex.PW-2/A.5 to Ex.PW-2/A.15 and photographs of silver colour Santro Car bearing no. DL-3CP-3586, Ex.P.6 as Ex.PW-2/A.16 to Ex.PW-2/A.19.
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33.PW-18 HC Harjender has deposed that on 06.03.2013, he was present in the Janakpuri Transport Authority situated in District Centre, Janak Puri alongwith HC Bijender and HC Rajiv. HC Bijender received telephone call from duty officer asking them to report to SI Ghansham who was present at Mission Public School, B-1, Janak Puri, Delhi. They all reached there immediately at about at 10:15 PM. As they reached the spot, SI Ghansham also arrived. Crime team was already present under the supervision of Insp.Arti Sharma. Insp.Arti Sharma instructed SI Ghansham to take custody of accused Arvind Sharma @ Pushkar, (correctly identified by the witness). His custody was handed by SI Ghansham to HC Bijender and Ct.Rajesh. Two vehicles were parked out of which one was of Black colour bearing registration no. DL-4CR-7712 and the other was perhaps of Silver Colour bearing registration no. DL- 3CR-3586. Both Cars were Hyunda Santro make. Insp.Arti Sharma also handedover one Pistol to SI Ghansham.
33.1. SI Ghansham checked the said Pistol which was containing four live Cartridges in its Magazine. One live cartridge was already found loaded in the Chamber of the Pistol. The five live Cartridge were retrieved from the Pistol and SI Ghansham prepared the Sketch of the Pistol and cartridges, proved as Ex.PW-8/D. The diagonal length of the pistol was 20 cm. Its Butt was 9.3 cm and barrel was 15 cm. The width of the magazine was 3.3 cm and its length was 10.5 cm. IO prepared a cloth SC No. 57011/2016 Page 45 of 70 State v. Arvind Sharma @ Pushkar parcel of the pistol and cartridges; sealed the same with the seal of GK and seized vide memo, proved as Ex.PW-8/E. The front wind screen and the right side front driver seat glass window and the rear side passenger seat glass window of black colour Santro car were in broken condition. On checking of the car, one empty cartridge was found lying at the footrest of driver seat and one other empty cartridge was found lying on the right front side of the inside of the car. IO lifted both these cartridges from the car. IO prepared sketch of both these empty cartridges, proved as Ex.PW-15/A. IO prepared a cloth parcel of these empty cartridges; sealed the same with the seal of GK and seized vide memos, proved as Ex.PW-8/F and Ex.PW-8/G. Then IO prepared the tehrir and handed over it to PW-18 at about 01:45 AM for getting registration of the FIR. He went to PS and got registered the FIR and returned to the spot with copy of FIR and original rukka at about 03:40 AM and handed over the copy of FIR and original rukka to SI Ghanshyam.
33.2. PW-18 has further deposed that IO again checked the black colour Santro Car and two mobile phones make Nokia were recovered from the dash board of the Car. The battery was not lying in both the mobile phones. The sim of Idea company was lying in both the mobile phones. One of the phones did not have the back cover. IO prepared a parcel of these phones and sealed it with the seal of GK and seized vide memo proved as Ex. PW-15/B. The blood found present on the right side of black SC No. 57011/2016 Page 46 of 70 State v. Arvind Sharma @ Pushkar Santro Car on the ground was lifted in the form of sample by cotton gauze by the IO and preserved in a plastic container. It was sealed with the seal of GK and seized vide memo, proved as Ex.PW-8/H. At the same spot, rori (broken pieces of stones) which were blood stained were also lifted in the form of sample by the IO and preserved in a plastic container. It was sealed with the seal of GK and seized vide memo, proved as Ex.PW-8/I. IO arrested the accused Arvind vide arrest memo, proved as Ex.PW- 15/C; conducted his personal search vide memo, proved as Ex.PW-16/A. Both the cars were also seized by the IO vide seizure memos, proved as Ex.PW-8/K (that of black santro car DL-4CR-7712) and Ex.PW-8/L (that of Car bearing no. DL-3CP-3586).
33.3. PW-18 has further deposed that IO instructed HC Bijender and Ct.Rajesh to get the medical examination of accused conducted and they returned thereafter to the spot. Thereafter, all the police officials came back to PS at about 05:15 AM. Accused was detained in the Police lock up and IO deposited the case property in the malkhana.
33.4. PW-18 has correctly identified the case properties i.e. one plastic container containing blood stained cotton gauze as Ex.PW-15/P1; Rohri sample lifted from the spot as Ex.PW-15/P2; Car bearing No. DL-4CR-7712 as Ex.P4; Car bearing No. DL-3CP-3586 as Ex.P6; Pistol as Ex.PW8/P1; two empty cartridges and three live cartridges as Ex.PW-8/P.2 to Ex.
SC No. 57011/2016 Page 47 of 70State v. Arvind Sharma @ Pushkar PW-8/P.6; two Nokia mobile phones (one black colour and other grey colour), recovered from the dashboard of the car as Ex.PW-8/P.9 and Ex.PW-8/P.10; one empty cartridge recovered from the spot as Ex.PW8/P7 (Mark EC1); one empty cartridge, recovered from the spot as Ex.PW-8/P.8 (Mark EC2); piece of gauze and cotton swab with blood stains and two slips of FSL mentioning the Ex.1A & Ex.1B as Ex.PW-15/P.1 and one light pink colour shirt, one white colour baniyan and one handkerchief, belongs to HC Shyam Lal as Ex.Pl to Ex.P3.
34.First IO/ PW-19 Insp. Ghanshyam Kishore has deposed that on 6.3.2013, at about 10.00 PM, on receipt of information regarding firing at Nangli Zalib, near SRS School, B-1, Janakpuri, he along with HC Bijender and Const. Harjinder went to the spot. Insp. Arti Sharma of Crime Branch along with her staff met him at the spot. About 8-10 police officials were present at the spot along with Insp. Arti Sharma. He found two Santro Cars, one was of black colour and other was of white colour, were stationed at the spot. The black colour Santro car bearing registration No. DL 4C R-7712 was stationed facing towards boundary wall of SRS School. The white colour Santro Car bearing registration no. DL-3CP-3586 was stationed at some distance from black colour Santro car on its back side. There was blood lying near black colour Santro Car, some blood stains were on the bonnet of white colour santro car and some blood stains were on the road. One empty cartridge case was lying near black colour santro car.
SC No. 57011/2016 Page 48 of 70State v. Arvind Sharma @ Pushkar The wind screen and the window glasses of black colour santro car were in broken condition. The crime team was informed for inspection of the spot. Insp. Arti Sharma produced one person who informed his name as Arvind Sharma @ Pushkar by stating that she along with her staff came there to apprehend accused Arvind Sharma on the basis of secret information. However, despite warning, accused Arvind fired towards HC Shyam Lal with his pistol and due to which HC Shyam Lal sustained gunshot injuries, who had already been removed to DDU hospital. Insp. Arti Sharma also produced the weapon i.e. Pistol which she had already got recovered from the possession of accused Arvind Sharma. This witness has correctly identified the accused before the Court.
34.1. PW-19 checked the pistol and took out its magazine, which was found loaded with four live cartridges. There was one another live cartridge in its chamber. All the five cartridges were taken out from the magazine and pistol. The words 'No. 1000' on one side and the words 'for army supply' on the other side were engraved on the pistol. The words KF7.65 were engraved on the bottom of every live cartridge. He prepared sketch of the pistol and the cartridges. The barrel of pistol was 15 cms, the length of Butt was perhaps 9.5 cms and its diagonal length was 20 cms. He also prepared sketch of the magazine of the pistol. The sketch of pistol, cartridges and magazine is proved as Ex.PW8/D. Thereafter, he prepared cloth parcel of the pistol, cartridges and SC No. 57011/2016 Page 49 of 70 State v. Arvind Sharma @ Pushkar magazines; sealed it with the seal of GK and seized vide memo, proved as Ex.PW-8/E. Insp. Arti Sharma gave her written complaint to him and he made his endorsement, proved as Ex.PW-19/A and handed over rukka to Ct.Harjinder. He was sent to PS for registration of FIR. He also prepared site plan, proved as Ex.PW-1/DB at the instance of Insp. Arti Sharma. 34.2. After about one hour of the information, crime team reached at the spot, inspected the spot and took photographs of the spot. He lifted empty cartridge case, blood from the bonnet of Santro car, blood-stained earth control and earth control from the spot. He prepared sketch of empty cartridge case, separate cloth parcels of above-said exhibits and same were sealed with seal of GK. The seizure memo of empty cartridge (lying outside santro car) is proved as Ex.PW8/F and seizure memo of blood, blood-stained earth control & earth control are proved as Ex.PW8/H, Ex.PW8/I and Ex.PW8/J respectively. On search of black colour santro car, one empty cartridge case was found lying on its footrest of front seat. The same was lifted and turned into a cloth parcel, sealed the same with the seal of GK and seized vide memo, proved as Ex.PW-8/G. There were two mobile phones of make 'Nokia' found lying in the black colour Santro Car. He prepared a cloth parcel of these mobile phones; sealed them with the seal of GK and seized vide memo, proved as Ex.PW-15/B. SC No. 57011/2016 Page 50 of 70 State v. Arvind Sharma @ Pushkar 34.3. PW-19 has further deposed that thereafter, both the Santro cars were seized vide memos, proved as Ex.PW8/K (of car bearing registration No. DL 4C R-7712) and Ex.PW8/L (of car bearing registration No. DL 3C P-3586). Accused was arrested vide memo, proved as Ex.PW15/C. His personal search was conducted vide memo, proved as Ex.PW16/A. PW-19 interrogated the accused and recorded his disclosure statement proved as Ex.PW16/B and sent accused Arvind along with HC Bijender and Const. Rajesh to DDU Hospital for conducting his medical examination. At about 02.00 AM, Const. Harjinder returned to the spot with copy of FIR and original rukka. The crime team Incharge handed over his inspection report to him. While checking the black colour Santro Car, when he found empty cartridge case and mobile phones inside the Car, he again called the crime team for inspection of Santro Car. The crime team came and inspected the Santro Car and thereafter, he lifted the empty cartridge case and mobile phones and seized the same. Thereafter, the crime team handed over the report regarding inspection of Santro Car to him. Both the seized Santro cars were sent to PS. 34.4. Thereafter, he went to DDU Hospital and collected the MLC of injured HC Shyam Lal and his surgery was to be conducted. He collected the blood-stained clothes of injured HC Shyam Lal; prepared a cloth parcel; sealed it with the seal of GK and seized vide seizure memo, proved as Ex.PW-1/A. Then he SC No. 57011/2016 Page 51 of 70 State v. Arvind Sharma @ Pushkar along with accused Arvind and his staff came to PS. The case property was deposited with MHC(M). Accused was put in lockup. He called the members of raiding team of Insp. Arti Sharma in PS Janakpuri and recorded their statements. He also recorded the statements of HC Bijender and Const. Harjinder. Accused was produced in the Court and from there he was remanded to J.C. Thereafter, further investigation of this case was taken by the SHO/Insp.H.S.P.Singh. He came to know that black colour Santro Car was of accused Arvind and white colour Santro Car was of injured HC Shyam Lal.
34.5. PW-19 has correctly identified the case properties i.e. one pistol with empty magazine, three live cartridges and two empty cartridge cases, as Ex.PW8/P1 (pistol) to Ex.PW8/P6 (cartridges), plastic box containing used cartridge marked as EC-1, Exhibit Ex.PW8/P7, plastic box containing used cartridge marked as EC-2, Ex.PW8/P8, two mobile phones as Ex.PW8/P9 and P10, one plastic box containing piece of gauze having blood stains as Ex.PW15/P1 and another plastic box containing earth control as Ex.P2 before the Court. He has also correctly identified the photographs of Car bearing no. DL-3CP-3586 as Ex.PW-2/A.16 to A19 and black colour Santro car bearing No. DL 4C R-7712 as Ex.PW2/A5 to A15, clothes of injured i.e. one light pink colour shirt, one white colour baniyan and one handkerchief as Ex.P.1 to Ex.P.3 before the Court. He further deposed that the colour of Car bearing no. DL-3CP-3586 is SC No. 57011/2016 Page 52 of 70 State v. Arvind Sharma @ Pushkar silver and inadvertently, he has stated its colour as white though it is of silver colour.
35.PW-3 SI Sushil Kumar has deposed that on 07.03.2013, at about 02:05 AM, he received rukka brought by Ct. Harjinder sent by SI Ghansham Kishore for registration of FIR. On the basis of which, he got FIR No. 70/2013 recorded u/s 186/353/332/307 IPC and Section 25/27 Arms Act, vide DD No. 4A. He has proved the computerized copy of FIR as Ex.PW-3/A; his endorsement Ex.PW-3/B and Certificate Ex.PW-3/C. He has further deposed that after registration of FIR, he had handed over the copy of FIR and original rukka to Ct. Harjinder for handing over the same to SI Ghansham Kishore for investigation purpose. 35.1. During cross-examination by the defence, PW-3 has deposed that he remained with Ct. Sandeep/Computer operator for about 40 minutes. He did not lodge any 'Bandi' (closure record) entry in roznamcha about the closure of FIR.
36.PW-20 ACP HSP Singh/ 2nd IO has deposed that after taking further investigation of this case, on 13.03.2013, exhibits of the present case were sent to FSL through Ct. Mukesh and he recorded the statement of MHC(M) and Ct. Mukesh. On 05.04.2013, photographs taken by the Crime team were collected. On 10.04.2013, injured HC Shyam Lal who was posted at Crime branch was called and then he was sent to DDU hospital alongwith HC Rajeev for collection of his blood sample. After some time, HC Rajeev and HC Shyam Lal returned to PS SC No. 57011/2016 Page 53 of 70 State v. Arvind Sharma @ Pushkar from the hospital. HC Rajeev handed over the sealed parcel containing the blood sample of injured alongwith sample to him which were seized vide seizure memo, proved as Ex.PW-15/D. Thereafter, he was transferred from PS Janak Puri, so he deposited the case file with MHC(R).
37.PW-21 Insp.Raj Kumar/ 3rd IO has deposed that on 16.04.2013, after receiving further investigation of this case since IO/Insp. H.S.P.Singh was transferred from PS Janak Puri, on 17.04.2013, remaining exhibits were sent to FSL by him through Ct. Sri Ram vide RC no. 2/21/2013. He further deposed that on 17.05.2013, he requested the ACP for obtaining permission/complaint u/s 195 Cr.P.C. After some days, he collected the complaint u/s 195 Cr.P.C. from Sh. K.P.S Malhotra, ACP Crime Branch, as Mark P.21/1. He collected FSL result from Ballistic Unit, proved as Ex.PW-21/A. He also obtained permission/Sanction u/s 39 of Arms Act.
37.1. PW-21 has further deposed that he obtained the opinion regarding the nature of injuries sustained by injured HC Shyam Lal from DDU hospital. The nature of injuries were opined as 'Grievous' by the concerned doctor. Thereafter, he prepared the charge sheet and same was filed before the concerned Court. Late he collected the FSL result from Biology department of FSL, proved as Ex.PW-21/B and same was filed in the Court through supplementary charge sheet.
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38.PW-22 Sh. K.P.S.Malhotra, Dy. Director (OPS) and Zonal Director (NCB), Delhi has deposed that on 06.03.2013, he was posted as ACP, SIT, Crime Branch, Delhi. Insp. Arti Sharma was under his supervision and she gave a credible information regarding the criminals involved in heinous crime. On that information, a team under Insp. Arti Sharma conducted a raid and apprehended Arvind Sharma @ Pushkar from Janak Puri, Delhi. He has further deposed that in the process, the accused persons fired upon the police team and the bullet injury was sustained by HC Shyam Lal. After going through the contents of the information and the raid conducted, he was convinced that the Complaint u/s 195 Cr.P.C., proved as Ex.PW-22/A was legally valid and the same was submitted before the Hon'ble Court. Insp. Arti Sharma had also briefed him about the facts and about the registration of the present case bearing FIR no. 70/13 with PS Janak Puri and thereafter, he filed the Complaint Ex.PW-22/A in the Court.
39.PW-17 Sh. Devender Arya, DCP Operations has deposed that he had gone through the FSL report, statement recorded u/s 161 Cr.P.C. and other relevant documents and on being satisfied that accused Arvind Sharma @ Pushkar had in his exclusive and conscious possession one 7.65 mm improvised pistol, five 7.65 mm live cartridges and two 7.65 mm empty cartridge cases, without any valid license in contravention of Section 3 of the Arms Act, 1959 and he had committed an offence u/s 25 Arms SC No. 57011/2016 Page 55 of 70 State v. Arvind Sharma @ Pushkar Act vide case FIR no. 70/13 dated 07.03.2013 u/s 186/353/332/307 IPC and Section 25 Arms Act, PS Janak Puri. Accordingly, he gave Sanction for the prosecution of accused u/s 39 of Arms Act vide order, proved as Ex.PW-17/A.
40.PW-23 SI Nikka Ram has deposed that on 07.03.2013, he was posted at PS Janak Puri as HC and working as MHC(M). On that day, SI Ghanshyam Kishore had deposited 8 sealed Pullandas duly sealed with the seal of 'GK'. SI Ghanshyam also deposited two seized vehicles i.e. one Santro Car bearing registration no. DL-4CR-7712 of black colour and one another Santro Car bearing registration no. DL-3CP-3586 of silver colour. He had mentioned the same in register no. 19 at serial no. 3006, proved as Ex.PW-23/A (OSR).
40.1. PW-23 further deposed that on 10.04.2013, Insp. HSP Singh had deposited one sealed pullanda duly sealed with the seal of CMO DDU hospital Delhi alongwith sample seals of the same. He had mentioned the same in register no. 19 at srl. no. 3342, proved as Ex.PW-23/B. 40.2. PW-23 has further deposed that on 17.04.2013, four sealed Pullandas alongwith one sample seal were handed over to Ct. Shree to deposit the same to FSL Rohini through RC No.2/21/13, proved as Ex.PW-23/C. After depositing the same, the Ct. Shree had handed over the copy of acceptance to him.
40.3. He has further deposed that on 11.03.2013, three sealed Pullandas were handed over to Ct. Mukesh to deposit the same to SC No. 57011/2016 Page 56 of 70 State v. Arvind Sharma @ Pushkar FSL Rohini through RC No.114/21/13, copy of the same is proved as Ex.PW-23/D. After depositing the same, Ct. Mukesh had handed over the copy of acceptance to him.
40.4. He has further deposed that on 13.03.2013, three sealed pullandas were handed over to Ct. Mukesh to deposit the same at FSL Rohini through RC no. 115/21/13, copy of the same is proved as Ex.PW-23/E. After depositing the same, Ct. Mukesh had handed over the copy of acceptance to him.
41.PW-24 Sh. Rajender Kumar has deposed that he is working as a cab driver and registered owner of Santro Car bearing registration no. DL-3CP-3586 make Santro. He has further deposed that on 03.04.2023, he had obtained above said car on Superdari, proved as Ex.PW-24/A. He has also correctly identified the photographs of the Car as Ex.PW-2/A16 to Ex.PW-2/A19.
41.1. PW-24 has further deposed that on 05.03.2013, his Car was taken by his known police official Shyam Lal for some urgent work. Prior to this, he had also taken 2-3 times his Car for his urgent work. Therefore, he again handed over his Car to him on 05.03.2013. He got released his Car on Superdari on 03.04.2013. He has further deposed that on the previous date, date of release of his vehicle on Superdari was mentioned as 03.04.2023, which is wrong and actual date is 03.04.2013. However, his Car has been stolen on 29.10.2022 and I had lodged eFIR of the same, copy of the same is marked as Mark SC No. 57011/2016 Page 57 of 70 State v. Arvind Sharma @ Pushkar PW-24/X. Witnesses to FSL result:
42.The case property, earth control and some exhibits were lifted from the scene of crime soon after the incident during investigation and in this regard, PW-6 Ct. Shriram has deposed that on 17.04.2013, MHC(M) CP gave his four sealed pullandas, FSL forms for depositing at FSL, Rohini vide RC no. 02/21/13, copy of the same is proved as Ex.PW-6/A. He deposited the abovesaid articles in the FSL, Rohini and came back to PS Janak Puri and handed over the acknowledgment to MHC(M), proved as Ex.PW-6/B. He has further deposed that so long as the exhibits remained in his custody, the same remain intact and not tampered.
43.PW-7 Ct. Mukesh has deposed that on 13.03.2013, on the direction of the SHO/IO of the case, he took three sealed parcels with regard to the present case from the MHC(M) alongwith FSL form and RC no. 115/21/13, copy of the same is proved as Ex.PW-7/A, for depositing the same at FSL, Rohini, Delhi. He deposited the aforesaid articles at FSL, Rohini, vide FSL No. 2013/F-2021. After depositing the articles at FSL, Rohini, he came back to PS and handed over the copy of acknowledgment, proved as Ex.PW-7/B to MHC(M). So long as the parcels remained in his custody, they remained intact and not tampered.SC No. 57011/2016 Page 58 of 70
State v. Arvind Sharma @ Pushkar
44.The FSL result of Ballistic proved as Ex.PW-21/A opines that the cartridge cases recovered from the spot and marked as exhibit "EC1 and EC2" have been fired through the improvised pistol marked exhibit 'F1'. The exhibit 7.65 MM cartridges marked A1 to A5 are Ammunition as defined in Arms Act.
45.As per FSL result of Biology proved as Ex.PW-21/B, blood was detected on exhibits 1a, 1b, 2, 3a, 3b, 3c and 4 which are gauze cloth piece, cotton wool swab, blackish concrete material/rohri, full sleeves shirt of the injured, the baniyan of the injured, the handkerchief of the injured and blood on gauze piece respectively.
Medical Evidence:
46.PW-9 Dr. Anubhav Gupta, Consultant Plastic Surgeon, Sir Ganga Ram hospital, Delhi has produced the official record pertaining to patient Mr. Shyam Lal S/o Sh. Laxmi Narain in connection with the MLC no. 5450 of DDU hospital dt. 06.03.2013. He has further deposed that on 07.03.2013, at 12:57 AM, the aforesaid patient was brought before him for examination and treatment as referred by the DDU hospital. The patient Mr. Shyam Lal was examined by the doctor in Casualty at Sir Ganga Ram hospital with the alleged history of gunshot injury at 09:35 PM at Janak Puri on duty on 06.03.2013 and patient was immediately taken to DDU hospital for first aid. The photo copy of Casualty Card is proved as Ex.PW-9/A (two SC No. 57011/2016 Page 59 of 70 State v. Arvind Sharma @ Pushkar sheets) (OS&R). On Ex.PW-9/A, the sticker showing the name of patient as Achla Jain is inadvertently pasted instead of sticker of Mr. Shyam Lal, which is appearing on rest of the file. The findings of the Dr. P.P.Sharma in Casualty are appearing on the Casualty Card Ex.PW-9/A from point A to A. The patient was shifted to Operation theatre after getting the investigations done.
The patient Shyam Lal was operated by him and Orthopedic surgeon Dr. Satish, in which exploration of left-hand wound and median nerve repair by nerve grafting (Sural nerve) plus K wire fixation of left fourth metacarpal was done. In this regard, photocopy of OT note is proved as Ex.PW-9/B (three sheets) (OS&R). Photo copy of discharge summary is Ex.PW-9/C (OS&R) and the handwriting on the photocopy Ex.PW-9/C at point A made by him when patient came to him later on for follow-up and further treatment.
46.1. He has further deposed that he has seen the photocopy of OPD Ticket dt. 08.04.2013 and the patient was examined by him on 11.04.2013 vide the above OPD, marked as Mark PW-9/1. He had also identified his handwriting on his private letterhead on the photocopies of prescriptions Mark PW-9/2 and Mark PW-9/3. He had also identified his counter sign at points A on the photocopies of the Bills Mark PW-9/4 to Mark PW-9/14. He also identified his signatures at point A on the photocopy of private OPD receipt, Mark PW-9/15.
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47.PW-12 Dr. Rajeev Kumar Singh has deposed that on 06.03.2013, he was posted at DDU hospital as Sr. Resident (Casualty). On that day, one injured HC Shyam Lal was brought by SI Rajneesh Sharma with alleged history of gunshot injury as told by self. He examined the said injured and found injury as follows:
1. Small circular shape wound over mid part of left wrist with blackening around wound, measures approx. 1 x 1 cm.
2. Irregular margin circular shape wound over dorsomedial part of left hand, measures approx. 2 x 2 cm.
48.After administering the primary treatment, patient was referred to Ortho and plastic Surgeon (SR) for further management. He prepared the MLC no. 5450 of patient HC Shyam Lal, proved as Ex.PW-12/A. 48.1. During his cross-examination by the defence, witness has deposed that the injured did not tell as to the time at which time he got the said injury as he did not ask the same from the patient. He could not assess the duration of injury. He has admitted that he examined Arvind Sharma @ Pushkar on 07.03.2013 at around 04:40 AM and prepared the MLC No. 5453, proved as Ex.PW-12/DA, vide which he himself assessed that the injured was having old reddish bruises over left side of face and right back of shoulder. He has denied the suggestion that the injury SC No. 57011/2016 Page 61 of 70 State v. Arvind Sharma @ Pushkar mentioned in MLC at srl. no. 2 was fresh at the time of examination of Arvind Sharma.
49.PW-14 Dr. Ajay Sharma, Medical Officer, DDU hospital, Delhi has deposed that he has been deputed by the Medical Supdt. of DDU hospital to prove the handwriting and signature of Dr. Debjanee, CMO and Dr.Sudhir, SR (Ortho). Both the doctors have left the services of the hospital and their present whereabouts are not available. He had worked with them and seen them writing and signing in the due course of official duty. He has further deposed that MLC Ex.PW-12/A bears the endorsement of Dr. Sudhir encircled in red portion mark X & Y and portion X bears his initial at point B. Dr. Sudhir had finally opined the nature of injury as "Grievous" as per Radiology opinion in red portion Mark X. The back portion of the MLC Ex.PW-12/A, portion B to B is also in the handwriting of Dr. Sudhir and same bears his signatures at point C. 49.1. PW-14 Dr. Ajay Sharma has further deposed that the MLC Ex.PW-12/A was prepared by Dr.Rajeev, SR under the supervision of Dr. Debjanee, who was then EMO. 49.2. During cross-examination by the defence, PW-14 has admitted that the MLC Ex.PW-12/A as well as the final opinion regarding the nature of injury were not prepared in his presence.
Court's Observation:
50.The testimonies of PW-1 HC Shyam Lal, PW-8 Insp. Arti SC No. 57011/2016 Page 62 of 70 State v. Arvind Sharma @ Pushkar Sharma, PW-10 ASI Bahadur Sharma and PW-11 SI Rajneesh Sharma are trustworthy and inspires confidence of this Court and they cannot be discredited for want of public witnesses. Reliance is place by this Court upon Judgment of the Hon'ble High Court of Delhi in Surjeet Munda vs State reported in AIRONLINE 2021 DEL 499, wherein it has observed that :
"The testimony of the official witnesses cannot be thrown away simply on the ground that IO failed to join public witnesses. Experience has shown that public witnesses are reluctant to join the investigation. At the highest, the non joining of public witness by the IO can only be said to be a fault on the part of the IO which cannot be the sole basis for disbelieving the entire case of the prosecution and the testimony of the believable official witnesses. Conviction can be recorded on the sole testimony of police officials without corroboration from a public witness, if it inspires confidence. In this regard reliance can be placed upon Tahir Vs. State (1996) 3 SCC 338, in which the Hon'ble Supreme Court has held as follows:
"no infirmity attaches to the testimony of police officials, merely because they belong to the police force and there is no rule of law or evidence which lays down that conviction cannot be recorded on the evidence of the police officials, if found reliable, unless corroborated by some independent evidence. The Rule of Prudence, however, only requires a more careful scrutiny of their evidence, since they can be said to be interested in the result of the case SC No. 57011/2016 Page 63 of 70 State v. Arvind Sharma @ Pushkar projected by them. Where the evidence of the police officials, after careful scrutiny, inspires confidence and is found to be trustworthy and reliable, it can form basis of conviction and the absence of some independent witness of the locality to lend corroboration to their evidence does not in any way affect the creditworthiness of the prosecution case."
51.It is well settled that ocular evidence is considered as the best form of evidence in a criminal trial, given that it is duly corroborated by other evidences and there is no reason to doubt it. It is settled law that testimony of an injured/eye witness stands on a higher pedestal than any other witness, in as much as, he sustains injuries in the incident. As such, there is an inbuilt assurance regarding his presence at the scene of the crime and it is unlikely that he will allow the real culprit to go scot free and would falsely implicate any other person. In the case of Abdul Sayeed v. State of Madhya Pradesh, [(2010) 10 SCC 259] , it was held by the Hon'ble Supreme Court of India as under:
' Where a witness to the occurrence has himself been injured in the incident, the testimony of such a witness is generally considered to be very reliable, as he is a witness that comes with a built−in guarantee of his presence at the scene of the crime and is unlikely to spare his actual assailant(s) in order to falsely implicate someone. 'Convincing evidence is required to discredit an injured witness."SC No. 57011/2016 Page 64 of 70
State v. Arvind Sharma @ Pushkar
52. Further, in the case reported as Jarnail Singh & others v. State of Punjab, (2009) 9 SCC 719, also it was held by the Hon'ble Supreme Court of India that testimony of an injured witness will have a special evidentiary status. It was held as under:
'.....the testimony of the injured witness is accorded a special status in law. This is as a consequence of the fact that the injury to the witness is an inbuilt guarantee of his presence at the scene of the crime and because the witness will not want to let his actual assailant go unpunished merely to falsely implicate a third party for the commission of the offence. Thus, the deposition of the injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies therein.'
53. The thrust of arguments of Ld. Defence Counsel is that there are contradictions in the testimony of material witnesses however, perusal of record reflects that the said contradictions are minor in nature which do not go to the root of the matter and does not wash away the case of the prosecution. Other than these minor confrontations, the witness has deposed in sequence and in detail about the entire circumstances and the incident by explaining the role of each of the member of raiding team and the offence committed by the accused. At this point, reliance is placed by this Court upon in case titled as Balu Sudam Khalde & Anr. v. The State of Maharashtra (2023) 6 S.C.R. 851, wherein after relying SC No. 57011/2016 Page 65 of 70 State v. Arvind Sharma @ Pushkar upon the Judgments in cases tiled as Bharwada Bhoginbhai Hirjibhai v. State of Gujarat 1983 Cri LJ 1096 : (AIR 1983SC 753) Leela Ram v. State of Haryana AIR 1995 SC 3717 and Tahsildar Singh v. Stateof UP (AIR 1959 SC 1012), it is held that :
'..........25. The appreciation of ocular evidence is a hard task. There is no fixed or straight-jacket formula for appreciation of the ocular evidence. The judicially evolved principles for appreciation of ocular evidence in a criminal case can be enumerated as under:
"I. While appreciating the evidence of a witness, the approach must be whether the evidence of the witness read as a whole appears to have a ring of truth. Once that impression is formed, it is undoubtedly necessary for the Court to scrutinize the evidence more particularly keeping in view the deficiencies, drawbacks and infirmities pointed out in the evidence as a whole and evaluate them to find out whether it is against the general tenor of the evidence given by the witness and whether the earlier evaluation of the evidence is shaken as to render it unworthy of belief. II. If the Court before whom the witness gives evidence had the opportunity to form the opinion about the general tenor of evidence given by the witness, the appellate court which had not this benefit will have to attach due weight to the appreciation of evidence by the trial court and unless there are reasons weighty and formidable it would not be proper to reject the evidence on the ground of minor variations or infirmities in the matter of trivial details. III. When eye-witness is examined at length it is quite possible for him to make some discrepancies. But courts should bear in mind that it is only when discrepancies in the evidence of a witness are so incompatible with the credibility of his version that the court is justified in jettisoning his evidence.
IV. Minor discrepancies on trivial matters not touching the core of the case, hyper technical approach by taking sentences torn out of context here or there from the evidence, attaching importance to some technical error committed by the investigating officer not going to the root SC No. 57011/2016 Page 66 of 70 State v. Arvind Sharma @ Pushkar of the matter would not ordinarily permit rejection of the evidence as a whole.
V. Too serious a view to be adopted on mere variations falling in the narration of an incident (either as between the evidence of two witnesses or as between two statements of the same witness) is an unrealistic approach for judicial scrutiny.
VI. By and large a witness cannot be expected to possess a photographic memory and to recall the details of an incident. It is not as if a video tape is replayed on the mental screen. VII. Ordinarily it so happens that a witness is overtaken by events. The witness could not have anticipated the occurrence which so often has an element of surprise. The mental faculties therefore cannot be expected to be attuned to absorb the details.
VIII. The powers of observation differ from person to person. What one may notice, another may not. An object or movement might emboss its image on one person's mind whereas it might go unnoticed on the part of another. IX. By and large people cannot accurately recall a conversation and reproduce the very words used by them or heard by them. They can only recall the main purport of the conversation. It is unrealistic to expect a witness to be a human tape recorder.
X. In regard to exact time of an incident, or the time duration of an occurrence, usually, people make their estimates by guess work on the spur of the moment at the time of interrogation. And one cannot expect people to make very precise or reliable estimates in such matters. Again, it depends on the time-sense of individuals which varies from person to person.
XI. Ordinarily a witness cannot be expected to recall accurately the sequence of events which take place in rapid succession or in a short time span. A witness is liable to get confused, or mixed up when interrogated later on. XII. A witness, though wholly truthful, is liable to be overawed by the court atmosphere and the piercing cross examination by counsel and out of nervousness mix up facts, get confused regarding sequence of events, or fill up details from imagination on the spur of the moment. The sub- conscious mind of the witness sometimes so operates on account of the fear of looking foolish or being disbelieved though the witness is giving a truthful and honest account of SC No. 57011/2016 Page 67 of 70 State v. Arvind Sharma @ Pushkar the occurrence witnessed by him.
XIII. A former statement though seemingly inconsistent with the evidence need not necessarily be sufficient to amount to contradiction. Unless the former statement has the potency to discredit the later statement, even if the later statement is at variance with the former to some extent it would not be helpful to contradict that witness."
26. When the evidence of an injured eye-witness is to be appreciated, the under- noted legal principles enunciated by the Courts are required to be kept in mind:
(a) The presence of an injured eye-witness at the time and place of the occurrence cannot be doubted unless there are material contradictions in his deposition.
(b) Unless, it is otherwise established by the evidence, it must be believed that an injured witness would not allow the real culprits to escape and falsely implicate the accused.
(c) The evidence of injured witness has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly.
(d) The evidence of injured witness cannot be doubted on account of some embellishment in natural conduct or minor contradictions.
(e) If there be any exaggeration or immaterial embellishments in the evidence of an injured witness, then such contradiction, exaggeration or embellishment should be discarded from the evidence of injured, but not the whole evidence.
(f) The broad substratum of the prosecution version must be taken into consideration and discrepancies which normally creep due to loss of memory with passage of time should be discarded.
27. In assessing the value of the evidence of the eyewitnesses, two principal considerations are whether, in the circumstances of the case, it is possible to believe their presence at the scene of occurrence or in such situations as would make it possible for them to witness the facts deposed to by them and secondly, whether there is anything inherently improbable or unreliable in their evidence. In respect of both these considerations, circumstances either elicited from those witnesses themselves or SC No. 57011/2016 Page 68 of 70 State v. Arvind Sharma @ Pushkar established by other evidence tending to improbabilise their presence or to discredit the veracity of their statements, will have a bearing upon the value which a Court would attach to their evidence. Although in cases where the plea of the accused is a mere denial, the evidence of the prosecution witnesses has to be examined on its own merits, where the accused raise a definite plea or put forward a positive case which is inconsistent with that of the prosecution, the nature of such plea or case and the probabilities in respect of it will also have to be taken into account while assessing the value of the prosecution evidence..........'.
54.Another thrust of argument of defence counsel is that before the raid was conducted, the involvement of the present accused in alleged murder case registered at PS Binda Pur was not verified by the Incharge of raiding team PW-8 Insp. Arti Sharma. However, as per record, the secret information received for apprehending the accused wanted in murder case was recorded vide DD no.12 dated 06.03.2013, SIT Crime Branch, Sector-18, Rohini, New Delhi by PW-8 Insp. Arti Sharma which is proved as Ex.PW-8/A. In her testimony, she has deposed that before informing her seniors and constituting the raiding team, the fact of accused being wanted in the said murder case of PS Binda Pur was duly verified by her.
SC No. 57011/2016 Page 69 of 70State v. Arvind Sharma @ Pushkar Conclusion/findings :
55.As in a criminal trial the onus is on the prosecution to establish the guilt of the accused persons before the Court beyond the shadow of all reasonable doubts and in the present matter, in view of above discussions & findings, this Court is of the considered opinion that prosecution has been able to prove its case against the present accused Arvind Sharma @ Pushkar beyond reasonable doubt for the offences under section Accordingly, accused Arvind Sharma @ Pushkar is held guilty and convicted of the Charge under Section 307/333/353/186 IPC and Section 25 Arms Act. He be heard separately on the point of Sentence.
56.Copy of this Judgment be given to accused free of cost against receipt. SHEFALI Digitally signed by SHEFALI BARNALA BARNALA TANDON Date: 2025.08.19 TANDON 17:21:14 +0530 ANNOUNCED IN THE OPEN (SHEFALI BARNALA TANDON) COURT ON: 19.08.2025 ASJ-05 (West), THC, Delhi.
It is certified that this Judgment contains 70 pages and Digitally signed each page bears my signatures. SHEFALI by SHEFALI BARNALA BARNALA TANDON TANDON Date: 2025.08.19 17:21:21 +0530 (SHEFALI BARNALA TANDON) ASJ-05 (West), THC, Delhi 19.08.2025 SC No. 57011/2016 Page 70 of 70 State v. Arvind Sharma @ Pushkar