Delhi District Court
State vs . 1. Avinash @ Birbal on 21 January, 2011
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGE-II (NORTH-WEST): ROHINI COURTS: DELHI.
Sessions Case No. 760/2007
Unique Case ID: 02404R0072522007
State Vs. 1. Avinash @ Birbal
S/o Sh. Murari Lal
R/o House No. 480,
Mukhmelpur, Delhi.
(Acquitted)
2. Ram Rattan @ Ratan Singh
S/o Bhim Singh
R/o Village Rajheri,
PS Bahadurgarh, PO Simbhawli
Ghaziabad. U.P.
(Acquitted)
3. Sunil
S/o Mohan Lal
Village Bahiyari Baghel,
PS Bhampar Rani
Distt. Devaria, U.P.
(Acquitted)
4. Om Singh @ Karan
S/o Sukhbir Singh
R/o Puja Colony,
Azad Enclave, near Ram Park,
Loni Ghaziabad, U.P.
(Acquitted)
FIR No. : 770/2006
Under Section : 399/402/186/307/34 Indian penal
Code.
Police Station : Adarsh Nagar
State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 1 of 35
Date of committal to sessions court : 15.3.2007
Judgment reserved on : 23.12.2010
Judgment pronounced on : 21.1.2011
JUDGMENT
Brief Facts:-
On 4.12.2006 at 6.55 PM at DDA Park Transport Centre, Azadpur, the accused Avinash @ Birbal, Sunil, Ram Rattan @ Rattan Singh and Om Singh @ Karan had assembled and were making preparation for committing dacoity and when surrounded by the police party the accused obstructed public servants (i.e. police officials) in discharge of their public function and also assaulted to deter public servants in discharge of their duties and while doing so they fired upon the police party. The accused Om Singh was found in possession of pistol which he used, accused Avinash, Sunil and Ram Rattan were also found in possession of desi kattas in contravention of Notification issued by NCT of Delhi.
Case of prosecution in brief:-
The case of prosecution in brief is that on 04.12.06 at about 5.35 PM, Inspector Sanjay Nagpal received an information that five to six persons would be gathering at DDA Park Transport Centre, New Sabzi Mandi. He passed on this information to SHO police station Adarsh Nagar and lodged this information vide DD No.20. Thereafter, inspector Sanjay Nagpal along with HC Ved Prakash, Ct. Satender, Ct. Hari Chand left for the spot on private vehicle and reached near out gate new Sabzi Mandi. HC Bhagwan, HC Rajpal and Ct. Satyawan who also called to join the raiding State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 2 of 35 party. HC Ved Prakash was directed to go near the miscreants who were sitting in the park and after hiding himself, hear their conversation and give an indication by flashing the torch in the sky. At about 6.55 PM, HC Ved Prakash made the signal from the torch and on this all the raiding party surrounded the accused persons after which one of the accused started shouting "Maro or Bhago Police aa gayi hai" and thereafter started running in different directions. Four accused persons were apprehended by the raiding party whereas two of them succeeded in running away. It is further alleged that accused Om @ Karan even fired at the police official which shot missed the police party. Loaded desi Katta containing one live cartridge were recovered from accused Sunil; one katta was recovered from accused Om Singh @ Karan; one katta along with one cartridge were recovered from accused Ram Rattan, one loaded katta was recovered from accused Avinash containing one live cartridge and chilly powder was also recovered from accused Ram Ratan. Thereafter rukka was prepared and FIR was got registered. All the articles were seized, accused persons were arrested, their personal search was conducted and disclosure statements were recorded. After completing the investigations, charge sheet was filed before the court. CHARGE:
On the basis of the allegations made in the charge sheet, charge under Section 399/402/186/353/307 read with Section 34 Indian Penal Code were settled against the accused Avinash @ Birbal, Sunil, Ram Rattan Singh @ Rattan Singh and Om Singh @ Karan. Further, charge under Section 25/27/54 Arms Act, was settled State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 3 of 35 against accused Om Singh @ Karan whereas charge under Section 25/54/59 Arms Act was settled against accused Avinash @ Birbal, Sunil and Ram Rattan Singh @ Rattan Singh.
EVIDENCE:
PW1 ASI Dinesh Kumar has deposed that on 4.12.2006 he was posted in police station Adarsh Nagar as Head Constable and on receipt of rukka from constable Satinder recorded the FIR No. 770/06 copy of which is Ex.PW1/A. He also made endorsement upon the rukka which is Ex.PW1/B. In his cross examination by Ld. defence counsel, the witness has deposed that he received the rukka at about 10 PM and took about 50 minutes in writing the FIR and after recording the FIR, handed over the original rukka and copy of IR to constable Satinder. He has denied the suggestion that he recorded the FIR on the dictation of investigating officer or that he is deposing falsely.
PW2 HC Raj Pal has deposed that on 4.12.2006, he was posted at police post New Sabzi Mandi, Azadpur, Police Station Adarsh Nagar. On that day he was on patrolling duty and at about 6 PM, SI Sanjay Nagpal called him on wireless set to reach at Out Gate of New Subzi Mandi on which he went there and met SI Sanjay Nagpal, HC Shree Bhagwan, HC Ved Prakash, Ct. Hari Chand, Ct. Satyawan and Ct. Satinder. According to the witness, at that time HC Ved Prakash, Ct. Hari Chand and Ct. Satinder were in civil clothes and remaining police officials were in uniform. The witness has deposed that SI Sanjay Nagpal told the police team at about 6.30 State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 4 of 35 to 7 PM that some miscreants will gather at TPT Centre, Azadpur, DDA Park and they are likely to commit some crime and if raided they can be apprehended. Thereafter, SI Sanjay Nagpal had asked five six passerbye's to join the investigation but none agreed and left the place after which without wasting time SI Sanjay Nagpal constituted a raiding party comprising of all above said police officials and the informer. According to the witness, at about 6.30 PM SI Sanjay Nagpal sent the informer at the spot to confirm the information and the informer returned to them at about 6.40 PM and told him that five to six miscreants were present in the aforesaid park behind the tree. The witness has further deposed that thereafter HC Ved Prakash was deputed to hear the conversation of those miscreants and to make an indication by flashing the torch. The witness has further deposed that Ct. Ved Prakash thereafter went towards the spot whereas HC Shree Bhagwan and Ct. Satinder were directed to take their position towards Chand Roop Akhara, Ct. Hari Chand and Ct. Satyawan were deployed near TPT Centre and he (PW2) and incharge police post took position near the smaller gate of the park. The witness has further deposed that HC Ved Parkash went at the spot and after hearing the conversation at about 6:55 PM gave the indication by flashing the torch on which the police party surrounded the accused persons. According to the witness, SI Sanjay Nagpal told the miscreants that they had been surrounded by the police party and should surrender. On hearing this all the accused persons stood at the spot and suddenly one of the boys shouted "hame police ne gher liya hai maro or bhago" and thereafter all the State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 5 of 35 boys started running in different directions. According to the witness, two boys were running towards the transport center and he followed them but taking advantage of the darkness, managed to escape. The witness has further deposed that Ct. Hari Chand and Ct. Satyawan apprehended accused Om @ Karan who were running towards the NDPL Office; HC Ved Parkash apprehended Ram Rattan @ Babloo who was running towards the one side of the Chand Roop Akhara;
HC Sri Bhagwan apprehended accused Avinash who was running towards Chand Roop Akhara and SI Sanjay Nagpal apprehended accused Sunil who was running towards the mandi side. Thereafter, all the accused were brought together in the park where they were interrogated where they disclosed their names. SI Sanjay Nagpal conducted the search of the accused Sunil and one loaded desi katta containing one live cartridge was recovered from the possession which he was holding in his right hand. According to the witness, accused Sunil was handed over to him (PW4) and SI Sanjay Nagpal prepared the khaka of the katta and the cartridge on a white sheet and measured the same, khaka of the Katta is Ex.PW2/A bearing his signature at point A signatures of SI Nagpal at point B and signature of accused at point C. The Katta was dully measured and was found to be having a length of 26.5cm, length of the barrel was 12 cm, the body was 12 cm and the butt was 9.5 cm and length of cartridge was found to be of 7.5 cm. The same was put into a pullanda and was prepared by putting the Katta and cartridge in a plastic jar which was sealed with the surgical tape and thereafter with a seal of SN. The witness has further deposed that from the right hand of accused Om State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 6 of 35 @ Karan a katta was snatched by Ct. Hari Chand which katta on examination was found to contain a burnt round and the khaka of the katta and burnt cartridge was prepared by SI Sanjay Nagpal which is Ex.PW2/B. According to the witness, HC Ved Parkash snatched the katta from the right hand of the accused Ram Rattan @ Rattan @ Babloo which he was carrying while running away from the spot which katta was containing a live cartridge and handed over the same to SI Nagpal who prepared the khaka of the katta and the live cartridge vide Ex.PW2/C and was sealed. According to the witness, red chilli powder was also recovered from the possession of the accused Ram Rattan which was put in a plastic container and sealed with the surgical tape and sealed with the same seal. The witness has further deposed that HC Shri Bhagwan and Ct. Satender had also snatched a katta from the right hand of accused Avinash while he was running away from the spot which was loaded and SI Nagpal prepared the khaka of the katta and live cartridge same is Ex.PW2/D and were seized. Seizure memos of the recovered kattas, cartridges and chilli powder were prepared by SI Nagpal and the seizure memo of the katta and the cartridge recovered from the possession of Sunil is Ex.PW2/E, bearing his signature at point A, signature of SI Sanjay Nagpal at point B and the signature of accused at point C. Similarly the seizure memo of the kattas and cartridges recovered from the possession of the remaining accused i.e. Avinash, Om Singh are Ex.PW2/F and Ex.PW2/G. The seizure memo of the katta, cartridge and the chilli powder recovered from the possession of the accused Ram Rattan is Ex.PW2/H. The witness has further deposed that State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 7 of 35 Head Constable Ved Prakash also told the investigating officer that the leader of this gang was Om @ Karan who was telling his associates that a Scooty No. 520 would be coming at A294, New Subzi Mandi and the person who would be coming in the Scooty would be carrying large amount of cash and they shall be looting him and in case of any opposition or obstruction, they would not hesitate to use their firearms. He also told that on hearing the same, one of the boys Nikoo had remarked "jaisa om bhai keh rahe hain waise hee sab karenge"and thereafter all the members of the group agreed. The witness has further deposed that SI Sanjay Nagpal filled up the FSL form and prepared a tehrir which he handed over to Constable Satender and sent him to the police station for getting the FIR registered. Thereafter, SI Sanjay Nagpal handed over all the pullandas containing the kattas and the chilli powder and also the FSL form and accused persons to ASI Surender and ASI Surender prepared a site plan on the pointing out of SI Sanjay Nagpal and recorded his statement. According to the witness, the disclosure statements of accused persons were recorded by the investigating officer in his presence, which are Ex.PW2/I, Ex.PW2/J, Ex.PW2/K and Ex. PW2/L after which all the accused were arrested vide memos Ex. PW2/M to Ex. PW2/P after which the personal search of all the accused were conducted vide memos Ex.PW2/Q to Ex.PW2/T. The witness has correctly identified the accused Om Singh, Ram Rattan and Avinash. (identity was not disputed). The witness has also correctly identified the case property i.e. desi katta and used cartridge Ex. P1 (collectively); desi katta Ex.P2; desi katta State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 8 of 35 and one burnt cartridge Ex.P3 (collectively); desi katta and one burnt cartridge Ex. P4 (collectively) and red chilli powder Ex. P5.
In his cross examination by Ld. defence counsels the witness has deposed that he reached the out gate of the park at about 6.15 p.m. and at that time the secret informer was already present with SI Sanjay Nagpal. According to him the secret informer remained with the police party till approximately 6.45 p.m. He does not recollect if there were public persons present in the park as according to him it was dark at that time. He has deposed that the investigating officer had requested the public persons to join the investigation at the out gate but the IO did not take any legal action against them for non-joining the investigation. According to this witness, he was in uniform. The witness has admitted that there was dark inside the park and there was no street light however the street light was present outside the boundary wall of the park. The witness has further admitted that the site plan Ex. PW6/C does not specifically show his location nor it shows any street lights outside the boundary. According to this witness, they remained at the spot upto 4.00 a.m. next morning and the writing work continued for the entire night till about 4.00 a.m. The witness has also deposed that first the khaka and seizure memos of the recovered firearms and chilli powder were prepared and then the FSL form was filled up and thereafter, a tehrir was prepared after which Constable Satender was sent to police station who returned to the spot after the registration of the FIR at about 10.45 p.m. According to this witness, the accused were apprehended approximately at 11 p.m. but he is unable to tell State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 9 of 35 the sequence in which the documents i.e. Arrest memos, personal search memos of the accused were prepared. The witness has denied the suggestion that the memos, site plan, disclosure statements were not prepared at the spot as there was dark or that the entire writing work was done, while sitting either at the police post or at the police station. Witness has admitted that Azadpur Subzi Mandi area is a thickly populated area. He has denied the suggestion that no public person was asked to join the investigation. The witness is unable to tell what items the IO was carrying in his bag nor the description of the bag of IO including its colour and size. According to the witness, there are many gates in the park and the gate towards the TPT side has many entry/exit points and there is a railing on the side of TPT which is not existing on many points which serve as entry/exit points. The witness has denied the suggestion that no recovery had been effected from accused Sunil and the katta had been planted upon him. According to him, he could identify the katta recovered from accused Sunil as it was having a white sunmica patti on one side of the gun. He has denied the suggestion that such kattas with sunmica patti are easily available in the market. He has further denied the suggestion that no recovery was effected from the accused persons or that the recoveries shown are planted upon the accused persons Or the accused persons did not make any disclosure statements Or that accused persons are innocent or that they have been falsely implicated in this case. The witness has further denied the suggestion that he did not join the investigation and all the documentation was done while sitting in the police station.
State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 10 of 35PW3 HC Jagdish Chander has deposed that on 4.12.2006, he was posted as MHCM in police station Adarsh Nagar and on that day ASI Surender Singh had deposited two pullandas with seal o SN alleged to be containing desi katta and live cartridges and second pullanda containing red chilly powder alongwith FSL Form. According to him IO had also deposited one pullanda alleged to be containing one desi katta and one live cartridge sealed with the seal of SN alongwith FSL form; another pullanda containing one desi katta and one empty cartridge and one more pullanda containing desi katta and live cartridge alongwith two scooters No. UP 82 B 4310 and DL 1S D-9313. He made entry in this regard vide entry no. 3932 in Register No. 19. According to the witness, on 29.1.2007, four pullandas containing desi katta and live cartridges along with FSL form were sent to FSL through Ct. Prabhu vide RC No. 18/21/07 on the directions of IO and Ct. Prabhu after depositing the same handed over the receipt to him (PW3). The witness has proved the copy of register no. 19 as Ex.PW3/A and copy of register no. 21 as ExPW3/B. In his cross examination by Ld. defence counsel, the witness has deposed that the case property remained intact during his custody.
PW4 HC Ved Prakash has deposed that on 4.12.2006, he was posted at PS Adarsh Nagar as HC and was present at the Azadpur Chowki with SI Sanjay Nagpal and at about 5.35 p.m., secret informer came to the Chowk and informed SI Sanjay Nagpal that some miscreants would be collecting at DDA Park, Transport Centre, Azadpur Mandi, with firearms and plans to commit some State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 11 of 35 serious offence after which, SI Sanjay Nagpal entered the information in the roznamcha and telephonically informed the SHO. Thereafter, he alongwith HC Satender and Constable Hari Chand were directed by SI Sanjay Nagpal to reach at the out gate of the Azadpur Subzi Mandi. According to the witness, SI Sanjay Nagpal thereafter called HC Sri Bhagwan, HC Rajpal and Constable Satyawan from his wireless set and thereafter, all of them collected at the out gate of Azadpur Subzi Mandi and SI Sanjay Nagpal shared his secret information with them and IO asked 4 to 5 passersby to join the investigation and the police party but all the persons left refusing to disclose their names and addresses and therefore without wasting further time, IO constituted a raiding party comprising of him (PW4), HC Sri Bhagwan, HC Rajpal, Constable Satender, Constable Hari Chand and Ct. Satyawan. According to this witness, IO directed him to go to the spot where the miscreants were sitting in the park under the tree and hear their conversation make an indication by flashing the torch towards the sky. According to the witness, HC Sri Bhagwan and Constable Satender were directed to take their positions towards the Chandroop Akhara and Ct. Hari Chand and Ct. Satyawan were deployed near Transport Centre whereas HC Rajpal and ASI Sanjay Nagpal took the position near the gate of the park. The witness has further deposed that he went to the spot and hid himself behind the trees under which the accused were sitting and heard their conversation. According to the witness, six boys were sitting under the tree and were talking to each other who were addressing each other by the name of Bablu, Avinash, State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 12 of 35 Chaudhary. The witness has further deposed that one boy was telling the others that one person would be coming on a scooty at A-294, Azadpur Subzi Mandi who would be carrying a large amount of cash and they have to loot him and in case of necessity, they should not hesitate to use firearm on which the other boys agreed with him. According to this witness, he had seen the said boy who was giving such commands and later after his arrested whose name was Karan. On hearing this conversation, at about 6:55 PM, this witness gave the indication by flashing the torch on which all the police party surrounded the accused persons on which SI Nagpal told the miscreants that they had been surrounded by the police party and they should surrender but on hearing this, one of the boys shouted "police aa gayi hai maro or bhago" after which all the boys started running in different directions and police party was successful in apprehending four boys but two boys who were running towards the main road escaped. The witness has further deposed that Ct. Hari Chand and Ct. Satyawan apprehended Om @ Karan who was running towards the Transport Centre. He (PW4) apprehended Ram Rattan @ Babloo who was running towards the Chand Roop Akhara, and HC Sri Bhagwan apprehended accused Avinash who was running towards Chand Roop Akhara while SI Nagpal apprehended accused Sunil who was running towards the gate. The witness has further deposed that SI Nagpal had apprehended the accused Sunil with one loaded desi katta containing one live cartridge whose sketch was prepared vide memo ExPW2/A seized the same.
State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 13 of 35According to the witness, from the right hand of accused Om @ Karan a katta was snatched by Ct. Hari Chand which katta on examination was found to contain a burnt round. The khaka of the katta and burnt cartridge was prepared by SI Sanjay Nagpal which is Ex.PW2/B and a pullanda of the said katta and burnt cartridge were prepared by SI Nagpal and sealed with the seal of SN.
The witness has further deposed that he himself had apprehended the accused Ram Rattan @ Rattan @ Babloo who was having a katta in his right hand containing a live cartridge. He handed over the same to SI Nagpal who prepared the khaka of the katta and the live cartridge vide memo Ex.PW2/C bearing his signatures at point A, the signatures of SI Sanjay Nagpal at point B and the signatures of accused Ram Rattan at point C and prepared pullanda by putting the katta and cartridge in a plastic jar which was sealed with the surgical tape and sealed with seal of SN. The witness has further deposed that Red chilli powder was also recovered from the possession of the accused Ram Rattan which was put in a plastic container and sealed with the surgical tape and sealed with the same seal.
According to this witness, HC Shri Bhagwan and Ct.Satender had apprehended accused Avinash alongwith the loaded katta which he was carrying in his right hand which they handed over to SI Sanjay Nagpal, who prepared the khaka of the katta and live cartridge same is Ex.PW2/D and thereafter a pullanda was prepared by putting the katta and cartridge in a plastic jar which was sealed with the surgical tape and sealed with seal of SN. According to the State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 14 of 35 witness, the seizure memos of the recovered kattas, cartridges and chilli powder were prepared by SI Nagpal which are Ex.PW2/H, Ex.PW2/F, Ex.PW2/G and Ex.PW2/E. According to this witness, SI Sanjay Nagpal prepared the tehrir and handed it over to Constable Satender who got the FIR registered and came back at the spot alongwith ASI Surender after which SI Sanjay Nagpal handed over all the pullandas containing the kattas and the chilli powder, the seizure memos and the accused persons to ASI Surender and thereafter, the IO ASI Surender prepared a site plan on the pointing out of SI Sanjay Nagpal and recorded his statement. The witness has further deposed that ASI Surender thereafter arrested all the accused and conducted their personal search and also interrogated them and recorded their disclosure statements. The arrest memos of all the accused are Ex.PW2/M to Ex. PW2/P. The witness has further deposed that accused Ram Rattan was arrested and his disclosure statement was recorded in his presence vide memos Ex.PW2/K and Ex.PW2/T. The personal search of all the accused were conducted vide memos exhibited as Ex.PW2/Q to Ex.PW2/T. The disclosure statements of all the accused were thereafter recorded which are Ex.PW2/I to Ex.PW2/L. The witness has correctly identified the accused Om Singh, Ram Rattan and Avinash in the court and also Sunil whose identity was not disputed. The witness has also correctly identified the case property i.e desi katta and used cartridge Ex.P1(collectively) and desi katta Ex. P2 having been recovered from the accused Sunil;
State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 15 of 35desi katta and one burnt cartridge Ex.P3(collectively) having been recovered from the accused Ram Rattan; desi katta and one burnt cartridge Ex.P4 (collectively); the red chilli powder Ex.P5 having been recovered from the accused Ram Rattan.
This witness was also cross examined by Addl. PP with permission of the court on the point of recovery of scooter, wherein the witness has deposed that six persons had come on two scooters number of which was 4310 and 9310 but he does not remember the remaining numbers of the said scooters. According to this witness, both the scooters were taken into possession by IO ASI Surender Singh vide seizure memo Ex.PW2/U bearing his signatures at point A. The witness has further deposed that the accused persons led the police party to Shop No. C-549, New Subzi Mandi, Azadpur and pointed out the spot, where they had snatched the bag from cyclist after giving him bullet fire, and memo to this effect was prepared vide Ex.PW2/V. The witness has correctly identified the scooter No.UP82-B-4310 which is Ex. P6.
This witness has cross examined by Ld. defence counsels, wherein the witness has deposed that SI Sanjay Nagpal conveyed the secret information to the members of raiding party at about 5.45 PM after which they left the police post at about 6 PM on two motorcycles and reached at the spot at 6.10 PM and the secret informer reached there at about 6.40 PM. According to the witness public persons were present in the park and the investigating officer asked them to join the investigation but none agreed and left the spot without disclosing their names and addresses but no legal action was State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 16 of 35 taken against them for non joining the investigations. The witness has deposed that he along with Ct.Satender and Ct. Hari Chand were in civil clothes whereas remaining members of raiding party were wearing police uniform. This witness heard the conversation of the accused from a distance of 2-3 yards. Witness is unable to tell the number of DD number vide which they left the police post. They remained at the spot till next morning i.e. 4.15 a.m. According to him Ct. Satender reached at the spot along with copy of FIR at about 10.45 PM. He has denied the suggestion that no public witness was asked to join the investigations. He has also denied the suggestion that the Ex.PW6/C i.e. the site plan is not showing the place of incident. He has admitted that the position of various police teams and the gates of the park have not been shown in the site plan. According to the witness accused Ram Rattan tried to escape in the eastern side. He has denied the suggestion that no recovery has been effected from the any of the accused or that they have been falsely implicated.
PW5 HC Sri Bhagwan has corroborated the entire testimony of PW4 HC Ved Prakash in toto. According to this witness SI Sanjay Nagpal had secret information that between 6.30 and 7.00 p.m., that some boys would be collecting at DDA Park carrying firearms for purposes of committing some crime. The witness has deposed that IO asked 5 to 7 passersby to join the investigation and the police party but all the persons left after refusing to disclose their names and addresses and thereafter without wasting further time, IO constituted a raiding party comprising of him (PW5), HC Ved State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 17 of 35 Prakash, HC Rajpal, Constable Satender, Constable Hari Chand and Ct. Satyawan and directed HC Ved Prakash to go to the spot where the miscreants were sitting in the park under the tree and hear their conversation and thereafter make an indication by flashing his torch in the sky. According to him the police parties had taken position at different placed at the spot and at about 6:55 PM, HC Ved Prakash who had gone to hear the conversation of the said boys, gave an indication by flashing the torch towards the sky on which all the police party surrounded the accused persons. The witness has further deposed that SI Nagpal told the miscreants that they had been surrounded by the police party and they should surrender and on hearing this, one of the boys shouted " maro or bhago police aa gayi hai" and thereafter all the boys started running in different directions after which the police party was successful in apprehending four boys, but two boys who were running towards the TPT Centre managed to escape. According to him Ct. Hari Chand and Ct. Satyawan apprehended Om @ Karan who was running towards the NDPL office and he had even fired at these police officials, which shot missed the police party but HC Ved apprehended Ram Rattan @ Babloo who was running towards the Chand Roop Akhara. He himself apprehended accused Avinash who was running towards Chand Roop Akhara whereas SI Nagpal apprehended accused Sunil who was running towards the TPT centre. According to the witness, one loaded desi katta containing one live cartridge was recovered from the possession of accused Sunil which were taken into possession by SI Sanjay Nagpal after preparing its Khaka State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 18 of 35 Ex.PW2/A. The witness has further deposed that from the right hand of accused Om Singh @ Karan @ Om a katta was snatched by Ct. Hari Chand which katta on examination was found to contain a burnt round and the same were taken into possession after preparing the khaka of the katta which is Ex.PW2/B. According to the witness, HC Ved Prakash had apprehended the accused Ram Rattan @ Rattan @ Babloo who was having a katta in his right hand which he snatched from him when he was apprehended. The katta was containing a live cartridge which he handed over the same to SI Nagpal who prepared the khaka of the katta and the live cartridge. The khaka is Ex.PW2/C. Red chilli powder was also recovered from the possession of the accused Ram Rattan which was put in a plastic container and sealed with the surgical tape and sealed with the same seal. Further, he and Ct. Satender had apprehended accused Avinash alongwith the loaded katta which he was carrying in his right hand which we handed over to SI Sanjay Nagpal, who prepared the khaka of the katta and live cartridge same is Ex.PW2/D. Further, the seizure memos of the recovered kattas, cartridges and chilli powder were prepared by SI Nagpal vide memos Ex.PW2/F, Ex.PW2/H, Ex.PW2/G and Ex. PW2/E. According to the witness the accused persons were thereafter arrested, personally searched and their disclosure statements were recorded. The witness has correctly identified the accused persons and the case property in the court In his cross examination by Ld. defence counsels, this witness has deposed that he reached the out gate of the park at about 6.00 p.m. and was on foot and alone. According to him the secret State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 19 of 35 informer remained with them till approximately 6.30 p.m. He was in uniform. According to him it was dark inside the park and there is no street light. He has admitted that the site plan does not specifically show his location. They remained at the spot upto 4.00 a.m. next morning and the writing work continued for the entire night till about 4.00 a.m. According to him first of all the seizure memos of the recovered firearms and chilli powder were prepared and then the tehrir was prepared and constable Satender left the spot at about 9.45 p.m and returned to the spot after the registration of the FIR at about 10.45 p.m. He has deposed that in the memos already exhibited, site plan and disclosure statements, the DD entry number under which they went for investigation is not mentioned as it was not required. He has also deposed that the accused were apprehended approximately 7-7.30 p.m. and they were formally arrested at about 11 p.m. He has denied the suggestion that the memos, site plan, disclosure statements were not prepared at the spot or that the entire writing work was done, while sitting either at the PP or at the PS. He has further denied the suggestion that no recovery was effected from the accused persons or that they have been falsely implicated in this case.
PW6 Inspector Sanjay Nagpal has deposed that on 04/12/2006, he was posted at police station Adarsh Nagar as In- charge Police Post New Subzi Mandi and on that day, he was present at Police Post and at 5.35 pm, he received an information from sources that 5-6 persons would be gathering at DDA Park, Transport Centre, New Subzi Mandi and he conveyed this information to SHO, State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 20 of 35 Adarsh Nagar and lodged the information vide DD No. 20, which is Ex. PW6/A and alongwith HC Ved Prakash, Constable Satender and Constable Hari Chand departed on private vehicle to the place of occurrence and reached near out gate, New Subzi Mandi. According to him HC Sri Bhagwan, HC Rajpal and Constable Satyawan were also called there through wireless set, who were already on patrolling duty in the area and thereafter, all the staff were briefed about the secret information. He asked about five to six passersbyes to join the investigation and the police party but all the persons left after refusing to disclose their names and addresses. According to this witness the secret informer was sent to find out and report the position who informed him about the said boys at about 6.40 p.m. Therefore without wasting further time, he constituted a raiding party comprising of himself, HC Ved Prakash, HC Rajpal, HC Sri Bhagwan, Constable Satender, Constable Hari Chand and Ct. Satyawan and directed HC Ved Prakash to go to the spot where the miscreants were sitting in the park under the tree and hear their conversation and thereafter make an indication by flashing his torch in the sky. He along with Head Constable Rajpal took position near small gate, DDA Park; head constable Sri Bhagwan and Constable Satender were directed to take positions towards the Chandroop Akhara and Ct. Hari Chand and Ct.Satyawan were deployed near Transport Centre. According to this witness, at about 6:55 PM, HC Ved Prakash who had gone to hear the conversation of the said boys, gave an indication by flashing the torch towards the sky on which all the police party surrounded the accused persons. He thereafter told State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 21 of 35 the miscreants that they had been surrounded by the police party and they should surrender on hearing this, one of the boys shouted "
maro or bhago police aa gayi hai" and thereafter all the boys started running in different directions on which the police party was successful in apprehending four boys, but two boys who were running towards the TPT Centre managed to escape. He apprehended accused Sunil who was running towards the TPT centre, with one loaded desi katta containing one live cartridge recovered from the possession which he was holding in his right hand. He prepared the seizure memos of all the country made pistol and their sketches and also filled up FSL form and took the same into possession vide seizure memos Ex.PW2/E to Ex.PW2/H. According to this witness, HC Ved Prakash also told him that the leader of this gang was Om Singh @ Karan who was telling his associates that a scooty No. 520 would be coming at A294, New Subzi Mandi and the person who would be coming on the scooty would be carrying large amount of cash and they shall be looting him. He also directed that in case, if anybody caused any obstruction, then they would not hesitate to use their firearms.
He thereafter prepared a tehrir Ex.PW6/B bearing his signatures at point A, which he handed over to Constable Satender and sent him to the PS for getting the FIR registered who came back to the spot along with ASI Surender after getting the FIR registered. He thereafter handed over all the five pullandas containing the kattas and the chilli powder, the seizure memos, khakas, FSL form duly filled up by him and all the four accused persons to ASI Surender.State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 22 of 35
Thereafter, the IO ASI Surender prepared a site plan, which is Ex.PW6/C on his pointing out and recorded his statement after which he left the site. The witness has correctly identified the accused persons as well as the case property in the court.
In his cross examination by defence counsels, this witness has deposed that first when the secret informer came to the Police Chowki, he was alone in his chamber and on hearing what he said he called HC Ved Prakash, Constable Satender and Constable Hari Chand. He conveyed the information to the other members of the raiding party at about 5.45 p.m. on wireless and immediately after lodging the DD entry, they left the police post at about 5.45 p.m. They went on two motorcycles, one was of Constable Hari Chand and other was of Constable Satender but he is unable to tell their registration numbers. According to him Head Constable Ved Prakash sat with Hari Chand on his motorcycle and he himself was with Constable Satender. They reached the out gate of subzimandi in about 5-10 minutes time at about 5:55 pm. According to this witness, the secret informer came to the spot alone and was not with the police party and met him about 6:25pm and left the spot at about 6.40 p.m. alongwith HC Ved Prakash and thereafter he was not with the police party. According to this witness, not many public persons were present in the park but he could not see them as it was dark as there are no lights inside the park but there are street light outside. According to this witness, they left the police post vide DD No. 20 and remained at the spot uptill 12-12.15 a.m. He first prepared the khakas / sketches and thereafter the seizure memos and thereafter State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 23 of 35 filled up FSL form and last prepared the tehrir which handed over the const. Satender at about 9:45pm and he must have returned at about 10:45 pm. Witness was unable to tell from where Ct. Satender had got the material i.e. Jars, tape and sealing material. The witness has denied the suggestion that no document or writing work was done at the spot as there was dark. He has admitted that Azadpur Subzi Mandi area is a thickly populated area but has denied the suggestion that no public person was asked to join the investigation. According to the witness, there are two gates in the park having many entries on account of the broken boundary walls. According to this witness, in site plan Ex. PW6/C only one gate has been mentioned the location of the all the members of the raiding party has not been shown. The witness has denied the suggestion that no recovery was effected from the accused persons or that the recoveries shown are planted upon the accused persons or that they have been falsely implicated.
PW7 Constable Jaswant Singh has deposed that on 4.12.2006, he was posted at police post New Subzimandi as DD writer from 8.00 a.m. to 8.00 p.m and on that day, at about 5.15 p.m., recorded DD No. 15 vide Ex. PW7/A, which bears his signatures at point A. According to the witness, on the same day, at about 5.35 p.m., he recorded DD No.20 exhibited as Ex.PW6/A, which is in his hand and bears his signatures at point A. The said DD was regarding receiving secret information in the police station, received by SI Sanjay Nagpal. The witness has not been cross examined by Ld. defence counsels despite opportunity.State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 24 of 35
PW8 SI Surendra Singh has deposed that on 04.12.2006 he was posted at police station Adarsh Nagar and on that day after the registration of FIR, further investigation of the present case was handed over to him. He alongwith Ct. Satender reached at the spot and took copy of the FIR and original rukka from Ct. Satender with five sealed parcels containing four kattas and cartridges and one parcel containing chilli powder duly sealed with the seal of SN, sketches, FSL forms and the four accused persons. He thereafter prepared the site plan vide Ex.PW6/C at the instance of SI Sanjay Nagpal bearing his signature at point A and statement of witnesses were recorded and he also arrested the accused persons in this case vide memos Ex.PW2/M to Ex.PW2/P and personally searched vide memos Ex.PW2/T, Ex.PW2/Q, Ex.PW2/S and Ex.PW2/R and bears his signature at point B. The accused were thereafter interrogated and their disclosure statement were recorded vide Ex.PW2/I, Ex.PW2/J, Ex.PW2/K and Ex.PW2/L bearing his signature at point B. According to the witness, accused Ram Rattan, Avinash and accused Om Singh took the police party at shop No.C- 549, New Subzi Mandi and pointed out the spot where had committed robbery of a bag from a cyclist and memo to this effect was prepared vide memo Ex.PW2/V bearing his signature at point B. The witness has further deposed that the accused persons had also lead police party near DDA Park and pointed out two scooters parked on one side of the road on which they had come and both the scooters bearing No. UP82-B-4310 and DL 1S D-9313 were taken into possession vide seizure memo Ex.PW2/U bearing his signature at State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 25 of 35 point B and bearing signature of Ct. Satender at point C. Thereafter, the case property was deposited in the Malkhana and the accused persons were sent for medical examination. He collected the MLC of all four accused persons which are Ex.PW8/A to Ex.PW8/D and obtained the sanction U/s 39 Arms Act vide Ex.PW8/E, Ex.PW8/F, Ex.PW8/G and Ex.PW8/ H. He collected the FSL result which is Ex.PW8/I and the same was placed on record. He recorded the statement of witnesses and prepared charge sheet after completing the necessary investigations. This witness has correctly identified the accused Avinash, Ram Rattan Singh and Om Singh in the court and Sunil whose identity was not disputed. He also correctly identified the scooter bearing no. UP-82B-4310 Ex.P-6.
In his cross examination by Ld. defence counsels, this witness has deposed that he reached the spot about 10:45 pm where he met SI Sanjay Nagpal, HC Ved, HC Sri Bhagwan, HC Rajpal, Ct. Hari Chand, Ct. Satyawan and Ct. Satender. He has denied the suggestion that Ct. Satender did not come to the police station for registration of the FIR along with the rukka. According to this witness, the site plan Ex.PW6/C does not bear the signature of SI Sanjay Nagpal as an attesting witness and that Ex.PW6/C nowhere find mentioned that the site plan was prepared at the instance of SI Sanjay Nagpal. He has denied that suggestion that the site plan does not show the place of occurrence or that no planning to commit dacoity was being done at the place shown in the site plan Ex.PW6/C. The witness has admitted that the site plan Ex.PW6/C does not show the point from where one of the member of the raiding State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 26 of 35 party heard the conversation of the accused persons and that the site plan Ex.PW6/C does not show the location of other members of the raiding party. The witness has denied the suggestion that the site plan Ex.PW6/C was not prepared at the instance of SI Nagpal. The witness has deposed that he cannot tell which accused was apprehended first or whose disclosure statement was recorded first. He also cannot tell the name of the witnesses who had put their signatures on disclosure statements Ex.PW2/I, PW2/J, PW2/K and PW2/L. According to the witness the disclosure statement of the accused persons were recorded at the Police Post. He does not remember the names of the persons who had put their signatures on the pointing out memo Ex.PW2/V. The witness has denied the suggestion that since no disclosure statement was made by the accused persons, it is for that reason that he is not able to tell the names of the attesting witnesses. Witness is unable to tell the names of the witnesses who had put their signatures on the Khakhas Ex.PW2/A, PW2/B, PW2/C & PW2/D. He is also unable to tell the descriptions of the country made pistols handed over to him by SI Sanjay Nagpal though they were in transparent plastic jars. He is unable to tell whether any burnt or live cartridge was handed over to him by SI Sanjay Nagpal. He has denied the suggestion that since no burnt or alive cartridge was handed over to him by SI Sanjay Nagpal, it is for that reason that he is not able to answer the above question. The witness has further denied the suggestions that the recoveries have been planted upon the accused persons Or that the entire work was done while sitting in the police station Or that he did not go to State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 27 of 35 the spot Or that accused persons are innocent and they have been falsely implicated. According to the witness the scooters UP-82B- 4310 and DL-1SD-9313 were got recovered outside the boundary wall of the park and since there is Subji Mandi therefore the public persons used to pass nearby. No site plan was prepared of the place from where the above said scooters were recovered. He did not investigate the aspect of ownership of these scooters and is unable to tell whether these scooters were taken on Superdari by their registered owners. HC Ved and Ct. Satender put their signatures on Ex.PW2/U. According to him in Ex.PW2/U it is not mentioned that the scooters Ex.P-6 were got recovered outside the boundary wall of the park. He does not remember the date when the exhibits of this case were sent to FSL. He did not place the copy of Road Certificate on the judicial file nor he is able to tell the name of the persons who had taken the exhibits to FSL. According to him he himself had obtained the report of FSL and had taken back the exhibits of this case and SI Sanjay Nagpal did not hand over any torch to him. He has deposed that he had made efforts to trace out the remaining two accused persons but since their names and addressed could not be ascertained, therefore, no NBWs and 82/83 Cr.P.C. were initiated against them. The witness has denied the suggestion that the prosecution story has been entirely false and fabricated and it is for that reason no NBWs or 82/83 Cr.P.C. proceedings were initiated against them that the investigations of this case was not conducted by him fairly.State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 28 of 35
Statement of Accused and Defence Evidence:-
After completing the prosecution evidence, statement of accused under Section 313 Cr.PC were recorded putting all the incriminating evidence against them which they have denied. The accused have stated that they are innocent and falsely implicated in this case.
FINDINGS:
I have gone through the evidence and other material on record. I have also gone through the written synopsis of arguments filed on behalf of the accused and duly considered the same. In order to discharge the onus, the prosecution has examined as many as eight witnesses, all of whom are the police officials.
The case of prosecution is that on 4.12.2006 at about 5.35 PM, a secret information was received by Inspector Sanjay Nagpal that five to six persons would be gathering at DDA Park Transport Centre, New Sabzi Mandi, which information was passed on to SHO Police Station Adarsh Nagar and thereafter Inspector Sanjay Nagpal along with HC Ved Prakash, Ct. Satender, Ct. Hari Chand left for the spot on private vehicles. When they reached near out gate new Sabzi Mandi, other staff i.e. HC Bhagwan, HC Rajpal and Ct. Satyawan who were already on patrolling duty in the area, were also called to the spot and they were briefed by Inspector Sanjay Nagpal. Thereafter, the investigating officer asked five to six public persons to join the raiding party who refused and left the place. The secret informer reported the position of the miscreants to Inspector Sanjay State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 29 of 35 Nagpal and thereafter without wasting time, HC Ved Prakash was directed to go near the miscreants who were sitting in the park and after hiding himself hear their conversation and give an indication by flashing the torch in the sky. The other members of the raiding party were also deployed around the place. At about 6.55 PM, HC Ved Prakash made the signal from the torch and on this all the raiding party surrounded the accused persons after which one of the accused started shouting "Maro or Bhago Police aa gayi hai" and thereafter started running in different directions and four accused persons were apprehended by the raiding party whereas two of them succeeded in running away. It is further alleged that Ct. Hari Chand and Ct. Satyawan apprehended accused Om @ Karan; HC Ved Parkash apprehended accused Ram Rattan @ Babloo; HC Sri Bhagwan apprehended accused Avinash and SI Sanjay Nagpal apprehended accused Sunil. It is further alleged that, while trying to flee, one of the accused had fired upon the police party which fire missed the police party and the said boy was later on identified as accused Om Singh who was apprehended by Ct. Hari Chand and Ct. Satyawan and a katta was recovered from his possession. Similarly, a desi katta was recovered from accused Ram Rattan who was apprehended by HC Ved Parkash. It is alleged that accused Avinash wa also having a deshi katta which was taken from his possession and accused Sunil was also having a loaded katta which he was holding in his right hand.
All the four accused have been duly identified by the members of the police party in the court. All the members of raiding State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 30 of 35 party i.e. HC Rajpal (PW2), HC Ved Prakash (PW4), HC Sri Bhagwan (PW5) and Inspector Sanjay Nagpal (PW6) have uniformly deposed regarding the secret information and having gone to the spot where police party was constituted and regarding apprehension and arrest of accused persons, during which one of the accused i.e. Om Singh had even fired upon the police party and also regarding the recovery of the weapons from the accused persons. They have also deposed that they surrounded the accused persons when the indication was made by HC Ved Prakash. According to HC Ved Prakash six boys were sitting under the tree and were talking to each other who were addressing each other by the name of Bablu, Avinash, Chaudhary, while one boy was telling the others that one person would be coming on a scooty at A-294, Azadpur Subzi Mandi who would be carrying a large amount of cash and they have to loot him and in case of necessity, they should not hesitate to use firearm on which the other boys agreed with him and the said boy who was giving such instructions was later on identified as OM Singh @ Karan.
Further, although it has been deposed by the witnesses that inspector Sanjay Nagpal had tried to join public witnesses but none agreed, there is nothing on record that any notice has been given to any public for non joining the raiding party. Further, the place where the accused persons had been apprehended and arrested, is a public road while the accused were on foot. According to the complainant (PW6), he had prepared the rukka and handed over the same to Ct. Satender for getting the FIR registered after which the State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 31 of 35 investigation was marked to ASI Surender Singh (PW7) who conducted the further investigations.
The place from where the accused persons were apprehended was a DDA Park which is adjoining to Roop Chand Akhara which are frequented places and in case if the incident would have happened, particularly when one of the accused had fired upon the police party, I am sure that some public person who would have been present at the spot would have heard the shot and would have come at the spot and would could have been joined as a witness by the investigating officer, which has not happened in the present case. Therefore, under these circumstances, the uncorroborated testimonies of these police witnesses are require to be read with due care and caution. In the absence of any independent testimony, it is difficult to believe the testimonies of the police officials. I am not oblivious of the fact that merely because public witnesses have not been joined, would not be a ground to throw away the case of the prosecution. Indeed, the police witnesses are competent witnesses but in a case where public witnesses are not joined, the evidence of the police witnesses have to be scrutinized with great care and caution and it must be seen if it has a ring to truth around it and inspires confidence. Once the public persons were available in the vicinity, they would certainly have heard the noise and gathered around the place and could have easily been joined in the investigation which surprisingly did not happen.
Therefore, in view of the above, the uncorroborated testimonies of these police officials have to be read with caution.State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 32 of 35
Further, the testimonies of all the police witnesses show that the police party had prior information regarding the presence of the accused at the spot. All the members of the police party must have been carrying their mobiles and there were sufficient opportunities for them to have arranged some sophisticated gazettes like recorders for recording any conversation of those boys at the spot, which again surprisingly did not happen in the present case. Simply to say that the police personnel had hidden himself and heard the conversation of the accused persons, would not be sufficient. HC Ved Prakash who had deposed that he had heard the conversation of the accused persons by hiding himself, would have recorded their conversation through his mobile phone, which he has not done.
Further, the testimonies of all the police witnesses are full of inconsistencies and contradictions with regard to the time of incident, presence of another person namely Nikku about whom PW2 HC Raj Pal has deposed, whereas other witnesses are silent; regarding the recovery of the two scooters; regarding the time till the proceedings at the spot were continued, regarding the firing at the police party which according to PW6 Inspector Sanjay Nagpal was done by accused Om Singh @ Karan on which aspect the other witnesses are silent. Therefore, the version given by all these witnesses do not find any corroboration from any independent source and does not appear to be plausible. How convenient it is for these police witnesses to depose in chorus without any regards for established norms of Criminal Law.State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 33 of 35
In this scenario, I hold that the prosecution has miserably failed to bring home any cogent, reliable or trustworthy evidence to prove that on 4.12.2006 at 6.55 PM at DDA Park Transport Centre, Azadpur, near Roop Chand Akhara, the accused namely Avinash @ Birbal, Sunil, Ram Rattan @ Rattan Singh and Om Singh @ Karan had assembled and were making preparation for committing dacoity and were apprehended from their. Non joining of public witnesses during the proceedings coupled with, tamed and twisted evidence by the police witnesses leave a grave doubt in the mind of this court about the allegations made against the accused persons. I, therefore, hold that the prosecution has miserably failed to prove their case that the accused persons namely Avinash @ Birbal, Sunil, Ram Rattan @ Rattan Singh and Om Singh @ Karan had assembled at DDA Park Transport Centre, Azadpur, near Room Chand Akhara and were making preparation for committing dacoity upon a person would be coming on a scooty at A-294, Azadpur Subzi Mandi who would be carrying a large amount of cash. I, further, hold that the prosecution has miserably failed to prove one of the accused had fired upon the police party with the intention to commit murder and that after their apprehension the weapons i.e. desi kattas have been recovered from the possession of the accused persons.
In view of my aforesaid discussions, I hereby acquit all the accused persons namely Avinash @ Birbal, Sunil, Ram Rattan @ Rattan Singh and Om Singh @ Karan of the charges under Section 399/402/186/307/34 Indian Penal Code and also under Section 25/27/54/59 Arms Act.State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 34 of 35
All the accused persons are on bail, their bail bonds are cancelled and sureties are discharged. Documents of sureties be returned to them after cancellation of endorsement, if any, as per rules.
File be consigned to Record Room.
Announced in the open court (Dr. KAMINI LAU)
Dated: 21.1.2011 ASJ (NW)-II: ROHINI
State Vs. Avinash Etc., FIR No. 770/06, PS Adarsh Nagar Page 35 of 35