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1. The present chargesheet has been filed against the accused persons namely (I) Mukesh @ Aman & (II) Mukesh @ Matka for the offence U/s 186/353/332/34 IPC , 27/54/59 Arms Act & 3/181 & 5/180 M.V Act.

2. It is the allegations against the accused persons that on 24.08.2010 at about 3:30 pm at Guru Ravi Das Marg, Shamshan Ghat, Delhi within the jurisdiction of PS Prasad Nagar, Delhi, on the eve of Raksha Bandhan , HC Manoj Kumar, Ct. Lokender Kumar and Ct. Karan Singh were performing duty at the anti snatching picket Barricade and were checking the vehicles coming and going from there. The accused persons namely Mukesh @ Matka and Mukesh @ Aman were coming on a motorcycle bearing no. DL6S AC 3102 , make Pulsar, Black color from the wrong side of the road. Accused Mukesh @ Matka was riding the said motorcycle and accused Mukesh @ Aman was sitting as a pillion rider. When they were signaled to stop by HC Manoj Kumar, the rider of the motor cycle (Mukesh @ Matka ) increased the speed of the vehicle and tried to ran over the said motorcycle at the person of HC Manoj Kumar, who saved himself and Ct. Lokender and Ct. Karan Singh who were present at the spot managed to stop the vehicle with great difficulty. On this the rider of the motorcycle Mukesh @ Matka took out a dagger from his PS Prasad Nagar State Vs. Mukesh @ Aman right dub and threatened Ct. Lokender by saying "Uska picha karne walo ka anjam accha nahi hoga" and the other accused Mukesh @ Aman threw stones at Ct. Karan Singh, however both the Ct. Lokender and Ct. Karan Singh saved themselves from any injury. Both the accused persons started quarrelling with the said police officials and accused Mukesh @ Aman caught hold the collar of the uniform of HC Manoj Kumar and told "tumhare jaise police walo se mai roz nipatta hun" and the said accused persons were apprehended after great efforts and a dagger was recovered from the possession of accused Mukesh @ Matka. In the meanwhile IO SI Puran Chand reached the spot and the present FIR was lodged against the accused persons for the aforesaid acts. It is also alleged that accused Mukesh @ Matka was also riding the motorcycle mentioned above at that time without any valid licence and hence in this manner both the accused persons in furtherance of their common intention committed the offence U/s 186/34, 353/34, 332/34, Section 27 Arms Act and section 3/181 M.V Act for obstructing public servants namely HC Manoj Kumar, Ct. Lokender and Ct. Karan Singh in discharge of their public functions and duties as public servants, for assaulting and using criminal force against said public servants in execution of their duties as public servants in order to prevent or deter them from discharging their duties as public servants, for causing simple hurt to the said public servants while they were performing their duties as public servants, by using a dagger while extending threat to Ct. Lokender and for driving the motorcycle bearing regn. DL6S AC3102 without valid driving licence.

6. PW-1 is HC Manoj Kumar, who deposed that on 24.08.2010, he was posted at PS Prasad Nagar as a HC. On the day of incident, due to Raksha Bandhan festival, he was on duty alongwith Ct. Lokender and Ct. Karan Singh at Ravidas Marg. They had put barricading's at Ravi Das Marg near Shamshan Ghat for anti snatching picket and they were checking the vehicles which were passing from the said road. At about 3:30 pm, they saw one motorcycle bearing no. DL 6S AC 3102 make pulsar black color coming from the wrong side and same was driven by person namely Mukesh @ Matka and one pillion rider was also sitting on the said motorcycle whose name was disclosed as Mukesh @ Aman. Both the accused persons were correctly identified by the witness. PW-1 stated that the name of both the accused was later on revealed during investigation. He tried to stop the said motorcycle but the driver of the motorcycle raised the speed of the motorcycle. He came in front of the speedy motorcycle and finally saved him from the impact of the motorcycle. Ct. Karan Singh and Lokender stopped the motorcycle. Accused Mukesh @ Matka who was driving the said motorcycle took the dagger from his right side dub which was hidden by him under his clothes. Accused Mukesh @ Matka took out dagger from its cover PS Prasad Nagar State Vs. Mukesh @ Aman and waiving it in the air and said that they should not chase him and should not try to apprehend him. Ct. Karan Singh tried to apprehend accused Mukesh @ Aman and he pelted a stone towards Ct. Karan Singh but he escaped from the injury. PW-1 apprehended accused Mukesh @ Aman after great effort as he resisted his apprehension very badly. Ct. Karan and Lokender had apprehended Mukesh @ Matka after a great effort as he resisted his apprehension very badly. Ct. Karan Singh had took the dagger from the hand of accused Mukesh @ Matka. Accused Aman had caught hold of collar of PW-1 of police uniform and told him that he had dealt several police officials daily. In the meantime, ASI Puran Chand came at the spot while patrolling. Both the accused persons were apprehended after stiff resistance. IO recorded his statement which is Ex.PW-1/A bearing his signatures at point A. IO prepared the rukka and handed over to Ct. Lokender for registration of the FIR from PS. Accordingly, Ct. Lokender got the FIR registered and returned back to the spot alongwith the FIR and original rukka and same was handed over to the IO. IO prepared the site plan at his instance which is Ex.PW-1/B. IO prepared the sketch of the dagger which is Ex.PW-1/C. IO seized the dagger vide seizure memo Ex.PW-1/D. IO seized the piece of the stone vide seizure memo Ex.PW-1/E. IO seized the motorcycle vide seizure memo Ex.PW-1/F. IO arrested both the accused persons vide memos Ex.PW-1/G and Ex.PW-1/H. Both the accused persons were personally searched vide memos Ex.PW-1/I and Ex.PW-1/J. Both the accused persons were medically examined. Case property deposited in malkhana. PW-1 correctly identified the case property i.e. one stone ,one dagger and motorcycle bearing no. DL 6S AC 3102 as Ex.P-1 and Ex.P-2 and Ex.P-3.

20. In his cross examination DW-1 stated that his shop is in the name and style of Balaji garments. He had kept accused Mukesh @ Matka as an employee in his shop. He had not produced any document to show that PS Prasad Nagar State Vs. Mukesh @ Aman accused Mukesh @ Matka was working at his shop. Accused Mukesh @ Aman is his real brother. The distance between his shop and house is about 15-20 steps. The person who had come to his shop looking for his brother and employee were in civil dress. He had not asked the said persons for their police ID Cards. He had not asked any other people present on nearby shop and neither asked help from other public persons and neighbours when the said 4-5 people were taking away his brother. He had also not informed at his house about the said 4-5 people coming and taking away his brother and employee. On 24.08.2010 at about 03:30 pm, he was present at his shop. Distance between Guru Ravidas Marg Shamshan Ghat and his shop is about half a km. He is not confirmed about the distance. He had not made any complaint to the higher police authorities or to the court in regard to his brother's unlawful apprehension by police officials. He had not informed any relative of accused Mukesh @ Matka about him being taken away by some 4- 5 persons. He had not made any complaint in regard to accused Mukesh @ Matka and Mukesh @ Aman being falsely implicated in the present case to any higher authorities/court. Had had no knowledge in regard to any complaint that could be made in this incident as he is illiterate. He denied the suggestion that he had made a false and concocted story that his brother and employee were taken away by some persons in civil dress and falsely implicated in the present case. He denied the suggestion that on 24.08.2010 at about 03:30 pm his brother Mukesh @ Aman and Mukesh @ Matka had obstructed police officials in performing of their officials duties. He further denied the suggestion that on the said date, time and place his brother Mukesh @ Aman and his employee Mukesh @ Matka had assaulted police officials and deterred them to perform their official duties. He further denied the suggestion that his brother and employee had caused hurt to police PS Prasad Nagar State Vs. Mukesh @ Aman officials in discharge of their official duties or that they had a dagger and used the same to threaten the police official. He denied that accused Mukesh @ Matka also had one motorcycle bearing no. DL6S AC 3102 . He denied the suggestion that he did not make any complaint in regard to apprehension and registration of the case on Mukesh @ Matka and Mukesh @ Aman as he was aware that they had assaulted police officials and deterred and obstructed them from performing their official duties. No other material fact was deposed to by DW-1.

24. The prosecution in order to prove its case against the accused persons has relied upon 7 witnesses and the documents which have already been described in the preceding paragraphs. PW-1 HC Manoj Kumar stated in his examination that on 24.08.2010, on the day of incident, due to Raksha Bandhan festival, he was on duty alongwith Ct. Lokender and Ct. Karan Singh at Ravi Das Marg. They had put barricading at Ravidas Marg near Shamshan Ghar for anti snatching picket and were checking the vehicles which were passing from the said road. At about 3:30 pm, they saw one motorcycle bearing no. DL 6S AC 3102 make pulsar black color coming from the wrong side and same was driven by person namely Mukesh @ Matka and one pillion rider was also sitting on the said motorcycle whose name was disclosed as Mukesh @ Aman. Both the accused persons were correctly identified by PW-1 in the Court. PW-1 further stated that he tried to stop the said motorcycle but PS Prasad Nagar State Vs. Mukesh @ Aman the driver of the motorcycle raised the speed of the said motorcycle. He came in front of the speedy motorcycle and finally save him from the impact of the motorcycle. Ct. Karan Singh and Lokender stopped the motorcycle. Accused Mukesh @ Matka who was driving the said motorcycle took the dagger from his right side dub which was hidden by him under his clothes. Accused Mukesh @ Matka took out dagger from its cover and waived it in the air and said that they should not chase him and they should not try to apprehend him. Ct. Karan Singh tried to apprehend Mukesh@ Aman and he pelted a stone towards Ct. Karan Singh but he escaped from the injury. PW-1 apprehended accused Mukesh @ Aman after great effort as he resisted his apprehension very badly. Ct. karan and Lokender apprehended Mukesh @ Matka. Ct. Karan Singh took the dagger from the hand of accused Mukesh @ Matka. Accused Aman had caught hold of his collar of police uniform and told him that he had dealt several police officials daily. In the meantime ASI Puran Chand came at the spot while patrolling and both the accused persons were apprehended after stiff resistance. PW-1 correctly identified case property as Ex.P-1 ( One Stone) , P-2 (One dagger) and P-3 ( motorcycle bearing no. DL6S AC 3102).