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Case of prosecution is that ASI Puran Prasad on receipt of call of quarrel received at 03:20 p.m. reached house No. 2788, Old Bus Stand Tri Nagar, Delhi and found some of the police staff already present there. The ASI also found both the accused on the one hand and PW Shashi Kumar and PW Ashwani Kumar on the other hand quarreling and grappling with each other. The ASI found a pistol lying by the side of wall of a shop. He picked up the pistol and tried to make both the parties understand that they should not quarrel. After some time SHO, ACP and Incharge of Police Post Shanti Nagar reached the spot. Both the accused entered their house but after sometime came out of the house accompanied by their maid servant Shalu. ASI heard persons present there from the public saying that both the accused and their maid had self inflicted injuries on their person with a view to strengthen their case.

PW13 Sh. Keshav Chander Dwivedi, the then DCP (Licencing) has deposed about passing of order for cancellation of Arms Licence issued in the name of Brij Mohan Sharma.

When examined u/s 313 Cr.PC, the accused persons pleaded in the manner as under:

Plea put forth by Brij Mohan accused:

"Shop of my brother Dharam Dev is situated in the same building where my house is situated. I was running a shop during those days.

... SHO, ACP and Incharge Police Post Shanti Nagar reached my house at about 5.00 p.m. on 11/06/99 after I made a phone call intimating police post Shanti Nagar that Ram Chander, Shashi, Ashwani, Rishi Raj, Sanjay, HC Jagbir, a Sub Inspector whose name I do not know, had entered my house on the same day at about 3.00 p.m./3.15 p.m, given beatings to my maid servant Shalu, my brother Naveen and myself and also taken away my pistol. I may mention here that even prior to arrival of ACP, SHO, Incharge of police post, PCR reached my house and took away maid servant Shalu and Naveen for medical examination. Many persons from the public had gathered there in front of my house at that time. When I came out of the house, I found that SHO, ACP and In-charge had also reached there.

Present case was registered on the statement Ex.PW1/A of Shashi Kumar recorded on 11/06/99. In Ex. PW1/A, Shashi Kumar nowhere stated that Brij Mohan, his brother Naveen and their maid were seen entering their house and coming out of the house after sometime with injuries/blood stains on their person. Even while appearing in court as PW1, Shashi Kumar did not state so.

PW2 Naresh Chand Sharma, the alleged eye- witness also did not state that Brij Mohan and Naveen suffered any injury during the occurrence. He simply stated in his chief examination that during scuffle accused had entered their house and when they came out, he saw injury only on the person of their maid servant. There is nothing in his statement to suggest that maid servant had come out of the house during the occurrence or that she suffered any injury at the hands of any member of the complainant party. PW2 has also not stated that Brij Mohan and Naveen suffered any injury at the hands of the two brothers, namely, Shashi and Ashwani.

ASI Puran Prasad did not record statement of any persons from the public in this regard, as admitted by him in his cross examination. In absence of statement of anyone from the public, it is difficult to believe this version put forth by PW6 that Brij Mohan, his brother or their maid servant suffered any injury during the scuffle/occurrence or that Brij Mohan and Naveen accused entered the house or came out of the house accompanied by their maid servant with blood stains on their person.