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1. On 02.07.05 a case u/s 399/402 IPC r/w sec. 25 of Arms Act was registered at PS Seema Puri vide FIR no. 375/05 on the basis of rukka sent by ASI Sahid Khan against Raju s/o Murli r/o village Naoor PS Gandha, District Gorakhpur, UP.

2. Brief facts arising out of this case are that on 02.07.05 ASI Sahid Khan alongwith HC Vijay Om, Ct. Ram Charan and Ct. Rohtash were on patrolling duty in the area of R-Pocket, Dilshad Garden, Delhi. On that day at about 2:20 p.m a secret information was received by SI Sahid Khan that four/five young boys were sitting at Bara Park, Q-Pocket, Dilshad garden and making plan to commit dacoity. They all were also having illegal arms in their possession and FIR NO:375/05; PS SEEMA PURI; U/S 399/402 IPC R/W SEC. 25 ARMS ACT ; STATE VS. RAJU & OTHERS can be apprehended if raided. On receipt of this information raiding party was organized, four/five public persons were asked to join the raiding party but none agreed. HC Naresh was directed to hear the conversation of accused persons and to raise a signal by putting his hand on his head. After hearing the conversation a raiding party was divided into two teams. At about 2:50 p.m nakabandi was done. On raising signal by HC Naresh Kumar all the members of raiding party attempted to apprehend all the accused persons. On seeing the police officials accused started running away in different directions. Accused Raju S/o Murli was apprehended by ASI Sahid Khan, accused Babloo s/o Twarik was apprehended by Ct. Rohtash, accused Rajender s/o Kishan was apprehended by Ct. Vijay Om, Accused Umesh was apprehended by ct. Ram Charan and accused Ravinder Singh was apprehended by HC Naresh Kumar. They all were interrogated. Their personal search were conducted. During the personal search of accused persons a loaded country made katta 12 bore was recovered from the dub of accused Raju, buttondar knives were recovered from the possession of accused Babloo, Ravinder and Rajender from right pocket of their pants. No arms were recovered from accused Umesh. All the illegal arms were taken in FIR NO:375/05; PS SEEMA PURI; U/S 399/402 IPC R/W SEC. 25 ARMS ACT ; STATE VS. RAJU & OTHERS possession. Their sketches were prepared. HC Naresh informed that accused Raju s/o Murli was making plan to commit dacoity in the office of SRS Properties Builders Pocket Q, Dilshad Garden, Delhi. Site plan was prepared, disclosure statement of all the accused were recorded, statement of witnesses were also recorded. All the CFSL forms were filled up and country made katta and live cartridges were sent to the office of CFSL. Result of CFSL and sanction u/s 39 of Arms Act was obtained and after completion of all the necessary investigation challan u/s 173 Cr.P.C was presented in the court of Ld. MM.

3. Ld. MM after taking cognizance for the offence supplied the copies of the challan to all the accused as provided u/s 207 Cr.P.C and committed the case to the court of Sessions and on turn allocated to this court for trial. Thereafter case was fixed for arguments on charge.

4. After hearing arguments and on perusal of the material placed on record charge for the offence u/s 399/402 IPC r/w sec. 25 Arms Act was framed against all the accused persons to which they pleaded not guilty and claimed FIR NO:375/05; PS SEEMA PURI; U/S 399/402 IPC R/W SEC. 25 ARMS ACT ; STATE VS. RAJU & OTHERS trial, thereafter case was fixed for prosecution evidence.

He further deposed that at about 2:50 p.m HC Naresh gave a signal by touching his head with his hand and members of raiding party rushed towards bushes. On seeing police officials all the accused persons started running towards different directions. ASI Sahid Khan apprehended accused Raju, he apprehended accused Babloo, HC Naresh apprehended accused Ravinder, HC Vijay Om apprehended accused Rajender, Ct. Ram Charan apprehended accused Umesh. He correctly identified all the accused present in the court who were apprehended by the members of raiding party. ASI Sahid Khan took the search of accused Raju and from his right dub a countrymade pistol of 12 bore was recovered. Cartridge was taken out, sketch of country made pistol and cartridge was prepared and sealed in a parcel with the seal of SK by ASI FIR NO:375/05; PS SEEMA PURI; U/S 399/402 IPC R/W SEC. 25 ARMS ACT ; STATE VS. RAJU & OTHERS Sahid Khan. FSL form was filled up. Seal after use was handed over to Ct. Naresh Kumar. On search of accused Babloo, Ravinder and Rajender a buttondar knife was recovered from their possession. Sketch of knives were prepared and same were sealed with the seal of SK. He further deposed that nothing was recovered from accused Umesh and seal after use was handed over to HC Naresh. He further deposed that IO prepared the rukka and he took the same to the PS for registration of the case and thereafter case was assigned to ASI Rakesh Kumar for further investigation. He further deposed that he alongwith ASI Rakesh Kumar again reached at the spot and on reaching there ASI Sahid Khan handed over the sketch memos, seizure memos, sealed parcels and custody of all the accused persons to ASI Rakesh Kumar. ASI Rakesh Kumar inspected the spot on the pointing out of ASI Sahid Khan and prepared the site plan, arrested all the accused, prepared arrest memos and their personal search memos. He also identified the case property when shown to him. He identified the knife which was recovered from the possession of accused Babloo Ex.P1. FIR NO:375/05; PS SEEMA PURI; U/S 399/402 IPC R/W SEC. 25 ARMS ACT ; STATE VS. RAJU & OTHERS HC Rohtash appeared as PW1. He has been examined in chief on 22.5.06, his cross examination was deferred but thereafter he never turned up, therefore, he could not be cross examined.

14. Accordingly, benefit of doubt be given to both the accused namely Babloo and Umesh. Both accused namely Babloo and Umesh are acquitted for the offence as alleged against them u/s 399/402 IPC r/w section 25 of Arms Act.

FIR NO:375/05; PS SEEMA PURI; U/S 399/402 IPC R/W SEC. 25 ARMS ACT ; STATE VS. RAJU & OTHERS

15. The bail bond/ surety bond furnished by both the accused shall remain in force till the expiry of six months and both accused are further directed to appear before the appellant court, if they are required to appear before the appellant court in view of the provision of Section 437A Cr.P.C. File be consigned to Record Room with the direction to revive the same as and when accused namely Raju, Rajender and Ravinder be rearrested.