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1. The accused persons have been sent to face trial for an offence of murdering the deceased Asif Khan S/o Jalaluddin, aged 21 years, punishable U/s 302/506/34 IPC r/w Section 25 and 27 Arms Act.

Briefly stated the facts that had given rise to filing of the present charge sheet are succinctly given as under :-

On 06.11.2017, after receipt of DD no. 55-A, SI Rajiv Kumar along with Ct. Supreet reached the spot at H.No.354 J.J. Colony, Phase-III, Madanpur Khadar, where they came to know that injured had already been taken to hospital by his family members. In the mean time, other police staff from PS had also reached there and after leaving the said staff for local enquiries, SI Rajeev along with Ct. Supreet reached AIIMS Trauma Center where one Asif Khan S/o Jalaluddin aged 21 years was found admitted vide MLC no. 500060048/17. As per the contents of the MLC, the alleged history was given by the father of accused of assault by known assailants with knife, after which patient was brought to JPNATC AIIMS by his father in a state of cardiac arrest with pupils fixed and dilated and negative dolis eye odeflex, patient was declared brought dead on arrival. No eye witness was found at the hospital. Thereafter, SI Rajeev along with Ct. Supreet reached back at the spot where he met the eye witness one Jabaaz S/o Yusuf Khan R/o 1001, Raj Nagar, JJ Colony, Part-III, New Delhi, aged 17. The IO recorded his statement wherein he had stated that he was residing at the given address with his family and use to work as decorator in the birthday parties. On the date of incident i.e. 06.11.2017, at about 08:30 PM, he along with his friend had gone to eat eggs at a rehdi near mother dairy JJ Colony, Part-III at the corner of street of Sai Mandir. When they were eating eggs, then another friend of his namely Asif also reached there and started talking to them. In the meantime, Shanti S/o Shiv Kumar along with his friend Changa S/o Nandlal came from the Sai Mandir Street at a very fast speed, Sunny was holding a lengthy knife in his hand and soon after his arrival, he had hit Asif with the knife on his head. Immediately after sustaining the knife injury, Asif ran towards a narrow street to save himself but he was followed by both Sunny and Changa. Complainant along with his friend also chased them to save Asif from the clutches of accused persons. However, after reaching in the street they saw that Asif was held from his collar by Changa and was given beatings with kicks and fits and Sunny had given a stab injury in his stomach on left side. When complainant and his friend rushed towards them, then accused Sunny started waiving the knife in the air and threatened to kill anybody who would come in front of him and thereafter, both of them had fled away from the spot. Though, Asif had tried to walk but he had fallen down. Thereafter, complainant and his friend had taken Asif to his house from where, his father had taken him to the hospital. Both the accused persons were stated to be residents of same colony and later on, he came to know that Asif had expired. Hence, appropriate legal action was warranted in this case.
During his cross examination conducted by Ld. Defence Counsel for both the accused persons, he could not recollect the DD number of his departure from PS and denied the suggestion that he was an interested witness being a police official. He had no knowledge about DD number of his arrival entry at PS after deposition of the case property.
PW -4 Sh. Babu Khan, S/o Mohd. Jalaluddin, aged about 29 years, R/o House No. 354, J. J. Colony, Phase-III, Madanpur Khadar, who was a witness to the identification of dead body of his deceased brother Asif and his statement to this effect was also recorded by the IO. He was stated to be present at his rehdi at Nehru Place on 06.11.2017 at about 09:00 PM, when he had received a phone call from one Sibu who was the friend of his late brother and who had informed him that accused Sunny and Changa @ Krishan Gopal had stabbed the deceased. After which, he was stated to have visited AIIMS Trauma Center where his brother was declared brought dead. However, this portion of his testimony is inadmissible in evidence being based on hear- say.

PW-8 is Sh. Amit Kumar, Teacher from Govt. Boys Senior Secondary School, J.J. Colony, Madanpur Khadar, who was stated to have been authorized by his principal to produce original records of Sunny S/o Shiv Kumar Ram and Kalawati Devi, R/0-395. Phase III, J.J. Colony, Madanpur Khadar, and as per school records brought by him, Sunny had taken admission in the school on 01.04.2009 in class 6th vide admission no. 1996 and his name was struck off due to continuous absence on 22.08.2012 when he was in class 9". The copy of admission and withdrawal register has been placed on record as Ex.PW-8/A (OSR). The copy of admission Form has been placed on record as Ex.PW- 8/B (OSR), and transfer certificate issued to Sunny of 5 th class school and deposited in his school has been placed on record as Ex.PW-8/C (OSR).

PW-15 Ct. Mukhtar Ahmad, No. 1699/SE, PS, Okhla, was stated to be posted as constable at PS Jaitpur on 07.11.2017 and he had joined investigation in the present case along with IO, SI Rajiv, HC Rajinder and Ct. Purshottam and had left the PS at 2pm in search of both accused persons. They alongwith secret informer had reached Paharganj side of New Delhi Railway Station where mobile location of accused Chhanga was detected. Search for accused persons was made and in the meantime, on the pointing out of secret informer, both the accused persons who were present near the parking area of Paharganj side New Delhi Railway Station were cordoned and apprehended. After inquiries, IO had arrested both of them and their personal searches were also conducted vide memos Ex. PW15/A to Ex.PW15/D and during cursory search, one broken piece of knife was recovered from right side pocket of wearing pant of accused Sunny and Sunny had disclosed it to be a part of said knife, which was used by him in commission of offence. Thereafter, both the accused persons were brought to the police station with case property, where their wearing clothes were changed and were separately sealed in pullandas vide memo Ex.PW15/E and F, and during personal search of accused Chhanga, two mobile phones, one of make Samsung and other of Micromax were recovered, besides two blankets in his hand. The sketch of the broken piece of the knife Ex. PW15/G, was also prepared by the IO and same was seized vide memo Ex.PW15/H, thereafter, accused were got medically examined from the hospital. Their disclosure statements Ex. PW15/I and PW15/J were also recorded by the IO who had also prepared pointing out memo of the place of occurrence Ex. PW15/K, all the memos were stated to be bearing his signatures at point A. On 9.11.2017, he had again joined investigation of this case again along with IO/Insp. Sanjay Sinha, SI Rajiv Kumar, Ct. Purshottam and Sh. Jalaluddin, father of deceased and both the accused persons had led the police team to Peepal Tree at a distance of about 100 meters towards Yamuna River from Police Chowki, Pusta Road, JJ Colony, Madanpur Khadar and got recovered one button actuated knife from the ground beneath the said peepal tree which was stated to have been the weapon of offence. IO had measured the said knife and prepared its sketch already Ex. PW1/C and seized the same vide memo Ex. PW1/D, both bearing his signature at point B. Even the site plan of the place of recovery was also prepared by the IO Ex. PWI/E. Seal after its use was handed over to SI Rajiv by the IO. Thereafter, all of them had returned to PS. Both the accused were stated to have been identified by this witness if shown to him but their identity was not disputed by Ld. Defence Counsel. He had also identified the knife as Ex.P1 one piece of metal part of knife is already Ex. P2, lower and t-shirt of Krishan Gopal Ex. P3 (colly) and full sleeves shirt and jeans pant of Sunny as Ex. P4.