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7. In his statement Ex.PW3/A, PW-3 Wasim @ Babloo stated as under:

"Statement of Babloo @ Wasim s/o Sh. Mehbub R/o H. No. M-282, Sunder Nagri, Delhi age 32 years.
Stated that I alongwith my family is residing at the aforesaid address. I am doing the work of tailoring. Today, in the morning of 30.04.2007, I had a quarrel with Julfikar who is having a rickshaw garage in front of bus stand no. 331, Toll Tax, Sunder Nagri on the issue of money. I was arrested under section 107/151 Cr.P.C. I was going to my house on foot after alighting from an auto at bus stand no. 331, Toll Tax, Sunder Nagri after getting myself released on bail from the Court of SEM/North-East. When I reached in front of DDA Market Park, at about 06.00 p.m., Julfikar alongwith few rickshaw pullers was standing in the corner of DDA Market. After seeing me, he stated that have I released on bail. He stated that he will teach me. Then, I stated that what he will teach me. Julfikar was having an iron rod in his hand. He hit iron rod several times at my left leg and temple. I starting running from there to save my life. He caught me. He brought me down. I was beaten with fists and legs. He threatened to kill me and my family. I have threat of life from Julfikar. My wife Smt. Salma got me admitted in the hospital. Legal action be taken against Julfikar. Julfikar attacked me with the intention to kill me."

20. On completion of the prosecution evidence, the material circumstances appearing in evidence against the accused persons were put under section 313 Cr.P.C.

21. According to the accused Julfikar, on 30.04.2007 at about 6.00 p.m., complainant came to his rickshaw garage, after his release in case under section 107/151 Cr.P.C. and threatened him and given a blow with a broken rickshaw frame, on his left hand and his brother Kasim caught hold of him. In the meantime, his rickshaw puller came there and saved him. He stated that due to blow by complainant, he sustained grievous injuries on his left hand and doctors of GTB Hospital operated his left hand and fixed a steel rod and prepared his MLC. He stated that police station Nand Nagri registered a case against him and his brother Kasim vide FIR No. 365/07 under section 341/325/506/34 IPC which is pending before this Court. He pleaded innocence and claimed false implication.

28. DW-3 Mohd. Arif also stated to the same effect.

29. DW-4 Julfikar stated that Wasim came to his garage and quarrelled with him and his rickshaw puller namely Rambir and a kalandara under section 107/151 Cr.P.C. vide DD No. 14- B dated 30.04.2007 was prepared by police station Nand Nagri. He placed on record copy of challan of cross-case vide FIR No. 365/07, MLC No. A-1909/07 dated 30.04.2007 and medical papers and a copy of kalandara which are Mark A to Mark C.

30. I have heard Ms. Anupama, Special Addl. PP for the State and Sh. Anupam Sharma, Advocate for the accused Julfikar and Sh. Narveer Dabas, Advocate for the accused Tahir, Shamshad and Wasim and considered the evidence, oral and documentary, on record.

37. PW-3 Wasim @ Babloo in his statement Ex.PW3/A stated that in the morning of 30.04.2007, he was arrested under section 107/151 Cr.P.C. as he had a quarrel with the accused Julfikar on the issue of money. However, in his depositions, he stated that on 29.04.2007 at about 7.00 p.m.-7.15 p.m., some rickshaw pullers were bathing at the government water tank and therefore, he had gone to the garage of the accused Julfikar where division officer and some other police officials were present and the accused Julfikar started abusing and quarrelling with him. He stated that on 30.04.2007 at about 7.30 a.m., he was called by PCR and was taken to local police station where he was booked under section 107/151 Cr.P.C.