Indian Kanoon - Search engine for Indian Law

30. It is a matter of record that on 14.02.2020, Ld. Addl. PP for the State moved an application under Section 294 Cr.P.C for calling upon the accused to admit or deny certain documents. Neither the Ld. counsel for accused persons disputed the genuineness of the said documents nor raised any objections to the application. Consequently, separate statements under Section 294 Cr.P.C were recorded for the accused persons. Additionally, a separate statement was recorded from Sh. Anirudh Yadav, Advocate on behalf of accused Naveen (who was produced through Video Conferencing on that day). In view of the admissions, the application was allowed, relevant witnesses were dropped and formal proof of such documents exhibited as Ex.Al to Ex.A6, Ex.PW1/A, Ex.PW18/A, Ex.PW16/A and Ex.PW16/B, were dispensed with.

31. It is a matter of record that joint statement of accused Sombir @ Sonu and Narender @ Leelu under Section 294 Cr.P.C was recorded wherein the above said accused persons admitted certain documents i.e copy of FIR no.412/10, PS Najafgarh, dated 13.09.2010 as already Ex.PWI/A, DD No.43A, dated 12.09.2010, PS Najafgarh as already Ex.PW18/A, DD No.27B, dated 23.07.2017, PS Najafgarh as Ex.Al, TIP proceedings dated 25.07.2017 conducted by Dr. Jagminder Singh, Ld. MM of accused Sombir as Ex.A2, TIP proceedings dated 20.08.2018, of accused Narender as recorded by Sh.Rohit Gulia, Ld. MM as Ex.A3, FSL report no.FSL2011/F-4641, dated 21.11.2011 as Ex.A4, FSL report no. FSL2011/B-2727, dated 31.10.2011 as Ex.A5 (colly), FSL report no.FSL2011/F-4641, dated 31.10.2011 as Ex.A6 (colly), copies of Malkhana register of PS Sadar, Rohtak which are already Ex.PW16/A and Ex.PW16/B. However, they did not admit the allegations, if any, contained in these documents. They further stated that they have no objection if these documents were read in evidence and the concerned witnesses were dropped.

32. It is also a matter of record that on the same day i.e 14.02.2020, a joint statement of accused persons namely Naresh @ Neshi, Vikas @ Suraj Bhan and Arvind @ Bindu under Section 294 Cr.P.C was also recorded wherein above said accused persons admitted certain documents i.e FSL report no.FSL2011/F-4641, dated 21.11.2011 as Ex.A4, FSL report no.FSL2011/B-2727, dated 31.10.2011 as Ex.A5 (colly), FSL report no.FSL2011/F-4641, dated 31.10.2011 as Ex.A6 (colly). However, they also did not admit the allegations, if any, contained in these documents. They further stated that they have no objection, if these documents were read in evidence and the concerned witnesses were dropped.

38. Further, on the same day i.e 23.03.2023, a separate statement of accused Narender @ Leelu (in the presence of Ld. Legal Aid counsel for the accused) was recorded under Section 294 Cr.P.C. In this statement, the accused submitted that, without admitting the case of the prosecution and without prejudice to the defence, which may be raised during the course of trial, he did not dispute the factum of arrest by ASI Mahesh in Kalandra under Section 41.1(c) Cr.P.C dated 17.08.2018 marked as A-1, though he did not admit the manner and place of arrest. However, he did not admit the allegations, if any, contained in these documents, and had no objection if the documents were read in evidence and the concerned witnesses were dropped. In view of the statement of the accused Narender, ASI Mahesh, who was mentioned as PW1 in the supplementary charge sheet of Narender @ Leelu, was dropped from the list of witnesses. Thereafter, upon the submission by the Ld. Sub. Addl. PP for State, PE was closed, and matter was again posted for recording the statement of the accused persons under Section 313 Cr.P.C.