Document Fragment View

Matching Fragments

17. PW-10/HC-Mahavir Singh has proved the copy of FIR and endorsement on rukka as Ex.PW-10/A & B respectively. PW-11/HC-Kali Charan has proved the copy of FIR no.2006/06 u/s 392/397/34 IPC, PS:Sultan Puri as Ex.PW-11/A.

18. PW-12/Dr.Gaurav Vinod Jain, Asstt.Professor, Safdarjung Hospital has proved the autopsy report of deceased Jitender as Ex.PW-12/A.

19. PW-13/HC Raj Singh has recorded and proved the DD No.27A as Ex.PW-13/A.

20. PW-14/SI-Kalander Singh, SIT Staff, Haryana has deposed that accused Sandeep @ Kala was arrested by him in case FIR No.116/06 u/s 341/352 and 25 Arms Act, PS:Rai. He was interrogated by him and he disclosed his involvement along with co-accused Narender in the present case. He accordingly informed to PS:Sultan Puri. He further deposed that accused Sandeep got recovered two pistols and four live rounds of .315 bore and cash amount of Rs.1.40 lacs. Their sketches were prepared and sealed by him and taken into possession in case FIR No.86/07 u/s 392/397/120-B IPC and 25 Arms Act of PS:Kundli, Sonepat, Haryana. He also proved the original disclosure statement of accused Sandeep as Ex.PW-14/A from the file produced by the Ahlmad of the court of Sh.Lalit Batra, Ld.ASJ, Sonepat, Haryana. He also proved the seizure memo of cash, thaila (bag) and two country made pistols along with 4 cartridges recovered from accused Sandeep as Ex.APW-17/A to C and the original of these documents were in the judicial file of case FIR No.86/06, PS:Kundli.

21. PW-15/HC Ranbir Singh, District Police Office, Sonepat, has proved the entry recorded in register no.19 at sl.no.235 regarding depositing of two pulindas by SI-Kalandar Singh in malkhana as Ex.Pw-15/A. He also proved the copy of receiving of the parcels before the court of Ld.CJM, Sonepat as Ex.PW-15/B.

22. PW-16/ASI-Hawa Singh, PS:Kundli has proved the copy of FIR No.86/07 as Ex.PW-16/A.

23. PW-17/Sh.Satish Kumar, Record Keeper, Record Room (Sessions Court), Sonepat, Haryana has proved the record of judicial file of case FIR No.86/07, PS:Kundli, whereby accused persons, namely, Sandeep @ Kala, Narender @ Chotu and Rakesh were acquitted on 18.02.10. He also deposed that the judicial file brought by him bears the photocopy of seizure memo of two pistols (.315 bore and cartridge), thaila (bag) and cash amount and sketch of country made pistols as Ex.PW-17/A to C.

24. Since statement of all the material witnesses i.e PW-2/Pappu; PW-5/Kishan and PW-8/Shyam Sunder, who are injured and/or eye witnesses of the incident, have not supported the case of the prosecution at all and thus it has been submitted by ld.defence counsel present in the court that no useful purpose will be served if statement of other formal witnesses is recorded as the prosecution case is not likely to terminate successfully. He has also tendered in the court the certified copy of the judgment passed by Ld.ASJ, Sonepat, Haryana in FIR No.86/07, PS:Kundli, vide which accused persons have been acquitted.

25. On the other hand, Ld. Public Prosecutor has prayed for examining other witnesses i.e FSL Expert and the recovery witnesses of case FIR No.86/07, PS:Kundli, Sonepat, Haryana, who had recovered weapons of offence i.e 2 country made pistols and 4 live cartridges etc., as out of those two weapons, one was found, to be linked with the fired bullet, as per FSL result. Prayer so made by ld.public prosecutor does not carry weight, therefore, his prayer is turned down in view of the fact that both the accused persons have already been acquitted by the court of Sh.Lalit Batra, Ld.ASJ, Sonepat, Haryana in FIR No.86/07, PS:Kundli, Haryana, in which charge were framed against them u/s 25 Arms Act for recovery of weapons from their possession.