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9 Vide order dated 08.12.2010,ld predecessor of this court decided the charges and accordingly, accused Ajay, Santosh, Vijay Kumar, Dinesh @ Kudya and Anad @ Nanda were charged for the offences u/s 395/396/34 IPC . Accused Dilshad was charged SC No. 137/14 State vs Ajay Kumar etc (Page 6 of 34 ) D.O.D 04.09.2014 P.S Bawana u/s 395/396/ 34 and 412/414 IPC for the offence u/s 412 IPC and accused Vinod Kumar was charged for the offence u/s 414 IPC . All the accused persons pleaded not guilty and claimed to be tried.

38 PW25 Inspector Raj Singh further deposed that on 11.6.2010 , accused Dinesh led the police party to his house at Shahbad Dairy and from his house got recovered four pipes on which Baba ART was engraved . Those four pipes were sealed with the seal of RS and seized vide seizure memo ExPW7/J. Accused Vijay led the police party to his house and took out four pipes from his house which were robbed by him along with other co-accused persons . Those four pipes were sealed with the seal of RS and seized vide seizure memo ExPW7/K. On 11.6.2010, SC No. 137/14 State vs Ajay Kumar etc (Page 16 of 34 ) D.O.D 04.09.2014 P.S Bawana u/s 395/396/ 34 and 412/414 IPC accused Ajay and Santosh were produced before the court of ld MM . With the permission of court, he interrogated accused Ajay and Santosh and recorded their disclosure statement ExPW16/A and ExPW16/B . Accused Ajay was arrested vide arrest memo ExPW5/A and accused Santosh was arrested vide arrest memo ExPW5/B. 39 PW25 Inspector Raj Singh further deposed that accused Ajay led police party to Yadav Nagar , S.P Badli at the house of his employer and pointed out a champion vehicle bearing no. DL-1LL-7354 and stated that it was used by them in the crime. Said vehicle was seized vide seizure memo ExPW5/D. on 12.6.2010, accused Ajay and Santosh pointed out towards factory at H-1, Sector 1, DSIDC Bawana as the place of occurrence and pointing out memo of accused Ajay and accused Santosh are ExPW7/1 & 2 respectively . Accused Ajay also led the police party to the abandoned plot and produced five iron looted pipes . Same were put into bori and sealed with the seal of RS and were taken into possession SC No. 137/14 State vs Ajay Kumar etc (Page 17 of 34 ) D.O.D 04.09.2014 P.S Bawana u/s 395/396/ 34 and 412/414 IPC vide memo ExPW7/6 . Accused Santosh led the police party to the Jhuggies F Block, SB Dairy and produced four iron looted pipes. Same were put into a bori and sealed with the seal of RS and were taken into possession vide memo ExPW7/7. Accused Vinod, Ajay, Vijay, Santosh and Dinesh also pointed out towards the place of occurrence i.e Shahbad Daulatpur on Rithala Road at a kabadi shop of accused Dilshad vide pointing out memo ExPW25/C to ExPW25/G and stated that it was the same kabadi with whom the stolen /robbed articles were sold.

49 In the light of aforesaid discussion and case laws, it is very difficult to hold that accused persons namely Ajay, Santosh, Dinesh , Vijay Kumar and Anad @ Nanda had committed the offence of decoity and decoity with murder. The prosecution has miserably failed to bring home the guilt as against the accused persons Ajay, Santosh, Dinesh , SC No. 137/14 State vs Ajay Kumar etc (Page 23 of 34 ) D.O.D 04.09.2014 P.S Bawana u/s 395/396/ 34 and 412/414 IPC Vijay Kumar and Anad @ Nanda for the offences u/s 395/396/34 IPC.

60 In the present case, I find that the prosecution has miserably failed to prove the offences against the accused persons beyond shadow of doubt. Thus, I am left with no option but to acquit the accused persons . Accused persons namely Ajay Kumar , Santosh, Dinesh @ Kudya , Vijay Kumar and Anad@ Nanda stands acquitted for offences u/s 395/396/34 IPC, Accused Dilshad stands acquitted for the offence u/s 412 IPC and accused SC No. 137/14 State vs Ajay Kumar etc (Page 33 of 34 ) D.O.D 04.09.2014 P.S Bawana u/s 395/396/ 34 and 412/414 IPC Vinod Kumar stands acquitted for the offence u/s 414 IPC.