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The above named accused persons had been facing trial in respect of offences u/s 307/186/353/201/34 IPC on the allegations that on 11.09.2006, Ct. Sukhbir (PW1) alongwith Inspector Jai Prakash (PW6), HC Amar Pal (PW8), HC Devender Singh (PW10), HC Subhash and Ct. Ranbir Singh (PW2) were on patrolling duty. At about 11.30 p.m., while the said police officials were present near Daler Mahndi Farm House, secret information was received by SI Jai Prakash that some criminals would come towards Sayyad Nangloi side on motorcycles and they are having illegal weapons and would be going towards Nihal Vihar side and if raided, they can be apprehended. It is alleged that on receipt of information, SI Jai Prakash asked 5­6 public persons to join the raiding party but they refused and while showing inability, they all went away without disclosing their names and addresses. At about 12.00 noon, the aforesaid police personnels put the barricades near police booth on Shamshan ghat road and they started FIR No. 940/06; U/s 307/186/353/201/34 IPC; P.S. Nangloi D.O.D.: 03.11.2014 checking vehicles. At about 12:30 p.m, two motorcycles were seen coming from the side of Sayyed Nangloi and three persons were sitting on each motorcycle.

In support of its case, prosecution has examined as many as nine witnesses namely PW1Ct. Sukhbir, Ct. R.B Guliya, PW3 ASI Tarif Singh, PW4 Ct. Jaswant Singh, PW5 WHC Sudesh, PW6 Inspector Jai Parkash, PW7 Sh Rakesh Kumar, Ld ACJ(West) Tis Hazari Courts, Delhi, PW8 ASI Amar Pal, PW9 HC Ajay Kumar, PW10 ASI Devender Singh, PW11 ASI Dalbir Singh, PW12 SI Naresh Kumar and PW13 Sh A.K Lal, during trial till 17.09.2014.

Thereafter, statements U/s 313 Cr.P.C. of all the six accused persons were recorded during which all the incriminating evidence were put to them which they denied. The defence of all the accused persons is of FIR No. 940/06; U/s 307/186/353/201/34 IPC; P.S. Nangloi D.O.D.: 03.11.2014 general denial. All the accused claimed that they have been falsely implicated in this case. However, all the accused persons did not wish to lead Defence Evidence.

PW­13 Sh. A.K Lall:­ This witness has proved complaint U/s 195 FIR No. 940/06; U/s 307/186/353/201/34 IPC; P.S. Nangloi D.O.D.: 03.11.2014 Cr.PC given by him as ACP Punjabi Bagh, for prosecuting accused persons in respect of offence U/s 186 IPC on 09.11.06. He proved the said complaint as Ex PW12/J. During cross examination, he admitted that he did not call public servants who were allegedly obstructed during the course of their official duties and also did not record their statements before preparing complaint U/s 195 Cr.PC. He also admitted that he did not annex any list of witnesses alongwith complaint Ex PW12/J. It may also be mentioned here that during the course of trial, Ld Additional PP dropped PW namely HC Subhash from the list of witnesses vide order dt. 23.1.14 as the testimony of said witness was of repetitive nature as PW1 Ct. Sukhbir, PW2 Ct. R.B Guliya, PW6 Inspector Jai Parkash and PW10 ASI Devender had already been examined by the prosecution for the same purpose. Ld Additional PP also dropped PW namely SI Dhirender from the list of witnesses vide order dt. 27.8.14 as the testimony of said witness was of repetitive nature as PW11 ASI Dalbir Singh had already been examined by prosecution for the same purpose.

At the outset, it may be mentioned here that although accused persons were sent to face trial in respect of offences U/s 186/353/307/201/34 IPC and Section 25/27 Arms Act as per the charge sheet available on record but Ld predecessor had been pleased to frame charge in respect of offence U/s 307/34 IPC against all the six accused herein whereas separate charges in respect of offence U/s 25 Arms Act had been framed against accused Raju @ Ganja, Arjun, Javed @ Ganju and Deepak @ Deepu vide order dt. 20.02.08. It goes without saying that prosecution did not challenge the relevant order directing framing of charges against the accused persons till date. In other words, charge in respect of offenece U/s 186 IPC has not been framed at all, against any of the accused persons in this case. That being so, the testimony of PW13 namely Sh. A.K Lall the then ACP Punjabi Bagh and for the said matter, complaint U/s 195 Cr.PC Ex PW12/J are totally irrelevant.