Delhi District Court
State vs Deepak Nirman @ Deepu Etc. (2) on 23 February, 2026
IN THE COURT OF MS. POOJA TALWAR,
ADDITIONAL SESSIONS JUDGE (FTC)WEST
TIS HAZARI COURT, DELHI
In the matter of:
STATE
Vs.
Deepak Nirman @ Deepu & Ors.
FIR No.324/15
Police Station: Vikaspuri
JUDGMENT
1. Sl. no. of case Sessions Case No.57519/16
2. CNR no. DLWT010024272015
3. Date of Institution 26.06.2015
4. Date of Commission of 01-02.04.2015
offence
5. Name of the accused 1. Deepak Nirman @ Deepu
S/o Madan Lal
R/o H. No.S-221/113, Gali no.4,
Vishnu Garden, Khyala Delhi
2. Mohd. Naeem
S/o Riyasat Hussain
R/o H. No.207, B-Block, J.J.
Colony, Raghubir Nagar, Delhi.
3. Sharif Saifi
S/o Mohd. Haneef
R/o H. No.207, B-Block, J.J.
Colony, Raghubir Nagar, Delhi.
6. Offence Complained of Section 147/149 IPC, POOJA
Section 148/149 TALWAR
Section 302/149 IPC Digitally signed
by POOJA
TALWAR
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FIR no.324/15
7. Plea of accused Pleaded not guilty
8. Date of reserving the 12.02.2026
judgment
9. Final order Acquitted
10 Date of pronouncement 23.02.2026
of judgment
Case of the prosecution
1. Story of the prosecution is based on the statement of
complainant Kuldeep Singh stating that on 01.04.2015 at about
12 am when he reached at District Centre flyover, public persons
were gathered there. He stopped and saw 5-6 boys beating a
Sardar boy. One of them had a knife in his hand. When he
intervened they abused him. So he stopped at some distance to
witness the incident The quarrel was clearly visible from there.
Those boys were hitting sardar with kicks and blows. The boy
who had knife in his hand stabbed sardar on his hand and head.
No one came to rescue him. Thereafter said boys fled towards
authority. When he chased them they went ahead and separated.
He chased one motorcycle on which three boys were riding and
the boy who stabbed Sardar boy was also on the motorcycle. He
brought his scooty next to the motorcycle and kicked the
motorcycle. They all fell down and he caught hold of one boy
who had stabbed the Sardar and other two boys fled. In the
meantime police van came there. He informed about the entire
incident to the police officials. He handed over the said boy to
the police officials. He alongwith police officials went to the spot
where injured was lying. Police officials took the injured to DDU
hospital. During treatment the victim succumbed to his injuries.
POOJA
TALWAR
Digitally signed
by POOJA
TALWAR
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2. During investigation the boy who was apprehended
by complainant Kuldeep Singh was found to be juvenile. His
version was recorded. He disclosed the name of his associates as
Deepak Nirman, Mohd. Naeem, Sharif Saifi and Ashok. At DDU
hospital one other eye witness namely Gurpreet Singh was
present. He informed the IO that he was with the deceased at the
time of incident and identified Kamil as one of the perpetrators.
On 02.04.2015 during investigation four boys namely, Deepak
Nirman, Mohd. Naeem, Raja Nayyar and Sharif Saifi were
arrested from a jeans factory in Vishnu Garden. Raja Nayyar was
also found to be minor and was accordingly apprehended. The
other three accused, namely, Deepak Nirman, Mohd. Naeem,
and Sharif Saifi were arrested.
3. During further investigation Deepak Nirman got
recovered one knife from a park. Upon conclusion of
investigation Charge Sheet was filed.
4. On the basis of complaint, FIR under Section
302/201 IPC was registered.
Charge
5. Charge was framed against the accused Deepak
Nirman @ Deepu, Mohd. Naeem and Sharif Saifi under Section
147/149 IPC, Section 148/149 IPC and Section 302/149 IPC vide
order dated 22.09.2015.
Prosecution evidence POOJA
TALWAR
6. In order to prove its case prosecution examined
Digitally signed
twenty five witnesses as under :- by POOJA
TALWAR
Date:
2026.02.23
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FIR no.324/15
Material Witnesses:
(i) PW13: Kuldeep Singh deposed that:
“On 01.04.2015, at around 10 am I alongwith my
employer Lala Darshan lal had gone to Panipat and from Panipat
we returned to Delhi at around 8-8.30 pm. My employer dropped
me in the area of Raghuvir Nagar, from where I took my scooty
no. 2180 and went to my in laws house. After taking dinner, at
around 12.30 am while I was returning and reached District
Center Janakpuri, I saw that five six persons were beatings one
sardar. Initially they were beating him with stone and when he
fell down, they took out a knife and started stabbing him. When I
tried to intervene they asked me to leave the spot otherwise they
would kill me also. In the meantime several public persons
gathered there and I left the spot. I again stopped at some
distance and saw that the assailant who was having knife in his
hand, threw the said knife at some distance from the spot.
Thereafter they started fleeing away from the spot on pulsar
motorcycle on which three of them were sitting. Then I started
chasing them. After covering some distance, their motorcycle
slipped on the road and all of them fell on the road. I
apprehended one of them while other two managed to escape
after leaving the motorcycle at the spot. Thereafter one Honda
Accord car reached there and the assailant who was caught by
me, was taken in the said car. Thereafter I went to PS janakpuri
from where I was directed to PS Vikaspuri. Thereafter I reached
PS Vikaspuri. I was taken to DDU hospital and after examination
I was again taken to PS Vikaspuri. My statement was recorded
by the police which is Ex.PW13/A bearing my signature at point
A and B. I do not know the name of the said assailant who was POOJA
apprehended by me however I can identify him. I was discharged TALWAR
Digitally signed
by POOJA
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 4 of 56 TALWAR
FIR no.324/15 Date: 2026.02.23
13:06:01 +0530
from the investigation in the morning. Police seized the
motorcycle by which assailant were trying to flee away vide
seizure memo Ex.PW13/B bearing my signature at point A.
Thereafter I had gone to the police station on 1-2 occasion
as I had been chased.
The two assailants are present today in court (the witness
has pointed towards accused Deepak and Sharif Shaifi present in
court and also stated that the third person present in court i.e.
Mohd. Naeem was not amongst the assailants.)
XXXXXXXXXX by Sh. Ghanshyam Srivastava Ld. Addl. PP
for State.
It is wrong to suggest that I had stated to the police that the
assailants fled away from the spot on a motorcycle and scooty.
(confronted from portion A to A on statement Ex.PW13/A where
it is so mentioned) Vol. I had stated that they had left the spot on
one motorcycle only. It is correct that the total assailants were 5-
6 in number. It is also correct that they had gone towards
authority side. It is wrong to suggest that I had stated before the
police that assailants were fleeing separately on motorcycle and
scooty. (confronted from portion B to B on statement
Ex.PW13/A where it is so mentioned). It is correct that the
assailant who caused knife injury to injured was sitting on the
motorcycle. I am not sure but I might have hit the motorcycle of
the assailant with leg. Vol. I was in anger at that time. It is wrong
to suggest that I have stated before the police that after
apprehending the assailant, one police vehicle came there and I
told them that assailant stabbed one person at the District Center
under the flyover. (confronted from portion C to C on statement
Ex.PW13/A where it is so mentioned). Vol. The assailant who POOJA
TALWAR
was apprehended by me, had caused knife injury to the injured. It
Digitally signed
by POOJA
TALWAR
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is wrong to suggest that I have stated before police that I
alongwith police official and assailant came to the spot where
injured was lying, and that injured was shifted to the DDU
hospital by the said police official in gypsy, at that time assailant
and my were also in the said gypsy. (confronted from portion D
to Don statement Ex.PW13/A where it is so mentioned). Vol. I
was taken to the hospital from the PS Vikaspuri by the police and
I was alone. It is wrong to suggest that police official got
admitted the injured in me and DDU hospital and the said police
official dropped assailant in the PS Vikaspuri. (confronted from
portion E to E on statement Ex.PW13/A where it is so
mentioned).
It is wrong to suggest that I had stated to the police that on
enquiry the name of the assailant was revealed as Kamil S/o
Kallu r/o Vishnu garden khyala Delhi. (confronted from portion
F to F on statement Ex.PW13/A where it is so mentioned). Vol. I
can identify the assailant who caused knife injury to the injured.
It is correct that I pointed out the place of incident to the police
and police prepared the some documents. It is correct that police
lifted the blood lying on the spot and other exhibits from the spot
and pullanda of the same were made and sealed it. It is further
correct that the sealed exhibits were taken into possession vide
seizure memo Ex.PW13/C. I had not seen the registration no. of
the motorcycle used by the assailant for fleeing. It is correct that
at point A on Ex.PW13/B is my signature. I can read Hindi and
little bit English. The colour of the motorcycle was blue. It is
wrong to suggest that motorcycle was seized in my presence. It is
correct that motorcycle was standing infront of the authority.
POOJA
Vol. Assailants fled away from there after leaving the motorcycle TALWAR
where I caught one assailant. Digitally signed
by POOJA
TALWAR
Date:
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At this stage one sealed envelop sealed with the seal of PA
purportedly containing the TIP proceedings is opened at the
request of the Ld. Addl. PP. On the opening TIP proceedings of
the JCL Raja nayyar and JCL Sharif Saifi by the witness
Gurpreet Singh are taken out. This proceeding is not concerned
with the present witness.
At this stage, another sealed envelop sealed with the seal
of PA purportedly containing the TIP proceedings is opened at
the request of the Ld. Addl. PP. On the opening TIP proceedings
of the JCL Raja nayyar and JCL Sharif Saifi by the present
witness are taken out.
It is correct that at point A on Ex.PW13/D is my signature.
It is correct that on 13.04.2015 I identified the accused Sharif
Saifi in judicial TIP vide proceedings Ex.PW13/D (running into
three sheets) which bears my signature at point A.
It is wrong to suggest that on 20.04.2015 I visited the Tis
Hazari Courts and met with the IO inspector Vinod Kumar and
identified the accused Mohd. Naeem as a assailant. (confronted
with statement Ex.PW13/E where it is so recorded). (objected to)
I do not remember if I met with Gurpeet Singh @ Lali on
20.04.2015 in Tis hazari court. I cannot say if the accused Naeem
was one of the assailant. It is correct that assailants gave beatings
by kick and fist blow and assailant who was having knife caused
several knife blows on the head and hand of the injured. It is
wrong to suggest that I deliberately not identifying the accused
Mohd. Naeem as assailant as I have been won over by the
accused Mohd. Naeem. It is correct that I have forgotten some of
the facts due to lapse of the time.
POOJA
TALWAR
Digitally signed
by POOJA
TALWAR
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Date: 2026.02.23
FIR no.324/15 13:06:20 +0530
(ii) PW17: Gurpreet deposed that:
“On the intervening night of 1st and 2nd April, 2015, I
alongwith my friend Surender Singh (since deceased) were going
for taking petrol for my scooty bearing No.DL-4SCJ-1419 make
Honda Aviator from the petrol pump at Outer Ring Road near
Keshopur Mandi. At the same time two persons arrived on a
black colour scooty. Today I do not remember the registration
number of that black colour scooty. I was ply my aforesaid
scooty and when we were turning towards the petrol pump our
scooty got touched with the aforesaid black colour scooty. We
had arguments with those two persons and there was a scuffle
between us. I was not able to see properly but so far as I think
Surender Singh (since deceased) slapped the boy who was pillion
rider on that black colour scooty. Thereafter, those two persons
left the spot while staring at us and we also left the spot.
Thereafter, we took one peg of liquor and then at about 11.30
p.m. we were going towards District Centre, Janakpuri for eating
Parantha and when we reached under the flyover near District
Centre, the aforesaid persons arrived at the spot on their scooty
alongwith 2-3 other persons, who were on a bike. One boy
(having short stature) out of those two boys, who were on black
scooty, exhorted “Pakdo pakdo, yeh wohi sardar hai”. Later on I
came to know that name of that boy (having short stature) was
Kamil (since JCL). Thereafter, one of the aforesaid persons
pulled Surender Singh (who was pillion rider of my scooty) and
my scooty got dis-balanced. My scooty was stopped at some
distance. When I tried to rescue Surender Singh, another boy
who was on black colour scooty alongwith Kamil tried to hit me POOJA
with stone and I was not able to rescue Surender Singh. Those TALWAR
persons were beating and hitting him with stone. I had seen a Digitally signed
by POOJA
TALWAR
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13:06:26 +0530
FIR no.324/15
knife in the hand of Kamil (since JCL). Thereafter, they dragged
Surender Singh under the flyover. I got scared, I started my
scooty and headed towards Outer Ring Road. I stopped my
scooty at some distance and I looked back. I saw that public
persons had gathered at the spot. I went near the spot where
public persons had gathered and I saw that Kamil was stabbing
Surender Singh on his head and middle part of the body and his
allies were beating him with kicks and fists. No one from the
gathering intervened, I was perplexed and scared. I left the spot
for informing cousin of Surender Singh namely Narender Singh
as I was not aware about the current address of Surender Singh. I
went to the house of Narender Singh and apprised him about the
incident. Narender Singh had informed family members of
Surender Singh about the incident. Thereafter, I alongwith
Narender Singh reached at the spot on my scooty but no one was
present at the spot. We went to DDU hospital, Hari Nagar for
searching Surender Singh. At DDU hospital Surender Singh was
found admitted and police officials were also present. Condition
of Surender Singh was serious at that time. We remained there
for considerable period of time. Family members of Surender
Singh had also reached at the hospital. In the meantime police
officials had brought the aforesaid two boys, (who were on black
scooty at the time of incident). One of them was Kamil, I had
identified those two boys. At that time only, I came to know
about the name of Kamil (since JCL). I was not able to see the
other three boys properly. Thereafter, I returned to my house. In
the morning at about 10.00 a.m. 10.30 a.m. I came to know that
Surender Singh had expired.
POOJA
TALWAR
Thereafter, I went to DDU hospital. Again said Now I
Digitally signed
have recollected that those boys (Kamil and his associate) were by POOJA
TALWAR
Date: 2026.02.23
13:06:33 +0530
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FIR no.324/15
brought by the police officials in the morning and not at the night
and at that time only I came to know about the name and address
of Kamil (since JCL) and I had informed police officials about
the roles of the accused persons. IO recorded my statement.”
Formal Witnesses:
(i) PW5: Dr. Ajay Sharma CMO DDU hospital deposed that
On 02.03.2015 one unknown patient was brought in emergency
by PCR officials in unconscious state. After giving first aid, he
prepared MLC Ex.PW5/A bearing his signatures at point A.
After the examination and primary treatment, patient was
referred to Surgery/Neuro/ICU/Medicine for further
management. After treatment, the patient was admitted in the
hospital as he was serious. At around 1:45am, one ASI Surti Ram
moved an application for taking permission to record the
statement of the injured, he opined on the said application that
the patient was unfit for the statement. The said remark is at point
X on Ex.PW5/8 bearing his signature and seal at point A.
(ii) PW7: Sarabjeet Singh deposed that on 03.04.2015 he
identified the dead body of his younger brother Surender Singh.
His statement vide identification statement is Ex.PW7/A bearing
his signatures at point A. He received the dead body vide receipt
memo Ex.PW7/B bearing his signatures at point A.
(iii) PW14: Dr. Sanjay Gautam deposed that on 02.04.2015
injured Surender was examined by him and he found that there
was no pulse and BP was not recordable. Thereafter he started
POOJA
CPR. After the thorough examination he declared him dead. He TALWAR
prepared death summary Ex.PW14/A bearing his signatures at Digitally signed
by POOJA
TALWAR
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FIR no.324/15 13:06:39 +0530
point A.
(iv) PW15: Sh. Pankaj Arora, Ld. MM Shahdra KKD court
conducted the TIP proceedings of accused Sharif Saifi vide
application Ex.PW15/A and TIP proceedings is Ex.PW15/B. TIP
of accused Sharif Saifi was also conducted through another
witness Kuldeep Singh vide application Ex.PW15/C and TIP
proceedings are Ex.PW15/D.
(v) PW19: Sh. Narender Singh deposed that in the intervening
night of 01/02.04.2015 at about 12:50 am Gurpreet Singh @
Laali who was known to him was friend of his cousin Surender
Singh came on his white colour scooty. He informed that 5-6
persons have stabbed Surender Singh under District Centre
flyover. He alongwith Gurpreet went to the spot on his scooty but
Surender Singh was not found there. Blood was found scattered
at the spot. He came to know that he was taken to DDU hospital.
He informed family members of Surender Singh about the
incident. Thereafter he alongwith Gurpreet went to DDU hospital
where Surender was admitted his condition was very serious.
From there he was referred to LNJP hospital. He alongwith
family members of Surender got admitted him in LNJP hospital
where during treatment he got expired.
On 03.04.2015 he alongwith his cousin Sarbjeet (brother
of Surender) went to MAMC Mortuary. They identified the dead
body of Surender Singh vide memo Ex.PW19/A bearing his
signatures at point A. After postmortem dead body was received
by Sarbjeet Sing vide memo Ex.PW7/B bearing his signatures at
POOJA
point B. TALWAR
Digitally signed
by POOJA
TALWAR
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Date: 2026.02.23
FIR no.324/15 13:06:46 +0530
(vi) PW20: Dr. Amrik Singh, DDU hospital deposed that on
02.04.2015 Mohd. Kamil was medically examined vide MLC
no.2771 by Dr. Nishtha and the said patient was referred to him
for further examination and management. He medically
examined the patient vide MLC Ex.PW20/A and observation
made by him at portion X to X1.
(vii) PW21: Dr. Ashish Bhute, Associate Professor, Department
of Forensic Medicine. AIIMS. Rishikesh. Uttrakhand deposed
that on 03/04/2015 he conducted postmortem examination on the
body of Surender Singh S/o Sh. Raghubir Singh with the alleged
history of physical assault near District Centre, Janakpuri at
around 12:05 AM on 02/04/2015 and said injured was taken to
DDU hospital from where he was referred to LNJP hospital
where he expired during the course of treatment. Upon
conducting postmortem, he prepared postmortem report
no.282/15. He opined the cause of death of Surender Singh to be
hemorrhagic shock consequent upon stab injury to the arm via
injury no. 7 detailed in postmortem report and the said injury was
sufficient to cause death in ordinary course of nature. He also
opined that injury no.1, 2, 3, 5, 6, 10 and 13 were caused by
sharp edged weapon. He opined that injury no.7 & 11 were
caused by sharp edged weapon with pointed tip and injury no.4,
8, 9 & 12 were caused by blunt force trauma. He also opined that
all the injury were ante-mortem in nature and recent in duration
prior to death. During postmortem, he took dried sample of blood
on a gauze piece for DNA matching and after sealing the same
with the seal of AB10MAMC, he handed over the same
alongwith sample seal, one diagram sheet alongwith 13 inquest POOJA
TALWAR
papers to IO alongwith postmortem report. The postmortem
Digitally signed
by POOJA
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FIR no.324/15 Date: 2026.02.23
13:06:54 +0530
report prepared by him Ex.PW21/A. The diagram showing the
injuries prepared by him as Ex.PW21/B.
(viii) PW23: Dr. Suminder Kaur, Senior Forensic Chemical
Examiner (Assistant Director), DNA FP Unit, FSL, Rohini, Delhi
deposed that on 09.05.2015 nine sealed parcels alongwith the
sample seal was received in FSL Rohini in the present case and
the same were alloted to me for DNA examining. All the parcels
were sealed and tallied with a FA Letter of SHO PS Vikas Puri.
The description of the articles contained in the parcels are given
in detail in my report. Upon biological examination, blood was
detected on exhibits 1a, 1b, 1c, 2, 3, 6a, 6b, 6c, 7, 8 and 9.
Partial male DNA Profile generated from the source of
exhibit 2, (leather cover) is similar with the DNA profile
generated from the source of exhibit 8 (blood sample of
deceased). The DNA profile generated from the source of exhibit
3 (cotton wool swab) and exhibit 7 (knife) is similar with the
DNA profile generated from the source of exhibit 8 (blood
sample of deceased). His report is Ex.PW23/A bearing my
signatures at point A on each page. The allelic data is
Ex.PW23/B bearing his signature at point A. The remnants of the
exhibits were re-sealed with the seal of SRK FSL DELHI.
Witnesses of Investigation:
(i) PW1: Ct. Ombir deposed that on 02.04.2015 DO ASI Anil
Sharma gave three packed envelopes for delivering the same to
Ilaka Magistrate. He took the same to the residence of Sh.
Devender Nain, Ld. MM, where he handed over one envelope.
POOJA
Thereafter he went to DCP office Rajouri Garden where he TALWAR
handed over the envelope. After that he went to PHQ where he Digitally signed
by POOJA
TALWAR
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FIR no.324/15 13:07:00 +0530
handed over the 3rd envelope in the office of concerned Joint CP.
(ii) PW2: SI Om Prakash deposed that on the intervening night of
01/02.04.2015 he was on duty at Emergency Reserve Vehicle
from 8 pm to 8 am alongwith one Ct. Rajbir. He was patrolling
the area with the said ERV. When they reached District Centre
Janakpuri at around 12.30 am, one person, whose name revealed
as Kuldeep called them. They stopped the ERV and went to
Kuldeep and saw that he apprehended one boy, namely Kamil.
Kuldeep disclosed that Kamil and his associates caused knife
injuries to one Sardar who was lying under the flyover near the
District Centre. One motorcycle make Bajaj Pulsar was also lying
there. They alongwith Kuldeep and Mohd. Kamil went under the
flyover where he saw that one injured Sardar was lying on the
road and blood was oozing out from his injuries. He took the said
injured Sardar to DDU hospital, where he got him admitted.
(iii) PW3: HC Lahari Ram deposed that on 02.04.2015 he was
working as duty officer from 12:00 midnight to 8:00 am. At
about 12:40 am he received a wireless message through wireless
operator that 5-6 boys stabbed one person under the flyover near
District Centre, Janakpuri and injured was being shifted to DDU
hospital by the police. On the basis of same he recorded DD
no.5A and handed over the same to ASI Surti Ram. Copy of DD
is Ex.PW3/A. He produced the original DD register. On the same
day at about 4:25 am he received rukka given by ASI Surti Ram
on the basis of same he registered the FIR. Copy of FIR is
Ex.PW3/B. He produced the register of computerized copy of POOJA
TALWAR
FIR. He made endorsement at point X on rukka Ex.PW3/C
bearing his signatures at point A. He also made DD no.7A Digitally signed
by POOJA
TALWAR
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13:07:17 +0530
FIR no.324/15
Ex.PW3/D as the kayml of the FIR. After registration of FIR he
handed over original rukka to Ct. Parmod for handing over same
to ASI Surti Ram. He issued certificate under Section 65B of
Evidence Act Ex.PW3/E bearing his signatures at point A.
(iv) PW4: Ct. Naresh Kumar deposed that on 02.04.2015 he was
working as DD writer from 12:00 midnight to 8:00 am. At about
1:30 am he received telephonic message made from DDU
hospital. On the basis of same he recorded DD no/5B and
communicated the same to ASI Surti Ram for further
investigation. He produced the original DD register. Copy of DD
is Ex.PW4/A. Thereafter at about 7 am he received a telephonic
message from LNJP hospital made by duty officer Ct. Puran who
informed that injured Surender died during the treatment. On the
basis of the same he recorded DD no.11B. After lodging the said
DD, it was communicated to ASI Surti Ram. He produced
original DD register. Copy of said DD is Ex.PW4/B.
(v) PW6: Ct. Amit deposed that on 02.04.2015 after receiving
information from District Control Room, he alongwith SI
Devender Singh and Ct. Parvinder reached at the spot where Ct.
Harish met them and they came to know that injured was shifted
to the hospital. Blood was scattered on the spot. They inspected
the place of occurrence and took 10 photographs of the spot on
the instructions of Incharge Crime Team. Meanwhile ASI Surti
Ram also came there. He produced 10 negatives of those
photographs Ex.PW6/A-1 to A-10. One negative was washed
out. Photographs are Ex.PW6/B-1 to Ex.PW6/B-9. POOJA
TALWAR
Digitally signed
by POOJA
TALWAR
Date:
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FIR no.324/15
(vi) PW8: Ct. Pramod Kumar deposed that on 02.04.2015 he
received the call of duty officer at around 5.40 AM and Duty
officer handed over the copy of FIR and rukka to him for handing
over the same to ASI Surti Ram. He took the said rukka and FIR
to District Centre Janakpuri where he handed over the copy of
FIR and original rukka to ASI Surti Ram.
(vii) PW9: Ct. Madan Lal deposed that on 19.05.2015 he
received the case properties in sealed condition i.e. nine sealed
pullandas and six sample seal in the present case from MHCM
vide RC no.43/21/15 to deposit the same to FSL Rohini. He
deposited the said case property to FSL on the same day and
handed over copy of Road Certificate and receipt issued by FSL
to MHCM on the same day. So long exhibits remained in his
possession same were not tampered in any manner.
(viii) PW10: HC Parmanand deposed that on 02.04.2015 ASI
Surti Ram IO deposited 5 sealed pullandas and sample seal in the
Malkhana. He also deposited one motorcycle bearing registration
no.DL6SAF-2135 and he made entry at serial no.1707/15 in
register no.19. He produced the original register no.19 pertaining
to the said entry and the photocopy of the same is Ex.PW10/A.
On the same day, Inspector Vinod Kumar IO deposited one
sealed pullanda sealed with the seal of VK in the Malkhana and
he made entry at serial no.1708/15 in register no.19. He produced
the original register no.19 pertaining to the said entry and the
photocopy of the same is Ex.PW10/B. On 03.04.2015,
POOJA
Inspector/IO Vinod Kumar deposited one sealed pullanda sealed TALWAR
with the seal of VK in the Malkhana and he made entry at serial
Digitally signed
no.1709/15 in register no.19. He produced the original register by POOJA
TALWAR
Date: 2026.02.23
13:07:30 +0530
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 16 of 56
FIR no.324/15
no.19 and the said entry and the photocopy of the same is
Ex.PW10/C. On the same day Inspector Vinod Kumar also
deposited one sealed pullanda sealed with the seal of CMO DDU
hospital containing the blood sample of Deepak @ Dipu with
sample seal in the Malkhana. He made entry at serial no.1711/15
in register no.19. He produced the original register no.19
pertaining to the said entry and the photocopy of the same is
Ex.PW10/D.
On 03.04.2015, Inspector Mahesh Kumar deposited one
sealed pullanda sealed with the seal of ‘NAMC AB 10’ containing
the blood sample of the Surender Singh with sample seal in the
Malkhana and he made entry at serial no.1710/15 in register
no.19. He produced the original register no.19 pertaining to the
said entry and the photocopy of the same is Ex.PW10/E.
On 19.05.2015, 9 sealed pullandas and six sample seal
were sent to the FSL Rohini through Ct. Madan Lal for opinion
vide RC No.43/21/15 and he made entry in register No.19, in this
regard at Point X on Ex.PW10/A. He produced the original
register no.21 pertaining to the aforesaid RC, photocopy of the
same is Ex.PW10/F. On the same day Ct. Madan returned in the
PS and handed over the carbon copy of the aforesaid RC and
acknowledgment issued by the FSL Rohini, the acknowledgment
is Ex.PW10/G. So long the case property remained in his
possession the same was not tempered with and it remained
intact.
(ix) PW11: SI Sundeep deposed that:
“On 02.04.2015, I was posted at PS Vikas Puri, on that day POOJA
Inspector Vinod Kumar called me in his office where ASI Surti TALWAR
Ram, Ct. Hari Singh and one JCL Mohd. Kamil were present. I Digitally signed
by POOJA
TALWAR
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 17 of 56 Date: 2026.02.23
FIR no.324/15 13:07:44 +0530
was holding post of Juvenile Welfare officer of the PS Vikaspuri.
I was told by the Inspector Vinod Kumar that JCL Mohd. Kamil
was brought in the PS in a murder case. I changed my police
uniform and I also asked ASI Surti Ram and Ct. Hari Singh to
change their police uniform. Inspector Vinod Kumar was already
in the civil uniform. Thereafter I along with ASI Surti Ram, Ct.
Hari Singh an Inspector Vinod Kumar took the JCL Mohd.
Kamil to PVR complex Vikaspuri. Inspector Vinod Kumar
called the father of the JC Mohd. Kamil and he reached at the
PVR complex after our reachi there. Inspector Vinod Kumar
interrogated the JCL Mohd. Kami my presence and his father.
JCL Mohd. Kamil confessed about involvement of the present
case alongwith his other five accomplice. JCL Mohd. Kamil was
apprehended and apprehension memo, social background report,
version of JCL and other formal documents were made by
Inspector Vinod Kumar and myself. JCL Mohd. Kamil was
wearing a blue colour torn shirt having black stains, white colour
vest and black jeans. JCL Mohd. Kamil changed the clothes and
worn the clothes brought by his father. IO inspector Vinod
Kumar seized the aforesaid blue colour torn shirt having black
stains, white colour vest and black jeans vide seizure memo
Ex.PW11/A after preparing the pullanda and sealed with the seal
of VK. After using the seal it was handed over to ASI Surti Ram.
JCL Mohd. Kamil led us at the spot i.e. under the flyover on the
footpath in front of district center, Janakpuri, where he along
with his associates committed the murder of deceased Surender
Singh. IO of the case prepared the pointing out memo, photocopy
of the same is Mark PW11/X1 bears my signature at point A.
POOJA
Thereafter JCL Mohd. Kamil was taken to DDU hospital for his TALWAR
medical examination. Eye witness of the incident namely Digitally signed
by POOJA
TALWAR
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 18 of 56 Date: 2026.02.23
FIR no.324/15 13:08:03 +0530
Gurpreet Singh also met us in DDU hospital and he identified the
Mohd. Kamil as the person who caused knife injury to the
deceased with his associates. IO recorded his statement under
Section 161 CrPC. IO also recorded my statement. JCL Mohd.
Kamil was produced before the member of JJB at his residence
and JCL Mohd. Kami was remanded in observation. On the same
day, at around 8.45 pm I alongwith IO, SI Rajbir, Ct. Hari Singh
and Ct. Vikash left the PS for making search of the associates of
the Mohd. Kamil. We all except Ct. Vikas were in civil uniform.
We reached at Keshavpur police picket, where secret informer
met inspector Vinod Kumar and informed him that four
associates of the Mohd. Kamil namely Mohd. Naeem, Raja
Nayyar, Sharif @ Shaifi and Deepak Nirman were concealed
themselves at the factory of Mohd. Kamil situated at NA-1, first
floor, gali no.5, Vishnu garden, Khyala, Delhi. After receiving
the said information IO Inspector Vinod Kumar asked 4-5
passers by to join the investigation but none agreed, they went
away after telling their reasonable call. Due to shortage of the
time, Inspector Vinod Kumar did not serve any notice to those
persons. Inspector Vinod Kumar formed a raiding party
consisting the aforesaid police officials and secret informer.
After that we reached at the factory of the Mohd.Kamil where
accused Deepak Nirman, Mohd. Naeem, Raja Nayyar and Sharif
Shaifi were apprehended at the instance of secret informer.
Inspector Vinod Kumar interrogated the accused Deepak
Nirman, Mohd. Naeem, Sarif Shaifi, all accused present in the
court today (correctly identified by witness) in my presence.
Initially accused Sharif shaifi claimed himself as a Juvenile. JCL POOJA
TALWAR
Raja Nayyar was also interrogated by the IO. Father of the JCL
Raja Nayyar was called by the IO. Accused Sharif Shaifi told us Digitally signed
by POOJA
TALWAR
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 19 of 56 Date:
FIR no.324/15 2026.02.23
13:08:10 +0530
during his interrogation that his parents are not residing in Delhi.
After that his employer was called there.
Accused Deepak Nirman @ Deepu had confessed about
his guilt. Thereafter, he was arrested by the IO at about 10.30 pm
vide memo Ex.PW11/B bearing my signatures at point A. The
personal search of the accused was conducted vide memo
Ex.PW11/C, bearing my signatures at point A. Disclosure
statement of accused was recorded vide memo Ex.PW11/D
bearing my signatures at points A.
Thereafter accused Mohd Naim, who had also confessed
about his guilt was arrested by the IO at about 10.50 pm vide
memo Ex.PW11/E bearing my signatures at point A. The
personal search of the accused was conducted vide memo
Ex.PW11/F, bearing my signatures at point A. Disclosure
statement of accused was recorded vide memo Ex.PW11/G
bearing my signatures at points A.
Thereafter, JICL Raja Nayyar was inquired in presence of
his father Sh. Rajender Nayyar by the IO in my presence and he
was apprehended vide apprehension memo Mark PW11/X2. His
personal search was conducted vide memo Mark PW11/X3.
Version of aforesaid JICL was recorded vide memo Mark
PW11/X4. All the memos bearing my signatures at points A.
Intimation of apprehension was given to his father vide memo
Mark PW11/X5. Social background of aforesaid JICL was
prepared. Same is now Mark PW11/X6 bearing my signatures at
point A.
Thereafter at about 11.50 pm accused Sharif Saifi, who at
that time was claiming himself to be below 18 years of age and POOJA
TALWAR
told that his parents were not present in Delhi. So, his employer
Digitally signed
Kallu was called and in his presence, aforesaid accused was by POOJA
TALWAR
Date: 2026.02.23
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 20 of 56 13:08:16 +0530
FIR no.324/15
inquired by the IO in my presence. He was apprehended vide
apprehension memo Mark PW11/X7. His personal search was
conducted vide memo Mark PW11/X8. Version of aforesaid
accused was recorded vide memo Mark PW11/X9. All the
memos bearing my signatures at points A. Intimation of
apprehension was given to his employer Kallu vide memo Mark
PW11/X10. Social background of aforesaid accused was
prepared. Same is now Mark PW11/X11 bearing my signatures
at point A.
Thereafter I handed over Social Background Report of
both JICL namely Raja Nayyar and Sharif Saifi (now accused) to
the IO. Thereafter, faces of both accused persons namely Deepak
Nirman @ Deepu and Mohd Naeem and both JICL Raja Nayyar
and Sharif Saifi were muffled. Thereafter IO alongwith staff and
aforesaid accused persons, JICLs, father of Raja Nayyar, father
of Mohd Kameel and me went near District Centre, Janak Puri.
Accused persons and JICLs separately pointed towards the place
near the U-turn below the Janak Puri flyover, as the place of
incident. IO prepared pointing out memos which are now
Ex.PW11/H, Mark PW11/X12 both bearing my signatures at
Point A.
Thereafter Rajender Nayyar and Kallu were discharged.
Thereafter accused Deepak Nirman @ Deepu led us to a park
near Janak Puri Transport Authority and disclosed that he had
thrown the knife used during the incident in the said park. Search
of the said knife was made and one knife was found lying near
the wall of the aforesaid park. The said knife was in a raxine
pack, again said raxine cover. There was blood on the said raxine POOJA
cover. IO took out the knife from the said cover and prepared TALWAR
sketch of the knife on a white paper. On measuring the said Digitally signed
by POOJA
TALWAR
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 21 of 56 Date: 2026.02.23
FIR no.324/15 13:08:32 +0530
knife, blade of the said knife was 19 cm in length and 4 cm in
breadth, handle of the knife was 10 cm in length. There were
four grooves on the blade of the said knife and the blade was
made up of silver/steel type of material and there was design of
flower on the handle. The handle was made up of metal. The
sketch of the aforesaid knife is now Ex.PW11/I bearing my
signature at Point A. IO prepared pullanda of the same and
sealed it with the seal of VK and seized the same vide pointing
out seizure memo which is now Ex.PW11/J bearing my signature
at Point A. Seal after use was handed over to SI Rajbir.
Thereafter the accused persons and the JICLs were got medically
examined. The JICLs were kept in the PVR Complex, Vikas Puri
under the supervision of Ct. Hari Singh and myself.
All the documents regarding the arrest personal search,
disclosure statement, pointing out and seizure of accused Deepak
Nirman and Mohd. Naeem were signed by me and all the
documents of apprehension, version, SBR, intimation of
apprehension, personal search and pointing out of JICLs Sharif
Saifi and Raja Nayyar also bears my signature. IO recorded my
statement in the police station. Accused Mohd. Naeem, Deepak
Nirman, Sharif Saifi are present in the court today (correctly
identified by the witness). I can also identify the case property if
shown to me.
At this stage, MHC(M) has produced one sealed yellow
envelope duly sealed with the seal of court VS bearing
particulars of the present case. Same is opened. One knife, one
raxine cover and one cut opened cloth pullanda bearing case
POOJA
particulars and remnants of seal of VK are taken out. Same are TALWAR
shown to the witness, who correctly identify the same. Knife is
Digitally signed by
now Ex P-1 and raxine cover is now Ex P-2.” POOJA TALWAR
Date: 2026.02.23
13:08:38 +0530
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 22 of 56
FIR no.324/15
(x) PW12: Inspector Mahesh Kumar deposed that on 16.06.2015
he reached the spot i.e. under the Janakpuri flyover,near District
Centre where ASI Surti Ram, Inspector Vinod Kumar met him.
At the instance of ASI Surti Ram he took rough notes and
measurements of the spot. On the basis of those rough notes and
measurements he prepared scaled site plan Ex.PW12/A bearing
his signatures at point A. He handed over the same to the IO and
destroyed the rough notes.
(xi) PW16: HC Rakesh Kumar deposed that on 03.04.2015 at the
instance of Inspector Vinod he took hte accused Deepak to DDU
hospital for blood sample at PS and he was instructed to preserve
the blood sample of accused Deepak from DDU hospital.
(xii) PW18: SI Devender Singh deposed that on 02.04.2015, he
was posted at Crime Team West District as Sub Inspector and
was working as In-charge. Crime Team. On that day, he received
message from Control Room, West District. He alongwith Ct.
Amit Kumar (Photographer), ASI C.L. Meena (Fingerprint
Proficient) and driver went to the spot i.e. in front of District
Center, Janak Puri, under Flyover. He saw that blood was lying
in large quantity near the traffic light pole. There they met Ct.
Hari Singh, who informed him that injured was already taken to
the DDU Hospital. He inspected the spot and Ct. Amit Kumar
clicked photographs of the spot from different angles as per his
directions. At about 4.30 a.m., ASI/I.O. Surti Ram reached at the
spot. He prepared the Scene of Crime Report and handed over the
same to the I.O. In his report inadvertently time of examination POOJA
TALWAR
was mentioned as 3.30 p.m. 4.30 p.m., however it was 3.30 a.m
4.30 a.m. The aforesaid Scene of Crime Visit Report Ex.PW18/A Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 23 of 56 13:08:43 +0530
FIR no.324/15
bearing his signature at point ‘A’.
(xiii) PW22 Sh Surti Lal Retired ASI deposed that:
“On 02.04.2015, I was posted as ASI at PS Vikas Puri. On
that day, I received DD entry no. 5A regarding quarrel.
Thereafter I along with Ct Hari Singh went to the spot i.e. infront
of District Center, Janakpuri, under the bridge. There was blood
on the ground on the spot. I came to know that the injured had
already been shifted to DDU Hospital. No eye witness was found
at the spot. Thereafter I went to DDU Hospital leaving behind Ct
Hari Singh on the spot. In the hospital I collected the MLC of the
victim and as per doctor the victim was unfit for statement. NO
eye witness was found in the said hospital. In the meantime I
received a call from the duty officer PS Vikas Puri and he told
me that the eye witness the incident in question had arrived in the
PS Vikas Puri along with one other boy. I had called the crime
team also. Thereafter I went to the spot. Crime team also arrived
at the spot. I collected the exhibits from the spot including blood,
blood stain earth and earth control and the cover of knife.
I had sealed the said exhibits with the seal of SR. I
seized the pullandas containing blood, blood stain earth and earth
control vide seizure memo already Ex.PW13/C bearing my
signature at point B. I seized the said cover of knife also on the
spot vide seizure memo now Ex.PW22/A bears my signature at
point A.
Crime team staff clicked the photograph of the spot.
I recorded the statement of the crime team staff. I prepared the
site plan which is now Ex.PW22/B bears my signature at point POOJA
TALWAR
A. I do not remember what else I did on the spot due to the
injuries sustained by me on my head in an accident. Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
13:08:49 +0530
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 24 of 56
FIR no.324/15
From the spot I went to the police station and there I
recorded the statement of the eye witness namely Kuldeep.
Kuldeep had apprehended one boy whose name was revealed as
Kamil and he had disclosed his age as 17 years and some
months. On the statement of Kuldeep I prepared the rukka.
Statement of Kuldeep which is already Ex.PW13/A was recorded
by me and I attested the same at point C. The rukka prepared by
me is now Ex.PW22/C bearing my signature at point A.
Kuldeep told me that the motorcycle of accused persons
was lying behind MTNL office near District Center. Thereafter I
along with Ct Hari Singh went there and one motorcycle was
found there. I do not remember the registration of said
motorcycle. I brought the said motorcycle to the police station
and the deposited the same in the malkhana. I had also deposited
the blood, earth control and blood stain earth control and the
cover of knife in the malkhana.
I had given the rukka to Ct Hari Singh and Ct Hari Singh
handed over the same to the duty officer, who registered the FIR
on the basis of the rukka and thereafter he handed over the copy
of FIR and original rukka to Ct Hari Singh and he handed over
the same to me.
SHO PS Vikas Puri directed JWO SI Sandeep to take that
boy to PVR complex Vikas Puri and accordingly, JWO took that
boy to PVR complex. We were directed to wear civil clothes. In
the meantime information was received from the hospital that the
victim had expired. Thereafter further investigation was marked
to Inspector Vinod. I handed over all the relevant documents to
Inspector Vinod. Thereafter I along with Inspector Mahesh went
POOJA
to Jai Prakash Narain Hospital Mortuary and there relatives of TALWAR
the deceased were found present. After the identification of the Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 25 of 56 13:08:56 +0530
FIR no.324/15
body of the victim through his relatives, postmortem was got
conducted and after the postmortem body of the victim was
handed over to the relatives of the victim.
The JCL Kamil was interrogated and later on he was also
taken to hospital where his medical examination was got
conducted. I do not remember the anything else.
At this stage, Ld APP for the State seeks permission to
cross-examine the witness as he is not disclosing complete facts.
Heard and allowed.
Xxxxx by Ld. APP for the State.
It is correct that when I had gone to DDU hospital first
time, there I had received the information that eye witness
Kuldeep had arrived in the PS and thereafter I went to the police
station Vikas Puri and there I recorded the statement of eye
witness Kuldeep and after preparation of rukka, I handed over
the same to the duty officer for registration of FIR. Vol: earlier I
could not recollect the said facts due to the reason that about 2-3
years ago I sustained head injury in an accident. It is correct that
at the instance of eye witness Kuldeep the motorcycle bearing
no. DL 6SAF 2135 Bajaj Pulsar was seized by me from the front
side of Janakpuri Authority vide seizure memo already
Ex.PW13/B bearing my signature at point B. It is correct that
after the inspection of the spot, that crime team handed over the
inspection report to me and I recorded the statement of crime
team staff. It is correct that I prepared the site plan at the instance
of eye witness and in the meantime Ct Parmod came to the spot
and handed over the original rukka and copy of FIR to me and I
recorded the statement of Ct Parmod and then thereafter I
POOJA
collected the blood, blood stain earth and earth control and made TALWAR
pullandas and sealed with the seal of SR. Seal after use was Digitally signed
by POOJA
TALWAR
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 26 of 56 Date: 2026.02.23
FIR no.324/15 13:09:21 +0530
handed over to Ct Hari Singh. It is correct I had recorded the
supplementary statement of eye witness Kuldeep and that I
directed Ct Hari Singh to take the said motorcycle to the police
station and I myself went to the DDU Hospital and that in the
hospital doctors handed over two sealed pullandas to me, one of
which was containing one baniyan, one shirt and one pant of the
victim and another pullanda was containing the cover of knife
(kirpan) and that seal of CMO DDU Hospital was there on the
said pullandas and that one sample seal was also given to me at
that time and that I seized the same vide seizure memo
Ex.PW22/A and that from I went to the police station and there I
deposited above seized case property/pullandas to the malkhana.
It is correct that Inspector Vinod Kumar, JWO SI Sandeep, Ct
Hari Singh and myself took that said boy namely Mohd Kamil to
PVR Complex Vikas Puri and that at that time we all were in
civil dress and that father of that boy was also called to PVR
Complex Vikas Puri and that after interrogation, Inspector Vinod
recorded his statement which is now Mark PW22/1 bearing my
signature at point A. It is correct that there was blood on the
clothes worn by that boy and that his shirt, baniyan and jeans
pant were seized by the IO Inspctor Vinod vide seizure memo
already Ex.PW11/A bearing my signature at point B and there
their clothes brought by the father of that boy were given to him.
After the apprehension of said boy, intimation was given to his
father about his apprehension and that the apprehension memo of
the said boy is now Mark PW22/2 bearing my signature at point
A. The application given by me to doctors for recording
statement of victim, is already Ex.PW5/B bearing my signature POOJA
TALWAR
at point B. It is correct that IO had sealed the clothes of the said
Digitally signed
boy with the seal of VK and the seal after use was given to me by POOJA
TALWAR
Date: 2026.02.23
13:09:28 +0530
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 27 of 56
FIR no.324/15
and that at the instance of said boy, the pointing out memo of the
place of occurrence was prepared by the IO which is already
Mark PW11/X2 bearing my signature at point B and that IO had
also prepared the personal search memo of that boy which is now
Mark PW22/3 bearing my signature at point A and that at the
time of medical examination of said boy in the DDU Hospital,
one another eye witness was found in the hospital and his name
was revealed as Gurpreet Singh and that IO recorded the
statement and that he identified Mohd Kamil as the boys who
had stabbed the victim with knife. It is correct that after the
postmortem of the body of the victim, doctor had given blood
sample of the victim in sealed condition along with the sample
seal to the Inspector Mahesh which were seized by the Inspector
Mahesh vide seizure memo Ex.PW22/D bearing my signature at
point A. All the seized case properties were deposited by the IO
in the malkhana. It is correct that on 16.06.2015 I was present
under the flyover infront of District Center Janakpuri and that
Inspector Mahesh Kumar, draftsman and other staff also arrived
there on the instructions of the IO and there at my instance, IO
prepared the rough note regarding the measurement of the spot
for the purpose of getting prepared scaled site plan.
At this stage 9 photographs already Ex.PW6/B1 to
Ex.PW6/B9 are also shown to the witness and after seeing the
said photographs, witness identified the same as the photographs
of the spot. Clarifications from the IO had already been done.
The material examination in chief of the witness has also been
done on the last date. ”
POOJA
(xiv) PW24: Insp. Sunil Gupta collected the FSL result and TALWAR
prepared the supplementary charge-sheet on declaration of Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 28 of 56 13:09:58 +0530
FIR no.324/15
accused Sharif Saifi as major and filed both the supplementary
charge-sheets before the court.
(xv) PW25: Insp. Vinod Kumar deposed that:
“On 02.04.2015 I was posted at PS Vikas Puri as ATO. On
that day further investigation of the present case was marked to
me. I collected the case file from ASI Surti Ram who was the
previous IO of the case. I came to know that the injured of the
present case namely Surender Singh had expired and that his
dead body was shifted to MAMC Mortuary. Section 302 IPC
was also added in the present case because of the death of
Surender Singh. ASI Surti Ram further informed me that one of
the accused of the present case was handed over by ERV vehicle
of Janakpuri to the then Duty Officer PS Vikas Puri. ASI Surti
Ram handed over the said accused to me. Upon cursory inquiry,
his name was revealed as MK(he was found to be a CCL). The
said CCL informed his age to be about 17 years and 10 months.
He was apprehended by preparing apprehension memo which is
already marked as Mark PW22/2 bearing my signature at point
B. Personal search of CCL was also carried out vide memo
already Mark PW22/3 bearing my signature at point B. Version
of the said CCL was also recorded vide memo already Mark
PW22/1 bearing my signature at point B. Social back ground
report of the said CCL was also prepared and separately filed
before the concerned JJB.
The copy of the same is already there on the judicial
record as is marked as PW24/A. The intimation of the POOJA
apprehension of the said CCL was given to his father. The TALWAR
intimation about the apprehension of the CCL was given to his Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
13:10:06 +0530
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 29 of 56
FIR no.324/15
father and the same is already marked as Mark PW11/X10. We
did the proceedings pertaining to Juvenile and he was produced
before the concerned JJB separately. On the same day we took
the said CCL to DDU hospital for medical examination, at the
hospital I met one of the eye witness of the present case namely
Gurpreet Singh @ Lalli. The said Gurpreet Singh informed me
that the deceased of the present case was sitting on the back seat
of the scooty alongwith Gurpreet. The said Gurpreet identified
CCL as the person who had stabbed the deceased of the present
case namely Surender. I recorded the statement u/s 161 CrPC of
the said Gurpreet.
On 02.04.2015, I alongwith JWO/SI Sandeep Yadav, SI
Rajbir Singh, Ct. Hari Singh and Ct. Vikas went to Keshav Pur
Mandi Picket in search of other co-accused persons of the
present case. Upon reaching the picket, we met one secret
informer who stated that the other accused persons of the present
case who were complicit with the CCL in the present case and he
further informed their name as Deepak Nirman, Mohd. Naeem,
Raja Nayyar and Mohd. Sarif Saifi would be found at factory of
the CCL MK at NA-1, First Floor, Gali no.5, Vishnu Garden,
Khyala, Delhi. We prepared a raiding party including secret
informer and the police officials who had arrived at the picket as
stated above.
We asked some independent public person to join the
investigation, however, they all refused to join the same and left
without disclosing their names and addresses. Thereafter the
raiding party proceeded towards the said address. Upon reaching
the said factory, we found four persons present in the premises of POOJA
the factory. Secret informer pointed out towards the said four TALWAR
persons and stated them to be the persons about whom he had Digitally signed
by POOJA
TALWAR
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13:10:12 +0530
FIR no.324/15
mentioned in his secret information and thereafter the secret
informer left the said place. We apprehended the said four
persons present in the factory premises. Upon cursory inquiry,
the name of the said four persons were revealed as 1. Deepak
Nirman @ Deepu, 2. Mohd. Naeem, 3. Raja Nayyar and 4.
Mohd. Sarif Saifi.
Accused Deepak and Mohd. Naeem informed their ages to
be approximately 22 years. Whereas Sarif Saifi and Raja Nayyar
informed their ages to be 17-1/2 years and 16 years respectively.
All these four persons disclosed about their involvement in the
incident in question. Accused Deepak and Mohd. Naeem were
arrested in the present case. Arrest memo of accused Deepak is
already Ex.PW11/B bearing my signature at point B. Personal
search of accused Deepak was carried out vide memo already
Ex.PW11/C bearing my signature at point B. Accused Mohd,
Naeem was arrested vide arrest memo already Ex.PW11/E
bearing my signature at point B. Personal search of accused
Mohd. Naeem was carried out vide personal search memo
already Ex.PW11/F bearing my signature at point B.
The remaining two CCLs were apprehended.
Apprehension memo of CCL RN is already marked as Mark
PW11/X2 bearing my signature at point B. The apprehension
memo of CCL SS is already marked as Mark PW11/X7 bearing
my signature at point B. Disclosure statement of accused Deepak
Nirman was recorded vide memo already Ex.PW11/D bearing
my signature at point B. The disclosure statement of accused
Naeem was recorded vide memo already Ex.PW11/G bearing my
POOJA
signature at point B. The version of CCL RN was recorded vide
memo already Ex.PW11/X4 bearing my signature at point B. TALWAR
The version of CCL SS was recorded vide memo already marked Digitally signed
by POOJA
TALWAR
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FIR no.324/15 13:10:31 +0530
as Mark PW11/X9 bearing my signature at point B.
Thereafter, both the accused Mohd. Naeem and Deepak
alongwith CCL were taken to the place of occurrence of incident
in question and the pointing out memo was prepared from both
the accused as well as both CCL. The pointing out memo of both
the accused Deepak and Mohd. Naeem is already Ex.PW11/H
bearing my signature at point B. The photocopy of the pointing
out memo by both CCLs is already marked as Mark PW11/X12
bearing my signature at point B. In the disclosure statement,
accused Deepak informed that he had thrown the knife used in
the commission of the offence in a park near district Center
Road, Janakpuri near BSES Office.
On 03.04.2015 I alongwith SI Rajbir Singh, SI Sandeep,
Ct. Hari Singh alongwith both accused persons as well as both
CCLs went to the aforesaid place i.e. Park near District Center
Road, Janakpuri near BSES Office. Upon reaching there at the
instance of accused Deepak, one knife was recovered from near
the wall of the park, the knife was found in a rack-seen cover at a
distance of approximately 10 steps from the wall of the park.
Upon checking the knife, blood stains were found on the said
knife. The accused Deepak further disclosed that this was the
same knife with which they had stabbed the deceased Surender.
Thereafter, I kept the said knife on a white paper and prepared
the sketch of the same. The sketch of the knife is already
Ex.PW11/I bearing my signature at point B. The total length of
the knife was 29 cm. The length of the blade was 19 cm and the
length of the handle of the knife was 10 cm. The maximum
width of the blade of the knife was 4 cm. There were brown POOJA
TALWAR
colour plastic patti fixed on the handle of the knife with the help
Digitally signed
of the rivets. There were four grooves to hold the knife. There by POOJA
TALWAR
Date: 2026.02.23
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FIR no.324/15
were four grooves in the blade of the knife as well. I kept the said
knife in the white colour cloth and prepared a pullinda and sealed
the same with the seal of VK. Seal after use was handed over to
ASI Rajbir Singh. The seizure memo of the knife was already
Ex.PW11/I bearing my signature at point B. The intimation
regarding the apprehension of CCL RN was given to his father
vide memo already marked as Mark PW11/X5 bearing my
signature at point B and intimation regarding the apprehension of
CCL SS was given to his father vide memo already marked as
Mark PW24/B bearing my signature at point A.
The JWO prepared the SPR report of the aforesaid two
CCLs and handed over the same to me. Thereafter, all the
accused persons as well as CCLs were sent for medical
examination. In the meanwhile, I alongwith SI Rajbir, JWO SI
Sandeep Yadav came back to PS Vikas Puri and we deposited
the case property in the malkhana.
Thereafter, I handed over the documents qua the deceased
to Insp. Mahesh Kumar for getting the postmortem done.
Thereafter, I alongwith SI Rajbir went to Tis Hazari Court. The
police staff brought both the accused persons to Tis Hazari Court
from the hospital. Both the accused persons were produced
before the concerned Court at Tis Hazari court in muffled face.
The accused persons were remanded to judicial custody. The
CCL were also got produced the residence of Ld. Member of JJB
Dr. Birmani. The CCLs were also got sent to observation home
of the concerned juvenile court. Thereafter we returned back to
PS.
Insp. Mahesh Kumar handed over to me one sealed POOJA
pullinda. It was mentioned that the said sealed pullinda was TALWAR
containing the blood sample of the deceased and the same was Digitally signed by
POOJA TALWAR
Date: 2026.02.23
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also accompanied by a sample seal and seizure memo. The said
seizure memo is already Ex.PW22/D. Thereafter HC Rakesh
Kumar produced blood sample of accused Deepak @ Deepu
alongwith sample seal. I seized the said blood sample by
preparing seizure memo which is already Ex.PW6/A bearing my
signature at point B. The said blood sample was having the seal
of CMO DDU Hospital.
Both the said sample alongwith sample seal were
deposited in the malkhana. I recorded the statement u/s 161
CrP.C of all the relevant witnesses. Thereafter I moved an
application of TIP of accused Deepak Nirman and Mohd.
Naeem. Both accused Deepak Nirman and Mohd. Naeem refused
to participate in the TIP. The TIP proceeding of accused Deepak
is already Ex.C-1. The TIP proceeding of accused Naeem is
already Ex.C-2. We also moved TIP application for the
identification of the CCLs. The initial TIP failed as eye witness
Gurpreet Singh could not identified the CCLs. Thereafter the
second TIP was moved and the eye witness Kuldeep Singh
identified both the CCLs in the TIP proceedings. I got the age
verification proceedings of all the three CCLs. I also got the
ossification test done for the age determination of the CCLs.
Thereafter on basis of the ossification test, one of the CCL
namely SS was declared as major by the juvenile court vide order
dated 13.07.2015. Thereafter I received the PM report of
deceased Surender. I got sent the exhibits of the present case to
FSL for expert opinion.
At this stage, it is submitted by the witness that he had got
recovered the clothes worn by CCL MK which were a blue shirt POOJA
TALWAR
having black spots and the said shirt was torn from the front side
Digitally signed
and white baniyan and black jeans. They all were having blood by POOJA
TALWAR
Date: 2026.02.23
13:11:09 +0530
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FIR no.324/15
stains on them. The seizure memo of the said clothes already
Ex.PW11/A bearing my signature at point C.
The witness further submits that he had also prepared the
site plan of the place from where the knife was recovered. The
site plan is Ex.PW24/C bearing my signature at point A.
Thereafter, I prepared the chargesheet qua the accused
persons who were major i.e. Mohd. Naeem and Deepak. I also
prepared PIR qua the CCLs and got the same filed before the
Concerned Court/JJB Board. Thereafter, I was transferred out of
PS Vikas Puri. The charge-sheet was already filed so I handed
over the supplementary file to the MHCR.
Accused Mohd. Naeem is exempted from personal
appearance for today and his identity is not disputed.
Accused Saifi and Deepak are present in the court today
and correctly identified by the witness.
I can identify the case property if shown to me.
At this stage, MHCM has produced one sealed pullinda
duly sealed with court seal. Same is opened with the permission
of the court. Upon opening the same, one knife is taken out.
Same is kept in a black colour racksin cover. The total length of
the knife was 29 cm. The length of the blade was 19 cm and the
length of the handle of the knife was 10 cm. The maximum
width of the blade of the knife was 4 cm. There were brown
colour plastic patti fixed on the handle of the knife with the help
of the rivets. There were four grooves to hold the knife. There
were four grooves in the blade of the knife as well. The same has
been shown to the witness who has correctly identified the knife
which was recovered from the park at the identification of the POOJA
TALWAR
accused Deepak. The knife is already Ex.P-1 alongwith racksin
cover already Ex.P-2 in testimony dated 11.10.2019 of PW-11. Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
13:11:24 +0530
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FIR no.324/15
MHCM also produced one sealed pullinda duly sealed
with the seal of JJB. Upon opening the same, one blue colour
shirt, one jeans and one baniyan are taken out. Same are having
blood stains on it. Same have been shown to the witness who
correctly identified the clothes as being recovered from the CCL.
The clothes are Ex. P-5(colly).”
7. In his statement under Section 294 Cr.P.C. accused
Deepak and Naeem admitted the TIP proceedings.
8. Statement of accused under Section 313 CrPC.
(i) Accused Deepak Nirman stated that he is innocent and falsely
implicated by police officials. He had been arrested at the instance of
JCL K as he had dispute regarding the payment of his work of jeans
cutting amounting to Rs.37-38 thousand which he had done for the
factory of Sh. Kallu, father of JCL K. He did not make the payment
and since he demanded his payment, they falsely implicated him in
the present case.
(ii) Accused Mohd. Naeem stated that he is innocent and falsely
implicated by police officials. He was present at his home on 01-
02.04.2015. He was called by the owner of the factory on the
intervening night of 01-02.04.2015 for some urgent work. He was not
aware that police officials were already present there and they falsely
implicated him in the present case and arrested him from there. He is
not involved in the present incident in any manner. He was unaware
of the fact that why police officials arrested him.
POOJA
(iii) Accused Sharif Saifi stated that he is innocent and falsely TALWAR
implicated by police officials because he is working in the factory of Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
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FIR no.324/15
Sh. Kallu, father of the JCL K. He used to reside in the said factory.
Police officials apprehended him from the factory and implicate him
in the present case falsely.
9. Defence Evidence:
(i) DW1: Sh. Sujeet Kumar Yadav deposed that:
“Today I came to court to depose that accused Deepak Nirman
@ Deepu was working with me as cutting master of jeans at
Raghuveer Nagar since 2014. Till date we both are doing the same
work at Raghuveer Nagar. Earlier Accused Deepak was doing the
work of cutting of jeans JCL ‘K’ and his father Sh. Kallu as they were
running the factory of jeans. As accused Deepak was demanding the
money in the sum of Rs.37-38 thousand from JCL ‘K’ and his father
Sh. Kallu for the work which he has done for them in my presence.
But they have not made the payment to accused Deepak Nirman.
Due to which quarrel took place between them. When the accused
Deepak was not coming for his work then I inquired from his parents
and they revealed that he has been falsely implicated by JCL ‘K’ and
his father Sh. Kallu in a false case and police has apprehended him
from his house. I also came to know that JCL ‘K’ was also
apprehended by the police in the present case.”
(ii) DW2: Sh. Wasim deposed that:
“I was working as a interior site supervisor at NSC
Interiors at Prashant Vihar. On 01.04.2015 I returned back from
my work at about 8.00 PM. Accused Mohd. Naeem worked at POOJA
Jeans factory. Accused Mohd. Naeem returned back on that day TALWAR
at about 10.30 PM. Thereafter, we ate food and watched TV. Digitally signed
by POOJA
TALWAR
Accused Mohd Naeem received a phone call from his factory Date: 2026.02.23
13:11:46 +0530SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 37 of 56
FIR no.324/15
owner about 11.00 pm. Accused Naeem was called to the factory
to do the overtime and complete the order pieces. Accused
Naeem started to leave for the factory from the house, I asked
from him as to where he was going to which Naeem replied that
he was called to the factory to complete the order pieces.
On the next day one person namely Shahrukh who was
working alongwith accused Naeem came to me and stated that
Naeem has been arrested by the police officials in the present
case. Shahrukh further stated that in the night some police
officials came to the factory at about 10.30 pm and had an
argument with the owner of the factory and thereafter the owner
called Naeem to the factory. Thereafter, I also got to know about
implication of accused Mohd. Naeem in the present case from
the PS.”
(iii) DW3 Mohd. Naeem deposed that:
“I am working at Jeans factory of Kallu and his son CCL
K. On 01.04.2015 I returned back from my work at about 10.30
PM. I spoke to my brother Wasim and thereafter we had dinner
together and we watched TV. After about 10.30 PM I received a
call from the factory and I was called to the factory to do
overtime and finish the pieces of jeans. I went to the factory at
about 11.00 pm. Over there I found police officials to be present
at the factory premises. The said police officials took me to PS
Vikaspuri for some questioning. I tried to question the police
officials about they were taking me to PS, they did not allow me
to speak and said that they would allow to go after some
POOJA
questioning. In the morning at the PS I was informed by the TALWAR
police officials that my name was included in the present case at
Digitally signed
the instance of CCL K and Kallu. I kept for crying and asked for by POOJA
TALWAR
Date: 2026.02.23
13:11:53 +0530
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FIR no.324/15
help, however, nobody came to my assistance and no one heard
what I had to say. At about 10.30 am my brother Wasim came to
the PS. I could only to see him but I was not allowed to meet my
brother. I was produced before the court, at the court I came to
know that I have been made an accused in the present case at the
instance of Kallu. Kallu implicated me in the present case in
order to save his son CCL K.”
Arguments on behalf of the State
10. Ld. Addl. PP for the State argued that PW13
Kuldeep Singh fully supported the story of prosecution and
identified the accused persons. His testimony is on the facts of
the case is corroborated with the testimony of PW17 Gurpreet.
Other prosecution witnesses including PW11 SI Sandeep, PW22
ASI Surti Ram and PW25 Inspector Vinod Kumar on the aspect
of arrest and recovery from the accused persons are sufficient to
prove the guilt of the accused persons. There is sufficient
evidence on record against the accused persons. They deserve to
be convicted.
Arguments on behalf of accused
11. Ld. defence counsels per contra argued that
prosecution failed to produce PW13 Kuldeep Singh in the
witness box for cross-examination hence his testimony cannot be
read against them. The other material witness PW17 Gurpreet
failed to identify the accused persons. The alleged recovery at the
instance of accused Deepak Nirman is tainted. There are
POOJA
discrepancies in the versions of three police witnesses i.e. PW11 TALWAR
SI Sandeep, PW22 ASI Surti Ram and PW25 Inspector Vinod Digitally signed
by POOJA
Kumar on the aspect of time and place of recovery. Prosecution TALWAR
Date: 2026.02.23
13:12:02 +0530
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FIR no.324/15
miserably failed to complete the chain of events, the benefit of
which accrues in favour of accused persons. They deserve to be
acquitted.
12. Defence counsel for accused Naeem argued that
PW13 Kuldeep specifically stated that Naeem was not present at
the time of incident. No other prosecution witness has deposed
anything against accused Naeem. He deserves to be acquitted.
Analysis of Law:
141. Unlawful assembly.–An assembly of five or more persons
is designated an “unlawful assembly”, if the common object of
the persons composing that assembly is–
First.–To overawe by criminal force, or show of criminal force,
11[the Central or any State Government or Parliament or the
Legislature of any State], or any public servant in the exercise of
the lawful power of such public servant; or
Second.–To resist the execution of any law, or of any legal
process; or
Third.–To commit any mischief or criminal trespass, or other
offence; or
Fourth.–By means of criminal force, or show of criminal force,
to any person, to take or obtain possession of any property, or to
deprive any person of the enjoyment of a right of way, or of the
use of water or other incorporeal right of which he is in
possession or enjoyment, or to enforce any right or
supposed right; or
Fifth.–By means of criminal force, or show of criminal force, to POOJA
TALWAR
compel any person to do what he is not legally bound to do, or to
Digitally signed
omit to do what he is legally entitled to do. by POOJA
TALWAR
Date: 2026.02.23
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FIR no.324/15
Explanation.–An assembly which was not unlawful when it
assembled, may subsequently become an unlawful assembly.
13. Rioting is defined under Section 146 IPC
punishment for which his defined under Section 147 IPC. Section
146 is reproduced herein under:
146. Rioting.–Whenever force or violence is used by an
unlawful assembly, or by any member thereof, in prosecution of
the common object of such assembly, every member of such
assembly is guilty of the offence of riotingSection 148. Rioting, armed with deadly weapon.–Whoever is
guilty of rioting, being armed with a deadly weapon or with
anything which, used as a weapon of offence, is likely to cause
death, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with
both.
Section 149 IPC: It is not necessary member of an unlawful
assembly to co act but once participation and sha common object
is proved every meml for the offence. Section 149 of the Indian
Penal Code (IPC) imposes vicarious liability on every member of
an unlawful assembly for crimes committed by any member to
achieve a shared goal. If 5+ people (unlawful assembly) commit
an offence while pursuing a common object, all members are
guilty, even if they didn’t personally commit the act.
Key Elements of Section 149 IPC:
Unlawful Assembly: There must be an assembly of five or more POOJA
TALWAR
persons.
Common Object: The offense must be committed to achieve a Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
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FIR no.324/15
shared objective known to all members.
Prosecution of Common Object: The crime must be committed to
further the shared goal or be something the members knew was
likely to be committed.
Constructive/Vicarious Liability: Every member at the time of
the offense is liable for the act, regardless of whether they
personally performed an overt act.
Key Aspects & Interpretation:
No Active Role Required: A person doesn’t need to physically
participate in the crime to be held guilty, provided they were part
of the unlawful assembly.
Knowledge of Likely Offence: If an offence is committed that
wasn’t the main goal but was “known to be likely” to be
committed during the pursuit of the common object, all members
are still liable.
5+ Persons Needed: The group must consist of at least 5 people,
although if more were involved but not all are identified, the
section still applies.
Distinction from Sec 34: While Section 34 (common intention)
requires a prior meeting of minds, Section 149 (common object)
only requires membership in an unlawful assembly with a shared
goal.
14. Murder is defined under Section 300 IPC and
punishment for murder is provided under Section 302 IPC.
(a) Section 302 of the IPC provides punishment for the grave
crime of murder. Murder is an act done to cause death or
POOJA
dangerous injury to some person, and body harm which it is TALWAR
known ought in all probability to cause death, or which by Digitally signed
by POOJA
TALWAR
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FIR no.324/15 13:12:22 +0530
reckless disregard of human life would in all probability cause
death. The keyword in this section is “intent” to cause death,
direct or indirect.
i) Intention to Cause Death: The pre- requisite for a criminal
offense to be classified under Section 302 IPC is that the
perpetrator should have an intention to kill the victim.
ii) Knowledge regarding the Possibility of Death: Although death
was not intended to happen, if on the part of the perpetrator
knowledge of the possibility that his act might lead to death
could be proved, then the offense would come within the scope
of murder.
iii) Extreme Rashness: When the act has been done with such
rashness that it would cause death almost certainly, then it would
be murder as per Section 302.
(iv) Sentence: The law under Section 302 provides for capital
punishment or life imprisonment in cases of murder. In addition
to the sentence, the fine may also be imposed based on the case at
hand.
15. I have heard the arguments advanced by all
concerned and have perused the records including documents
relied upon by the prosecution carefully.
POOJA
Observation of the Court: TALWAR
16. The proceedings in the present case were initiated Digitally signed
by POOJA
on the complaint Ex.PW13/A of Kuldeep Singh. He reiterated the TALWAR
Date: 2026.02.23
13:12:33 +0530
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FIR no.324/15
contents of his complaint in his deposition before the court that
accused persons Deepak Nirman, Mohd Naeem, Sharif Saifi, JCL
Raja Nayyar, JCL Mohd. Kamil and Ashok (since not arrested)
formed an unlawful assembly and in exercise of their common
object to cause injuries to Surender Singh committed his murder.
PW13 Kuldeep Singh and PW17 Gurpreet claim to have
witnessed the incident hence in order to prove the guilt of
accused persons their testimonies are required to be discerned
minutely.
17. It is a settled proposition of law that in order to
connect the accused persons for the offence of murder the chain
of circumstances should be complete in all respects and should
conclusively establish the guilt of accused. No room for
suspicion or doubt should be left which point towards the
innocence of the accused persons.
18. The prosecution has brought on record the chain of
circumstances which according to it point towards the guilt of the
accused persons.
19. Prosecution through the testimony of PW21 Dr.
Ashish Bute who conducted the postmortem of the body of
deceased Surender Singh proved on record that death was
homicidal. He opined that the cause of death was due to
hemorrhagic shock consequent upon stab injury which was
sufficient to cause death in ordinary course of nature.
POOJA
20. Prosecution in order to prove the offence of the TALWAR
accused persons relied upon testimonies of PW13 Kuldeep Singh Digitally signed
by POOJA
TALWAR
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13:12:43 +0530
FIR no.324/15
who deposed that on the date of incident at 12.30 am he saw 5-6
persons assaulting one Sardar with stone and knife. When he
tried to intervene he was threatened, he left the spot in fear. He
stood at a distance and observed that after stabbing the said
Sardar they tried to flee on pulsar motorcycle. He started chasing
them and succeeded in apprehending one of the accused.
Thereafter one Honda car reached there and the assailant was
taken in the said car.
21. This witness identified accused Deepak and Sharif
Saifi but failed to identify Mohd. Naeem.
22. The other witness examined by the prosecution is
PW17 Gurpreet who deposed that he accompanied deceased
Surender Singh at the time of incident. He reiterated the sequence
of events as deposed by PW13 Kuldeep Singh and stated that
since the accused persons were assaulting Surender Singh, he left
the spot on his scooty and waited at a distance. He saw public
persons gathered there. Being perplexed, he left the spot to
inform the cousin of deceased Surender Singh.
23. He categorically deposed that he could only see one
Kamil who had stabbed the deceased but was unable to see the
other three boys properly. In his cross-examination by Ld. Addl.
APP he stated that besides Kamil he identified one Raja Nayyar.
Upon pointing out by Ld. Addl. PP towards accused Deepak
Nirman, Mohd. Naeem and Sharif Saifi he stated that ” They are
POOJA
not the same persons who were involved in the aforesaid TALWAR
incident.” Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
13:12:53 +0530
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FIR no.324/15
24. As per the prosecution story besides these two
witnesses no other person witnessed the incident. Admittedly
PW13 Kuldeep Singh stood at a distance and observed the
incident. PW17 Gurpreet had a close encounter with the
assailants as he was present with deceased Surender Singh even
when they had an encounter with Kamil and one other boy at the
petrol pump. This witness failed to identify the accused persons
as the assailants who committed murder of Surender Singh.
PW13 Kuldeep Singh did not testify about the distance between
the place of incident and the place where he was stationed.
25. Undisputedly it was night time and the vision in the
night is restricted unless the person to be identified is at a very
close distance. In this case the person who had a close encounter
with the assailants of Surender Singh categorically stated that
accused persons were not the ones who committed the crime. Per
contra, Kuldeep Singh who had the occasion of looking at them
for barely few seconds or a minute identified the accused persons
as the ones who committed the crime.
26. In case the testimony of Kuldeep Singh besides the
identification is discerned, his evidence is mired in
inconsistencies. In his complaint Ex.PW13/A he stated that he
chased the assailants on his scooty, hit their motorcycle with his
leg due to which the three assailants fell down. He then caught
hold of the one of them who stabbed the deceased. Thereafter the
police vehicle reached there, took them to police station. Per
contra in his deposition before court he stated that the motorcycle POOJA
TALWAR
of the assailants slipped on the road and he apprehended one of
Digitally signed
them. Thereafter one Honda car reached there and took the by POOJA
TALWAR
Date:
2026.02.23
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 46 of 56 13:12:59 +0530
FIR no.324/15
assailant.
27. It is not explained as to which Honda car came at the
spot and took the assailant and how he reached the police station
too remains a mystery.
28. The police witnesses i.e. PW2 SI Om Prakash
deposed that he alongwith Ct. Rajveer reached the spot in the
emergency reserved vehicle and took the injured to DDU
hospital and at that time PW13 Kuldeep Singh and accused
Kamil were present at the spot. No evidence has been brought on
record by the prosecution to prove that how PW13 Kuldeep
Singh and accused Kamil reached the police station.
29. As per PW22 ASI Surti Lal that when he reached
the spot no eye witness was found there. He was informed by the
DO later on that the eye witness reached the Police Station
Vikaspuri alongwith one other boy. The inference that can be
best drawn from the aforesaid testimony is that PW13 Kuldeep
took accused Mohd. Kamil to the police station. Interestingly
PW13 Kuldeep does not say so and deposed that accused was
taken in one Honda car from the place where he had apprehended
him. He categorically denied the fact that police vehicle came
there or that he informed them that the assailant whom he had
caught had stabbed one person at District Center under the
flyover.
30. He admitted that police did not seize his scooty. It is
not explained that where he parked his scooty and how he POOJA
TALWAR
reached the police station alongwith the assailant whom he had
Digitally signed
by POOJA
SC No.57519/16 State. Vs. Deepak Nirman @ Deepu & Ors. Page : 47 of 56 TALWAR
FIR no.324/15 Date: 2026.02.23
13:13:05 +0530
allegedly apprehended.
31. In case the testimony of Gurpreet is discerned his
conduct appears to be unusual as instead of saving his friend
deceased Surender Singh he left the spot, thereafter instead of
calling the police at the first available opportunity he chose to
reach the cousin of deceased. His testimony is highly unreliable
as at one place he stated that he saw the assailants then says that
the police produced two boys who were on black scooty in the
hospital itself. One of the said boy was Kamil and the other boy
he could not see properly.
32. As per this witness two boys were produced by
police in the hospital and those two boys were present on black
scooty at the time of incident. Now as per the prosecution story
accused Kamil and PW13 Kuldeep Singh were brought by the
police. From the testimony of PW17 Gurpreet possibility of
PW13 Kuldeep Singh to be involved in the incident cannot be
ruled out as he too was on scooty which was not seized by the
police.
33. The only evidence brought on record against the
accused persons through the testimony of two eye witnesses is
identification of the accused persons by PW13 Kuldeep Singh in
court. The sole testimony of PW13 Kuldeep Singh without
further corroboration cannot form the basis of conviction of
accused persons. Hence the other evidence brought on record by
the prosecution would require scrutiny. POOJA
TALWAR
Digitally signed
by POOJA
TALWAR
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Date: 2026.02.23
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34. Prosecution tried to connect the accused persons
with the offence through the recovery of motorcycle, cover of
knife and knife itself which was used allegedly in the murder of
deceased Surender Singh.
35. It is alleged against the accused persons that the
knife used in the commission of offence was recovered at the
instance of accused Deepak Nirman @ Deepu from the park near
Janakpuri Transport Authority.
36. As per PW11 SI Sandeep the knife was found near
the wall of the said park in a rexine cover. The cover was
smeared with blood. IO took out the knife from the said cover
and prepared the sketch of the knife on white paper.
37. Per contra, it is deposed by ASI Surti Ram that the
cover of the knife was collected from the spot in the presence of
crime team. He seized the cover vide memo Ex.PW22/A.
38. IO/PW25 Inspector Vinod Kumar when entered the
witness box deposed that upon reaching the park near District
Centre at the instance of accused Deepak one knife in a rexine
cover was recovered. Upon checking the knife the same was
smeared with blood.
39. All the three aforesaid witnesses of recvoery have
given different versions with respect to recovery of the knife. As
per PW11 SI Sandeep the knife was recovered in a rexine cover POOJA
TALWAR
and only the cover was smeared with blood. As per PW22 ASI
Digitally signed
Surti Ram the rexine cover was recovered by him at the spot and by POOJA
TALWAR
Date: 2026.02.23
13:13:17 +0530
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FIR no.324/15
as per IO/Inspector Vinod Kumar PW25 the knife in the rexine
cover was seized by him and only the knife was blood stained.
40. Seizure memo Ex.PW22/A mentioned that one
cover of knife was recovered from the place of incident on
02.04.2015 by ASI Surti Ram and recovery memo Ex.PW11/I
would show that the knife alongwith rexine cover recovered at
instance of Deepak on 03.04.2015.
41. In view of the afore-said contradictory statements
the recovery of knife and rexine cover at the instance of accused
Deepak Nirman becomes doubtful.
42. Prosecution has also claimed to have recovered the
motorcycle allegedly used by the accused persons at the time of
commission of offence. As per PW10 HC Parmanand on
02.04.2015 ASI Surti Ram PW22 deposited one motorcycle
bearing registration no.DL6SAF-2135. As per ASI Surti Ram
PW22 he recorded the statement of eye witness Kuldeep PW13
in the police station where he informed him that one motorcycle
of accused lying behind MTNL office near District Centre. He
brought the motorcycle and deposited the same in the maalkhana.
43. Seizure memo Ex.PW13/B would show that
motorcycle was seized in the presence of witness Kuldeep Singh
PW13, however the witness in the deposition before the court
stated that “It is wrong to suggest that motorcycle was seized in POOJA
TALWAR
my presence.”.
Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
13:13:34 +0530
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FIR no.324/15
44. It is not understood that when the motorcycle was
already lying near the District Centre when Kuldeep PW13 and
accused Kamil were taken by the police then why the same was
not seized at that moment stands unexplained. Moreover, it is not
deposed by PW13 Kuldeep that he again went to the spot with
the police after his statement was recorded.
45. Even otherwise no witness has been brought on
record to prove in whose name the motorcycle was registered to
connect the accused persons with the said motorcycle.
46. From the evidence so brought on record recovery of
both knife with rexine cover and motorcycle does not inspire
confidence of this court.
47. Moreover, in order to use the alleged recovery to
bring it under the ambit of Section 27 Indian Evidence Act, the
recovery should have been shown from a place which was
exclusively within the knowledge of the accused. As has been
discussed above the recovery of knife is allegedly effected from a
park which is an open area within the view of public at large.
Hence it cannot be held that the same was within the exclusive
knowledge of accused at whose instance the recovery was
allegedly affected.
48. Not only the place of recovery is not covered under
the ambit of Section 27 of Evidence Act but the contradictory POOJA
statements with respect to recovery of rexine cover from the TALWAR
place of spot and the knife from the park in rexine cover appear Digitally signed
by POOJA
TALWAR
to be suspicious. Date:
2026.02.23
13:13:45 +0530
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49. There is no denial of fact that the blood on the
alleged recovered weapon of offence i.e. knife and the rexine
cover matched with that of the deceased, as per the FSL report
Ex.PW23/A. But unless recovery itself is proved beyond
reasonable doubt, the report alone would be inconsequential.
50. Moreover in this case both the IOs have given
different versions with respect to recovery of rexine cover and
the knife and also as per PW22 ASI Surti Ram the fact that the
rexine cover was smeared with blood is not mentioned. As per
PW25 Inspector Vinod Kumar only the knife was stained with
blood and not the cover. Further as per PW11 SI Sandeep the
rexine cover was blood stained. These contradictory statements,
despite a positive report from the FSL cannot be used against the
accused once the recovery in the manner it is affected is proved
beyond reasonable doubt.
51. Argument of defence counsel that the knife and
rexine cover were falsely planted after smearing the same with
the blood of deceased holds strength and cannot be discarded
altogether.
52. Besides the alleged recovery no other corroborative
evidence has been brought on record to prove the guilt of the
accused persons. Even the forensic evidence could be of no resort
to the prosecution. IO did not lift any footprints from the spot nor
POOJA
did he try to find the black scooty which was allegedly used by TALWAR
the accused persons at the time of commission of offence.
Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
13:14:00 +0530
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FIR no.324/15
53. Prosecution then tried to prove the motive to kill the
deceased through the testimony of PW17 Gurpreet who was
allegedly present with the deceased at the time of incident.
54. It is deposed by PW17 Gurpreet that on 02.04.2015
he went alongwith his friend Surender Singh (since deceased) to
the petrol pump where their scooty brushed aside a black colour
scooty carrying two persons. They had argument with the said
two boys during which deceased Surender Singh slapped one of
the boys. Around 11:30 pm those two boys came alongwith 2-3
other persons and started assaulting Surender Singh.
55. This witness failed to identify three accused persons
present in the court as the ones who were present at the time of
incident.
56. Beside this witness PW13 Kuldeep Singh who
claimed to have witnessed the incident at a distance deposed that
he saw 5-6 persons beating one Sardar. This witness though
identified two accused persons in court i.e. Deepak and Sharif
Saifi but categorically stated that accused Mohd. Naeem was not
among them.
57. None of the prosecution witness could depose with
certainty as to the numbers of persons present at the place of
incident. The number gains significance for deciding the offence
under Section 147/149 IPC.
58. The essential ingredients of an offence specified POOJA
TALWAR
under Section 149 IPC is that the offence must have been
Digitally signed
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TALWAR
FIR no.324/15 Date: 2026.02.23
13:14:08 +0530
committed by five or more persons who constituted an unlawful
assembly. Hence the prime requirement to name an assembly of
people as an unlawful assembly is atleast 5 persons should be
involved.
59. In the instant case as per Gurpreet PW17 there were
4 to 5 persons present at the time of incident and as per PW13
Kuldeep there were 5 to 6 persons. Prosecution failed to prove on
record that there were atleast 5 persons present to constitute an
unlawful assembly.
60. Though testimony of PW17 Gurpreet on the aspect
of motive behind fatal attack on Surender Singh and him by the
assailants may be proved but the fact that the fatal attack was
inflicted by the accused herein still cannot be said to be proved
beyond reasonable doubt.
61. As has been discussed in the preceding paragraphs
prosecution tried to prove the guilt of the accused through the
testimony of two alleged eye witnesses alongwith recovery of
weapon of offence at instance of one of the accused. In case the
testimonies of two eye witnesses is discerned it would reveal that
testimony of PW17 Gurpreet would be of no resort to the
prosecution at all as he failed to identify the accused persons in
the court and even otherwise his testimony does not inspire much
credence for the fact that his presence at the place of incident
itself is doubtful. His conduct of not calling the police or POOJA
defending his friend rather going to call his cousin do not inspire TALWAR
confidence and are against normal human conduct. Digitally signed
by POOJA
TALWAR
Date: 2026.02.23
13:14:33 +0530
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62. In so far as testimony fo PW 13 Kuldeep Singh is
concerned, though he identified two out of the three accused but
in case his testimony is scrutinized minutely the same too does
not appear to be fully reliable and trustworthy. One he out rightly
exonerated accused Naeem and secondly his identifying the
accused from a far of place during the night time is highly
doubtful. There are contradictions in his statement previously
recorded during investigation and his deposition before hte court
with respect to apprehending of one of hte accused and being
taken in one Honda Accord from the place where he allegedly
apprehended one of them. He has not explained as to where the
two accused Deepak Nirman and Sharif Saifi were present and
how they left the place of incident.
63. It has already been discussed in detail in the
preceding paragraphs how the prosecution failed to prove the
recovery of knife at the instance of accused Deepak Nirman,
there is absolutely no cogent evidence brought on record by the
prosecution to connect the accused persons with the offence.
64. The prosecution has not been able to prove that all
the facts so established are consistent only with the hypothesis of
the guilt of the accused. The prosecution has not been able to
establish a chain of evidence so complete so as to establish that it
was only the accused persons and nobody else who could have
murdered the victim. In view of the aforesaid discussion,
prosecution failed to prove the offence with which the accused POOJA
persons have been charged. Accordingly accused persons deserve TALWAR
to be acquitted under Section 302 IPC and Section 201 IPC. Digitally signed
by POOJA
TALWAR
Date:
2026.02.23
13:14:58 +0530
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FIR no.324/15
Conclusion:
65. In view of aforesaid findings, prosecution failed to
prove the guilt of the accused persons beyond reasonable doubt.
Accordingly accused Deepak Nirman @ Deepu, Mohd. Naeem
and Sharif Saifi are acquitted for commission of offence under
Section 147/149 IPC, Section 148/149 IPC and Section 302/149
IPC.
POOJA
Announced in the open court (POOJA TALWAR) TALWAR
on 23.02.2026 ASJ-01(FTC) West District,
Tis Hazari Court, Delhi Digitally signed by
POOJA TALWAR
Date: 2026.02.23
13:15:09 +0530
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FIR no.324/15
