State vs Sachin on 19 May, 2026

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    Delhi District Court

    State vs Sachin on 19 May, 2026

                                   IN THE COURT OF MS. SHIVALI BANSAL
                                    LD. ADDITIONAL SESSIONS JUDGE-02,
                                 DWARKA COURTS, S-W DISTRICT, NEW DELHI.
    
    
                          In the matter of: -
    
                                      State     Vs.    1. Sachin
                                                          S/o Sh. Satpal
                                                          R/o V.P.O. Khewra
    SHIVALI                                               P.S. Rai, District Sonepat,
    BANSAL                                                Haryana.
    Digitally signed by
    SHIVALI BANSAL
    Date: 2026.05.19
    16:13:31 +0530
                                                       2. Parvesh
                                                          S/o Sh. Satbir Singh
                                                          R/o V.P.O. Khewra
                                                          P.S. Rai, District Sonepat,
                                                          Haryana.
    
                                                       3. Sachin
                                                          S/o Sh. Inder Jeet
                                                          R/o V.P.O. Khewra
                                                          P.S. Rai, District Sonepat,
                                                          Haryana.
    
                                                       4. Vicky @ Pushkar
                                                          S/o Sh. Manoj
                                                          R/o H. No.RZ-105,
                                                          West Krishna Vihar,
                                                          Najafgarh, New Delhi.
    
                                                      5. Pawan Pandey
                                                         S/o Sh. Shesh Mani Pandey
                                                         R/o H. No.89,
                                                         East Krishna Vihar, Khaira Road,
                                                         Najafgarh, New Delhi.
    
                                                      6. Lagan Sharma (Since Deceased)
                                                         S/o Sh. Devki Nandan Sharma
                                                         R/o VPO Kheda Dabar,
                                                         Najafgarh, New Delhi.
    
    
    
                          FIR No. 421/2018.                                                Page No. 1
                          PS Chhawla                                        State Vs. Sachin & Others.
                                                         7. Pradeep @ Pradhan @ Boda
                                                          (PROCLAIMED OFFENDER)
                                                          S/o Sh. Shiv Narayan
                                                         R/o Plot No.102, Gali No.11,
                                                         Dabas Enclave, Rawta Mor,
                                                          Najafgarh, New Delhi.
    
                                                                           ........Accused Persons
    
                               Sessions Case No.                   55/19
    SHIVALI                    FIR No.                             421/2018
    BANSAL
    Digitally signed by        PS                                  Chhawla
    SHIVALI BANSAL
    Date: 2026.05.19
    16:13:30 +0530             CNR No.                             DLSW01-001077-2019.
                               Charge-sheet filed                  U/s 396/302/120B IPC & u/S
                                                                   25/27/54/59 Arms Act
                               Charges framed against accused U/s 396/302/34 IPC & U/s
                               Sachin S/o Satpal, Parvesh, Sachin 25/27 Arms Act
                               S/o Inderjeet, Vicky @ Pushkar,
                               Pawan Pandey and Lagan Sharma
                               Date of institution of case         11.01.2019
                               Date of case received to Sessions 22.01.2019
                               Court
                               Date of arguments                   16.05.2026
                               Date of judgment                    19.05.2026
                               Decision                            ACQUITTAL
    
    
                                                       JUDGMENT
    

    1. Accused persons are facing trial for commission of offences
    punishable U/ss. 396/302/34 of the Indian Penal Code, 1860
    (in short ‘IPC‘) & U/s 25/27 Arms Act.

    2. The case of the prosecution is that on 12.10.2018, DD No.
    28A was assigned to SI Prakash Kashyap, wherein it was
    recorded that a PCR call had been received regarding a firing
    incident in which 3-4 persons sustained injuries at

    SPONSORED

    FIR No. 421/2018. Page No. 2
    PS Chhawla State Vs. Sachin & Others.

    Corporation Bank, Khera Branch, Delhi. Upon receipt of the
    said information, SI Prakash Kashyap, accompanied by
    Constable Ram Swaroop, proceeded to the spot. On reaching
    the bank premises, they found a live cartridge lying near the
    main gate of the bank and noticed blood scattered on the
    floor. The glass pane of the Branch Manager’s cabin was
    found broken, and a fired cartridge shell was lying outside the
    SHIVALI said cabin. A pool of blood was also found inside the
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    bathroom. During the course of inquiry at the spot, it was
    Date: 2026.05.19
    16:13:29 +0530 revealed that one injured person, namely Santosh Kumar,
    who was working as a cashier, had been shifted to Vikas
    Hospital, Najafgarh, where he was declared “brought dead.”
    It further came to light that the deceased Santosh Kumar had
    sustained a gunshot injury on the back of his right shoulder.
    Thereafter, Inspector Aishvir Singh, along with other police
    staff, reached the spot. The Crime Team and the FSL Team
    were called, and both teams conducted their respective
    proceedings at the scene of occurrence.

    3. It is further the case of the prosecution that Sh. Prabhakar
    Kumar, Senior Manager of the aforesaid bank and
    complainant in the present case, made a statement to the
    police. In his statement, he stated that on 12.10.2018, he was
    on duty in the bank from 10:00 A.M. onwards along with
    other members of the bank staff, namely, Sh. Nitin (Assistant
    Manager), Sh. Santosh Kumar Sharma (Cashier-cum-Clerk),
    Sh. Praveen Kumar (Peon), Sh. Akhilesh Kumar (official),
    and Sh. Dev Narayan Mehto (Security Guard). According to
    the complainant, the functioning of the bank remained

    FIR No. 421/2018. Page No. 3
    PS Chhawla State Vs. Sachin & Others.

    normal and smooth until about 3:00 P.M., when three young
    boys entered the bank, one of whom was carrying a pistol in
    his hand. Immediately upon entering the bank, they started
    scuffling with the security guard, Sh. Dev Narayan Mehto. In
    the meantime, three more boys entered the bank, joined the
    others, and collectively overpowered the security guard and
    snatched his gun. Thereafter, all the said boys, who were
    SHIVALI armed with pistols, pushed aside two customers present in the
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    bank along with the security guard and forced them towards
    Date: 2026.05.19
    16:13:33 +0530 a corner near the cash counter. The remaining staff members
    were threatened with dire consequences at gunpoint and were
    directed to move inside the cabin. The complainant further
    stated that one of the assailants pointed a pistol at him and
    threatened him to remain seated. During the course of the
    incident, at the instance of the other assailants, one of them
    fired a gunshot, which struck Sh. Santosh Kumar, the cashier,
    on the back side of his right shoulder. Within a span of 2-3
    minutes, after committing dacoity of cash from the cash
    counter, all the assailants fled away from the bank.
    Thereafter, when the complainant came out of his cabin, he
    found Sh. Santosh Kumar lying in the staff bathroom in an
    injured condition. He immediately took him to Vikas
    Hospital, Najafgarh, where he was declared “brought dead.”
    Upon returning to the bank from the hospital and checking
    the cash, it was found that a sum of Rs. 3,00,000/- had been
    robbed by the dacoits. It also came to light that the dacoits
    had taken away the gun of the security guard and fled towards
    Kharkhari Canal on two motorcycles, one being a black

    FIR No. 421/2018. Page No. 4
    PS Chhawla State Vs. Sachin & Others.

    coloured Splendor and the other a yellow coloured
    motorcycle. The complainant further stated that one of the
    dacoits was wearing a helmet, while two of them had their
    faces muffled, which, however, got uncovered repeatedly
    during the commission of the offence, making their faces
    visible. All the assailants appeared to be in the age group of
    20 to 25 years, and the complainant stated that he would be
    SHIVALI able to identify them if produced before him. On the basis of
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    the statement of the complainant, FIR No. 421/18 under
    Date: 2026.05.19
    16:13:30 +0530 Sections 396/302/120B IPC and Sections 25/27/54/59 of the
    Arms Act was registered at Police Station Chhawla.

    4. During the course of investigation, suspicious persons were
    found roaming outside the bank. A bike Pulsar in abandoned
    condition, having registration No.DL9SAG8828 was found
    and the name of the owner of said bike got revealed as
    accused Pawan Pandey. Another bike of yellow colour, in
    abandoned condition, was also found at Ujwa Road which
    was parked with having no number plate at back side and
    with broken number plat at front side. On the basis of the
    chassis, engine number and then tracing the chain of
    purchasers, the said bike was found lastly to be purchased by
    accused Sachin son of Satpal. Accused Sachin son of Satpal
    made a disclosure statement and admitted his involvement in
    the crime. He also revealed that accused Parvesh and Sachin
    were also involved in the commission of offence of dacoity
    with him. Accordingly, all these accused persons were
    arrested. During interrogation, accused Lagan Sharma, Vicky
    and Pradeep @ Pradhan @ Boda were also found involved in

    FIR No. 421/2018. Page No. 5
    PS Chhawla State Vs. Sachin & Others.

    the crime and it revealed that all these persons had hatched a
    criminal conspiracy to commit dacoity in the bank with
    pistols. During investigation, site plans were prepared; case
    property/exhibits were collected and sent to FSL; and CCTV
    footages were procured of the alleged offence. On the basis
    of the investigation, the accused persons were charge-sheeted
    for commission of offences punishable under Sections U/ss.
    SHIVALI 396/302/120B/34 of the IPC & U/s 25/27/54/59 Arms Act.
    BANSAL
    Digitally signed by
    SHIVALI BANSAL

    5. Accused Pradeep @ Pradhan @ Boda was declared
    Date: 2026.05.19
    16:13:32 +0530 Proclaimed Offender vide order dated 17.2.2020.

    6. Vide order dated 5.8.2022, charge for offence punishable u/s
    396
    /302/34 IPC as well as u/s 25/27 Arms Act against
    accused persons Sachin son of Satpal, Parvesh, Sachin son of
    Inderjeet, Vicky @ Pushkar, Pawan Pandey and Lagan
    Sharma was framed to which they pleaded not guilty and
    claimed trial.

    7. It is relevant to mention here that after framing of charge and
    during the trial, accused Lagan Sharma expired on
    22.03.2026 and vide order dated 21.4.2026, the proceedings
    against him stood abated.

    8. To prove its case, prosecution examined 14 witnesses whose
    details are as hereunder:

    Prosecution Name of witness Description
    Witness No.
    PW-1 Prabhakar Kumar Branch Head of
    Corporation Bank, Kheda
    Branch
    PW-2 Pandit Rajeev Customer of the bank
    present during the incident
    PW-3 Akhilesh Kumar Official of the bank
    present during the incident

    FIR No. 421/2018. Page No. 6
    PS Chhawla State Vs. Sachin & Others.

                                   PW-4          Nitin                   Assistant Manager of the
                                                                        Bank present during the
                                                                        incident
                                  PW-5          Rakesh                  Sweeper who took out gun
                                                                        from drainage
                                  PW-6          Dr. Parvindra Singh     Conducted Post-mortem of
                                                                        the body of deceased-
                                                                        Santosh Kumar
                                  PW-7          Dr. J. Touthang         Proved MLC of security
                                                                        guard-Dev Narayan Mehto
    SHIVALI                       PW-8          Rajender Yadav          Customer of the Bank
    BANSAL                                                              present in the bank during
    Digitally signed by
    SHIVALI BANSAL
                                                                        the incident
    Date: 2026.05.19
    16:13:29 +0530
                                  PW-9          Praveen Kumar           Clerk of the Bank present
                                                                        during the incident
                                  PW-10         Dev Narayan Mahto Security Guard of the
                                                                        Bank present during the
                                                                        incident
                                  PW-11         Inspector Aishvir Singh Investigating Officer of the
                                                                        Case
                                  PW-12         Ins. Manmohan Singh Participated in the
                                                                        investigation of the case
                                  PW-13         SI Prakash Kashyap      Participated in the
                                                                        investigation of the case
                                  PW-14         Inspector Jagmohan      Participated in the
                                                                        investigation of the case
    

    9. PW1 Prabhakar Kumar (complainant) deposed that while he
    was posted as Branch Head of the Corporation Bank, Branch
    Khera, Najafgarh, on 12.10.2018 at about 3.00 P.M, a dacoity
    took place in the said branch in his presence. PW1, from his
    cabin, saw that few persons were manhandling Security
    Guard namely Dev Narayan Mehto and his gun was snatched
    by those persons. When PW1 stood and reached near the door
    of his cabin, a person threatened him to kill if he did not sit.

    PW1 along with two others officials present in his cabin, were
    made to sit on the floor. In the meantime, window pane of his
    cabin was broken and he also heard noise of a gun shot. After

    FIR No. 421/2018. Page No. 7
    PS Chhawla State Vs. Sachin & Others.

    few minutes, customers shouted that dacoits had left the bank.
    PW1 further deposed that dacoits had locked 4-5 of his staff
    members as well as one customer in the washroom. Cashier
    of the bank namely Santosh Kumar was found locked inside
    the washroom with bullet injury. PW1 made a call to the
    Police. Cashier Santosh Kumar was immediately taken to the
    hospital by PW1 but he was declared ‘brought dead’. After
    SHIVALI checking, it revealed that Rs.3.18 lakhs had been robbed by
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    dacoits from the bank. According to PW1, dacoits were 6 in
    Date: 2026.05.19
    16:13:34 +0530 number, one was wearing helmet while rest were wearing
    masks. Entire incident of dacoity took place in 4-5 minutes
    and PW1 had no time to identify any of those dacoits. During
    his testimony, PW1 proved following documents:

    S.No. Description of Document Exhibit
    Number
    1 Statement of PW1 Ex.PW1/A
    2 Site Plan Ex.PW1/B
    3 Seizure memo of one live and fired Ex.PW1/C
    cartridge
    4 Sketch of bullets Ex.PW1/D
    5 Seizure memo of one piece of floor Ex.PW1/E
    tile
    6 Seizure memo of blood stained floor Ex.PW1/F
    tile
    7 Seizure Memo of Blood gauze Ex.PW1/G
    8 Seizure memo of DVR of the CCTV Ex.PW1/H
    installed in the bank
    9 Seizure memo of duty roster of bank Ex.PW1/I
    and photocopy of RC of PW1’s car
    10 Attendance Ex.PW1/I-1
    11 Photocopy of RC of PW1’s car Ex.PW1/I-2
    12 Bank statement showing stolen Ex.PW1/J
    amount of Rs.3.18 lakhs

    FIR No. 421/2018. Page No. 8
    PS Chhawla State Vs. Sachin & Others.

    13 Cartridges Ex.P1
    14 Tiles Ex.P2 and
    Ex.P3
    15 DVR Ex.P4
    16 Pen Drive containing CCTV Footage Ex.P5
    17 Duty Register of relevant date Ex.PW1/K
    regarding car No. DL2C AX 1590
    18 Registration Certificate of Car Ex.PW1/L
    No.DL2C AX 1590
    SHIVALI
    BANSAL
    Digitally signed by

    10. As PW1 did not support the case of the prosecution qua
    SHIVALI BANSAL
    Date: 2026.05.19
    16:13:32 +0530
    identification of accused persons, he was cross-examined by
    Ld. Addl. PP for State wherein he stated that on 15.10.2018
    in the Police Station, he was shown accused Parvesh @ Lalu
    @ Kera and Sachin S/o Satpal and Police told him that these
    persons were amongst others who had committed dacoity in
    the bank. PW1 denied that he had identified them as robbers
    and was confronted with statement Ex.PW1/X1 in this regard
    but to no avail. He further deposed that on 18.10.2018, police
    brought accused Parvesh S/o Satbir, Sachin S/o Satpal and
    Vicky S/o Manoj; on 22.10.2018 accused Sachin s/o Inderjit
    and on 7.11.2018 accused Pawan Pandey (who allegedly shot
    the cashier Santosh Kumar Sharma), to Bank but PW1 denied
    the suggestion that he had identified them as
    dacoits/assailants who had committed dacoity in the bank as
    their masks got removed during the incident and their faces
    became visible. PW1 was confronted with statement dated
    18.10.2018 (Ex.PW1/X-2), dated 22.10.2018 (Ex.PW1/X-3)
    and 7.11.2018 (Ex.PW1/X-4) in this regard but his testimony
    remained intact. PW1 denied the suggestion that he was not

    FIR No. 421/2018. Page No. 9
    PS Chhawla State Vs. Sachin & Others.

    identifying accused persons due to fear of his life of himself
    and also of his family members.

    11. In cross-examination by Ld. Counsel for accused persons,
    PW-1 stated that he saw a person snatching the gun from the
    guard. He admitted that bank does not allow persons entering
    the bank with covered face. PW1 did not remember the exact
    number of documents signed by him during investigation of
    SHIVALI the case. He even did not know which agency was
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    maintaining the DVR in respect of the CCTV footage. PW1
    Date: 2026.05.19
    16:13:28 +0530 did not know about certificate U/s 65B of the Indian Evidence
    Act and also could not tell number of currency notes robbed
    from the bank. He did not depute anyone to take care of crime
    scene before leaving for hospital. PW1 denied the suggestion
    that has made false complaint or that none of the allegations
    made in Ex.PW1/A are correct.

    12. PW-2 Pandit Rajeev, who was present in the bank being a
    customer, deposed that at about 3.00 P.M., he was standing at
    the deposit counter of bank to deposit cash. In the meantime,
    three persons entered the bank and one of them was having a
    pistol in his hand. They started manhandling the security
    guard. In the meantime, three more persons entered the bank
    out of two were also having pistols with them. One person
    was also having one black colour bag with him. PW2 also
    gave description of clothes worn by all of those persons. As
    per PW2, all the six persons snatched gun from the guard and
    made him, along with other customers, sit near the corner of
    the cash counter. One of the robber directed the Bank
    Manager to sit down threatening him to kill. One person

    FIR No. 421/2018. Page No. 10
    PS Chhawla State Vs. Sachin & Others.

    wearing black T shirt fired a gun shot towards cashier
    Santosh Kumar with his pistol on the instigation of other
    associates. Two robbers were standing at the entry gate; one
    of them was holding the snatched gun of security guard and
    said gun was also pointed out towards them. PW2 further
    deposed that within 2-3 minutes, dacoits ran away after
    committing dacoity in the bank along with gun of the security
    SHIVALI guard. After dacoity, PW2 noticed that cashier Santosh
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    Kumar was lying in the washroom in the pool of blood. He
    Date: 2026.05.19
    16:13:28 +0530 was taken to hospital by bank manager with the assistance of
    customer but he his life could not be saved. As per PW2, one
    robber was wearing helmet; five were in muffled faces and
    during the incident their faces turned unmuffled. Robbers
    were aged about 20-25 years. When CCTV footage of the
    dacoity was shown to the witness, though he identified
    himself in the said footage; he stated that due to lapse of time,
    he is unable to identify the persons who committed dacoity in
    the bank. Even when all the accused persons were pointed out
    and shown to PW2, he failed to identify them to be the
    persons involved in the incident of dacoity. This witness was
    declared hostile on the point of identification of accused
    persons and was cross-examined by Ld. Addl. P.P. for State.
    In his cross-examination, PW2 denied the suggestion that he
    is intentionally not identifying accused persons due to fear or
    being won over by them or their relatives. He voluntarily
    added that due to lapse of time, he is unable to identify
    assailants.

    FIR No. 421/2018. Page No. 11

    PS Chhawla State Vs. Sachin & Others.

    13. In his cross-examination by Ld. Defence Counsel for all the
    accused persons, PW2 stated that though he is having his
    account in the Corporation Bank but he did not remember his
    account number. He admitted that the persons who entered
    the bank were having masks on their faces and one of them
    was wearing helmet. PW2 denied the suggestion that incident
    did not take place in his presence.

    SHIVALI 14. PW-3 Akhilesh Kumar, an employee of the Bank, deposed
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    that on 12.10.2018 at about 3.00 P.M., three boys entered the
    Date: 2026.05.19
    16:13:30 +0530 bank. One of them was wearing yellow shirt and blue jeans;

    second one was in dark red shirt and white pant and was
    having a pistol in his hand; and third one was wearing a red
    shirt and light grey pant. All of them started scuffling with
    guard Dev Narayan Mehto. Meanwhile, three more persons
    entered the bank and attacked the guard. They snatched gun
    of the guard. The boy in blue shirt and black pant was wearing
    helmet on his head and was also having pistol in his hands.
    One boy wearing black T shirt was having a black colour bag
    and a pistol in his hand. Another boy who was in half sleeves
    shirt and light blue jeans was also having a pistol in his hand.
    The dacoits thrashed two customers and security guard in the
    corner near cashier counter. The boy in black T shirt pointed
    pistol towards the Manager and threatened him to sit
    otherwise he will shoot him. At the behest of other associates,
    the boy in black T shirt, shot cashier Santosh Kumar. Within
    2-3 minutes, dacoits looted the cash counter and fled away
    from the bank. PW3 further deposed that he found Santosh
    Kumar in the pool of blood in the bathroom. Sh. Prabhakar

    FIR No. 421/2018. Page No. 12
    PS Chhawla State Vs. Sachin & Others.

    Kumar shifted Santosh Kumar to the hospital where he was
    declared ‘brought dead’. It revealed that a sum of Rs.3 lakhs
    had been looted from the bank. Dacoits had fled away
    towards Kharkhari Nahar on two motorcycles out of which
    one was black colour Splendor and second bike was of yellow
    colour. One of the boy was wearing helmet and two were in
    muffled faces. Their face masks/clothes were getting down
    SHIVALI again and again due to which their faces got visible during
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    the incident. As per PW3, all the dacoits were aged about 20-
    Date: 2026.05.19

    16:13:34 +0530 25 years.

    15. PW3 further deposed that during investigation, Police along
    with three boys, came to the Bank on 18.10.2018 and told
    names of those three persons as Parvesh, Sachin S/o Satpal
    and Vicky. Police told PW3 that these three were the persons
    out of six, who had committed dacoity in the bank. Police
    asked PW3 to identify them but he could not identify them as
    assailants were wearing helmet and were in muffled faces on
    the day of incident. On 22.10.2018, Police brought Sachin
    S/o Inderjeet to Bank telling PW3 that he had committed
    dacoity in the bank with other persons but he also could not
    identify him. On 7.11.2018, Police brought Pawan Pandey
    stating the same fact but PW3 also could not identify him
    reiterating his same plea. PW3 deposed that he cannot
    identify the assailants in the court as faces of the assailants
    were muffled and one persons was wearing helmet. When
    CCTV footage (Ex.P5) of the incident of dacoity in the bank
    was played in the court and shown to the witness, he
    identified himself in the said footage but stated that as

    FIR No. 421/2018. Page No. 13
    PS Chhawla State Vs. Sachin & Others.

    assailants were wearing masks and one was in helmet, he
    cannot identify any of them.

    16. PW3 was cross-examined by Ld. Addl. PP for State as
    witness had not supported the case of the prosecution on the
    point of identification. Accused Parvesh, Sachin S/o Satpal,
    Vicky, Sachin S/o Inderjeet and Pawan Pandey were
    specifically pointed out in the court but witness after seeing
    SHIVALI them, still stated that he cannot identify them as assailants
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    had muffled their faces with helmet and cloth and, hence, he
    Date: 2026.05.19
    16:13:30 +0530 was not able to see their faces on the date of incident. PW3
    denied the suggestion that he had identified accused persons
    when they were brought to the bank by the Police to be the
    assailants who committed dacoity in the bank. PW3
    voluntarily added that names of those persons were told to
    him by Police. PW3 denied the suggestion that accused
    Parvesh along with other associates namely Sachin S/o Satpal
    and Vicky were having arms in their hands and threatened the
    bank staff and public persons. PW3 denied statement u/s 161
    Cr.PC (Mark PW3/A) recorded by Police in toto. PW3 denied
    that on 22.10.2018 he had identified accused Sachin S/o
    Inderjeet as one of the assailants as mentioned in statement
    (Mark PW3/B) or on 7.11.2018 he had identified Pawan
    Pandey as one of the assailants. PW3 denied statement u/s
    161
    Cr.PC (Mark PW3/C) in toto.

    17. PW3 was not cross-examined by Ld. Defence Counsel for
    any of the accused persons despite opportunity granted.

    18. PW4 Nitin, Asstt. Manager of the Bank, deposed on the same
    lines as deposed by PW3. He deposed that on 12.10.2018 he

    FIR No. 421/2018. Page No. 14
    PS Chhawla State Vs. Sachin & Others.

    was present in the bank with other staff and at around 3.00
    P.M., three boys entered the bank. PW4 gave the description
    of the clothes of the assailants. He further deposed that
    assailants snatched gun from the guard; one boy was in
    helmet and others had covered their faces and were having
    pistols in their hands. Assailants made bank staff and
    customers thrashed in the corner; one boy pointed pistol
    SHIVALI towards Manager and one of the assailant in black T-shirt
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    fired gun shot towards cashier Santosh Kumar who was
    Date: 2026.05.19
    16:13:31 +0530 declared ‘brought dead’ when shifted to the hospital.

    Assailants had looted Rs.3 lakhs from the bank and had fled
    away on two motorcycles, one of black and second of yellow
    colour, along with gun of the security guard. On 18.10.2018,
    22.10.2018 and 7.11.2018, accused persons were brought to
    the bank and were shown to this witness but PW4 could not
    identify them on the ground that one assailant was wearing
    helmet and others had muffled their faces. When CCTV
    footage of incident in Pen Drive (Ex.P5) was shown to him,
    though PW4 identified himself in the footage, he did not
    identify accused persons to be assailants and involved in the
    commission of dacoity in the bank taking the similar plea that
    one assailant was wearing helmet and rest were in muffled
    faces.

    19. PW4 was cross-examined by Ld. Addl. PP for State like PW1,
    PW2 and PW3, as this witness had also not supported the case
    of the prosecution on the point of identification. During this
    cross-examination, accused Parvesh, Sachin S/o Satpal,
    Vicky, Sachin S/o Inderjeet and Pawan Pandey were

    FIR No. 421/2018. Page No. 15
    PS Chhawla State Vs. Sachin & Others.

    specifically pointed out in the court and shown to the witness
    but PW4 after seeing them, still stated that he is unable to
    identify them as assailants had covered their faces with
    helmet and cloth and he could not see their faces on the date
    of incident. PW4 denied the suggestion that he had identified
    accused persons when they were brought to the bank by the
    Police to be the assailants who committed dacoity in the bank.
    SHIVALI PW4 voluntarily added that names of accused persons were
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    told to him by Police. PW4 denied the suggestion that
    Date: 2026.05.19
    16:13:34 +0530 accused Parvesh along with other associates namely Sachin
    S/o Satpal and Vicky were having arms in their hands and
    threatened the bank staff and public persons. PW4 denied
    statement u/s 161 Cr.PC (Mark PW4/A) recorded by Police
    in toto. PW4 further denied that on 22.10.2018 he had
    identified accused Sachin S/o Inderjeet as one of the assailant
    or on 7.11.2018 he had identified accused Pawan Pandey as
    one of the assailants in his statement (Mark PW4/B). PW4
    also denied statement u/s 161 Cr.PC (Mark PW4/C) in toto.

    20. PW4 was not cross-examined by all the Ld. Defence Counsel
    for accused persons despite opportunity granted.

    21. PW5 Rakesh deposed that he worked as Sweeper in Kheda
    Dabar Hospital and on 17.10.2018 at the instance of one
    Police Official namely Sudhir, he took out a gun from a
    drainage with the help of rope and shovel. PW5 Rakesh
    cleaned himself as well as gun with water. This witness
    correctly identified accused Vicky to be with the Police at the
    time of recovery of gun and correctly identified the said gun
    as Ex.P1.

    FIR No. 421/2018. Page No. 16

    PS Chhawla State Vs. Sachin & Others.

    22. PW5 was cross-examined by Ld. Defence Counsel for
    accused Lagan Sharma and Vicky wherein he stated that he
    had never seen accused Vicky in his life and had identified
    him only at the instance of Police. Photograph of accused
    Vicky was shown and he was asked to identify him in PS as
    well as in Court. This witness stated that his signatures were
    never obtained by the Police nor his statement was recorded.
    SHIVALI PW5 stated that he cannot say whether any videography or
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    photography of the recovery proceedings of gun (Ex.P1) was
    Date: 2026.05.19
    16:13:36 +0530 conducted. He further admitted that there was no specific
    identification mark on the recovered gun (Ex.P1) by which
    it can be identified.

    23. When PW5 resiled from his previous statement regarding
    identification of accused Vicky, Ld. Addl. P.P. cross-
    examined him during which he admitted that he had
    identified accused Vicky in the court on 12.11.2024 but
    clarified that he had done so at the instance of Police. He
    denied the suggestion that he had deposed falsely either due
    to the reason that he has been won over by accused persons
    or has been threatened by them. After his cross-examination
    by Ld. Addl. P.P., PW5 was not cross-examined by Ld.
    Counsel for accused persons despite opportunity granted to
    them.

    24. PW6 Dr. Parvindra Singh proved the post-mortem report of
    deceased Santosh Kumar as Ex.PW6/A and opined the cause
    of death due to hemorrhage and shock consequent to the
    injuries mentioned in Ex.PW6/A.

    25. In his cross-examination conducted by Ld. Defence Counsel,

    FIR No. 421/2018. Page No. 17
    PS Chhawla State Vs. Sachin & Others.

    PW6 stated that he had not removed clothes from the dead
    body. He also did not remember the name of the person who
    had assisted him in conducting the post-mortem.

    26. PW7 Dr. J Touthang proved the MLC of guard-Dev Narayan
    Mehto as Ex.PW7/A vide which nature of injuries was opined
    as ‘simple’. The patient was brought with alleged history of
    physical assault. In his cross-examination conducted by Ld.
    SHIVALI Defence Counsel, PW7 voluntarily stated that patient as well
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    as Constable Sanjay had informed him about the alleged
    Date: 2026.05.19
    16:13:35 +0530 history of physical assault.

    27. PW8 Rajender Yadav, deposed that on 12.10.2018 when he
    was present in Corporation Bank, two persons in muffled
    faces; one having gun in his hand, entered the bank and they
    snatched gun of the guard. They directed all the customers
    present in the bank to stand silent in a corner. PW8 stated that
    due to lapse of time, he is unable to tell about the clothes worn
    by said robbers. PW8 further deposed that thereafter 2-3 more
    persons, in muffled faces entered the bank. All bank staff
    entered into a room. A gun shot took place. Robbers looted
    cash and then fled away from the bank with gun of the guard.
    PW8 informed the bank staff about fleeing away of the
    robbers from the bank. PW8 came to know that one bank
    official had sustained gun shot injury who was immediately
    taken to a nearby Hospital by Manager of the bank.
    According to PW8, he was unable to identify any of the
    assailants as they were in muffled face and incident had taken
    place in few minutes.

    28. PW-8 was cross-examined by Ld. Addl. PP for State as he did

    FIR No. 421/2018. Page No. 18
    PS Chhawla State Vs. Sachin & Others.

    not support case of the prosecution on material aspects. In his
    cross-examination, PW8 stated that on 13.10.2018, his
    statement was recorded by the Police and he proved the same
    as Ex.PW8/A. He remained intact to the fact that at about
    3.00 PM, two boys and not three, had entered the bank. He
    again stated that he cannot comment on the clothes worn by
    the said assailants. PW8, however, admitted that first boy
    SHIVALI started scuffling with the guard of the bank and also gave
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    beatings to him. PW8 further admitted that thereafter three
    Date: 2026.05.19
    16:13:31 +0530 more boys entered the bank and one of them was wearing
    helmet. As per PW8, he cannot tell whether the person
    wearing helmet, was having pistol in his hand or not. This
    witness also could not state which of the boy was having bag.
    However, PW8 admitted that one of those assailants
    threatened, “Niche beth jaa nahi to goli maar denge “. The
    bank staff members did not sit and started running towards a
    room and at that time, one of the assailant fired which hit
    cashier of the bank namely Santosh Kumar. PW8 admitted
    that robbers had looted the cash within 2-3 minutes from the
    bank and then fled away. PW8 further admitted that age of
    assailants was around 20-25 years. PW8 denied that clothes
    from the faces of the assailants were getting off during the
    incident and he was able to see their faces. As per PW8, he
    was not sure that assailants were six, they might be five or
    six. He clarified that even if those assailants are shown to him
    with bare faces or with muffled faces, he will not be able to
    identify them as the incident had taken place very quickly and
    he was terrified. He stated that the fact mentioned in his

    FIR No. 421/2018. Page No. 19
    PS Chhawla State Vs. Sachin & Others.

    statement (Ex.PW8/A) that he saw the faces of assailants, is
    not correct. PW8 denied the suggestion that he has been
    deposing falsely being won over by accused persons or due
    to pressure or coercion imparted upon him by the accused
    persons.

    29. In his cross-examination by Ld. Defence Counsel, PW8
    voluntarily added that he had not stated in his statement
    SHIVALI (Ex.PW8/A) about the identification of the assailants before
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    the IO.

    Date: 2026.05.19

    16:13:32 +0530 30. PW9 Praveen Kumar was posted as clerk in the Corporation
    Bank, Branch Kheda who also deposed on the same lines as
    PW1, PW3 and PW4. PW9 deposed that on 12.10.2018 at
    3.00 PM, two persons caught hold of the gun of the guard at
    the gate of the bank. Thereafter, two more persons entered the
    bank. They set aside 3-4 customers present in the bank. The
    assailants were pointing guns towards them. Five officials of
    the bank present rushed towards the toilet of the bank.
    Manager of the bank was in his cabin. Cashier was the last
    person who entered the toilet and he had sustained gun shot
    injury. PW9 clearly stated that he cannot identify the
    assailants who entered the bank on the day of incident. When
    all the six accused persons were shown to this witness, he
    failed to identify them and stated that he could not recognize
    them as robbers had come with covered faces.

    31. PW9 was declared hostile and was cross-examined by Ld.
    Addl. PP for State, however, in his cross-examination, he
    denied the suggestion that he had seen one of the robber
    entering the bank with a pistol. He denied the suggestion that

    FIR No. 421/2018. Page No. 20
    PS Chhawla State Vs. Sachin & Others.

    assailants had threatened the staff at the gun point or one
    assailant snatched gun of the guard or when cashier was shot,
    he sat down due to fear. However, he admitted that robbers
    had committed robbery in the bank after which they fled
    away. Thereafter, it revealed that cashier Santosh Kumar had
    died. Manager told PW9 that around Rs.3 lakhs had been
    robbed from the bank. This witness denied the suggestion that
    SHIVALI face mask/cloth wrapped on the faces of robbers had slipped
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    from their faces during the incident and their faces became
    Date: 2026.05.19
    16:13:28 +0530 visible. PW9 was not aware whether dacoits fled away from
    the spot on two motorcycles. PW9 denied the suggestion that
    in his statement-Ex.PW9/A, he had stated that he could
    recognize the robbers if shown to him. He voluntarily stated
    that Police might have recorded this statement on their own.
    He denied the suggestion that during investigation he had
    identified accused persons when shown to him by the Police
    on different dates in the bank. He denied that he deposed
    falsely due to fear or pressure. This witness was not cross-
    examined by any of the Ld. Defence Counsel despite
    opportunity granted.

    32. PW10 Dev Narayan Mahto was posted as security guard in
    the Corporation Bank on the day of incident. He deposed that
    on 12.10.2018 at about 3.00 PM, two persons came inside the
    bank and caught hold of his gun. Thereafter, two more
    persons came at the gate and snatched his gun. At gunpoint,
    those persons forced the customers present in the bank to
    move aside. After seeing those persons, bank staff including
    cashier rushed to the toilet. Manager was still in his cabin.

    FIR No. 421/2018. Page No. 21

    PS Chhawla State Vs. Sachin & Others.

    PW10 was made to sit at the side of cash counter. Those four
    persons left the premises after looting the bank. Later, PW10
    came to know that cashier was shot by the robbers. According
    to this witness, he had not seen anyone shooting the cashier.
    PW10 further deposed that he cannot identify the persons
    who entered the bank on the day of incident. When accused
    persons were shown to him in the court, he failed to identify
    SHIVALI any of them. He further deposed that during investigation his
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    gun (Ex.PW10/2) was recovered which he got released on
    Date: 2026.05.19
    16:13:30 +0530 superdari vide order dated 29.11.2018 (Ex.PW10/1).

    33. PW10 was declared hostile and was cross-examined by Ld.
    Addl. PP for State. In his cross-examination, he admitted that
    he had seen pistols in the hands of 2-3 robbers entering the
    bank. PW10 denied that those persons threatened the staff at
    gun point or one of the boy had fired upon one bank official.
    Later he came to know that a sum of Rs.3 lakhs were looted
    from the bank and cashier Santosh Kumar had died. He
    showed ignorance that robbers had fled away on two
    motorcycles. He also denied that face masks/cloth wrapped
    on the faces of robbers had slipped from their faces during
    the incident and their faces became visible and they were seen
    by them. He further denied that he had identified accused
    persons when they were brought by the Police in the bank on
    different dates as the persons who had committed robbery in
    the bank. PW10 denied that he is deposing falsely due to fear
    or pressure. This witness was not cross-examined by any of
    the Ld. Counsel for accused persons despite opportunity
    granted.

    FIR No. 421/2018. Page No. 22

    PS Chhawla State Vs. Sachin & Others.

    34. PW11 IO Inspector Aishvir Singh deposed while being
    posted as SHO, PS Chhawla, on 12.10.2018, vide DD
    No.28A, he came to know that a firing incident had taken
    place in the Corporation Bank, Branch Khera Village.
    Accordingly, he reached there and came to know that Cashier
    Santosh Kumar had sustained bullet injuries and already
    shifted to Vikas Hospital by Bank Manager Sh. Prabhakar
    SHIVALI Kumar. Crime and FSL teams were called at the spot. One
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    live and one fired cartridge were found lying on floor. Blood
    Date: 2026.05.19
    16:13:33 +0530 was also scattered on the floor. SI Prakash Kashyap, who had
    gone to Vikas Hospital, informed him that Cashier Santosh
    Kumar was declared ‘brought dead’ by the doctor. PW11
    carried out the investigation and prepared site plan
    (Ex.PW1/B). PW11 further deposed that during inspection,
    one Pulsar motorcycle of black colour bearing regn. No.
    DL9SAG 8828 was found in abandoned condition near the
    bank. PW11 checked the CCTV footage and on the basis of
    the same deposed that three persons were seen entering the
    bank with weapons in their hands and they had started scuffle
    with guard. In the meantime, 3 more persons entered the bank
    and all of them, made two customers as well as the security
    guard sit in the corner near Cash Counter. Two robbers stood
    near the gate of the bank; one near customers and guard; one
    broke the glass of the cabin of Bank Manager and one person
    aimed towards bank officials rushing towards washroom and
    had fired. As per PW11, two boys out of six entered the cash
    counter, one was having black colour bag was him. The
    person carrying bag was the same person who had fired upon

    FIR No. 421/2018. Page No. 23
    PS Chhawla State Vs. Sachin & Others.

    the bank official. They looted the bank within 4-5 minutes
    and then fled away towards Kharkhardi Nahar Village on two
    motorcycles, one Apache (yellow colour) and another
    Splendor (black colour).

    35. PW11 further deposed that one Apache Motorcycle of yellow
    colour was found in abandoned condition near Bus Stand on
    Khera Dabar to Ujwa Village Road. CCTV footage showed
    SHIVALI two boys of the same description as seen in the bank CCTV
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    footage, were seen roaming in the street near bank on
    Date: 2026.05.19
    16:13:34 +0530 motorcycle, just prior to incident. One another motorcycle
    model Pulsar with missing number plates, was found in
    abandoned condition, and the same was found belonging to
    accused Pawan Pandey. On search, he was found missing
    from his home. The owner of Apache Motorcycle, which was
    also not having number plate, was searched and following the
    trail, Police came to know that lastly the said motorcycle was
    sold to accused Sachin son of Satpal. Accordingly, this
    accused was interrogated who disclosed that he along with
    Parvesh, Sachin son of Inderjeet, Lagan Sharma, Vicky,
    Pradeep @ Boda and Pawan Pandey had looted the bank in
    criminal conspiracy with one another. One by one, all the
    accused persons were arrested. Accused Sachin made
    disclosure statement that Apache Motorcycle bearing
    registration No.HR10P2278 belonged to him. Finger prints
    from the said motorcycle were lifted by the Crime Team.
    Accused Parvesh got recovered one pistol from the bushes
    near Apache Motorcycle. Accused Sachin son of Satpal also

    FIR No. 421/2018. Page No. 24
    PS Chhawla State Vs. Sachin & Others.

    got recovered one loaded countrymade pistol and one live
    cartridge.

    36. PW11 further deposed that on 15.10.2018 Bank Manager
    Prabhakar Kumar visited the PS and after seeing accused
    Parvesh and Sachin, identified them. Accused Parvesh got
    recovered his clothes worn by him during the dacoity. PW11
    deposed that on different dates, he showed all the accused
    SHIVALI persons to the bank officials in the bank and they had
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    identified them as persons who had committed dacoity in the
    Date: 2026.05.19
    16:13:34 +0530 bank and their statements in this regard were recorded. Case
    property ie DVR, 4 countrymade pistols etc were sent to FSL.
    PW11 correctly identified all the accused persons in the court.

    37. PW11 IO Inspector Aishvir Singh proved the following
    documents:

    S.No. Description of Document Exhibit
    Number
    1 Seizure memo of blood lifted in Ex.PW11/A
    gauze
    2 Seizure memo of DVR of Radha Ex.PW11/B
    Krishan Mandir
    3 Seizure memo of Pulsar Motorcycle Ex.PW11/C
    4 Arrest Memo of Sachin son of Ex.PW11/D
    Satpal
    5 Personal Search Memo of Sachin Ex.PW11/E
    son of Satpal
    6 Arrest Memo of Parvesh Ex.PW11/F
    7 Personal Search Memo of Parvesh Ex.PW11/G
    8 Seizure memo of cash and Samsung Ex.PW11/H
    Mobile Phone from accused
    Parvesh
    9 Disclosure Statement of accused Ex.PW11/I
    Parvesh
    10 Seizure memo of Apache Ex.PW1/J

    FIR No. 421/2018. Page No. 25
    PS Chhawla State Vs. Sachin & Others.

    Motorcycle No. HR10P2278
    11 Sketch of pistol recovered at the Ex.PW1/K
    instance of accused Parvesh
    12 Seizure memo of pistol belonging Ex.PW1/L
    to Parvesh
    13 Sketch of pistol recovered at the Ex.P11/L1
    instance of accused Sachin son of
    Satpal
    14 Seizure Memo of pistol recovered at Ex.PW11/L2
    SHIVALI the instance of accused Sachin son
    BANSAL of Satpal
    Digitally signed by
    SHIVALI BANSAL
    15 Pointing Out Memo of spot Ex.PW11/L3
    Date: 2026.05.19
    16:13:36 +0530
    and
    Ex.PW11/L4
    16 Pointing Out Memo of spot of Ex.PW11/L5
    abandoning Pulsar Motorcycle and
    prepared at the instance of accued Ex.PW11/L6
    Parvesh and Sachin
    17 Pointing out memo of house of Ex.PW11/L7
    Lagan Sharma made at the instance and
    of accused Parvesh and Sachin Ex.PW11/L8
    18 Pointing out memo of house of Ex.PW11/L9
    Pradeep made at the instance of and
    accused Parvesh and Sachin Ex.PW11/L1
    0
    19 Seizure Memo of clothes worn by Ex.PW11/M
    accused Parvesh

    20. Seizure Memo of clothes and shoes Ex.PW11/M1
    recovered at the instance of accused
    Sachin

    21. Seizure Memo of number plates of Ex.PW11/M2
    Apache Motorcycle Bearing regn
    No. HR10P2278 recovered at the
    isntance of accused Sachin son of
    Satpal
    22 Arrest Memo of accused Vicky Ex.PW11/M3
    23 Personal search memo of accued Ex.PW11/M4
    Vicky

    24. Disclosure statement of accused Ex.PW11/M5
    Vicky

    FIR No. 421/2018. Page No. 26
    PS Chhawla State Vs. Sachin & Others.

    25. Sketch of the gun of the guard of Ex.PW11/M6
    the bank
    26 Pointing out cum seizure memo of Ex.PW11/M7
    gun of guard recovered at the
    instance of accused Vicky

    27. Pointing out memo of house of Ex.PW11/M8
    accused Pradeep W Pradhan
    prepared at the instance of accused
    Vicky

    28. Pointing out memo of house of Ex.PW11/M9
    SHIVALI accused Lagan Sharma prepared at
    BANSAL
    Digitally signed by
    the instance of accused Vicky
    SHIVALI BANSAL
    Date: 2026.05.19 29. Pointing out memo of the place Ex.PW11/
    where Pulsar Motorcycle was left M10
    16:13:33 +0530

    by accused Pawan Pandey, prepared
    at the instance of Vicky

    30. Pointing Out Memo of spot ie Bank Ex.PW11/N
    prepared at the instance of accused
    Vicky
    31 Pointing Out Memo of spot from Ex.PW11/N1
    where Vicky had stolen Splendor
    Motorcycle
    32 Pointing out memo of spot where Ex.PW11/N2
    Splendor Motorcycle was left
    abandoned
    33 Sketch of the pistol recovered at the Ex.PW11/N3
    instance of accused Vicky
    34 Seizure Memo of pistol recovered at Ex.PW11/N4
    the instance of accused Vicky

    35. Pointing out of spot prepared at the Ex.PW11/N5
    instance of accused Pawan Pandey

    36. Pointing Out memo of place where Ex.PW11/N6
    Pulsar Motorcycle was left,
    prepared at the instane of accused
    Pawan pandey
    37 Pointing Out memo of house of Ex.PW11/N7
    accused Lagan Sharma, prepared at
    the instance of accused Pawan
    Pandey
    38 Pointing Out memo of house of Ex.PW11/N8

    FIR No. 421/2018. Page No. 27
    PS Chhawla State Vs. Sachin & Others.

    accused Pawan Pradhan, prepared at
    the instance of accused Pawan
    Pandey

    39. Seizure of cloth used for muffling Ex.PW11/N9
    the face during commission of
    dacoity, recovered at the instance of
    accused Pawan Pandey

    40. Pointing out Memo of place of Ex.PW11/
    recovery of Apache Motorcycle, N10 and
    recovered at the instance of accused Ex.PW11/N1
    SHIVALI Parvesh and Sachin son of Satpal 1
    BANSAL
    Digitally signed by
    41 Seizure Memo of Bullet Motorcycle Ex.PW11/O
    SHIVALI BANSAL
    Date: 2026.05.19
    No. DL1SAA9086
    16:13:28 +0530

    38. During his cross-examination by Ld. Counsel for accused
    Sachin son of Satpal, Parvesh and Pawan, PW11 deposed that
    beat staff Satyanarayan had informed him that Pulsar bike,
    found parked at road side in front of Jhor, belonged to
    accused Pawan Pandey. PW11 admitted that statement of
    Satyanarayan was not recorded in the present case. There is
    no public witness who had seen accused Pawan Pandey
    driving the said bike. There is no photograph of Pulsar bike
    parked outside the bank. There is no public person who had
    seen accused Pawan Pandey, Parvesh and Sachin son of
    Satpal entering or exiting the bank on the day of incident.
    PW11 denied the suggestion that accused persons have been
    falsely implicated in the present case.

    39. PW12 Inspector Manmohan Singh deposed that on
    13.10.2018, while being posted at PS Chhawla, he had joined
    the investigation of the present case with IO Inspector Aishvir
    Singh and other Police Officials. Accused Parvesh was
    caught near Shipra Mall Market with the help of his cousin

    FIR No. 421/2018. Page No. 28
    PS Chhawla State Vs. Sachin & Others.

    namely Anshu. This witness corroborated the testimony of
    PW11 qua investigation conducted on 13.10.18, 14.10.2018,
    17.10.2018, 18.10.2018 and 19.10.2018 as he was
    accompanying the IO on these days. PW12 further deposed
    that on 23.10.2018, he conducted the investigation of the
    present case as concerned IO was on leave. PW12 took
    accused Sachin son of Inderjit to his village Khewra, Sonipat
    SHIVALI and he led the Police Team to his house from where he got
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    recovered one countrymade pistols along with 2 live
    Date: 2026.05.19
    16:13:29 +0530 cartridges, one sky blue colour jeans and cash amount of
    Rs.55,500/- from the iron almirah lying at the first floor of
    his house. PW12 proved the following documents:

    S.No. Description of Document Exhibit
    Number
    1 Sketch of pistol and two live Ex.PW12/1
    cartridges recovered at the instance of
    Sachin son of Inderjit
    2 Seizure memo of pistol and live Ex.PW12/2
    cartridges recovered at the instance of
    Sachin son of Inderjit
    3 Seizure memo of cash of Rs.55,500/- Ex.PW12/3
    4 Seizure memo of blue jeans Ex.PW12/4
    5 Pointing out memo of spot prepared at Ex.PW12/5
    the instance of accused Sachin son of
    Inderjit
    6 Seizure memo of cloth piece used by Ex.PW12/6
    accused Sachin s/o Inderjit to muffle
    his face during dacoity
    7 Number Plates of motorcycle bearing Ex.PW12/
    registration No.HR10P2278 A-1 (colly.)

    40. Besides above, Ld. Defence Counsel did not dispute the
    identity of remaining case properties and, accordingly, the

    FIR No. 421/2018. Page No. 29
    PS Chhawla State Vs. Sachin & Others.

    identification of remaining case properties was dispensed
    with. During his cross-examination by Ld. Defence Counsel
    for accused Sachin son of Satpal, Parvesh and Pawan, PW12
    admitted that site plan of the place of arrest of accused was
    not prepared by IO in his presence. He further admitted that
    no signature of brother of accused Parvesh namely Anshu or
    any other public person was obtained on arrest memo of
    SHIVALI accused Parvesh. PW12 could not tell whether disclosure
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    statement of accused Parvesh was recorded at the spot or not.

    Date: 2026.05.19

    16:13:33 +0530 PW12 stated that he cannot tell whether the arrival and
    departure entry of 13.10.2018 were placed on the judicial file
    or not. This witness further admitted that no site plan of the
    spot of recovery of the broken number plate of the Apache
    motorcycle was made by the IO in his presence. He further
    admitted that there is no signature of any public person on the
    seizure memo of the broken number plate.

    41. PW-13 SI Prakash Kashyap deposed that on 12.10.2018,
    while being posted at PS Chhawla, he received DD No. 12A
    regarding firing in Corporation Bank, Kheda Branch. He
    along with Ct. Ram Swaroop reached the spot and found one
    live cartridge at the entrance of the bank, blood lying on the
    floor inside the bank, broken glass of the Manager’s cabin
    and one empty shell outside the cabin. On learning that the
    injured had been shifted to hospital, he left Ct. Ram Swaroop
    at the spot and proceeded to the hospital, where he obtained
    the MLC of the injured, who had been declared ‘brought
    dead’. SI Sumit also reached there and the dead body was
    shifted to RTRM Hospital. Thereafter, he returned to the spot

    FIR No. 421/2018. Page No. 30
    PS Chhawla State Vs. Sachin & Others.

    and met the SHO and other police officials. He recorded the
    statement (Ex. PW1/A) of the Senior Branch Manager
    Prabhakar Kumar and prepared rukka (Ex.PW13/A) on the
    basis of the statement. He further deposed that he called the
    Crime Team and FSL Team, which inspected the spot in his
    presence. The IO prepared sketches of the live cartridge and
    empty cartridge (Ex. PW1/D), and seized them vide seizure
    SHIVALI memo (Ex. PW1/C). He further stated that on the next day
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    post-mortem of the deceased was conducted. This witness
    Date: 2026.05.19
    16:13:30 +0530 further accompanied the IO to a place about 100 meters from
    Radha Krishan Mandir, where an abandoned motorcycle
    bearing No. 8828 was found and which was seized vide
    seizure memo (Ex. PW11/E). This witness was not cross-
    examined by Ld. Defence Counsel for all the accused persons
    despite opportunity granted.

    42. PW-14 Inspector Jagmohan, while being posted as PS
    Chhawla as SI, deposed that on 21.10.2018 the case file of
    the present case was handed over to him for further
    investigation. On receipt of secret information, he along with
    other Police Staff reached near Peeragarhi Metro Station
    where he arrested accused Sachin. On 6.11.2018, PW14
    formally arrested accused Pawan Pandey from the office of
    Special Staff. Accused Sachin as well as Pawan Pandey
    refused to participate in TIP Proceedings. On 16.11.2018,
    PW14 arrested accused Lagan Sharma also. PW14 proved the
    following documents:

    S.No. Description of Document Exhibit
    Number
    1 Arrest Memo of accused Sachin Ex.PW14/A

    FIR No. 421/2018. Page No. 31
    PS Chhawla State Vs. Sachin & Others.

    2 Personal Search Memo of accused Ex.PW14/B
    Sachin
    3 Disclosure Statement of accused Ex.PW14/C
    Sachin
    4 Seizure Memo of Rs.20,000/- Ex.PW14/D
    recovered from accused Sachin
    5 Arrest Memo of accused Pawan Ex.PW14/E
    Pandey
    6 Disclosure statement of accused Ex.PW14/F
    SHIVALI Pawan Pandey
    BANSAL 7 Arrest Memo of accused Lagan Ex.PW14/G
    Digitally signed by
    SHIVALI BANSAL
    Sharma
    Date: 2026.05.19
    16:13:32 +0530 8 Disclosure Statement of accused Ex.PW14/H
    Lagan Sharma
    9 Pointing out memo of Bank prepared Ex.PW14/I
    at the instance of accused Lagan
    Sharma
    10 Pointing out memo of spot where Ex.PW14/J
    looted money was shared among
    accused persons
    11 Seizure memo of bike No. Ex.PW14/K
    DL1SAA9086
    12 Pointing out memo of house of co- Ex.PW14/L
    accused Pradeep

    43. In his cross-examination conducted by Ld. Defence Counsel
    for accused Sachin S/o Satpal, Parvesh and Pawan Pandey,
    PW14 admitted that in the arrest memo-Ex.PW14/E it is not
    mentioned that accused Pawan Pandey was arrested from the
    office of Special Staff of Delhi Police. This witness further
    admitted that in murder case, investigation is carried out by a
    Police official at Inspector level.

    44. On 27.4.2026, at the request of Ld. Addl. PP for State
    witnesses mentioned at Sr. No. 7,8, 9, 10, 11, 24 to 32, 34,
    35, 40 to 43, 45, 46, 48, 51 were dropped from list of

    FIR No. 421/2018. Page No. 32
    PS Chhawla State Vs. Sachin & Others.

    witnesses as witnesses having similar testimony had already
    been recorded.

    45. In their statement recorded u/s 294 CrPC, accused persons
    namely Sachin S/o Inderjeet; Sachin S/o Satpal; Vicky;
    Parvesh and Pawan Pandey admitted the following
    documents:

    CHART OF ADMITTED DOCUMENTS
    SHIVALI
    BANSAL Document Description of Document
    Digitally signed by
    SHIVALI BANSAL Ex.PX1 FIR
    Date: 2026.05.19
    16:13:32 +0530
    Ex.PX2 Certificate U/s 65B of the Indian
    Evidence Act
    Ex.PX3 GD No. 28 dated 12.10.2018
    Ex.PX4 Dead body handed over memo
    Ex.PX5 Crime scene report
    Ex.PX-6. TIP proceeding of accused Sachin s/o sh.

    Inderjeet
    Ex.PX-7 TIP proceeding of accused Vicky
    Ex.PX-8 TIP proceeding of accused Pawan
    Ex.PX-9 TIP proceeding of accused Sachin s/o sh.

    Satpal
    Ex.PX-10 TIP proceeding of accused Parvesh
    Ex.PX-11 Report of Chance print in case DD No.
    28A dated 12.10/2018
    Ex.PX-12 Road Certificate No. 7/21/19
    Ex.PX-13 Acknowledgment slip of Bio
    Ex.PX-14 CAF and CDR of mobile no. 8851800650
    (Colly.) alongwith Certificate u/s 65 B
    Ex.PX-15 CAF and CDR of mobile no. 8447561824
    colly.) alongwith Certificate u/s 65 B
    Ex.PX-16 CAF and CDR of mobile no 8684020018
    (colly.) alongwith Certificate u/s 65 B

    FIR No. 421/2018. Page No. 33
    PS Chhawla State Vs. Sachin & Others.

    Ex.PX-17 CAF and CDR of mobile no. 8743071452
    (colly.) alongwith Certificate u/s 65 B
    Ex.PX-18 FSL report of Physics division of CCTV
    dated 28.06.2019
    Ex.PX-19 Seizure memo of document of Kavita
    hotel
    Ex.PX-20 The document of kavita Hotel
    Ex.PX-21 Photographs of hotel Kavita
    Ex.PX-22 FSL report of Ballistic Division dated
    SHIVALI 09.08/2019
    BANSAL Ex.PX-23 FSL report of Bio division along with
    Digitally signed by
    SHIVALI BANSAL
    Date: 2026.05.19
    Allelic data dated 30.01.2019
    16:13:35 +0530
    Ex.PX-24 FSL report of CO division dated
    31.05.2019 alongwith Certificate U/s 65 B
    IEA
    Ex.PX-25 FSL report of Ballistic division dated
    05.08.2019
    Ex.PX-26 Sanction U/s 39 Arms Act dated
    02.02.2019 and 28.08.2019
    Ex.PX-27 MLC No. 1041/18 of deceased Santosh
    Kumar Sharma

    46. In view of statement of accused persons recorded u/s 294
    Cr.PC, witnesses at serial number 14 to 18, 23, 33, 37, 38, 44,
    47, 49 and 50 and serial number 1 to 6, 9 & 10 from
    supplementary charge sheet were also dropped at the request
    of Ld. Addl. PP for State and on the submission of Ld. Addl.
    PP that no other witness remained to be examined,
    prosecution evidence was closed vide order dated 27.4.2026.

    47. Statement u/s 313 CrPC of accused persons Sachin S/o
    Satpal, Parvesh, Sachin s/o Inderjeet, Vicky @ Pushkar and
    Pawan Pandey were recorded, wherein accused persons were
    briefed on all the incriminating ocular and documentary

    FIR No. 421/2018. Page No. 34
    PS Chhawla State Vs. Sachin & Others.

    evidence to which they denied and further deposed that they
    are innocent and have been falsely implicated in this case.

    48. Final arguments were advanced by Ms. Rajesh Kumari, Ld.
    Addl. PP for the State; Sh. Prince Sharma, Ld. Counsel for
    the accused persons Sachin son of Satpal, Parvesh and
    Pawan; and Sh. Vipin Sehrawat, Ld. Counsel for accused
    Vicky, Sachin son of Inderjeet.

    SHIVALI
    BANSAL 49. Ld. Addl. PP for the State argued that the prosecution through
    Digitally signed by
    SHIVALI BANSAL public witnesses i.e. PW1 Prabhakar Kumar, PW2 Pandit
    Date: 2026.05.19
    16:13:37 +0530
    Rajeev, PW3 Akhilesh Kumar, PW4 Nitin, PW8 Rajender
    Yadav, PW9 Praveen Kumar and PW-10 Dev Narayan Mahto
    have proved that offences of dacoity and murder of cashier
    Santosh Kumar had taken place in the Corporation Bank,
    Kheda Branch on 12.10.2018. It is further contended that
    bank official witnesses had identified the accused persons
    before Police to be the persons who committed dacoity in the
    bank as their faces became visible during the incident but due
    to fear of life, they did not support the case of the prosecution
    qua their identification in the court. Ld. Addl. PP has
    furthered contended that other circumstances ie recovery of
    motorcycles used in the commission of offence; recovery of
    pistols from the possession of the accused persons; cloth
    piece used for covering their faces and the clothes worn by
    them during the incident match with the CCTV footage of the
    dacoity; and recovery of currency notes from the possession
    of accused persons; all these facts establish that these were
    the accused persons who had committed dacoity as well as
    murder of cashier Santosh Kumar in furtherance of their

    FIR No. 421/2018. Page No. 35
    PS Chhawla State Vs. Sachin & Others.

    common intention after hatching criminal conspiracy. PW11
    IO Aishvir Singh, PW12 Inspector Manmohan, PW13 SI
    Prakash Kashyap and PW14 Inspector Jagmohan have also
    supported the case of the prosecution. It is further contended
    that PW11 also identified accused persons to be the assailants
    involved in the commission of dacoity. CCTV footages show
    that these were accused persons who committed dacoity in
    SHIVALI the bank. Two motorcycles used in the commission of the
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    crime were found belonging to two accused persons. It is
    Date: 2026.05.19
    16:13:35 +0530 further argued that the fact discovered after recovery at the
    instance of accused persons is admissible u/S 27 of the Indian
    Evidence Act. It is argued that prosecution has proved its case
    beyond reasonable doubt against all the accused persons and,
    hence, all the accused persons should be convicted under all
    the Sections of law under which charges have been framed
    against them.

    50. Per Contra, Sh. Prince Sharma, Ld. Counsel for the accused
    persons Sachin son of Satpal, Parvesh and Pawan argued that
    the prosecution has miserably failed to prove its case against
    accused persons beyond reasonable doubt. To substantiate his
    point, he argued that none of the public witnesses have
    identified any of the accused persons to be assailants involved
    in the commission of bank dacoity and murder of cashier
    Santosh Kumar. Two motorcycles have been falsely planted
    upon the accused persons to show the present case as solved.
    It is also argued that the police officials have made a false
    case against the accused persons. It is further argued that
    investigation is faulty and there are major contradictions in

    FIR No. 421/2018. Page No. 36
    PS Chhawla State Vs. Sachin & Others.

    the testimonies of police witnesses. No public witness was
    joined at the time of recovery of bikes, as per prosecution
    story, allegedly to be used in the commission of crime. It is
    also argued that the prosecution story cannot be relied upon.
    Disclosure statements shown to have been made by accused
    persons, are not admissible under the law. Money shown to
    have been recovered at the behest of accused persons cannot
    SHIVALI be connected with the currency notes looted in the bank
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    dacoity as there is no detail of the serial numbers of the
    Date: 2026.05.19
    16:13:29 +0530 currency notes. Ld. Counsel also argued that since the
    prosecution has failed to prove its case against accused
    Sachin son of Satpal, Parvesh and Pawan beyond reasonable
    doubts, they should be acquitted under all sections of law
    under which charges have been framed against them.

    51. Similarly, Sh. Vipin Sehrawat, Ld. Counsel for accused
    Vicky, Sachin son of Inderjeet also argued that the
    prosecution has miserably failed to prove its case against
    these two accused persons beyond reasonable doubt and both
    the accused persons are liable to be acquitted in the present
    case.

    52. In the present case, besides sections 25/27 Arms Act, charges
    under Sections 396/302/34 IPC have been framed against the
    accused persons. These Sections have been elaborated as
    under:-

    “396. Dacoity with murder.–If any one of five or more
    persons, who are conjointly committing dacoity, commits
    murder in so committing dacoity, every one of those
    persons shall be punished with death, or imprisonment for
    life, or rigorous imprisonment for a term which may extend
    to ten years, and shall also be liable to fine..

    FIR No. 421/2018. Page No. 37

    PS Chhawla State Vs. Sachin & Others.

    302. Punishment for murder.–Whoever commits murder
    shall be punished with death, or imprisonment for life, and
    shall also be liable to fine.

    34. Acts done by several persons in furtherance of common
    intention.–When a criminal act is done by several persons
    in furtherance of the common intention of all, each of such
    persons is liable for that act in the same manner as if it were
    done by him alone.

    53. I have thoughtfully considered the arguments advanced,

    SHIVALI perused the material available on record, scrutinized the
    BANSAL evidence led by the prosecution and gone through the relevant
    Digitally signed by
    SHIVALI BANSAL
    Date: 2026.05.19 provisions of law.

    16:13:35 +0530

    54. In the present case, PW1 Prabhakar Kumar (Branch Head),
    PW2 Pandit Rajeev (customer), PW3 Akhilesh Kumar
    (official of bank); PW4 Nitin (Asstt. Manager of Bank), PW8
    Rajender Yadav (Customer), PW9 Praveen Kumar (official of
    bank) and PW10 Dev Narayan Mahto (Security Guard) have
    proved that an incident of dacoity and murder of cashier
    Santosh Kumar had taken place in the Corporation Bank,
    Kheda Branch but none of these witnesses identified any of
    the accused person to be involved in the commission of
    dacoity and murder in the Bank. All these witnesses have not
    supported the case of the prosecution qua identification of
    accused persons. Though in their statements before Police,
    these witnesses stated that during the incident of dacoity and
    murder, the cloth/masks worn by dacoits had put off from
    their faces and their faces became visible, however, in the
    court during their deposition, these witnesses in one voice
    deposed that all dacoits had covered their faces with
    masks/cloth and one was wearing helmet and that is why they
    could not see the faces of the dacoits and, hence, were not

    FIR No. 421/2018. Page No. 38
    PS Chhawla State Vs. Sachin & Others.

    able to say that dacoity and murder was committed by
    accused persons.

    55. The investigating agency tried to establish and connect the
    motorcycles to be used in the crime with the accused persons.
    However, PW11 IO Aishvir Singh admitted that no public
    witness was joined during recovery of both the motorcycles
    or their number plates. The clear connection between
    SHIVALI motorcycles allegedly stated to be belonging to accused
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    persons and its use before, during and after commission of
    Date: 2026.05.19
    16:13:28 +0530 dacoity and murder, could not be established. Even the
    currency notes, recovered at the instance of accused persons,
    could not be matched with the currency notes looted from the
    bank as no such witness to complete the chain of
    circumstances has been examined by the prosecution in this
    regard.

    56. It has come on record in the testimony of PW6 Dr. Parvindra
    Singh that cashier Santosh Kumar had died due to bullet
    injury in the gunshot fired by one of the assailant. However,
    there is nothing on record to show that the bullet was fired
    from any of the countrymade pistol recovered at the instance
    of any of the accused persons. Even otherwise, no public
    person was made a witness either to the recovery and seizure
    of both the motorcycles or to the recovery of countrymade
    pistols allegedly recovered at the instance of accused persons.

    57. So far as gun snatched from the security guard is concerned,
    PW5 Rakesh though initially deposed that accused Vicky was
    present with the Police at the time of recovery of gun from
    drainage near to Khera Khurd Hospital but later on in his

    FIR No. 421/2018. Page No. 39
    PS Chhawla State Vs. Sachin & Others.

    cross-examination conducted by Ld. Defence Counsel for
    accused Vicky, he stated that he had identified accused Vicky
    in the court at the instance of Police. He stated that
    photograph of the said person was shown to him and he was
    asked to identify him in the PS as well as in the Court. He
    also stated that he had never seen accused Vicky in his life. It
    has also come on record that there was no specific
    SHIVALI identification mark on the recovered gun (Ex.P1) by which it
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    could be identified. Despite his cross-examination by Ld.
    Date: 2026.05.19
    16:13:33 +0530 Addl. PP for State qua identification of accused Vicky, though
    he admitted that he had identified accused Vicky on
    12.11.2024 before this Court as the person who was in Police
    custody at the time of recovery of gun (Ex.P1), this witness
    volunatrily added that he had identified accused Vicky at the
    instance of Police and he had not seen accued Vicky prior to
    that day at the place of recovery. He denied the suggestion
    that he has been won over by accused Vicky or his family
    members or has been threatened by them.

    58. Even the investigation in the present case suffers from
    various infirmities. They are:-

    (a) Absence of public witnesses

    59. It is a well-settled proposition that non-joining of public
    witness shrouds doubt over the fairness of the investigation
    by police. No public witness was joined at the time of
    recovery of pistols or currency notes allegedly recovered at
    the instance of accused persons. Section 100(4) of Cr.P.C also
    casts a statutory duty on an official conducting search to join
    two respectable persons of the society. Same has not been

    FIR No. 421/2018. Page No. 40
    PS Chhawla State Vs. Sachin & Others.

    done in the present case. This casts a doubt on the fairness of
    the investigation. Reliance is placed on paragraph 6 of the
    judgment in Pawan Kumar Vs. The Delhi Administration,
    1989 Cri.L.J. 127, wherein the Hon’ble High Court of Delhi
    had observed as under:-

    “… According to Jagbir Singh, he did not join any public
    witness in the case while according to Kalam Singh, no
    public person was present there. It hardly stands to
    SHIVALI reason that at a place like a bus stop near Subhas Bazar,
    BANSAL there would be no person present at a crucial time like
    Digitally signed by
    SHIVALI BANSAL
    07.30 p.m. when there is a lot of rush of commuters for
    Date: 2026.05.19
    16:13:36 +0530
    boarding the buses to their respective destinations.
    Admittedly, there is no impediment in believing the
    version of the Police officials but for that the prosecution
    has to lay a good foundation. At least one of them should
    deposed that they tried to contact the public witnesses or
    that they refused to join the investigation. Here is a case
    where no effort was made to join any public witness
    even though number of them were present. No plausible
    explanation from the side of the prosecution is
    forthcoming for not joining the independent witnesses in
    a case of serious nature like the present one. It may be
    that there is an apathy on the part of the general public to
    associate themselves with the Police raids or the
    recoveries but that apart, at least the I.O. should have
    made an earnest effort to join the independent witnesses.
    No attempt in this direction appears to have been made
    and this, by itself, is a circumstance throwing doubt on
    the arrest or the recovery of the knife from the person of
    the accused.”

    60. This Court is, however, conscious that the prosecution case
    cannot be thrown out or doubted on the sole ground of non-
    joining of public witnesses as public witnesses keep
    themselves away from the Court unless it is inevitable, as has
    been held in Appabhai & Another Vs. State of Gujarat, AIR
    1988 SC 696.
    However, in the present case, it is not only the
    absence of public witnesses which raises a doubt on the
    prosecution but there are other circumstances too, as

    FIR No. 421/2018. Page No. 41
    PS Chhawla State Vs. Sachin & Others.

    discussed hereinafter, which raise suspicion over the
    prosecution version.

    (b) Departure entry not proved

    61. Police officials are under a statutory duty to mark their
    departure and arrival in the register kept in the police station
    for the purpose as per the Punjab Police Rules. It is relevant
    here to reproduce Chapter 22 Rule 49 of the Punjab Police
    SHIVALI Rules, 1934, which reads as under: –

    BANSAL
    Digitally signed by “22.49 Matters to be entered in Register No. II- The
    SHIVALI BANSAL
    Date: 2026.05.19
    following matters shall, amongst others, be entered: –

    16:13:29 +0530

    The hour of arrival and departure on duty at or from a
    police station of all enrolled police officers of whatever
    rank, whether posted at the police station or elsewhere,
    with a statement of the nature of their duty. This entry shall
    be made immediately on arrival or prior to the departure
    of the officer concerned and shall be attested by the latter
    personally by signature or seal.

    The term Police Station will include all places such as
    Police Lines and Police Posts where Register No. II is
    maintained.”

    62. Since public persons were not joined in the investigation, the
    departure entry of the aforesaid police official, who were
    allegedly on patrolling duty at the relevant time and had
    apprehended the accused with case property, becomes a vital
    piece of evidence. No departure entry is stated to have been
    made while going for the recovery of the bikes in the present
    case. No such daily diary entry regarding departure of police
    is, however, present on record. The prosecution has not
    brought on record any proof of the said entries, and the same
    is indispensable as the present case rests solely on the alleged
    recovery made by the aforesaid police officials.

    FIR No. 421/2018. Page No. 42

    PS Chhawla State Vs. Sachin & Others.

    63. Lastly, despite availability of CCTV footage, no steps were
    taken by the prosecution qua establishing identification of
    accused persons through any other mode. It has also not come
    on record that the currency notes allegedly recovered from
    the possession of the accused persons were the part of the
    money looted from the bank. The prosecution has mainly
    relied upon the evidence of public witnesses/bank
    SHIVALI officials/customers of the bank rather than scientific
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    evidence. No chance prints have been matched from the
    Date: 2026.05.19
    16:13:34 +0530 finger prints of the accused persons from the place of
    incident.

    64. The entire case of the prosecution is built upon the testimony
    of police witnesses in whose testimonies there are material
    inconsistencies. However, for conviction of accused persons
    it is essential that the prosecution proves its case beyond
    doubt. Upon close scrutiny of testimony of abovesaid
    witnesses, it is clear that except for police officials, there is
    no independent witness/public person, who had joined the
    investigation at the time of recovery of alleged weapons, at
    any point in time. There is no witness who had seen police
    officials recovering the bikes. There is no DD entry showing
    the departure time or arrival time of the police officials at the
    time of recovery and for carrying out investigation of the
    present case.

    65. All these casts doubt as to the manner of investigation and
    these contradictions and lacuna in the investigation gives
    indication of certain manipulation by the police officials for
    the reasons best known to them. There is no independent

    FIR No. 421/2018. Page No. 43
    PS Chhawla State Vs. Sachin & Others.

    recovery witness examined by the prosecution.

    66. It is a settled proposition of law that while the prosecution is
    required to prove its case beyond reasonable doubts, the
    defence of the accused persons has to be considered on the
    scale of preponderance of probabilities. The accused persons
    in the present case have been able to create doubt upon the
    story of the prosecution for which benefit has to be given to
    SHIVALI them. Accordingly, the accused persons are entitled to benefit
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    of doubt.

    Date: 2026.05.19

    16:13:36 +0530 67. To prove the prosecution case, the testimony of the
    prosecution witnesses must be reliable. It is not the quantity
    but the quality of the testimony of the witness that helps a
    court in arriving at a conclusion in any case. The test in this
    regard is that the evidence adduced by the parties must have
    a ring of truth. In a criminal trial, the prosecution has to prove
    the case beyond reasonable doubt and it is possible only when
    the testimony of prosecution witnesses is cogent, trustworthy
    and credible. To secure a conviction of accused, the testimony
    of the prosecution witness must be of sterling quality.

    68. In case titled as Rai Sandeep @ Deepu Vs. State (NCT of
    Delhi
    ), (2012) 8 SCC 21, it is held that: –

    “22. In our considered opinion, the “sterling witness”

    should be of a very high quality and caliber whose
    version should, therefore, be unassailable. The court
    considering the version of such witness should be in a
    position to accept it for its face value without any
    hesitation. To test the quality of such a witness, the status
    of the witness would be immaterial and what would be
    relevant is the truthfulness of the statement made by such
    a witness. What would be more relevant would be the
    consistency of the statement right from the starting point
    till the end, namely, at the time when the witness makes
    the initial statement and ultimately before the court. It
    should be natural and consistent with the case of the

    FIR No. 421/2018. Page No. 44
    PS Chhawla State Vs. Sachin & Others.

    prosecution qua the accused. There should not be any
    prevarication in the version of such a witness. The
    witness should be in a position to withstand the cross-
    examination of any length and howsoever strenuous it
    may be and under no circumstances should given room
    for any doubt as to the factum of the occurrence, the
    persons involved, as well as the sequence of it. Such a
    version should have corelation with each and every one
    of other supporting material such as the recoveries made,
    the weapons used, the manner of offence committed, the
    scientific evidence and the expert opinion. The said
    version should consistently match with the version of
    SHIVALI very other witness. It can even be stated that it should be
    BANSAL akin to the test applied in the case of circumstantial
    Digitally signed by evidence where there should not be any missing link in
    SHIVALI BANSAL
    Date: 2026.05.19
    the chain of circumstances to hold the accused guilty of
    16:13:36 +0530
    the offence alleged against him. Only, if the version of
    such a witness qualifies the above test as well as all other
    such similar tests to be applied, can it be held that such a
    witness can be called as a “sterling witness’ whose
    version can be accepted by the court without any
    corroboration and based on which the guilty can be
    punished. To be more precise, the version of the said
    witness on the core spectrum of the crime should remain
    intact while all other attendant materials, namely, oral,
    documentary and material objects should match the said
    version in material particulars in order to enable the court
    trying the offence to rely on the core version to sieve the
    other supporting materials for holding the offender guilty
    of the charge alleged.”

    69. Similarly, in case of Ramdas Vs. State of Maharashtra,
    (2007) SCC 170, it is held that: –

    “23.It is no doubt true that the conviction in a case of rape
    can be based solely on the testimony of the prosecutrix,
    but that can be done in a case where the court is convinced
    about the truthfulness of the prosecutrix and there exist
    no circumstances with cast of shadow of doubt over her
    veracity. It the evidence of the prosecutrix is of such
    quality that may be sufficient to sustain an order of
    conviction solely on the basis of her testimony. In the
    instant case we do not fine her evidence to be of such
    quality.”

    70. Thus, from the above said judgments, it is clear that the
    version of the witness should be natural one and it must
    corroborate the prosecution case. Such version must match

    FIR No. 421/2018. Page No. 45
    PS Chhawla State Vs. Sachin & Others.

    with the testimony of other prosecution witnesses. It should
    be of such a quality that there should not be any shadow of
    doubt upon it.

    71. In the instant case, prosecution witnesses had not inspired
    confidence and their evidence cannot be said to be of sterling
    quality.

    72. It is established principle of law that if two views are
    SHIVALI possible, the view favourable to the accused must be
    BANSAL
    Digitally signed by
    SHIVALI BANSAL
    accepted. The benefit of doubt must always go to the accused
    Date: 2026.05.19
    16:13:31 +0530 as the prosecution has to prove the case beyond reasonable
    doubt.

    73. The Hon’ble Apex court in Rang Bahadur Singh Vs. State of
    U.P.
    reported in AIR 2000 SC 1209 has held as follows: –

    “The timetested rule in that acquittal of a guilty person
    should be preferred to conviction of an innocent person.
    Unless the prosecution establishes the guilt of the ac-
    cused beyond reasonable doubt a conviction cannot be
    passed on the accused. A criminal court cannot afford to
    deprive liberty of the appellants, lifelong liberty, without
    having at least a reasonable level of certainty that the
    appellants were the real culprits.”

    74. In yet another decision in State of U.P. Vs. Ram Veer Singh
    and Another
    , 2007 (6) Supreme 164 the Hon’ble Apex Court
    has held as follows: –

    “The golden thread which runs through the web of ad-
    ministration of justice in criminal cases is that if two
    view are possible on the evidence adduced in the case,
    one pointing to the guilt of the accused and the other to
    his innocence, the view which is favourable to the ac-
    cused should be adopted. The paramount consideration
    of the Court is to ensure that miscarriage of justice is
    prevented. A miscarriage of justice which may arise
    from acquittal of the guilty is no less than from the con-
    viction of an innocent. In a case where admissible evi-
    dence is ignored, a duty is cast upon the appellate Court
    to reappreciate the evidence where the accused has been

    FIR No. 421/2018. Page No. 46
    PS Chhawla State Vs. Sachin & Others.

    acquitted, for the purpose of ascertaining as to whether
    any of the accused really committed any offence or not.”

    75. For the reasons stated above, this court is of the considered
    opinion that the prosecution has failed to prove the
    ingredients of offence punishable under Sections 396/302/34
    IPC or u/s 25/27 Arms Act against accused persons namely
    Sachin S/o Satpal, Parvesh, Sachin s/o Inderjeet, Vicky @
    Pushkar and Pawan Pandey beyond reasonable doubt.
    SHIVALI
    BANSAL 76. Accordingly in view of the aforesaid discussion, accused
    Digitally signed by
    SHIVALI BANSAL persons namely Sachin S/o Satpal, Parvesh, Sachin s/o
    Date: 2026.05.19
    16:13:31 +0530
    Inderjeet, Vicky @ Pushkar and Pawan Pandey are acquitted
    for commission of offences punishable U/ss.396/302/34 IPC
    as well as u/s 25/27 Arms Act. Their bail bonds are cancelled
    and sureties are discharged. Documents, if any, be returned to
    the sureties against proper acknowledgment.

    77. File be consigned to Record Room after due compliance.

    (SHIVALI BANSAL)
    Announced in the open ASJ-02, DWARKA COURTS,
    Court today on 19.5.26. S-W DISTRICT, NEW DELHI (SA)

    Annexures: 1. Chart of witnesses examined.

    2. Chart of exhibited documents.

    3. Chart of admitted documents.

    FIR No. 421/2018. Page No. 47

                             PS Chhawla                                             State Vs. Sachin & Others.
                                                          APPENDIX
    
                                              CHART OF WITNESSES EXAMINED
                                Prosecution       Name of witness             Description
                                Witness No.
                                PW-1          Prabhakar Kumar         Branch Head of
                                                                      Corporation Bank, Kheda
                                                                      Branch
                                PW-2          Pandit Rajeev           Customer of the bank
                                                                      present during the incident
    SHIVALI                     PW-3          Akhilesh Kumar          Official of the bank
    BANSAL                                                            present during the incident
    Digitally signed by
    SHIVALI BANSAL              PW-4          Nitin                   Assistant Manager of the
    Date: 2026.05.19
    16:13:28 +0530                                                    Bank present during the
                                                                      incident
                                PW-5          Rakesh                  Sweeper who took out gun
                                                                      from drainage
                                PW-6          Dr. Parvindra Singh     Conducted Post-mortem of
                                                                      the body of deceased-
                                                                      Santosh Kumar
                                PW-7          Dr. J. Touthang         Proved MLC of security
                                                                      guard-Dev Narayan Mehto
                                PW-8          Rajender Yadav          Customer of the Bank
                                                                      present in the bank during
                                                                      the incident
                                PW-9          Praveen Kumar           Clerk of the Bank present
                                                                      during the incident
                                PW-10         Dev Narayan Mahto Security Guard of the
                                                                      Bank present during the
                                                                      incident
                                PW-11         Inspector Aishvir Singh Investigating Officer of the
                                                                      Case
                                PW-12         Ins. Manmohan Singh Participated in the
                                                                      investigation of the case
                                PW-13         SI Prakash Kashyap      Participated in the
                                                                      investigation of the case
                                PW-14         Inspector Jagmohan      Participated in the
                                                                      investigation of the case
    
    
    
    
                          FIR No. 421/2018.                                                 Page No. 48
                          PS Chhawla                                          State Vs. Sachin & Others.
                                                  CHART OF EXHIBITED DOCUMENTS
    
                                 Proved     Description of Document              Exhibit
                                 by/atteste
                                 d by                                            Number
                                 PW1          Statement of PW1                   Ex.PW1/A
                                 PW1          Site Plan                          Ex.PW1/B
                                 PW1          Seizure memo of one live and fired Ex.PW1/C
                                              cartridge
                                 PW1          Sketch of bullets                  Ex.PW1/D
    SHIVALI                      PW1          Seizure memo of one piece of floor Ex.PW1/E
    BANSAL                                    tile
    Digitally signed by
    SHIVALI BANSAL               PW1          Seizure memo of blood stained      Ex.PW1/F
    Date: 2026.05.19
    16:13:35 +0530                            floor tile
                                 PW1          Seizure Memo of Blood gauze        Ex.PW1/G
                                 PW1          Seizure memo of DVR of the         Ex.PW1/H
                                              CCTV installed in the bank
                                 PW1          Seizure memo of duty roster of     Ex.PW1/I
                                              bank and photocopy of RC of
                                              PW1's car
                                 PW1          Attendance                         Ex.PW1/I-1
                                 PW1          Photocopy of RC of PW1's car       Ex.PW1/I-2
                                 PW1          Bank statement showing stolen      Ex.PW1/J
                                              amount of Rs.3.18 lakhs
                                 PW1          Cartridges                         Ex.P1
                                 PW1          Tiles                              Ex.P2 and
                                                                                 Ex.P3
                                 PW1          DVR                                Ex.P4
                                 PW1          Pen Drive containing CCTV          Ex.P5
                                              Footage
                                 PW1          Duty Register of relevant date     Ex.PW1/K
                                              regarding car No. DL2C AX 1590
                                 PW1          Registration Certificate of Car    Ex.PW1/L
                                              No.DL2C AX 1590
                                 PW1          Statement/complainant of PW1       Ex.PW1/X1
    
                                 PW1          Statement of PW1 dated 18.10.2018 Ex.PW1/X2
                                 PW1          Statement of PW1 dated 22.10.2018 Ex.PW1/X3
                                 PW1          Statement of PW1 dated 7.11.2018 Ex.PW1/X-4
    
                          FIR No. 421/2018.                                              Page No. 49
                          PS Chhawla                                       State Vs. Sachin & Others.
                                  PW6          Post-mortem report of deceased Ex.PW6/A
                                                   Santosh Kumar
                                 PW7          MLC of guard-Dev Narayan Mehto Ex.PW7/A
    
                                 PW8          Statement of PW8                  Ex.PW8/A
                                 PW9          Statement of PW9                  Ex.PW9/A
                                 PW10         Gun                               Ex.PW10/2
                                 PW10         Superdari order dated 29.11.2018 Ex.PW10/1
                                 PW11         Seizure memo of blood lifted in   Ex.PW11/A
    SHIVALI
    BANSAL                                    gauze
    Digitally signed by
    SHIVALI BANSAL
                                 PW11         Seizure memo of DVR of Radha      Ex.PW11/B
    Date: 2026.05.19
    16:13:35 +0530
                                              Krishan Mandir
                                 PW11         Seizure memo of Pulsar Motorcycle Ex.PW11/C
                                 PW11         Arrest Memo of Sachin son of      Ex.PW11/D
                                              Satpal
                                 PW11         Personal Search Memo of Sachin Ex.PW11/E
                                              son of Satpal
                                 PW11         Arrest Memo of Parvesh            Ex.PW11/F
                                 PW11         Personal Search Memo of Parvesh Ex.PW11/G
                                 PW11         Seizure memo of cash and Samsung Ex.PW11/H
                                              Mobile Phone from accused
                                              Parvesh
                                 PW11         Disclosure Statement of accused   Ex.PW11/I
                                              Parvesh
                                 PW11         Seizure memo of Apache            Ex.PW11/J
                                              Motorcycle No. HR10P2278
                                 PW11         Sketch of pistol recovered at the Ex.PW11/K
                                              instance of accused Parvesh
                                 PW11         Seizure memo of pistol belonging Ex.PW11/L
                                              to Parvesh
                                 PW11         Sketch of pistol recovered at the Ex.P11/L1
                                              instance of accused Sachin son of
                                              Satpal
                                 PW11         Seizure Memo of pistol recovered Ex.PW11/L2
                                              at the instance of accused Sachin
                                              son of Satpal
                                 PW11         Pointing Out Memo of spot         Ex.PW11/L3
                                                                                and
    
                          FIR No. 421/2018.                                             Page No. 50
                          PS Chhawla                                      State Vs. Sachin & Others.
                                                                            Ex.PW11/L4
                                 PW11 Pointing Out Memo of spot of         Ex.PW11/L5
                                      abandoning Pulsar Motorcycle         and
    

    prepared at the instance of accued Ex.PW11/L6
    Parvesh and Sachin
    PW11 Pointing out memo of house of Ex.PW11/L7
    Lagan Sharma made at the instance and
    of accused Parvesh and Sachin Ex.PW11/L8
    PW11 Pointing out memo of house of Ex.PW11/L9
    Pradeep made at the instance of and
    SHIVALI
    accused Parvesh and Sachin Ex.PW11/L10
    BANSAL
    Digitally signed by PW11 Seizure Memo of clothes worn by Ex.PW11/M
    SHIVALI BANSAL
    Date: 2026.05.19 accused Parvesh
    16:13:31 +0530
    PW11 Seizure Memo of clothes and shoes Ex.PW11/M1
    recovered at the instance of accused
    Sachin
    PW11 Seizure Memo of number plates of Ex.PW11/M2
    Apache Motorcycle Bearing regn
    No. HR10P2278 recovered at the
    isntance of accused Sachin son of
    Satpal
    PW11 Arrest Memo of accused Vicky Ex.PW11/M3
    PW11 Personal search memo of accused Ex.PW11/M4
    Vicky
    PW11 Disclosure statement of accused Ex.PW11/M5
    Vicky
    PW11 Sketch of the gun of the guard of Ex.PW11/M6
    the bank
    PW11 Pointing out cum seizure memo of Ex.PW11/M7
    gun of guard recovered at the
    instance of accused Vicky
    PW11 Pointing out memo of house of Ex.PW11/M8
    accused Pradeep Pradhan prepared
    at the instance of accused Vicky
    PW11 Pointing out memo of house of Ex.PW11/M9
    accused Lagan Sharma prepared at
    the instance of accused Vicky
    PW11 Pointing out memo of the place Ex.PW11/
    where Pulsar Motorcycle was left M10

    FIR No. 421/2018. Page No. 51
    PS Chhawla State Vs. Sachin & Others
    .

    by accused Pawan Pandey, prepared
    at the instance of Vicky
    PW11 Pointing Out Memo of spot ie Bank Ex.PW11/N
    prepared at the instance of accused
    Vicky
    PW11 Pointing Out Memo of spot from Ex.PW11/N1
    where Vicky had stolen Splendor
    Motorcycle
    PW11 Pointing out memo of spot where Ex.PW11/N2
    Splendor Motorcycle was left
    SHIVALI
    abandoned
    BANSAL
    Digitally signed by PW11 Sketch of the pistol recovered at the Ex.PW11/N3
    SHIVALI BANSAL
    Date: 2026.05.19 instance of accused Vicky
    16:13:33 +0530
    PW11 Seizure Memo of pistol recovered Ex.PW11/N4
    at the instance of accused Vicky
    PW11 Pointing out of spot prepared at the Ex.PW11/N5
    instance of accused Pawan Pandey
    PW11 Pointing Out memo of place where Ex.PW11/N6
    Pulsar Motorcycle was left,
    prepared at the instane of accused
    Pawan pandey
    PW11 Pointing Out memo of house of Ex.PW11/N7
    accused Lagan Sharma, prepared at
    the instance of accused Pawan
    Pandey
    PW11 Pointing Out memo of house of Ex.PW11/N8
    accused Pawan Pradhan, prepared
    at the instance of accused Pawan
    Pandey
    PW11 Seizure of cloth used for muffling Ex.PW11/N9
    the face during commission of
    dacoity, recovered at the instance of
    accused Pawan Pandey
    PW11 Pointing out Memo of place of Ex.PW11/
    recovery of Apache Motorcycle, N10 and
    recovered at the instance of accused Ex.PW11/N11
    Parvesh and Sachin son of Satpal
    PW11 Seizure Memo of Bullet Motorcycle Ex.PW11/O
    No. DL1SAA9086
    PW12 Sketch of pistol and two live Ex.PW12/1

    FIR No. 421/2018. Page No. 52
    PS Chhawla State Vs. Sachin & Others.

    cartridges recovered at the instance
    of Sachin son of Inderjit
    PW12 Seizure memo of pistol and live Ex.PW12/2
    cartridges recovered at the instance
    of Sachin son of Inderjit
    PW12 Seizure memo of cash of Ex.PW12/3
    Rs.55,500/-

                                 PW12         Seizure memo of blue jeans             Ex.PW12/4
                                 PW12         Pointing out memo of spot prepared     Ex.PW12/5
    SHIVALI                                   at the instance of accused Sachin
    BANSAL                                    son of Inderjit
    Digitally signed by
    SHIVALI BANSAL
                                 PW12         Seizure memo of cloth piece used       Ex.PW12/6
    Date: 2026.05.19
    16:13:29 +0530
                                              by accused Sachin s/o Inderjit to
                                              muffle his face during dacoity
                                 PW12         Number Plates of motorcycle          Ex.PW12/A-1
                                              bearing registration No.HR10P2278          (colly.)
                                 PW14         Arrest Memo of accused Sachin        Ex.PW14/A
                                 PW14         Personal Search Memo of accused Ex.PW14/B
                                              Sachin
                                 PW14         Disclosure Statement of accused      Ex.PW14/C
                                              Sachin
                                 PW14         Seizure Memo of Rs.20,000/-          Ex.PW14/D
                                              recovered from accused Sachin
                                 PW14         Arrest Memo of accused Pawan         Ex.PW14/E
                                              Pandey
                                 PW14         Disclosure statement of accused      Ex.PW14/F
                                              Pawan Pandey
                                 PW14         Arrest Memo of accused Lagan         Ex.PW14/G
                                 PW14         Disclosure Statement of accused      Ex.PW14/H
                                              Lagan Sharma
                                 PW14         Pointing out memo of Bank            Ex.PW14/I
                                              prepared at the instance of accused
                                              Lagan Sharma
                                 PW14         Pointing out memo of spot where Ex.PW14/J
                                              looted money was shared among
                                              accused persons
                                 PW14         Seizure memo of bike DL1SAA9086      Ex.PW14/K
                                 PW14         Pointing out memo of house of co- Ex.PW14/L
                                              accused Pradeep
    
                          FIR No. 421/2018.                                                Page No. 53
                          PS Chhawla                                         State Vs. Sachin & Others.
                                               CHART OF ADMITTED DOCUMENTS
    
                                     Document Description of Document
                                     Ex.PX1 FIR
                                     Ex.PX2      Certificate U/s 65B of the Indian
                                                 Evidence Act
                                     Ex.PX3      GD No. 28 dated 12.10.2018
                                     Ex.PX4      Dead body handed over memo
    SHIVALI
    BANSAL                           Ex.PX5      Crime scene report
    Digitally signed by
    SHIVALI BANSAL
    Date: 2026.05.19
    

    Ex.PX-6. TIP proceeding of accused Sachin s/o sh.

    16:13:32 +0530 Inderjeet
    Ex.PX-7 TIP proceeding of accused Vicky
    Ex.PX-8 TIP proceeding of accused Pawan
    Ex.PX-9 TIP proceeding of accused Sachin s/o sh.

    Satpal
    Ex.PX-10 TIP proceeding of accused Parvesh
    Ex.PX-11 Report of Chance print in case DD No.
    28A dated 12.10/2018
    Ex.PX-12 Road Certificate No. 7/21/19
    Ex.PX-13 Acknowledgment slip of Bio
    Ex.PX-14 CAF and CDR of mobile no. 8851800650
    (Colly.) alongwith Certificate u/s 65 B
    Ex.PX-15 CAF and CDR of mobile no. 8447561824
    colly.) alongwith Certificate u/s 65 B
    Ex.PX-16 CAF and CDR of mobile no 8684020018
    (colly.) alongwith Certificate u/s 65 B
    Ex.PX-17 CAF and CDR of mobile no. 8743071452
    (colly.) alongwith Certificate u/s 65 B
    Ex.PX-18 FSL report of Physics division of CCTV
    dated 28.06.2019
    Ex.PX-19 Seizure memo of document of Kavita
    hotel
    Ex.PX-20 The document of kavita Hotel
    Ex.PX-21 Photographs of hotel Kavita

    FIR No. 421/2018. Page No. 54
    PS Chhawla State Vs. Sachin & Others.

    Ex.PX-22 FSL report of Ballistic Division dated
    09.08/2019
    Ex.PX-23 FSL report of Bio division along with
    Allelic data dated 30.01.2019
    Ex.PX-24 FSL report of CO division dated
    31.05.2019 alongwith Certificate U/s 65 B
    IEA
    Ex.PX-25 FSL report of Ballistic division dated
    05.08.2019
    SHIVALI Ex.PX-26 Sanction U/s 39 Arms Act dated
    BANSAL 02.02.2019 and 28.08.2019
    Digitally signed by
    SHIVALI BANSAL Ex.PX-27 MLC No. 1041/18 of deceased Santosh
    Date: 2026.05.19
    16:13:37 +0530 Kumar Sharma

    FIR No. 421/2018. Page No. 55
    PS Chhawla State Vs. Sachin & Others.



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