Delhi District Court
State vs Amit Kumar Etc on 14 July, 2026
-:1:-
IN THE COURT OF MS. VANDANA:
ADDL. SESSIONS JUDGE-02( NORTH ):
ROHINI DISTRICT COURTS : DELHI
In the matter of:-
(Sessions Case No. 57434/2016)
FIR No. 211/2011
Police Station Bawana
Charge sheet filed Under Section 302/120B IPC & 25/27
Arms Act
Charge framed Under Section 302/120B IPC & 25/27
Arms Act
State V/s Amit Kumar
S/o Shri Kishan
R/o Village Gumar
District Sonipat, Haryana.
......Accused
Date of institution 15.10.2011
Arguments concluded on 07.07.2026
Judgment Pronounced on 14.07.2026
Decision Acquitted under
Section 302/120B/
IPC & 25/27 Arms
Act
Convicted under
Section 174A IPC
JUDGMENT
BRIEF FACTS
It is pertinent to mention here that the present
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
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signed by Page No. 1 of 72
VANDANA
VANDANA Date:
2026.07.14
16:08:44
+0530
-:2:-judgment is only qua accused Amit Kumar as judgment qua co-
accused Arun Kumar, Harvinder @ CNG and Naveen @ Bali has
already been passed vide order dated 30.01.2023.
1. Events which set the prosecution machinery into
motion is that on 21.06.2011 at about 4.00 p.m. at Khasra No.
154, Plot No.548, Pooth Khurd, Barwala Road, Delhi, within the
jurisdiction of PS Bawana, one Ranbir had been inflicted with
gunshot injuries by the accused persons, who tried to flee away
from the spot. The injured was taken to Saroj Hospital and a DD
No.32A had been recorded. That accused Amit Kumar was
apprehended by the complainant and one pistol was also
recovered from him from the spot. That the injured Ranbir
succumbed to his injuries and as per the Postmortem Report, the
cause of death was found to be cardio respiratory arrest with
septicemia following antemortem multiple firearm injuries and
their consequences. The statement of witnesses were recorded
and the complainant namely Raj Kumar had stated that on the
date and time of incident, he was present in the office of the
deceased Ranbir along with Sandeep and Baldev. One person
slightly opened the door of the office and told Ranbir that there
was a call for him. When Ranbir went out, there was noise of
gunshots and after few minutes when the complainant Raj Kumar
along with Sandeep and Baldev came out, they saw Ranbir lying
in a pool of blood on the floor and he was taken in a car to Saroj
Hospital. From there, he was shifted to Fortis Hospital and afterSC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
Page No. 2 of 72
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signed by
VANDANA
VANDANA Date:
2026.07.14
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-:3:-4-5 months he was shifted to another hospital at Gurgaon, where
he remained admitted for 20 to 25 days and later on succumbed
to his injuries. That the assailant Amit Kumar was apprehended
with a pistol on the spot and accused Harvinder @ CNG
managed to skip towards Barwala village leaving his motorcycle
behind. That other co-accused Arun Kumar and Naveen @ Bali
were present outside in a white Alto car and after the incident
immediately fled away towards Barwala in the said car which
was driven by accused Naveen @ Bali. Co-accused Pradeep and
Ashish were also present in one Ascent car which was parked
near the place of incident and even they fled away in the said
Ascent car after the incident. PCR was called at the spot and after
investigation, four empty shells and led piece recovered from the
spot. Blood sample of the deceased was lifted from the spot in a
gauze piece along with blood stained earth and earth control.
The motorcycle bearing no. DL1SR-8514 Hero Honda Splendor
was also taken into possession from the spot along with one
mobile phone make Nokia. After all the investigation, the
accused persons were arrested and charge-sheet was filed.
Eventually during investigation, the IO recorded statement of the
witnesses and after completion of investigation, charge sheet for
the offence under Section 302/120B IPC & 25/27 Arms Act was
filed in the court.
CHARGE
2. On committal of the case to the Court of Sessions,
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally
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signed by
VANDANA
VANDANA Date:
2026.07.14
16:08:58
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-:4:-vide order dated 13.02.2013 charge under Section 120B/302 IPC
and under Section 25 r/w 27 Arms Act against accused Amit @
Mintoo was found to be prima facie made out. The formal charge
as above was framed on the said date to which accused pleaded
not guilty and claimed trial.
Charge for the offence punishable under Section
174A IPC was found to be prima facie made out against the
accused and formal charge for the said offence was framed, to
which accused pleaded guilty.
PROSECUTION WITNESSES
3. Thereafter, prosecution in support of its case have
examined 28 witnesses in all.
Sl. No. Prosecution Name of witness Description
witness No.
1. PW1 Sh. Raj Kumar Complainant
2. PW2 Sh. Sandeep Eye witness
3. PW3 Sh. Baldev Eye witness
4. PW4 SI Narender Kumar Duty Officer
5. PW5 ASI Karambir Photographer
6. PW6 Inspector Anil Incharge
Kumar Mobile Crime
Team
7. PW7 SI Bhagwan Devi Duty Officer
8. PW8 Ct. Sachin Police witness,
who deposited
the exhibits in
FSL
9. PW9 Ct. Harpal Singh Police witness,
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VANDANA
VANDANA Date: Page No. 4 of 72
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who along with
IO reached at
the spot and
assisted IO
10. PW10 HC Niranjan Singh Police witness
11. PW11 Sh. Ajit Singh Eye witness
12. PW12 SI Ved Pal Duty Officer
13. PW13 ASI Mahi Lal MHC(M)
14. PW14 Dr. Akhil Vohara Doctor
15. PW15 HC Kuldeep Police witness,
who along with
IO reached at
the spot and
assisted IO
16. PW16 Sh. Puneet Puri Assistant
Director, FSL
17. PW17 HC Manish Kumar Police witness
18. PW18 ASI Kushal Pal Police witness
19. PW19 SI Raj Kumar Investigating
Officer
20. PW20 Inspector Satish Investigating
Kumar Officer
21. PW21 Dr.P. Karunakaran Police witness,
who accorded
Santion U/s 39
Arms Act
22. PW22 HC Vinod Kumar Police witness,
who on receipt
of information
reached at the
spot
23. PW23 Retd. SI Randhir Investigating
Singh Officer
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally
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VANDANA
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Date:
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24. PW24 Dr.Deepak Mathur Specialist,
Forensic
Medicine
25. PW25 Dr. Hazari Lal Specialist,
Forensic
Medicine
26. PW26 Retd. ASI Satbir Duty Officer of
Singh PS Vasant
Kunj
27. PW27 Inspector Dinesh Police official
Kumar of PS Sushant
Lok, Haryana
28. PW28 Ms. Seema Nain Assistant
Director
(Biology), FSL
COURT WITNESS
Sl. No. Court Name of witness Description
witness No.
1. CW1 HC Rajkishore He executed the
process U/s
82/83 Cr.P.C.
qua accused
Surender
2. CW2 HC Satish Kumar He executed the
process U/s 83
Cr.P.C. qua
accused Pradeep
Kumar @ Bhola
3. CW3 HC Dharampal He executed
process U/s 82
Cr.P.C. qua
accused Pradeep
Kumar @ Bhola
4. CW1 HC Anil Kumar He executed the
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VANDANA
VANDANA Date:
2026.07.14
16:09:19
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-:7:-process U/s 82
Cr.P.C. qua
accused Amit
KumarPROSECUTION WITNESSES
PW1 is Sh. Raj Kumar, who deposed that on
21.06.11 at about 3.45 p.m. he was present in the office of Ranbir
situated at Pooth Khurd, Barwala Road, Delhi along with
Sandeep and Baldev. That one person slightly opened the door of
the office and told Ranbir that there is a call for him. Ranbir
went out side to attend the call and when they were inside the
office, he heard the gun shots. That after five ten minutes, he,
Sandeep and Baldev came out and saw Ranbir lying on the floor.
That they removed him in their car to Saroj Hospital. He further
deposed that his statement was not recorded by the police but
again said his signatures were obtained on a something written
on a paper in the police station contents of which he do not
know. He proved the same as Ex.PW1/A. He further deposed
that Ranbir was shifted to Fortis Hospital and after four five
months, from there he was shifted to a hospital in Gurgaon where
he remained admitted for 20-25 days and later on he had expired.
He further deposed that he had not seen the assailants and had
only heard the gun shots. PW1 further deposed that in his
presence, no one was apprehended at the spot. He further
deposed that he cannot say whether the assailants came on foot or
on any vehicle and that he had also not seen any assailant
running away. He further deposed that he had seen the person
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
Page No. 7 of 72
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VANDANA Date:
2026.07.14
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-:8:-who had informed Ranbir about the phone call.
PW2 is Sh. Sandeep. He had deposed that on
26.11.2011, he was present in the cabin of office of Ranbir Singh
(now deceased), who was his friend. He further deposed that
deceased Ranbir Singh was running a property dealing business
under the name and style of Shivam Properties in Village Pooth
Khurd, Barwala Road. He further deposed that Rajkumar and
Baldev were also present in the said office with Ranbir Singh and
they were smoking hukka inside the said office. That he was
sleeping inside the office and was awakened up by Rajkumar and
Baldev. That he wake up and he along with Rajkumar and
Baldev came out of the office and found that Ranbir lying in the
gallery outside his office in injured condition and was not able to
speak at that time. He further deposed that Rajkumar and Baldev
were saying that Ranbir received a bullet injury but they had not
told him about the assailants who had caused injury to Ranbir.
He further deposed that thereafter, they removed Ranbir from the
spot and took him to Saroj Hospital, Rohini and got him admitted
there. He further deposed that in the meantime, family members
of Ranbir also reached at Saroj Hospital. He further deposed that
on the said night, he remained with Ranbir in the hospital and on
the next day, he left the hospital for his house.
PW3 Sh. Baldev, who deposed that on 21.06.11, he
was present and sleeping in the side cabin of the office of Ranvir
Singh at Pooth Khurd. That at about 4:00 PM, he heard some
noise and got up and saw Ranbir lying on the floor and he was
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
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Date:
VANDANA 2026.07.14
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-:9:-bleeding. He further deposed that people present there were
saying that he had been shot by someone. That thereafter, he
called the police at number 100 and took Ranvir to Saroj
Hospital.
PW4 SI Narender has deposed that on 21.06.2011,
he was posted at P. S. Bawana as Duty Officer and his duty hours
were from 5.00 p.m to 9.00 a.m. That on that day, at about 8.30
p.m., an information was received that one Ranbir s/o Sita Ram,
44 years, male, has been admitted with a gun shot injury in Saroj
Hospital. He further deposed that he recorded the information
vide DD no. 32-A and proved the same as Ex. PW-4/.
He further deposed that on the same date i.e.
21.06.2011, at about 08.30 p.m. Ct. Harpal brought rukka sent by
ASI Raj Kumar and on which basis he registered the
computerized FIR of the present case and proved the same as
Ex.PW-4/B. He has proved his endorsement on the rukka as
Ex.PW-4/C. He further deposed that the copy of FIR and
original rukka were sent to ASI Raj Kumar through Ct. Harpal.
He has also recorded the Kayami entry as DD no. 34-A and
proved the same as Ex. PW-4/D.
PW5 is ASI Karambir, who deposed on 21.06.11, he
was posted at mobile crime team outer district, Sector 1, Rohini,
as HC photographer and on receipt of information about firing
incident, he alongwith crime team incharge Anil Kumar reached
at the spot i.e., Shivam property, Barwala Road, Poothkalan,
Delhi, where the spot was inspected and he took the photographs.
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
Digitally
signed by Page No. 9 of 72
VANDANA
VANDANA Date:
2026.07.14
16:09:39
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-:10:-He has proved the negatives of the photographs as Ex.PW5/A
(collectively). He has also proved the said photographs
collectively as Ex.PW1/B.
PW6 is Inspector Anil Kumar, who has deposed that
he was posted as Incharge at mobile crime team outer district.
That on that day on receipt of information about firing incident,
he alongwith his staff reached at Shivam property, Poothkalan,
Barwala Road and found blood was lying in front of room
besides the office situated in the aforesaid property compound.
He further deposed that one mobile phone make Samsung, Tata
Indicom black colour lying nearby and four fired cartridges were
found at a small distance towards left side and one lead piece
near the cooler. He inspected the spot and HC Karambir took the
photographs. He further deposed that he prepared the crime
report Ex.PW6/A and handed over the same to IO ASI Raj
Kumar.
PW7 is SI Bhagawan Devi, who deposed that on
21.06.2011, she was posted at P.S. Bawana as duty officer. That
on that day on receipt of information at about 4.10 PM she
recorded DD No.29-A and the call was marked to ASI Raj
Kumar and was sent to him through Const. Kuldeep and ASI Raj
Kumar alongwith Const. Harpal went to the spot to attend the
call. She has proved the attested copy of the same is Ex.
PW-7/A.
PW8 is Ct. Sachin. He has deposed that on
12.09.2011, he was posted at P.S. Bawana. That on that day on
SC No.57434/2016 , FIR No. 211/11, PS Bawana
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VANDANA
VANDANA Date:
2026.07.14
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-:11:-the instructions of SI Randhir Singh, he collected the exhibit
from MHC(M) HC Mahi Lal to deposit the same at FSL Rohini
vide RC No.152/21 & 153/21 and deposited the same at FSL
Rohini.
PW9 is Ct. Harpal Singh. He has deposed that on
21.06.2011, he was posted at PS Bawana and on that day, he was
on Emergency Duty and on receipt of DD No.29A Ex.PW7/A by
ASI Raj Kumar, he alongwith ASI Raj Kumar at about 4:30 p.m.,
reached at Shivam Property, Barwala Road, Pooth Khurd, Delhi,
where a crowd was found gathered there. That in the meantime,
Inspector Rakesh alongwith staff also reached there and Ct.
Kuldeep alongwith DD No.29A also reached there. That PCR
staff was also present at the spot. He further deposed that blood
was found lying in the room besides the property dealer office in
front of the door and one mobile phone Samsung, Tata Indicom
black colour was found lying there and four empty cartridges
were also found lying there near the spot. He further deposed that
one person who was given beatings by the public, whose name
later on revealed as Amit was lying at the spot and was shifted to
the M.B. Hospital through Ct. Vinod through PCR personnel. He
further deposed that one splendor motorcycle was lying at the
spot and on the instructions of the ASI Raj Kumar, he took the
said motorcycle to the PS. He thereafter went to the M.B.
Hospital and after getting injured Amit medically examined in
the said hospital returned to the spot. He further deposed that
accused Amit was interrogated by the senior police officials
SC No.57434/2016 , FIR No. 211/11, PS Bawana
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VANDANA Date:
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-:12:-including Inspector Rakesh Kumar, who was already present at
the spot before our first arrival at the spot. He further deposed
that the custody of Amit thereafter handed over to him and he
alongwith accused Amit returned to the PS and handed over the
same to the duty officer.
PW10 HC Nirnjan Singh has deposed that on
24.06.2011 he was posted at PS Mangolpuri, PP Sanjay Gandhi
Chowki, Mangolpuri, Delhi and on that day, at about 11:30 p.m.,
on receipt of information, he reached at S – Block Chowk, Machi
market, Mangolpuri, Delhi, where HC Rohtash Singh, HC
Surender Kumar and Ct. Manish Kumar alongwith other staff
were present and found apprehended accused Arun Kumar @
Antu @ Annu @ Pahalwan S/o. Rohtash Singh alongwith
another accused Pradeep Sehrawat @ Bhola S/o. Late Shri Hawa
Singh (proceedings qua him is abetted as he has expired). He
further deposed that the recoveries of one country made pistol
from each of the accused persons and two live rounds from each
of the accused persons were effected and the case FIR No.242/11
dated 24.06.2011, U/S. 25/54/59 Arms Act and U/S. 411/34 IPC,
PS Mangolpuri was registered against them as the stolen
motorcycle No. DL-3S-BL-3462 was also recovered from them.
He further deposed that after the registration of the FIR
No.242/11, the further investigation of this case was assigned to
him and he arrested both the accused persons. He further deposed
that accused Arun Kumar and accused Pradeep Sehrawat made
their disclosure statement in the case FIR No.242/11, PS
SC No.57434/2016 , FIR No. 211/11, PS Bawana
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VANDANA
VANDANA Date:
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-:13:-Mangolpuri in which they had admitted their guilt in the present
case.
He further deposed that he was the second IO of the
case FIR No. 242/11 u/s 25/54/59 Arms Act and 411/34 IPC, PS
Mangol Puri. He further deposed that on 25.06.2011, accused
Arun Kumar @ Antu @ Anu @ Pehlwan was arrested vide arrest
memo Ex. PW10/A and his personal search was conducted vide
memo Ex.PW10/B. He further deposed that on the same day,
accused Pradeep Sehrawat @ Bhola was also arrested vide memo
Ex. PW10/C and his personal search was conducted vide memo
Ex. PW10/D.
He further deposed that thereafter, accused Arun
Kumar @ Antu @ Anu @ Pehlwan was interrogated and he
made his confessional statement regarding involvement in the
present case FIR No. 211/2011 u/s 302 IPC of PS Bawana
alongwith his associates Harvinder @ CNG, Ashu @ Ashish,
Naveen @ Bali, Amit @ Neetu and Pradeep Sehrawat (since
deceased). That he recorded his disclosure statement Ex.
PW10/E.
That accused Pradeep Sehrawat @ Bhola (since
deceased) was also interrogated and he made his confessional
statement regarding involvement in the present case FIR No.
211/2011 u/s 302 IPC of PS Bawana alongwith his associates
Harvinder @ CNG, Ashu @ Ashish, Naveen @ Bali, Amit @
Neetu and Arun Kumar @ Antu @ Anu @ Pehlwan and he
recorded his disclosure statement Ex. PW10/F.SC No.57434/2016 , FIR No. 211/11, PS Bawana
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VANDANA
VANDANA Date:
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-:14:-He further deposed that during the investigation of
case FIR No. 211/11 of PS Bawana, IO met him and he handed
over the photocopies of all the relevant documents of case FIR
no. 242/11 of PS Mangol Puri.
PW11 is Sh. Ajit Singh, who deposed that on in the
year 2011, he was residing at B-1/213, Sector-17, Rohini, Delhi.
That in the year 2011, he was working with Sh. Ranbir Singh.
He further deposed that on 21.06.2011 at about 4:30 PM, he
reached in the office of Ranbir Singh i.e. Shivam Property, at
Pooth Khurd, Barwala, Delhi where he came to know that
someone had fired shot upon Ranbir Singh. He was informed by
Sandeep, R/o. Bazitpur that they were taking Ranbir Singh to
Saroj Hospital. He also reached Saroj Hospital in his own
vehilce, but from Saroj Hopsital Ranbir was shifted to Fortis
Hospital, Shalimar Bagh. He further deposed that he do not know
anything else about this case. Police had also not inquired form
me.
PW12 is SI Ved Pal. He has deposed that on
24.06.2011 he was posted at PS Mangol Puri as ASI and working
as Duty Officer from 5:00 PM to 1 AM. That on that day at
about 11:20 PM, he registered the case FIR No. 242/11 u/S. 25
Arms Act and 411/34 IPC and has proved the same as Ex.
PW12/A.
PW13 is ASI Mahi Lal. He has deposed that on
21.06.2011, he was posted at PS Bawana as a Head Constable
and working as a MHC (M). That on that day, IO ASI Raj Kumar
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-:15:-had deposited the case property i.e. eight parcels duly sealed with
the seal of RK alongwith one motorcycle no. DL-1SR-8514 and
he made relevant entries in register no. 19 vide serial no. 392/11
and proved the same as Ex. PW13/A.
He further deposed that on 25.06.2011, IO SI Randhir
Singh had deposited one Alto car no. DL-2CAK-2530 of white
colour and he made relevant entries in register no. 19 vide serial
no. 394/11. That on the same day, IO SI Randhir Singh had
deposited one Accent car no. DL-6CG-2785 and made relevant
entries in register no. 19 vide serial no. 394/11. He has proved
the same as Ex. PW13/B (Colly).
He further deposed that on 28.06.2011, IO SI Randhir
Singh had deposited one sealed pulanda sealed with the seal of
RK and he made relevant entries in register no. 19 vide serial no.
397/11 and proved the same as Ex. PW13/C. That on 08.07.2011,
IO SI Randhir Singh had deposited one motorcycle no.
DL-9SW-9884 and he made relevant entries in register no. 19
vide serial no. 414/11 and proved the same as Ex. PW13/D.
He further deposed that on 05.01.2012, IO SI Randhir
Singh had deposited one sealed pulanda and sample seal which
was transferred from PS Sushat Lok, Gurgaon and he made
relevant entries in register no. 19 vide serial no. 19/12 and proved
the same as Ex. PW13/E.
He further deposed that on 12.09.2011, the exhibits of
the present case were sent to FSL Rohini through Ct. Sachin vide
RC No. 152/21/11 EX. PW13/F. After depositing the same, heSC No.57434/2016 , FIR No. 211/11, PS Bawana
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State Vs. Amit Kumar Etc. signed by
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-:16:-handed over the acknowledgment Ex. PW13/G to him. He further
deposed that on the same day, other exhibits of the present case
were sent to FSL Rohini through Ct. Sachin vide RC No.
153/21/11 EX. PW13/H. After depositing the same, he handed
over the acknowledgment Ex. PW13/J to him.
He further deposed that on 08.08.2012, the remaining
exhibits of the present case were sent to FSL Rohini through Ct.
Yogender vide RC No. 214/21/12 EX. PW13/K by HC
Dharampal. After depositing the same, he handed over the
acknowledgment Ex. PW13/L to him.
PW14 is Dr. Akhil Vohra. He has deposed that on
21.06.2011 at about 4.30 p.m., patient Ranbir Singh, S/o Sita
Ram, 44 years male was brought to casualty by his friend
Sandeep with the alleged history of gun short injury, one hour
back to Pooth Khurd, Delhi. He examined the patient, who was
bleeding from right ear, bleeding from nostril, swelling above the
right eyebrow. The injuries were as under:
1. One wound 1X1 cm present in left lumbar (abdomen)
region, mid axillary line;
2. One wound 1X1 cm present on lateral aspect of middle
of left thigh;
3. One wound 1X1 cm present on medial aspect of upper
part of left thigh;
4. One wound 1X1 cm present on the left scrotum;
5. One wound 1X1 cm present on the occipital region.
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He further deposed that the patient was found
unconscious and unfit for statement. He prepared the MLC No.
3307 Ex.PW14/A which is in his hand writing and bears his
signature. He further deposed that the patient was admitted in
ICU and thereafter, the patient left ICU against medical advise
(LAMA) at 7.30 p.m. and proved the said document as
Ex.PW14/B.
PW15 is HC Kuldeep, who deposed that on
21.06.2011, he was posted at PS Bawana as a Constable. On that
day, at about 4:30 pm, DD No. 29A was handed over to him by
duty officer. Thereafter, he reached at Shivam Property, Pooth
Khurd, Barwala Road, there Inspector Rakesh Kumar, ASI Raj
Kumar, other staff and PCR van were found present there. He
handed over the copy of DD No. 29A to ASI Raj Kumar. He
further deposed that there was a gathering many public persons
in the compound of Shivam Property and a large quantity of
blood was scattered in the compound of Shivam Property and he
came to know that injured was already removed to Saroj Hospital
in a private vehicle by the friends.
He further deposed that at the spot, at some distance
four empty rounds were lying. That near the cooler, one bullet
lead was found, one mobile phone Samsung Tata Indicom black
colour was lying near the blood. He further deposed that
complainant Raj Kumar had produced one person namely Amit
@ Mittu. That said Amit was having injuries as he was stated to
be beaten up by the public. That the said Amit @ Mittu was sent
SC No.57434/2016 , FIR No. 211/11, PS Bawana
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16:10:32
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-:18:-to hospital through Ct. Vinod in a PCR van for his medical
examination. He further deposed that one pistol was also
produced by complainant which was snatched from the hand of
Amit @ Mittu.
He further deposed that Crime team was called at the
spot and they inspected the spot and photographer took the
photographs of the spot from different angels. He furtehr deposed
that at the spot, the blood stained earth control was lifted, which
was kept in a small plastic box and sealed with the seal of RK
and taken into possession vide seizure memo Ex.PW1/G. He
further deposed that the earth control was lifted, which was kept
in a small plastic box and sealed with the seal of RK and taken
into possession vide seizure memo Ex. PW1/H. That IO ASI Raj
Kumar prepared the sketches of four empty cartridges and a lead.
The said sketches are Ex. PW1/D which. The said empty
cartridge and lead were separately sealed in a plastic container
with the seal of RK and the said pulandas were taken into
possession vide seizure memo Ex. PW1/E. That the blood sample
was also lifted and kept in a small plastic box and sealed with the
seal of RK and taken into possession vide seizure memo Ex.
PW1/F. He has further deposed that the magazine of the pistol
was checked and it was found two live cartridges. That IO
prepared the sketch of pistol with magazine and two live
cartridges and same were measured. That on the barrel of pistol,
it was written ‘VIDIL’ made in Spain and the sketch of said pistol
and cartridges are already Ex. PW1/B. He has further deposedSC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
Page No. 18 of 72
Digitally
signed by
VANDANA
VANDANA Date:
2026.07.14
16:10:38
+0530
-:19:-that the said pistol and two live cartridges were converted into a
pulanda and sealed with the seal of RK. That the FSL form was
filled and pulanda was taken into possession vide seizure memo
already Ex. PW1/C. He has further deposed that outside the gate,
one motorcycle make Hero Honda Splendor bearing no.
DL-1SR-8514 was also seized vide seizure memo already Ex.
PW1/J. He has further deposed that the mobile phone make
Samsung Tata Indicom of black colour was checked and it was
also converted into a pulanda and sealed with the seal of RK and
taken into possession vide seizure memo Ex. PW1/K.
He further deposed that he was left at the spot for the
safe guard of the spot, while IO, ASI Raj Kumar alongwith Ct.
Harpal Singh went to Saroj Hospital. That at about 9:00 pm, ASI
Raj Kumar came back at the spot, however, at about 9:30 pm, Ct.
Harpal came at the spot with the copy of FIR and original rukka
and same were handed over to ASI Raj Kumar. Ct. Harpal was
sent to hospital to bring back accused Amit, accordingly Ct.
Vinod and Ct. Harpal brought accused Amit at the spot.
He has further deposed that one Nokia mobile phone
of dark grey colour was found lying near the seized motorcycle
and its IMEI Number was checked and mentioned in the seizure
memo. Thereafter the said mobile phone was converted into a
pulanda and sealed with the seal of RK and taken into possession
vide seizure memo Ex. PW1/L.
He has further deposed that accused Amit @ Mittu
was interrogated and during the interrogation, he voluntarilySC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. DigitallyPage No. 19 of 72
signed by
VANDANA
VANDANA Date:
2026.07.14
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+0530
-:20:-disclosed his confessional statement Ex. PW15/A. That
thereafter, accused Amit @ Mittu was arrested vide arrest memo
Ex. PW15/B and his personal search was conducted vide memo
Ex PW15/C. That thereafter, all of them came back at police
station and case property was deposited with MHC (M).
He further deposed that on 25.06.2011, he alongwith
Ct. Vinod had joined the investigation with the IO in the present
case and left the police station at about 8:15 am and went in
search of wanted accused namely Naveen @ Bali. They reached
at Village Sultanpur and the house of the accused Naveen @ Bali
was found locked. That when they were proceeding from Village
Sultanpur, one secret informer met the IO SI Randhir Singh and
he informed that the driver of Accent car would come from
Village Nangal towards Kanjhawala Road, who was involved in
the incident of firing dated 21.06.2011. That on receiving this
information, they reached at Kanjhawala Road, Nangal Mod,
there IO SI Randhir Singh requested 4-5 passersby to join the
raiding team/investigation, but none agreed and left the spot
without disclosing their names and addresses. That at about 9:00
am, they started checking the vehicles after putting the barricades
on the road. At about 9:10 am, one Accent car of dark blue
colour came from the side of Village Nangal and same was
signaled to stop. That on seeing the police party, the driver of the
said Accent car tried to take U-turn, but the engine of the said car
was stopped and all the members reached near the said Accent
car. The driver of the said Accent car was apprehended. That onSC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
Page No. 20 of 72
Digitally
signed by
VANDANA
VANDANA Date:
2026.07.14
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+0530
-:21:-checking the registration no. of Accent car was DL-6CG-2875.
The driver of the said car disclosed his name as Ashish @ Ashu
S/o Zile Singh R/o VPO Daboda Khurd, PS Bahadurgarh,
Haryana. He further deposed that accused Ashish @ Ashu (now
expired) was interrogated and arrested vide arrest memo Ex.
PW15/D and his personal search was conducted vide memo Ex.
PW15/E. He further deposed that the Accent car no.
DL-6CG-2875 was also taken into possession vide seizure memo
Ex. PW15/F. That the disclosure statement of accused Ashish @
Ashu was also recorded. He has further deposed that as per the
disclosure of accused Ashish @ Ashu, he lead them to near canal
Sultanpur Pooth Khurd and on his pointing out, one Alto car
bearing no. DL-2CAK-2530 of white colour was seized vide
seizure memo Ex. PW15/H and he told them that the said car
belongs to Naveen @ Bali. He further deposed that he lead them
to the place of occurrence i.e. Shivam Property, Pooth Khurd,
Barwala, Delhi and on his pointing out, pointing out memo Ex.
PW15/J. He further deposed that thereafter, both the cars i.e.
Accent car and Alto car were brought to Firni Road, Pooth Khurd
and he was left there for the safeguard of both the cars and IO
alongwith accused Ashish @ Ashu and Ct. Vinod again went to
Shivam Property. Thereafter, they came back and they went to
PS. PW15 further deposed that accused Ashish @ Ashu was
taken to hospital for his medical examination and thereafter he
was sent to lock-up.
SC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally signed by State Vs. Amit Kumar Etc. VANDANA VANDANA Date: Page No. 21 of 72 2026.07.14 16:10:58 +0530 -:22:-
PW15 further deposed that on 27.06.2011, he
alongwith Ct. Vinod again joined the investigation with IO SI
Randhir and they came to Rohini Court, as the accused persons
namely Arun @ Annu, Pradeep @ Bhola and Harvinder @ CNG
were appeared in the court in pursuance of production warrants.
He further deposed that IO moved an application for
interrogation and arrest, which was allowed. Thereafter, accused
Pradeep @ Bhola, Arun Kumar @ Annu and Harvinder @ CNG
were interrogated and arrested vide arrest memos Ex. PW15/K,
Ex. PW15/L and Ex. PW15/M respectively and all the three
accused were separately interrogated one by one. He has further
deposed that accused Harvinder @ CNG voluntarily made his
disclosure statement Ex. PW15/N. That accused Pradeep @
Bhola voluntarily made his disclosure statement Ex. PW15/O.
That accused Arun voluntarily made his disclosure statement Ex.
PW15/P. He further deposed that thereafter, accused Arun and
Pradeep were produced in the court and sent to JC and accused
Harvinder @ CNG was remanded to police custody. That
thereafter, accused Harvinder @ CNG was taken to Bhorgarh in
search of accused Naveen @ Bali and there he lead them to
Bhorgarh Narela, in the office of Naveen @ Bali, but accused
Naveen @ Bali was not found there.
He further deposed that accused was taken to hospital
for his medical examination and he lead them to the place of
occurrence and on his pointing out memo of place of occurrence
Ex. PW15/Q was prepared. That thereafter, he was sent to lock-
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally
signed by
VANDANA
VANDANA Date:
2026.07.14
Page No. 22 of 72
16:11:05
+0530
-:23:-up. He further deposed that on 28.06.2011, accused Harvinder @
CNG was taken out from the lock-up, whio led them for the
recovery of pistol at Prahladpur Khera Road, near the Bawana
canal, from there accused Harvinder @ CNG, as per his
disclosure led them in the fields and on the corner of the fields,
underneath of brick, he got recovered one pistol. That the pistol
was checked and on checking two live cartridges were found
inside the magazine of the pistol. That thereafter, IO prepared the
sketch of pistol and live cartridges and same were measured. He
has proved the sketch of pistol and cartridges as Ex. PW15/R.
That the said pistol and cartridges were converted into a pulanda
and sealed with the seal of RS and FSL form was filled and
pulanda was taken into possession vide seizure memo Ex.
PW15/S. That thereafter, they came back to police station and
case property was deposited with the MHC (M).
PW15 identified the case property i.e. four empty
rounds and one bullet lid as Ex.P15/1 (colly), one mobile phone
make Samsung Tata Indicom as Ex.P15/2, one mobile phone
make Nokia as Ex.P15/3, one pistol (on the barre of which Vidil
made in Spain is written) and two cartridges (test fired) as
Ex.P15/4, one pistol and two cartridges (test fired) as Ex.P15/5.
PW16 is Puneet Puri, Assistant Director (Ballistic),
FSL Rohini. He has deposed that on 08.08.2012, three sealed
parcels i.e. parcel no.1 sealed with the seal of MORTUARY G.H.
GURGAON, parcel no. 2 and parcel no. 3 were sealed with the
seal of NPW FSL DELHI were received in FSL through Ct.
SC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally signed
by VANDANA
State Vs. Amit Kumar Etc.
VANDANA Date:
Page No. 23 of 72
2026.07.14
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-:24:-Yogender Arya and the same were marked to him for
examination. That the seals on the parcels were intact and as per
the specimen seals provided with the FSL form. That on opening
the first parcel, two bullets and one deformed bullet were taken
out and marked as Ex. EB1 to Ex. EB3 respectively by him. That
on opening the second parcel, one improvised pistol 9mm
caliber, two 9mm cartridge cases were taken out and were
already marked as Ex. F1, A1 and A2 in case FSL No.
2011/F-5182 in FIR No.211/11, PS Bawana. That on opening the
third parcel, one improvised pistol of 7.65 caliber and two 7.65
mm cartridge cases were taken out which were already marked as
Ex. F2, A3 and A4 respectively in case FSL No. 2011/F-5182 in
FIR No.211/11, PS Bawana.
He further deposed that on examination, he found that
the bullets marked Ex. EB1 to EB3 were corresponding to the
bullets of 7.65 mm cartridges. That two 7.65 mm cartridges from
the laboratory stock were test fired through the improvised pistol
7.65 mm caliber already marked Ex. F2 in case FSL No.
2011/F-5182 in FIR No.211/11, PS Bawana, the test fired
cartridge cases were marked as TC1, TC2 and the two recovered
test fired bullets were marked as TB1 and TB2. He has further
deposed that the bullets marked Ex. EB1 to EB3 had not been
discharged through the improvised pistol 7.65 mm caliber
marked Ex. F2 as the class characteristics of rifling marks present
on exhibits EB1 to EB3 and on test fired bullets marked TB1 andSC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally
State Vs. Amit Kumar Etc. signed by
VANDANAPage No. 24 of 72
VANDANA Date:
2026.07.14
16:11:17
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-:25:-TB2 were not found identical when examined under the
comparison microscope.
He further deposed that after the examination, articles
Ex. EB1 to EB3 and improvised pistol were sealed with the seal
of PP FSL DELHI. He has proved his detailed report dated
28.02.2013 in this regard as Ex. PW16/A.
PW17 is HC Manish Kumar, who deposed that on
25.06.2011, he was posted at PS Mangol Puri as constable and on
that day, accused Arun Kumar @ Antu @ Anu @ Pehlwan as
well as accused Pradeep Sehrawat @ Bhola (since expired) were
apprehended from S Block, Mangol Puri, Machi Market and
from their possession one country made katta each and two
bullets each were recovered as they were found riding in a stolen
motorcycle. He further deposed that the said arm and
ammunition were seized in his presence by HC Rohtash. He
further deposed that HC Rohtash got case FIR No. 242/11 u/s 25
Arms Act and 411 IPC registered at PS Mangol Puri and after
registration of FIR, the investigation of the said case was marked
to ASI Niranjan Singh.
He further deposed that on the same day i.e. on
25.06.2011, accused Arun Kumar @ Antu @ Anu @ Pehlwan
was arrested vide arrest memo Ex. PW10/A and his personal
search was conducted vide memo Ex.PW10/B. He further
deposed that on the same day, accused Pradeep Sehrawat @
Bhola was also arrested vide memo Ex. PW10/C and his personal
search was conducted vide memo Ex. PW10/D. He furtherSC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally
signed byPage No. 25 of 72
VANDANA
VANDANA Date:
2026.07.14
16:11:23
+0530
-:26:-deposed that thereafter, accused Arun Kumar @ Antu @ Anu @
Pehlwan was interrogated and he made his confessional
statement regarding involvement in the present case FIR No.
211/2011 u/s 302 IPC of PS Bawana alongwith his associates
Harvinder @ CNG, Ashu @ Ashish, Naveen @ Bali, Amit @
Neetu and Pradeep Sehrawat (since deceased). That ASI Niranjan
Singh recorded his disclosure statement Ex. PW10/E. Thereafter,
accused Pradeep Sehrawat @ Bhola (since deceased) was also
interrogated and he made his confessional statement regarding
involvement in the present case FIR No. 211/2011 u/s 302 IPC of
PS Bawana alongwith his associates Harvinder @ CNG, Ashu @
Ashish, Naveen @ Bali, Amit @ Neetu and Arun Kumar @ Antu
@ Anu @ Pehlwan. That ASI Niranjan Singh recorded his
disclosure statement Ex. PW10/F.
PW18 is ASI Kushal Pal, who deposed that on
08.07.2011, he was posted at PS Bawana as Ct and on that day,
he alongwith Ct. Harender had joined the investigation of the
present case with SI Randhir Singh and on that day, they
accompanied the IO to Rohini Court. He further deposed that IO
had obtained one day PC remand of accused Arun Kumar @ Anu
and of accused Pradeep Sehrawat (since expired) and both the
aforesaid accused persons were taken to PS in muffled face. That
thereafter, both the accused persons in muffled face pointed out
the place of commission of offence and IO had prepared the
pointing out memos Ex. PW18/A and Ex. PW18/B respectively.
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally signed
by VANDANA
VANDANA Date:
2026.07.14
Page No. 26 of 72
16:11:30 +0530
-:27:-He further deposed that thereafter, at the instance of
accused Arun Kumar from near the wall of park situated at
Mangol Puri Industrial Area, Phase-II, one motorcycle bearing
no. DL-9SW-4884 was seized, which was used in the
commission of offence.
PW19 is SI Raj Kumar. He deposed that on
21.06.2011, he was posted at PS Bawana as ASI and on that day,
he alongwith Ct. Harpal was on Emergency Duty and on receipt
of DD No.29A already Ex.PW7/A, he alongwith Ct. Harpal at
about 4:30 p.m., reached at Shivam Property, Barwala Road,
Pooth Khurd, Delhi, where a crowd was found gathered there.
That in the meantime, Inspector Rakesh alongwith staff also
reached there and Ct. Kuldeep alongwith DD No.29A also
reached there. He further deposed that PCR staff was also present
at the spot. That blood was found lying in the room besides the
property dealer office in front of the door and one mobile phone
Samsung, Tata Indicom black colour was found lying there and
four empty cartridges were also found lying there near the spot.
He further deposed that one person i.e. accused Amit
was beaten by the public and upon his instructions, accused Amit
in the custody of Ct. Vinod was shifted to the M.B. Hospital
through PCR personnel. That one splendor motorcycle was lying
at the spot. He further deposed that he also found one lead piece
near the cooler. That complainant Raj Kumar was found present
at the spot and he met them there and it came to our knowledge
that accused Amit was apprehended by complainant Raj Kumar
Digitally
SC No.57434/2016 , FIR No. 211/11, PS Bawana signed by
VANDANA
State Vs. Amit Kumar Etc. VANDANA Date:
Page No. 27 of 72
2026.07.14
16:11:36
+0530
-:28:-with the help of public persons. That complainant Raj Kumar had
produced the pistol recovered from accused Amit and handed
over the same to him at the spot. He further deposed that Crime
Team was called at the spot and Crime team officials had
inspected the place of occurrence and took the photographs of the
place of occurrence. That he had checked the magazine and
unloaded it and from inside the said magazine, two live
cartridges were taken out. That he had prepared the sketch of the
pistol and two live rounds and also measured the said pistol and
cartridges and thereafter the same was taken into possession vide
seizure memo Ex.PW1/C. He had also prepared the sketch
Ex.PW1/D of the four empty cartridges and one lead found at the
spot. He had kept the said cartridges and lead piece in a pullanda
and taken into possession vide seizure memo Ex.PW1/E. He
further deposed that the blood was lifted from the spot and taken
into possession vide seizure memo already Ex.PW1/F. He had
also lifted the earth control and blood stained earth control from
the spot and were taken into possession vide seizure memos
Ex.PW1/H and Ex.PW1/G. He had also seized the mobile phone
Tata Indicom vide seizure memo Ex.PW1/K and the motorcycle
number DL-1SR-8514, Hero Honda Splendor vide seizure memo
Ex.PW1/J. He further deposed that one Nokia mobile phone
found lying near the rear tyre of the aforesaid motorcycle and
was taken into possession vide seizure memo Ex.PW1/L. He had
also filled FSL Form at the spot and he alongwith Ct. Harpal
reached at Saroj Hospital where he had collected the MLC of theSC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally
signed by
State Vs. Amit Kumar Etc. VANDANA
VANDANA
Page No. 28 of 72
Date:
2026.07.14
16:11:42
+0530
-:29:-injured Ranbir, who was taken to Fortis Hospital, Shalimar Bagh
from Saroj Hospital by his relative.
He further deposed that in the Saroj Hospital, he had
prepared the rukka Ex. PW19/A and handed over the same to Ct.
Harpal, who went to the PS got the present FIR registered
through duty officer and returned to the spot i.e. Shivam
Properties, Pooth Khurd, Delhi and handed over the copy of FIR
and original endorsement to him, as from Saroj Hospital, he
returned back to the spot. He further deposed that before leaving
the Saroj Hospital, he had also seized one pulanda sealed vide
seizure memo Ex. PW19/B. He further deposed that at the spot,
he had prepared rough site plan Ex. PW1/M at the instance of
complainant Raj Kumar and thereafter, upon his instructions, Ct.
Harpal went to M. V. Hospital, Pooth Khurd and after medical
examination brought accused Amit to the spot. He had
interrogated accused Amit and effected his arrest vide arrest
memo Ex. PW15/B and conducted his personal search vide
memo Ex. PW15/C and recorded his disclosure statement Ex.
PW15/A. He had also recorded the supplementary statement of
complainant Raj Kumar.
He further deposed that on 22.06.2011, he had also
recorded the statement of eye witness Baldev at Fortis Hospital,
Shalimar Bagh. That during further investigation, efforts were
made for the search of remaining accused persons, but in vain
and further investigation of the present case was marked to SI
Randhir Singh pursuant to the orders of the SHO.
Digitally
SC No.57434/2016 , FIR No. 211/11, PS Bawana signed by
State Vs. Amit Kumar Etc. VANDANA
VANDANA Date:
2026.07.14 Page No. 29 of 72
16:11:51
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-:30:-
PW20 is Inspctor Satish Kumar. He has deposed that
in 05.01.2012, he was posted at PS Bawana as SHO. That on that
day, SI Randhir has informed him that ASI Dinesh posted at PS
Sushant Lok, Gurgaon, Haryana had met him and handed over
the postmortem report and other inquest papers and one sealed
jar to him. PW20 had perused the case file and instructed SI
Randhir for adding offence u/s 302 IPC in the investigation. That
thereafter, the investigation of the present case was marked by
him to Inspector Rakesh.
He further deposed that on 23.03.2012, since Inspector
Rakesh was transferred, further investigation of the present case
was taken up by him and on the same day, he visited Rohini
Court and moved an application for issuance of production
warrants of accused Naveen @ Bali, Surender @ Neetu (since
expired), accused Harvinder @ CNG and Amit Kumar @ Neetu.
He further deposed that on 24.03.2012, the aforesaid accused
persons were produced before Ld. MM and he had moved an
application and after obtaining permission, interrogated all the
aforesaid accused persons except accused Surender @ Neetu,
who could not be produced before the court on that day. He
further deposed that after interrogation, he had effected the arrest
of accused Naveen @ Bali vide arrest memo Ex. PW20/A, that of
accused Harvinder @ CNG Ex. PW20/C and that of Amit Kumar
@ Neetu Ex. PW20/B.
He further deposed that he had made efforts for the
search of accused Arun Kumar and he had also obtained hisSC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally
State Vs. Amit Kumar Etc. signed by
VANDANA
VANDANA Date:
2026.07.14 Page No. 30 of 72
16:11:57
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-:31:-NBWs. That on 27.04.2012, he had effected the arrest of accused
Arun Kumar from outside the Rohini Court vide arrest memo Ex.
PW20/D and his personal search was conducted vide memo Ex.
PW20/E. He further deposed that he had also obtained the
NBWs of accused Pradeep @ Bhola and Surender @ Neetu (now
both expired).
He further deposed that during investigation, he had
also sent the exhibits to FSL Rohini through one police official
and he had also collected the FSL report. That thereafter, he had
prepared three supplementary chargesheets and filed the same in
court.
PW21 is Dr.Karunaka, who deposed that on
23.12.2011, he was working as Addl. DCP, Outer District, Delhi
and had accorded sanctions U/S 39 Arms Act against accused
Amit S/o Krishan and Harvinder @ CNG for their prosecution
for offence punishable u/s 25 Arms Act in the present case. The
sanctions accorded by him are Ex. PW21/A and Ex.PW21/B.
PW22 is HC Vinod Kumar, who deposed that on
21.06.2011, he was posted at PS Bawana as a Constable and on
that day, while he was present on patrolling and was present at
Pooth, there he received an information regarding the occurrence
of the present case. That on or about 4:30 pm, he had reached at
the place of occurrence i.e. Shivam Property, Pooth Khurd,
Barwala Road, where he met Inspector Rakesh and other staff.
PCR van was also present at the spot. There was a gathering of
many public persons in the compound of Shivam Property. A
Digitally
SC No.57434/2016 , FIR No. 211/11, PS Bawana signed by
VANDANA
State Vs. Amit Kumar Etc. VANDANA Date:
2026.07.14
16:12:03 Page No. 31 of 72
+0530
-:32:-large quantity of blood was scattered in the compound of Shivam
Property. That he also came to know that injured was already
removed to Saroj Hospital in a private vehicle by the friends.
He further deposed that at the spot, at some distance
four empty rounds were lying. That near the cooler, one bullet
lead was found, one mobile phone Samsung Tata Indicom black
colour was lying near the said blood stains. That complainant Raj
Kumar had produced one person i.e. accused Amit @ Mittu.
Accused Amit was found having injuries as he was stated to be
beaten up by the public. Accused Amit @ Mittu was taken to
Pooth Khurd hospital by me in a PCR van for his medical
examination. After getting accused Amit medically examined, he
alongwith Ct. Harpal brought accused Amit to the place of
occurrence. He further deposed that one pistol was also produced
by complainant which was snatched from the hand of accused
Amit @ Mittu. Crime team was called at the spot. Crime team
reached at the spot. They inspected the spot and photographer
took the photographs of the spot from different angels. At the
spot, the blood stained earth control was lifted, which was kept in
a small plastic box and sealed with the seal of RK and taken into
possession vide seizure memo Ex. PW1/G. The earth control was
lifted, which was kept in a small plastic box and sealed with the
seal of RK and taken into possession vide seizure memo Ex.
PW1/H.
He further deposed that ASI Raj Kumar prepared the
sketches of four empty cartridges and a lead. The said sketchesSC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally
signed by
VANDANA
VANDANA Date:
2026.07.14
Page No. 32 of 72
16:12:09
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-:33:-are Ex. PW1/D. The said empty cartridge and lead were
separately sealed in a plastic container with the seal of RK and
the said pulandas were taken into possession vide seizure memo
Ex. PW1/E. The blood sample was also lifted and kept in a small
plastic box and sealed with the seal of RK and taken into
possession vide seizure memo Ex. PW1/F. Thereafter, the
magazine of the pistol was checked and it was found two live
cartridges. He further deposed that IO prepared the sketch of
pistol with magazine and two live cartridges and same were
measured. On the barrel of pistol, it was written ‘VIDIL’ made in
Spain. The sketch of said pistol and cartridges are Ex. PW1/B.
The said pistol and two live cartridges were converted into a
pulanda and sealed with the seal of RK. FSL form was filled and
pulanda was taken into possession vide seizure memo Ex.
PW1/C.
He further deposed that outside the gate, one
motorcycle make Hero Honda Splendor bearing no.
DL-1SR-8514 was also seized vide seizure memo Ex. PW1/J.
That the mobile phone make Samsung Tata Indicom of black
colour was checked and it was also converted into a pulanda and
sealed with the seal of RK and taken into possession vide seizure
memo Ex. PW1/K.
He further deposed that he alongwith Ct. Kuldeep was
left at the spot for the safe guard of the spot, while ASI Raj
Kumar alongwith Ct. Harpal Singh went to Saroj Hospital. At
about 9:00 pm, ASI Raj Kumar came back at the spot.
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally signed
by VANDANA
VANDANA Date:
2026.07.14 Page No. 33 of 72
16:12:15
+0530
-:34:-He further One Nokia mobile phone of dark grey
colour was found lying near the seized motorcycle and its IMEI
Number was checked and mentioned in the seizure memo.
Thereafter the said mobile phone was converted into a pulanda
and sealed with the seal of RK and taken into possession vide
seizure memo Ex. PW1/L.
He further deposed that accused Amit @ Mittu was
interrogated and during the interrogation, he voluntarily
disclosed his confessional statement Ex. PW15/A. Thereafter,
accused Amit @ Mittu was arrested vide arrest memo Ex.
PW15/B and his personal search was conducted vide memo Ex
PW15/C. He further deposed that thereafter, all of them came
back at police station and case property was deposited with MHC
(M) and accused was sent to lock-up.
He further deposed that thereafter, on 25.06.2011, he
alongwith Ct. Kuldeep had again joined the investigation with IO
SI Randhir Singh and on that day, they left the police station at
about 8:15 am and went in search of wanted accused namely
Naveen @ Bali and reached at Village Sultanpur but the house of
the accused Naveen @ Bali was found locked. That when they
were proceeding from Village Sultanpur, one secret informer met
the IO SI Randhir Singh and he informed that the driver of
Accent car would come from Village Nangal towards
Kanjhawala Road, who was involved in the incident of firing
dated 21.06.2011. That on receiving this information, they
reached at Kanjhawala Road, Nangal Mod, there IO SI Randhir
SC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally signed
by VANDANA
State Vs. Amit Kumar Etc. Date:
VANDANA
Page No. 34 of 72
2026.07.14
16:12:21
+0530
-:35:-Singh requested 4-5 passersby to join the raiding
team/investigation, but none agreed and left the spot without
disclosing their names and addresses. He further deposed that at
about 9:00 am, they started checking the vehicles after putting
the barricades on the road and at about 9:10 am, one Accent car
of dark blue colour came from the side of Village Nangal and
same was signaled to stop. That on seeing the police party, the
driver of the said Accent car tried to take U-turn, but the engine
of the said car was stopped. That all the members reached near
the said Accent car. The driver of the said Accent car was
apprehended and on checking the registration number of the
Accent car was found to be DL-6CG-2875. The driver of the said
car disclosed his name as Ashish @ Ashu S/o Zile Singh R/o
VPO Daboda Khurd, PS Bahadurgarh, Haryana. Accused Ashish
@ Ashu (now expired) was interrogated and arrested vide arrest
memo Ex. PW15/D and his personal search was conducted vide
memo Ex. PW15/E. That the Accent car no. DL-6CG-2875 was
also taken into possession vide seizure memo Ex. PW15/F and
the disclosure statement of accused Ashish @ Ashu was also
recorded which is Ex. PW15/G.
He further deposed that as per the disclosure of
accused Ashish @ Ashu, he lead them to near canal Sultanpur
Pooth Khurd and on his pointing out, one Alto car bearing no.
DL-2CAK-2530 of white colour was seized vide seizure memo
Ex. PW15/H and he told us that the said car belongs to Naveen
@ Bali. That thereafter, he led them to the place of occurrenceSC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally signed
by VANDANA
State Vs. Amit Kumar Etc. VANDANA Date:
2026.07.14
16:12:27
+0530
Page No. 35 of 72
-:36:-i.e. Shivam Property, Pooth Khurd, Barwala, Delhi and on his
pointing out, pointing out memo was prepared which is Ex.
PW15/J. That thereafter, both the cars i.e. Accent car and Alto
car were brought to Firni Road, Pooth Khurd and Ct. Kuldeep
was left there for the safeguard of both the cars and PW22,
alongwith IO and accused Ashish @ Ashu again went to Shivam
Property. Accused Ashish @ Ashu pointed out the said property
office i.e. place of occurrence. Thereafter, they returned back the
aforesaid place and then left for PS. He has further deposed that
case properties i.e. both the cars were deposited with MHC (M).
That accused Ashish @ Ashu was taken to hospital for his
medical examination and thereafter was sent to lock-up.
He further deposed that thereafter, on 27.06.2011, he
had again joined the investigation with IO SI Randhir and Ct.
Kuldeep and on that day, they came to Rohini Court, as the
accused persons namely Arun @ Annu, Pradeep @ Bhola and
Harvinder @ CNG were appeared in the court in pursuance of
production warrants. That IO moved an application for
interrogation and arrest, which was allowed. That thereafter,
accused Pradeep @ Bhola, Arun Kumar @ Annu and Harvinder
@ CNG were interrogated and arrested vide arrest memos Ex.
PW15/K, Ex. PW15/L and Ex. PW15/M and all the three accused
were separately interrogated one by one.
He further deposed that accused Harvinder @ CNG
voluntarily made his disclosure statement Ex. PW15/N. That
accused Pradeep @ Bhola voluntarily made disclosure statementSC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally signed
by VANDANA
State Vs. Amit Kumar Etc.
VANDANA Date:
2026.07.14
16:12:33
Page No. 36 of 72
+0530
-:37:-Ex. PW15/O. Accused Arun made disclosure statement Ex.
PW15/P. That thereafter, accused Arun and Pradeep were
produced in the court and sent to JC. However, accused
Harvinder @ CNG was remanded to police custody. Thereafter,
accused Harvinder @ CNG led them to village Bhorgarh in
search of accused Naveen @ Bali i.e. in the office of Naveen @
Bali, but accused Naveen @ Bali was not found there.
He further deposed that accused Harvinder @ CNG
was taken to hospital for his medical examination and he also led
them to the place of occurrence and on his pointing out memo of
place of occurrence Ex. PW15/Q was prepared. Thereafter, he
was sent to lock-up. Thereafter, on 28.06.2011, he had again
joined the investigation of the present case with IO SI Randhir
Singh and Ct. Kuldeep and on that day, accused Harvinder @
CNG was taken out from the lock-up and led them for the
recovery of pistol at Prahladpur Khera Road, near the Bawana
canal, from there accused Harvinder @ CNG, as per his
disclosure lead them in the fields and on the corner of the fields,
underneath of brick, he got recovered one pistol. The pistol was
checked and on checking two live cartridges were found inside
the magazine of the pistol. That thereafter, IO prepared the
sketch of pistol and live cartridges and same were measured. The
sketch of pistol and cartridges are Ex. PW15/R. The said pistol
and cartridges were converted into a pulanda and sealed with the
seal of RS and FSL form was filled and pulanda was taken into
possession vide seizure memo Ex. PW15/S. That thereafter, theySC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally signed
by VANDANA
State Vs. Amit Kumar Etc. VANDANA Date:
2026.07.14
Page No. 37 of 72
16:12:38
+0530
-:38:-came back to police station and case property was deposited with
the MHC (M).
He has identified the case property i.e. four empty
rounds and one bullet lid collectively Ex. P15/1, one mobile
phone make Samsung Tata Indicom Ex. P15/2, one mobile phone
make Nokia Ex. P15/3, one pistol, on the barrel of which Vidil
Made in Spain is written and two cartridges (test fired)
collectively Ex. P15/4, one pistol and two cartridges (test fired)
Ex. P15/5.
PW23 Retd. SI Randhir Singh was one of the IO of the
present case, who deposed on the same lines as that of PW23 HC
Vinod regarding the investigation of the case.
PW24 Dr. Deepak Mathur and PW25 Dr. Hazari Lal
have deposed that on 03.01.2012, they had conducted
postmortem on the body of Ranbir Singh Dabas S/o Sh. Sitaram
Dabas with the alleged history of gunshot injury on 21.06.2012.
That as per alleged history, initially Ranbir Singh Dabas was
treated at Saroj Hospital and finally expired at Paras Hospital at
about 11:22 am, on 02.01.2012.
They further deposed that after conducting postmortem
on the body of Ranbir Singh Dabas, they had prepared
postmortem report no. DM/HL/11/12 Ex. PW24/A. That after
conducting postmortem, they had opined the cause of death of
Ranbir Singh Dabas was due to cardio respiratory arrest with
septicemia following antemortem multiple firearm injuries and
their consequences. That after conducting postmortem, theySC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally
State Vs. Amit Kumar Etc. signed by
VANDANAPage No. 38 of 72
VANDANA Date:
2026.07.14
16:12:44
+0530
-:39:-handed over original postmortem report, 40 inquest papers duly
signed by them, sealed pulanda of blood gauze of deceased and
sealed pulanda containing three bullets taken out from the body
of deceased during postmortem alongwith sample seal to the
investigation officer. That they had also handed over three X ray
films showing bullets in the body of the deceased to the
investigation officer. He also identified the three X ray plates of
General Hospital, Gurgaon and proved the said X ray plates as
collectively Ex. PW24/B.
PW26 is Retd. ASI Satbir Singh, who deposed that on
25.10.2013, he was posted at PS Vasant Kunj, North as ASI and
was working as DO from 12:00 midnight to 8:00 am (next
morning). That on that day, at about 2:30 am, he received rukka
from SI Rakesh Kumar sent by Inspector O. P. Thakur, on the
basis of which, he registered FIR No.453/13 u/s 186/353/307/34
IPC & 25/27 Arms Act on a computer with the help of computer
operator and proved the same as Ex. PW26/A. He further
deposed that after registration of FIR, he handed over original
rukka and copy of FIR to SI Rakesh Kumar to be handed over to
Inspector O. P. Thakur.
PW27 is Inspector Dinesh Kumar, who deposed that
on 02.01.2012, he was posted at PS Sushant Lok, Gurgaon,
Haryana as ASI and on that day, he received information through
telephone that Ranbir Singh, who was admitted in Paras Hospital,
Gurgaon had expired. That on receipt of this information, he
alongwith Ct. Ashok Kumar reached at Paras Hospital mortuary,
SC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally signed
by VANDANA
State Vs. Amit Kumar Etc.
VANDANA Date:
Page No. 39 of 72
2026.07.14
16:12:50
+0530
-:40:-where one Karambir Singh, Kuldeep and Anand met them. That
Karambir Singh, brother of deceased Ranbir Singh got recorded
his statement regarding death of his brother Ranbir Singh Dabas
that Ranbir Singh was his real brother and on 21.06.2011, in the
evening hours, some persons namely Amit, Harvinder and Bali
fired on his brother at his property office and FIR No. 211/11 u/s
307/34 IPC was registered at PS Bawana. PW27 further deposed
that in his statement, Karambir Singh also stated that in the
incident Ranbir Singh sustained injuries and firstly he was taken
to Saroj Hospital and thereafter Fortis Hospital, Delhi and
thereafter he was admitted to Artimis Hospital, Gurgaon and on
23.11.2011, he was admitted in Paras Hospital, Gurugram and on
02.01.2012 he had expired around 11:00 am.
PW27 further deposed that he prepared the inquest
papers related to death of Ranbir Dabas and handed over the
documents i.e. death summary and the other documents to Dr.
Deepak Mathur and Dr. Hazari Lal, GH, Gurugram for the
postmortem of Ranbir Singh. That he prepared form no. 25.35
alongwith the death summary including the statement of the
relatives of the deceased and also one report regarding the
information of the receipt of death of Ranbir at PS Sushant Lok
and the said inquest papers (running into 40 pages) are Ex.
PW27/A and postmortem report Ex. PW24/A. He further
deposed that the autopsy surgeon had also handed over to him
two sealed parcels sealed with the seals of Mortuary Gurgaon
and three X ray films.
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally signed
by VANDANA
Date: Page No. 40 of 72
VANDANA 2026.07.14
16:12:56
+0530
-:41:-
He further deposed that thereafter, on 05.01.2012, he
had handed over all the documents in sealed conditions to SI
Randhir Singh of PS Bawana, who seized the same vide seizure
memo Ex. PW27/B and had also handed over the RC no. 3 dated
05.01.2012 Ex. PW27/C. He further deposed that till the sealed
parcels/exhibits remained in his possession they were intact and
were not allowed to be tampered with and the same were also
handed over SI Randhir in the same condition.
PW28 is Ms. Seema Nain. She has deposed that on
12.09.2011, he was posted as Senior Scientific Officer (Biology),
FSL, Rohini. That on that day, four sealed parcels were received
in the office of FSL duly sealed with the seal of RK and SAROJ
HOSPITAL and the same were marked to her and the seals were
found intact.
She further deposed that she examined the parcels
biologically and serologically and prepared her report Ex.
PW28/A and its serological report Ex. PW28/B.
CW1 is Process Server HC Anil Kumar, who
executed the process under Section 82 Cr.P.C. qua accused Amit
Kumar.
Documents produced on behalf of prosecution
Ex.PW1/A Statement of the complainant
Ex.PW1/B Sketch of the pistol and two live rounds
Ex.PW1/C Seizure memo of pistol and two live
rounds
Ex.PW1/D Sketch of four empty shells and led
piece
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally
Page No. 41 of 72
signed by
VANDANA
VANDANA Date:
2026.07.14
16:13:03
+0530
-:42:-Ex.PW1/E Seizure memo of four empty shells and
led piece
Ex.PW1/F Seizure memo of gauze piece
Ex.PW/G Seizure memo of blood stained earth
Ex.PW1/H Earth control lifted from the spot
Ex.PW1/J Seizure memo of motorcycle bearing
no. DL1SR 8514 Hero Honda Splendor
Ex.PW1/K Seizure memo of mobile phone make
Samsung Tata Indicom black colour
Ex.PW1/L Seizure memo of mobile phone make
Nokia
Ex.PW1/M Site plan prepared at instance of
accused Amit Kumar
Ex.PW4/A DD No.32A
Ex.PW4/B Copy of FIR
Ex.PW4/C Endorsement of rukka
Ex.PW4/D Kayami entry as DD No.34-A
Ex.PW5/A Negatives of the 11 photographs of the
(colly) spot
Ex.PW5/B Eleven photographs of the spot
(colly)
Ex.PW6/A Crime scene reportEx.PW7/A Attested copy of DD No.29A
Ex.PW7/B Personal search of accused Sachin
Ex.PW7/C Disclosure statement of accused Sachin
Ex.PW10/A Arrest memo of accused Arun Kumar
@ Antu @ Anu @ Pehlwan in case FIR
No. 242/11 PS Mangol Puri
Ex.PW10/B Personal search of accused ArunSC No.57434/2016 , FIR No. 211/11, PS Bawana
Digitally
State Vs. Amit Kumar Etc. signed by
VANDANA
VANDANA Date: Page No. 42 of 72
2026.07.14
16:13:09
+0530
-:43:-Kumar @ Antu @ Anu @ Pehlwan in
case FIR No. 242/11 PS Mangol Puri
Ex.PW10/C Arrest memo of accused Pradeep
Sehrawat @ Bhola in case FIR No.
242/11 PS Mangol Puri
Ex.PW10/D Personal search memo of accused
Pradeep Sehrawat @ Bhola in case FIR
No. 242/11 PS Mangol Puri
Ex.PW10/E Disclosure statement of accused Arun
Kumar @ Antu @ Anu @ Pehlwan in
case FIR No. 242/11 PS Mangol Puri
Ex.PW10/F Disclosure statement of accused
Pradeep Sehrawat @ Bhola in case FIR
No. 242/11 PS Mangol Puri
Ex.PW12/A Copy of FIR No. 242/11 PS Mangol
Puri
Ex.PW13/A Photocopies of entry no.392/11 in
Register No.19
Ex.PW13/B Photocopies of entry nos.394/11 in
(colly) Register No.19
Ex.PW13/C Photocopies of entry no.397/11 in
Register No.19
Ex.PW13/D Photocopies of entry no.414/11 in
Register No.19
Ex.PW13/E Photocopies of entry no.19/12 in
Register No.19
Ex.PW13/F Photocopy of RC No. 152/21/11
Ex.PW13/G Photocopy of acknowledgment from
FSL
Ex.PW13/H Photocopy of RC No. 153/21/11
Ex.PW14/J Photocopy of acknowledgment from
FSL
Ex.PW13/K Photocopy of RC No. 214/21/12SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. DigitallyPage No. 43 of 72
signed by
VANDANA
VANDANA Date:
2026.07.14
16:13:15
+0530
-:44:-Ex.PW13/L Photocopy of acknowledgment from
FSL
Ex.PW14/A MLC No. 3307 of deceased Ranbir
Singh
Ex.PW14/B Medical Document regarding LAMA
of deceased Ranbir Singh
Ex.PW15/A Disclosure statement of accused Amit
Ex.PW15/B Arrest memo of accused Amit
Ex.PW15/C Personal search memo of accused Amit
Ex.PW15/D Arrest memo of accused Ashish @
Ashu
Ex.PW15/E Personal search memo of accused
Ashish @ Ashu
Ex.PW15/F Seizure memo of Accent car bearing
registration no. DL-6CG-2875
Ex.PW15/G Disclosure statement of accused Ashish
@ Ashu
Ex.PW15/H Seizure memo of Alto car bearing
registration no. DL-2CAK-2530
Ex.PW15/J Pointing out memo of the place of
occurrence prepared at instance of
accused Ashish @ Ashu
Ex.PW15/K Arrest memo of accused Pradeep @
Bhola
Ex.PW15/L Arrest memo of accused Arun Kmar @
Annu
Ex.PW15/M Arrest memo of accused Harvinder @
CNG
Ex.PW15/N Disclosure statement of accused
Harvinder @ CNG
Ex.PW15/O Disclosure statement of accused
Pradeep @ BholaSC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
Page No. 44 of 72
Digitally
signed by
VANDANA
VANDANA Date:
2026.07.14
16:13:21
+0530
-:45:-Ex.PW15/P Disclosure statement of accused Arun
Kumar @ Annu
Ex.PW15/Q Pointing out memo of the place of
occurrence prepared at instance of
accused Harvinder @ CNG
Ex.PW15/R Sketch of pistol and live cartridges
recovered at the instance of accused
Harvinder @ CNG
Ex.PW15/S Seizure memo of pistol and live
cartridges recovered at the instance of
accused Harvinder @ CNG
Ex.PW16/A FSL report dated 28.02.2023
PW18/A Pointing out memo of the place of
occurrence prepared at instance of
accused Arun Kumar @ Annu
PW18/B Pointing out memo of the place of
occurrence prepared at instance of
accused Pradeep Sehrawat
Ex.PW19/A Rukka
Ex.PW19/B Seizure memo of pullands from Saroj
Hospital
Ex.PW20/A Arrest memo of accused Naveen @
Bali
Ex.PW20/B Arrest memo of accused Amit Kumar
@ Neetu
Ex.PW20/C Arrest memo of accused Harvinder @
CNG
Ex.PW20/D Arrest memo of accused Arun Kumar
Ex.PW20/E Personal search memo of accused Arun
Kumar
Ex.PW21/A Sanction U/s 39 Arms Act qua accused
Amit
Ex.PW21/B Sanction U/s 39 Arms Act qua accused
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
Page No. 45 of 72
Digitally signed
by VANDANA
Date:
VANDANA 2026.07.14
16:13:27
+0530
-:46:-Harvinder @ CNG
Ex.PW23/A Arrest memo of accused Surender
Ex.PW23/B Arrest memo of accused Naveen @
Bali
Ex.PW23/C Disclosure statement of accused
Naveen @ Bali
Ex.PW23/D Pointing out memo prepared at the
instance of accused Naveen @ Bali
Ex.PW24/A Postmortem report of deceased
Ex.PW24/B Three X-ray plates of the deceased
(colly)
Ex.PW26/A Copy of FIR No. 453/13 PS Vasant
Kunj
Ex.PW27/A Inquest papers (running into 40 pages)
Ex.PW27/B Seizure memo of the
documents/exhibits handed to SI
Randhir Singh by Inspector Dinesh
Kumar
Ex.PW27/C Copy of RC No. 3 dated 05.01.2012
Ex.PW28/A FSL report by Ms.Seema Nain
Ex.PW28/B Serological report by Ms.Seema Nain
Ex.CW1/A Report of process server process under
Section 82 Cr.P.C. qua accused Amit
Kumar
Ex.CW1/B GD No. 68A
Ex.CW1/C GD No.71AList of Material Objects
Ex.P15/1 Four empty rounds and one bullet lid
Ex.P15/2 Mobile phone make Samsung Tata
SC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally
State Vs. Amit Kumar Etc. signed by
VANDANA
VANDANA Date:
2026.07.14
Page No. 46 of 72
16:13:33
+0530
-:47:-Indicom
Ex.P15/3 Mobile phone make Nokia
Ex/P15/4 Pistol on barrel of which Vidil Made
(colly) in Spain is written and two cartridges
(test fired)
Ex.P15/5 One pistol and two cartridges (test
(colly) fired)STATEMENT OF ACCUSED UNDER SECTION 313 Cr.P.C
4. After closure of PE, the statement of the accused
Amit Kumar was recorded u/s 313 Cr.P.C. on 09.09.2019
wherein he denied all the evidence put to him and stated that he
has falsely implicated in the present case.
Accused Amit Kumar opted not to lead any defence
evidence.
5. Thereafter, matter was fixed for final arguments.
6. It is pertinent to mention that during the
proceedings, accused Amit Kumar was declared a proclaimed
offender vide order dated 04.07.2025. Later on, on an application
moved on behalf of accused, he was produced from Sonepat Jail.
7. After hearing Ld. Addl. PP for the State and ld.
Counsel for accused, additional charge for the offence punishable
under Section 174A IPC was framed against the accused, for
which accused pleaded guilty. Therefore, no evidence was led
by the prosecution in this regard and matter was fixed for final
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally signed
by VANDANA
Page No. 47 of 72
Date:
VANDANA 2026.07.14
16:13:40
+0530
-:48:-arguments.
8. I have heard Dr. Sarita Rani, Ld. Addl. PP for the
State and Sh.Jai Prakash Sharma, ld. Counsel for accused Amit
Kumar.
ARGUMENTS ADVANCED BY LD. ADDL. PP FOR THE
STATE
9. It was argued by Ld. Addl. PP for the State that the
allegations levelled against the accused are of serious nature and
through the testimonies of material witnesses, the prosecution has
proved its case beyond reasonable doubt and accused persons
deserves conviction.
It was further argued that all the police officials have
clearly proved the chain and the manner of investigation and
merely because the witnesses are police officials their testimony
cannot be disbelived and for this reliance is placed on the case of
Girija Prasad Vs. State of M.P. (2007) 7 SCC 625 and that
accused has pleaded guilty for the offence punishable under
Section 174A IPC.
ARGUMENTS ADVANCED BY LD. COUNSEL FOR
ACCUSED AMIT KUMAR.
10. On the other hand, Ld. Counsel for accused has
argued that accused persons have been falsely implicated. It was
argued that there is no eye witness to the crime. That the material
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally signed
Page No. 48 of 72
by VANDANA
Date:
VANDANA 2026.07.14
16:13:46
+0530
-:49:-prosecution witnesses i.e. PW1, PW2, PW3 and PW11 have
failed to identify the accused persons or that they even saw the
alleged offence. That the forensic evidence also does not support
the case of the prosecution and recovery, if any, has been
planted. It is also argued that the co-accused persons have
already been acquitted vide judgment dated 30.01.2023 passed
by Ld. Predecessor of this Court. That benefit of doubt has to be
granted to the accused and accordingly, accused deserve
acquittal.
11. I have heard the arguments at length and perused the
entire record.
FINDINGS
12. Briefly stated, the prosecution story is that on
21.06.2011 at about 4.00 p.m. at Khasra No. 154, Plot No.548,
Pooth Khurd, Barwala Road, Delhi, within the jurisdiction of PS
Bawana, one Ranbir had been inflicted with gunshot injuries by
the accused persons, who tried to flee away from the spot. The
injured was taken to Saroj Hospital and a DD No.32A had been
recorded. That accused Amit Kumar was apprehended by the
complainant and one pistol was also recovered from him from
the spot. That the injured Ranbir succumbed to his injuries and
as per the postmortem report, the cause of death was opined to be
cardio respiratory arrest with septicemia following ante mortem
multiple firearm injuries and their consequences. The statement
Digitally signed
by VANDANA
SC No.57434/2016 , FIR No. 211/11, PS Bawana VANDANA Date:
State Vs. Amit Kumar Etc. 2026.07.14
16:13:53Page No. 49 of 72
+0530
-:50:-of witnesses were recorded and the complainant had stated that
on the date and time of incident, he was present in the office of
the deceased Ranbir along with Sandeep and Baldev. One person
slightly opened the door of the office and told Ranbir that there
was a call for him. When Ranbir went out, there was noise of
gunshots and after few minutes when the complainant Raj Kumar
along with Sandeep and Baldev came out, they saw Ranbir lying
in a pool of blood on the floor and he was taken in a car to Saroj
Hospital. From there, he was shifted to Fortis Hospital and after
4-5 months he was shifted to another hospital at Gurgaon, where
he remained admitted for 20 to 25 days and later on succumbed
to his injuries. That the assailant Amit Kumar was apprehended
with a pistol on the spot and accused Harvinder @ CNG
managed to skip towards Barwala village leaving his motorcycle
behind. That other co-accused Arun Kumar and Naveen @ Bali
were present outside in a white Alto car and after the incident
immediately fled away towards Barwala in the said car which
was driven by accused Naveen @ Bali. Co-accused Pradeep and
Ashish were also present in one Ascent car which was parked
near the place of incident and even they fled away in the said
Ascent car after the incident. PCR was called at the spot and after
investigation, four empty shells and led piece recovered from the
spot. Blood sample of the deceased was lifted from the spot in a
gauze piece along with blood stained earth and earth control.
The motorcycle bearing no. DL1SR-8514 Hero Honda Splendor
was also taken into possession from the spot along with oneSC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally
signed by
State Vs. Amit Kumar Etc. VANDANA
VANDANA Date:
2026.07.14
Page No. 50 of 72
16:14:01
+0530
-:51:-mobile phone make Nokia. After all the investigation, the
accused was arrested and charge-sheet was filed.
13. Accused Amit has been charged for the commission
of offence punishable under Section 302 read with 120B IPC. In
addition, accused Amit was also charged with Section 25/27
Arms Act for possessing and using a pistol without license in the
commission of the murder of one Ranbir and under Section 174A
IPC.
14. The relevant Section is reproduced as under:
SECTION 302 IPC
“Whoever commits murder shall be
punished with death, or
[imprisonment for life], and shall
also be liable to fine”.
SECTION 120B IPC
“Whoever is a party to a criminal
conspiracy to commit an offence
punishable with death,
[imprisonment for life] or rigorous
imprisonment for a term of two
years or upwards, shall, where no
express provision is made in this
Code for the punishment of such a
conspiracy, be punished in the same
manner as if he had abetted such
offences”.
SECTION 25 ARMS ACT
“……. Whoever acquires, has in his
possession or carries any prohibited
arms or prohibited ammunition in
contravention of section 7 shall be
punishable with imprisonment for aSC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally signed
by VANDANA
VANDANA Date:
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-:52:-term which shall not be less than
five years, but which may extend to
ten years and shall also be liable to
fine”.
15. It is a settled law of criminal jurisprudence that a
person is believed to be innocent till the guilt is proved against
him. This principle is called The Presumption of Innocence. In
another words, the accused is entitled to take advantage of
reasonable doubt in respect of his crime. The principle finds its
genesis in the Declaration of Human Rights under Article 11
Section 1 incorporated by the United Nations in 1948. It is also
mentioned in the European Convention for the Protection of
Human Rights in Article 6 Section 2 and United Nations
International Covenant on Civil and Political Rights under
Article 14, Section 2.
Presumption of Innocence is a re-statement of the
rule that in criminal matters the prosecution has the burden of
proving guilt of the accused in order to be convicted of the crime
of which he is charged.
In Chandrashekhar Vs. State of Himachal Pradesh
decided on 06.07.2018 relying on judgment of Data Ram Singh
Vs. State of UP passed by the Hon’ble Supreme Court on
06.02.2018, it was held that:
“the freedom of an individual is utmost
important and cannot be curtailed specially
when guilt if any, is yet to be proved. It
is settled law that till such time guilt of a
person is proved, he is deemed to be
innocent…….. A fundamental postulate of
criminal juris prudence is a presumption of
Digitally signed
by VANDANA
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-:53:-innocence meaning thereby that a person is
believed to be innocent until found
guilty……….
Thus, it is a settled law that it is for the prosecution
to prove the guilt of the accused beyond reasonable doubt.
16. In this backdrop, I proceed to delve upon the
evidence adduced on behalf of the prosecution.
MATERIAL WITNESS
17. The prosecution has heavily relied upon the
testimony of PW1 Raj Kumar (uncle of deceased), PW2
Sandeep, PW3 Baldev and PW11 Ajit Singh.
PW1 Rajkumar had deposed that on 21.06.11 at
about 3.45 p.m. he was present in the office of Ranbir situated at
Pooth Khurd, Barwala Road, Delhi along with Sandeep and
Baldev. That one person slightly opened the door of the office
and told Ranbir that there is a call for him. Ranbir went outside
to attend the call and when they were inside the office, he heard
the gun shots. That after five ten minutes, he, Sandeep and
Baldev came out and saw Ranbir lying on the floor. That they
removed him in their car to Saroj Hospital. He further deposed
that his statement was not recorded by the police but again said
his signatures were obtained on a something written on a paper in
the police station contents of which he do not know. He proved
the same as Ex.PW1/A. He further deposed that Ranbir was
shifted to Fortis Hospital and after four five months, from there
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State Vs. Amit Kumar Etc. Digitally signed
by VANDANA
VANDANA Date:
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-:54:-he was shifted to a hospital in Gurgaon where he remained
admitted for 20-25 days and later on he had expired. He further
deposed that he had not seen the assailants and had only heard
the gun shots.
But PW1 further deposed that in his presence, no
one was apprehended at the spot. He further deposed that he
cannot say whether the assailants came on foot or on any vehicle
and that he had also not seen any assailant running away. He
further deposed that he had seen the person who had informed
Ranbir about the phone call. He categorically stated that he had
not seen the accused persons.
Despite a lengthy cross-examination by Ld. Addl.
PP for the State, nothing incriminating could be culled out from
his testimony against the accused persons. On a specific
suggestion, he stated that it is incorrect to suggest that he had
stated to the police that at about 4.00 p.m. when I along with
Ranbir, Sandeep S/o. Mahender and Baldev were sitting in the
office of Ranbir, namely Shivam Property, Khasra No. 154, Plot
No. 548, Pooth Khurd, Barwala Road, accused Harvinder @
CNG S/o. Harpal Singh came there (present in the court today)
along with one another boy or that accused Harvinder @ CNG
after opening the glass door of the office called Ranbir to talk on
telephone with some one or that when Ranbir (deceased) came
outside the gate of the office in compound, sound of firing was
heard or that on hearing the sound I along with Sandeep and
Baldev came outside the office, found Ranbir bleeding, fallenSC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally
signed by
State Vs. Amit Kumar Etc. VANDANA
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-:55:-down on the ground and both aforesaid assailants were running
towards the gate of compound carrying pistols in their hands or
that trying to start motorcycle no. DL 1 SR 8514 or that we
chased them or that one of the assailants was apprehended with
pistol whose name revealed as Amit S/o. Sh. Krishan present in
the court today or that Harvinder @ CNG leaving the motorcycle
behind managed to skip towards Barwala Village, Delhi. He
completely resiled from his earlier complaint Ex.PW1/A. He
further resiled from his earlier statement and denied the
suggestion that he had ever stated to the police that two
accomplice of accused Harvinder @ CNG and Amit were present
in a white car who were also at that time in the car fled away
towards Barwala or that to whom he can identify if shown to
him. He further denied that Arun Kumar @ Annu and Naveen @
Bali were present in the aforesaid white car make Alto and both
the accused immediately after the incident fled away towards
Barwala in the said Alto car which was driven by accused
Naveen @ Bali. He has further denied the suggestion that one
Ascent car was also parked near the place of incident or that
accused Pradeep and Ashish present in the court today were
present in that Ascent car and they also fled away in the said
Ascent car towards Bawana driven by accused Pradeep.
18. Thus, the complainant completely resiled from his
earlier version and denied the material facts and failed to identify
the accused persons. Thus, solely based on his testimony, noSC No.57434/2016 , FIR No. 211/11, PS Bawana
Digitally
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VANDANA
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-:56:-conviction can be made out against the accused persons.
Now coming to the testimony of other material
witnesses PW2 and PW3. PW2 Sandeep and PW3 Baldev were
supposedly present in the office of deceased at the time of
incident. PW2 Sandeep is a hearsay witness, who deposed that
he was sleeping inside the cabin and was woken up by Raj
Kuamr and Baldev, who informed him that Ranbir had received a
bullet injury but he categorically deposed that he was not told
about the assailants or who caused injuries to Ranbir and that
none of the accused persons fired on Ranbir in his presence nor
any of the accused was apprehended. Even, his statement was
not recorded by the Investigating Agency and was later placed on
record as Mark A1. Despite a lengthy cross-examination by Ld.
Addl. PP for the State, the said witness also failed to identify the
accused persons or that he had ever seen them before.
PW3 Baldev deposed that on 21.06.11, he was
present and sleeping in the side cabin of the office of Ranvir
Singh at Pooth Khurd. That at about 4:00 PM, he heard some
noise and got up and saw Ranbir lying on the floor and he was
bleeding. He further deposed that people present there were
saying that he had been shot by someone. That thereafter, he
called the police at number 100 and took Ranvir to Saroj Hospital
and he do not know anything else about the present case. He
merely deposed regarding the factum of Ranbir lying in pool of
blood and that he had called 100 number but he has not
specifically named any accused to have committed the crime or ifSC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally
State Vs. Amit Kumar Etc. signed by
VANDANA
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-:57:-he ever saw anyone at the spot. He denied making any statement
to the police on 22.06.2011 marked as Mark A and has not
supported the case of the prosecution.
PW11 Ajit Singh, who was working in the office of
Ranbir Singh, is a hearsay witness, who deposed that he had
reached the office after the incident and deposed that someone
had fired shot upon Ranbir Singh and injured was being taken to
the hospital. The said witness also reached Saroj Hospital in his
own vehicle but the injured was shifted to Fortis Hospital,
Shalimar Bagh from there and categorically stated that apart this,
he knows nothing else about the case. There is nothing to suggest
from his testimony that he was told about the assailants or who
caused injuries to Ranbir and that if any of the accused persons
fired on Ranbir in his presence nor any of the accused was
apprehended. Despite his cross-examination by Ld. Addl. PP for
the State, he completely resiled from his earlier statement mark
PW11/A.
Thus, all the four star witnesses of the prosecution
failed to identify the accused persons or that even the manner in
which the alleged crime was committed.
FORENSIC/SCIENTIFIC EVIDENCE
19. It is the case of the prosecution that one pistol and
two live cartridges were seized and also four empty cartridges
and one lead found at the spot and to be in possession of accused
Amit Kumar and Harvinder @ CNG.
Digitally signed
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State Vs. Amit Kumar Etc. VANDANA Date:
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-:58:-PW15 had deposed that one pistol was recovered
containing two live cartridges in his magazine, Prahlad Pur
Khera Road, near the Bawana canal on the corner of the fields
which was got recovered on disclosure of accused Harvinder @
CNG. The said pistol and cartridges were taken into possession
vide seizure memo Ex.PW15/S. The sketch of the pistol and
empty live cartridges were prepared after measuring by PW23,
and exhibited as Ex.PW15/R. The same was thereafter, sent to
FSL for further investigation. As per the FSL report Ex.PW16/A
dated 28.02.2013, parcel no.3 containing one improvised pistol
7.65 mm caliber and two 7.65 mm cartridge cases had been
examined but they did not match and were opined to be not
found identical. The class characteristics of rifling marks present
on evidence bullets marked Ex.EB1 and Ex.EB2 and one
deformed bullet marked Ex.EB3 on test fired bullets marked as
Ex.TB1 and TB2 were examined and compared but were not
found identical. It is reported by concerned Ballistic Expert that
the evidence bullets EB1 and EB2 and deformed bullet EB3 have
not been discharged through the improvised pistol Ex.F2 which
was seized on the disclosure of accused Harvinder as per the
prosecution story.
Parcel no.2 containing one improvised pistol 9 mm
caliber and two 9 mm cartridge cases marked Ex.F1, A1 & A2.
PW16 deposed that He has further deposed that the bullets
marked Ex. EB1 to EB3 had not been discharged through the
improvised pistol 7.65 mm caliber marked Ex. F2 as the class
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally
Page No. 58 of 72
signed by
VANDANA
VANDANA Date:
2026.07.14
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-:59:-characteristics of rifling marks present on exhibits EB1 to EB3
and on test fired bullets marked TB1 and TB2 were not found
identical when examined under the comparison microscope.
Thus, from the forensic evidence, nothing incriminating could be
culled out against the accused persons.
RECOVERY OF WEAPON
20. It has been held in the landmark judgment of State
(NCT of Delhi) Vs. Sunil 2001 SCC, (Cri) 248, the Hon’ble
Supreme Court held that:
“when discovery is made pursuant to any
facts deposed by the accused, the discovery
memo prepared by the IO is necessarily
attested by the independent witnesses but if
no witness is present, it is difficult to lay
down as a proposition that the recovery must
be tainted or that or unreliable. But in such a
situation, the court has to consider the report
of the IO on its own merits”.
In Mani Vs. State of Tamilnadu decided on
08.01.2008, the Hon’ble Supreme Court, it has been held that:
“Discovery is a weak kind of evidence and
cannot be wholly relied upon and conviction
in such a serious matter cannot be based upon
discovery”.
In the case of Naveen kumar Verma Vs. State (Govt.
of NCT of Delhi) decided by Hon’ble High Court of Delhi on
03.07.2013 relying on the landmark judgment of Mohd. Jabbar
Vs. State decision 21.05.2010 Crl. A. 1022/18, it has been
reiterated that:
“The courts have to be cautioned and to
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Digitally signed Page No. 59 of 72
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Date:
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-:60:-vigilant against the non practice of the police
to plaint ordinary objects on the accused
persons to prove access by the accused to the
place where the crime was allegedly
committed”.
In Prabhu Vs. State AIR 1963, Supreme Court 1113,
recovery of a blood stained shirt and a dhoti as also on an axe on
which human blood was detected was held to be a weak evidence
as was also held in the case of Narsinghbhai Prajapati Etc. Vs.
Chatrasingh & Ors. AIR 1977 Supreme Court 1753, where
recovery of a blood stained shirt and a dhoti and also a dharia
(weapon of offence) were held to be a weak evidence.
In the case of Surjit Singh Vs. State of Punjab AIR
1994 Supreme Court 110, the watch of the deceased and a dagger
stained with the blood of the same group as that of the deceased
was held to be weak evidence.
In the present case, it was the case of the prosecution
that the accused persons were trying to flee from the spot after
committing the crime and one of the assailants Amit was
apprehended by the complainant with the help of public persons.
One pistol was also recovered from his possession. Another
recovery of the arms and ammunition is shown from the accused
Harvinder @ CNG from near a canal in the corner of the fields.
As the per the testimony of PW15 there were passersby/public
persons but no such public person either present on the spot
around the time of incident or the recovery of alleged weapon has
been made a part of the investigation.
SC No.57434/2016 , FIR No. 211/11, PS Bawana Digitally
State Vs. Amit Kumar Etc. signed by
VANDANA
VANDANA Date:
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-:61:-
21. PW15 in his cross-examination admitted that during
the recovery of the arms by the IO from accused Harvinder @
CNG there were passersby but IO did not note their names or
address nor served them any notice for not having joined the
investigation. No enquiries admittedly made by the IO from any
person who may have been working on the agricultural fields at
that time. Further, the PW15 admitted that neither there was any
videography which was conducted on the said recovery
proceedings nor any photographs were taken. He further
admitted that no crime team of Ballistic Expert had been called to
the place of recovery and that no finger prints were lifted by the
IO from the alleged weapon. He further admitted that the
recovery was made from an open public place accessible to all.
Similar was the admission of PW22 in his cross examination .
Thus, the recovery of the alleged weapon is under cloud.
MEDICAL EVIDENCE
22. PW14 is Dr. Akhil Vohra, Saroj Hospital. He has
deposed that on 21.06.2011 at about 4.30 p.m., patient Ranbir
Singh, S/o Sita Ram, 44 years male was brought to casualty by
his friend Sandeep with the alleged history of gun short injury,
one hour back to Pooth Khurd, Delhi. He examined the patient,
who was bleeding from right ear, bleeding from nostril, swelling
above the right eyebrow. The injuries were as under:
1. One wound 1X1 cm present in left lumbar (abdomen)
region, mid axillary line;
Digitally signed
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State Vs. Amit Kumar Etc. VANDANA Date:
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2. One wound 1X1 cm present on lateral aspect of middle
of left thigh;
3. One wound 1X1 cm present on medial aspect of upper
part of left thigh;
4. One wound 1X1 cm present on the left scrotum;
5. One wound 1X1 cm present on the occipital region.
He further deposed that the patient was found
unconscious and unfit for statement. He prepared the MLC No.
3307 Ex.PW14/A which is in his hand writing and bears his
signature. He further deposed that the patient was admitted in
ICU and thereafter, the patient left ICU against medical advise
(LAMA) at 7.30 p.m. and proved the said document as
Ex.PW14/B.
Thereafter the injured was admitted to Fortis
Hospital, Shalimar Bagh and after 4-5 months from there he was
shifted to hospital in Gurgaon. PW24 is Dr. Deepak Mathur and
PW25 Dr. Hazari Lal Specialists Forensic Medicine from Civil
Hospital, Gurgaon who conducted the postmortem of the
deceased Ranbir Singh Dabas and prepared the postmortem
report bearing No. DM/HL/11/12 Ex. PW24/A. As per the
postmortem report the cause of death was due to cardio
respiratory arrest with septicemia following ante mortem
multiple fire arm injuries and their consequences. However, this
opinion no where suggests that the gun shot injuries were
inflicted by the accused persons.
The date of incident is 21.06.2011 and the date of
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Digitally
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VANDANA
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death is 02.01.2012. In a span of more than 5 months, it is
surprising that the investigating officer could not record the
statement of the injured which could have been the most vital
piece of evidence and could have become a sort of dying
declaration later. No such statement has been proved by the
prosecution.
PUBLIC WITNESS
23. The incident is dated 21.06.2011 at about 03:45 PM
in broad daylight. It was the case of the prosecution that the
accused persons were trying to flee from the spot after
committing the crime and one of the assailants Amit was
apprehended by the complainant with the help of public persons.
One pistol was also recovered from his possession. Another
recovery of the arms and ammunition is shown from the accused
Harvinder @ CNG from near a canal in the corner of the fields.
As the per the testimony of PW15 there were passersby/public
persons but no such public person either present on the spot
around the time of incident or the recovery of alleged weapon has
been made a part of the investigation. PW15 in his cross-
examination admitted that during the recovery of the arms by the
IO from accused Harvinder @ CNG there were passersby but IO
did not note their names or address nor served them any notice
for not having joined the investigation. No enquiries admittedly
made by the IO from any person who may have been working on
the agricultural fields at that time.
Even PW22 had himself deposed in his examination
SC No.57434/2016 , FIR No. 211/11, PS Bawana
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signed by
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-:64:-in chief that at the time of incident when he reached the spot
there was a gathering of many public persons in the compound of
Shivam Properties. However, admittedly no such public person
was asked to join the investigation nor any notice to any such
person had been given by the IO.
In this regard reliance is being placed on the
following judgments:-
In “Anoop Joshi Vs. State” 1992(2) C.C. Cases
314(HC), High Court of Delhi had observed as under:-
“18. It is repeatedly laid down by this
Court in such cases it should be shown
by the police that sincere efforts have
been made to join independent
witnesses. In the present case, it is
evidence that no such sincere efforts
have been made, particularly when we
find that shops were open and one or
two shop-keepers could have been
persuaded to join the raiding party to
witness the recovery being made from
the appellant. In case any of the
shopkeepers had declined to join the
raiding party, the police could have
later on taken legal action against such
shopkeepers because they could not
have escaped the rigours of law while
declining to perform their legal duty to
assist the police in investigation as a
citizen, which is an offence under the
IPC“.
In a case law reported as “Roop Chand Vs. The State
of Haryana” 1999 (1) C.L.R. 69, the Punjab & Haryana High
Court held as under:-
“3. I have heard the learned counsel for
the parties and gone through the
evidence with their help. The recoverySC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
Digitally signed
by VANDANA Page No. 64 of 72
Date:
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-:65:-of illicit liquor was effected from the
possession of the petitioner during
noon time and it is in the evidence of
the prosecution witnesses that some
witnesses form the public were
available and they were asked to join
the investigation. The explanation
furnished by the prosecution is that the
independent witnesses were asked to
join the investigation but they refused
to do so on the ground that their
joining will result into enmity between
them and the petitioner”. “4. It is well
settled principle of the law that the
Investigating Agency should join
independent witnesses at the time of
recovery of contraband articles, if they
are available and their failure to do so
in such a situation casts a shadow of
doubt on the prosecution case. In the
present case also admittedly the
independent witnesses were available
at the time of recovery but they refused
to associate themselves in the
investigation. This explanation does
not inspire confidence because the
police officials who are the only
witnesses examined in the case have
not given the names and addresses of
the persons contacted to join it is a
very common excuse that the witnesses
from the public refused to join the
investigation. A police officer
conducting investigation of a crime is
entitled to ask anybody to join the
investigation and on refusal by a
person from the public the
Investigating Officer can take action
against such a person under the law.
Had it been a fact that the witnesses
from the public had refused to join the
investigation, the Investigating Officer
must have proceeded against them
under the relevant provisions of law.
The failure to do so by the police
officer is suggestive of the fact that theSC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
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-:66:-explanation for non-joining the
witnesses from the public is an after
thought and is not worthy of credence.
All these facts taken together make the
prosecution case highly doubtful”.
24. Also, the incident happened in broad day light.
Allegedly the accused persons were present in two cars waiting
outside and fled the spot. But no CCTV footage was produced in
evidence nor even there is anything to show the IO made any
efforts to procure the CCTV footage around the spot. This could
have been a vital piece of evidence which seems to have lost
sight by the investigating agency.
25. The remaining prosecution witnesses were formal
police witnesses who merely deposed regarding the manner of
investigation.
PW6 is Inspector Anil Kumar, who has deposed that
he was posted as Incharge at mobile crime team outer district.
That on that day on receipt of information about firing incident,
he alongwith his staff reached at Shivam property, Poothkalan,
Barwala Road and found blood was lying in front of room
besides the office situated in the aforesaid property compound.
He further deposed that one mobile phone make Samsung, Tata
Indicom black colour lying nearby and four fired cartridges were
found at a small distance towards left side and one lead piece
near the cooler. He inspected the spot and HC Karambir took the
photographs. He further deposed that he prepared the crime
report Ex.PW6/A and handed over the same to IO ASI Raj
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Page No. 66 of 72
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by VANDANA
VANDANA Date:
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-:67:-
Kumar. In his cross-examination he stated that he had reached
the spot at about 05:10 PM.
PW9 is Ct. Harpal Singh deposed that on
21.06.2011, he was posted at PS Bawana and on that day, he was
on Emergency Duty and on receipt of DD No.29A Ex.PW7/A by
ASI Raj Kumar, he alongwith ASI Raj Kumar at about 4:30 p.m.,
reached at Shivam Property, Barwala Road, Pooth Khurd, Delhi,
where a crowd was found gathered there. He further deposed that
blood was found lying in the room besides the property dealer
office in front of the door and one mobile phone Samsung, Tata
Indicom black colour was found lying there and four empty
cartridges were also found lying there near the spot. He further
deposed that one person who was given beatings by the public,
whose name later on revealed as Amit was lying at the spot and
was shifted to the M.B. Hospital through Ct. Vinod through PCR
personnel. He further deposed that one splendor motorcycle was
lying at the spot and on the instructions of the ASI Raj Kumar, he
took the said motorcycle to the PS.
PW9 was already present at around 04:30 PM at the
spot when PW6 reached the spot at 05:10 PM but the testimony
of PW6 is completely silent about any crowd being gathered
there or accused Amit being apprehended or even any motorcycle
found at the spot. This is a material lacuna in the testimony of
these police officials which remained unexplained.
In fact PW9 Ct. Harpal Singh who is one of the
material police witnesses completely resiled from his earlier
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by VANDANA
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-:68:-statement and did not depose anything regarding the recovery
and seizure of weapons, lifting of the earth control and blood
stained earth from the spot, seizure of the motorcycle, any
disclosure made by accused Amit and various other material
parts of the investigation done by him and had resiled from his
earlier statement under Section 161 Cr.P.C. Mark PW9/A. The
said witness did not recollect any such thing at the time of
recording of his examination in chief and was eventually cross
examined by the Ld. APP for the State. This further creates doubt
in the prosecution story.
As the per the testimony of PW15 there were
passersby/public persons but no such public person either present
on the spot around the time of incident or the recovery of alleged
weapon has been made a part of the investigation. PW15 in his
cross-examination admitted that during the recovery of the arms
by the IO from accused Harvinder @ CNG there were passersby
but IO did not note their names or address nor served them any
notice for not having joined the investigation. No enquiries
admittedly made by the IO from any person who may have been
working on the agricultural fields at that time.
Even PW22 had himself deposed in his examination
in chief that at the time of incident when he reached the spot
there was a gathering of many public persons in the compound of
Shivam Properties. However, admittedly no such public person
was asked to join the investigation nor any notice to any such
person had been given by the IO.
SC No.57434/2016 , FIR No. 211/11, PS Bawana
Digitally
State Vs. Amit Kumar Etc. signed by
VANDANA
VANDANA Date:
2026.07.14
Page No. 68 of 72
16:15:56
+0530
-:69:-Regarding the recovery of arms from accused
Harvinder @ CNG the IO PW23 had categorically admitted in
his cross-examination that there were passersby but they had not
joined the investigation at the time of recovery. He had not noted
down their names and addresses nor served any notices to them.
He also admitted that neither the videography was conducted of
the said recovery proceedings nor any photographs were taken
showing the recovery of weapon. He had not called any crime
team or ballistic expert to the place of said recovery nor he had
lifted any finger prints from the said weapon. He admitted that
the place of recovery of the said pistol was a public place and
was an open place and was accessible to all.
OFFENCE UNDER SECTION 174A IPC
26. SECTION 174A IPC
“Whoever fails to appear at the
specified place and the specified
time as required by a proclamation
published under sub‑section (1) of
section 82 of the Code of Criminal
Procedure, 1973 shall be punished
with imprisonment for a term which
may extend to three years or with
fine or with both, and where a
declaration has been made under
sub‑section (4) of that section
pronouncing him as a proclaimed
offender, he shall be punished with
imprisonment for a term which may
extend to seven years and shall also
be liable to fine.”
27. In the case of Maneesh Goomer v. State 2012 SCC
(Online) Delhi 66, the Hon’ble Supreme Court held that Section
Digitally signed
SC No.57434/2016 , FIR No. 211/11, PS Bawana by VANDANA
State Vs. Amit Kumar Etc. VANDANA Date:
2026.07.14
16:16:02
+0530 Page No. 69 of 72
-:70:-174A IPC is an independent cause of action and merely because
the complaint case was settled there was no reason that the FIR
under this Section could also be quashed.
Our own Hon’ble High Court of Delhi in Mustkeem
@ Shanu v. State in Crl. 331 of 2015 decided on 10.05.2016 also
upheld the conviction under Section 174A IPC emphasizing that
the same is an independent offence from the main case.
Thus, offence under Section 174A IPC is an
independent offence.
28. Coming to the present case, it was alleged that the
accused had failed to appear as required by the proclamation
published in accordance with law under Section 82 Cr.P.C and
was declared a proclaimed offender vide order dated 04.07.2022
passed by Ld. Predecessor this Court and thus had committed the
offence U/s 174A IPC.
CW1 HC Anish Kumar vide his statement proved
that on 23.09.2025, he took the process under Section 82 Cr.P.C.
issued by this court for service on the accused Amit Kumar S/o
Krishan, R/o Village and Post Office Gumar, Sonipat, Haryana,
at the abovesaid address. The accused was not found present at
the same address. He stated that he met the father of accused,
who stated that he disowned his son and his son had not some to
his house for many years and that is he not aware of the present
whereabouts of accused. He affixed copy of the said process on
the main gate of house, on the pachayat bhawan of the said
SC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc. Digitally
signed by
Page No. 70 of 72
VANDANA
VANDANA Date:
2026.07.14
16:16:08
+0530
-:71:-village and also on the notice board of the court. His report in
this regard is Ex.CW1/A.
Prosecution has further proved that vide order dated
04.07.2022 passed by this court, accused Amit Kumar was
declared as an absconder. Thus, the prosecution has been able to
prove beyond reasonable doubt; that in response to the
proclamation U/s 82 Cr.P.C. the accused failed to appear.
Moreso, accused Amit Kumar has already pleaded guilty for the
charge under Section 174A IPC and no defence has been
adduced on behalf of the accused despite opportunity nor any
plea was taken that he was not served at the given address or that
he was unaware of the court proceedings. Thus the essential
ingredients of Section 174A IPC stand proved. Hence, accused is
convicted for the offence punishable under Section 174A IPC.
CONCLUSION
29. The material prosecution witnesses specially PW1,
PW2, PW3 and PW11 could not bring home the guilt of the
accused persons beyond reasonable doubt. Even vide the
forensic evidence, no incriminating evidence could be proved
against the accused persons as discussed above. There is no
CCTV footage or any independent public person, who may have
been present at the time of incident or even at the time of alleged
recovery of the weapon was examined and thus, in view of the
aforesaid detailed findings, there is no hesitation in holding that
the prosecution has failed to prove its case beyond reasonable
Digitally
SC No.57434/2016 , FIR No. 211/11, PS Bawana signed by
VANDANA
State Vs. Amit Kumar Etc. VANDANA Date:
Page No. 71 of 72
2026.07.14
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-:72:-doubts and accordingly the accused Amit Kumar deserve a
benefit of doubt and hence stands acquitted of the offence under
Section 302/120 IPC & 25/27 Arms Act, however, he is
convicted for the offence punishable under Section 174 A IPC.
30. Copy of the judgment running into 72 pages be
provided to the accused free of cost. Digitally signed
by VANDANA
VANDANA Date:
2026.07.14
16:16:23
+0530Dictated and announced (VANDANA)
in the open Court on 14.07.2026 Addl. Session Judge-02
(running into 72 pages) (North), Rohini Courts/DelhiSC No.57434/2016 , FIR No. 211/11, PS Bawana
State Vs. Amit Kumar Etc.
Page No. 72 of 72
