Delhi District Court
State vs Arvind Sharma @ Pushkar on 19 August, 2025
IN THE COURT OF MS. SHEFALI BARNALA TANDON,
ADDITIONAL SESSIONS JUDGE-05, WEST, TIS HAZARI
COURTS, DELHI
CNR No. DLWT01-000848-2013
Case No. 57011/2016
FIR No. 70/13
PS Janak Puri
State
v.
Arvind Sharma @ Pushkar
S/o Sh. S. Kanchan Lal Sharma
R/o H. No. 123, Santosh Park,
Uttam Nagar, New Delhi.
Date of Institution 05.06.2013
Date of committal 16.07.2013
Date of Charge 31.03.2014
Charge framed under section 307/333/353/186 IPC and 25 Arms Act
Date of reserving Judgment 11.08.2025
Date of Decision 19.08.2025
Final Judgment Accused Arvind Sharma @ Pushkar is
held guilty and convicted of the
Charge.
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State v. Arvind Sharma @ Pushkar
JUDGMENT
Brief facts of the case:
1. Accused Arvind Sharma @ Pushkar has been facing trial of the
charge under Section 307/333/353/186 IPC and 25 Arms Act as
on 06.03.2013 at about 09:30 PM, on the back side of boundary
wall of SRS Mission School in front of Nav Yuvak Gram Samiti,
WZ-38, Nangli Jalib, B-1, Janak Puri, accused had assaulted,
used criminal force on police raiding party by firing upon the
injured HC Sham Lal and caused grievous injuries to him, being
a public servant in discharge of his duties as public servant with
intention to prevent and deter HC Sham Lal and other police
officials from discharging their duties as such public servants, in
consequence of anything done or attempted to be done by them
in the lawful discharge of their duties, with such intention and
knowledge and under such circumstances that if by that act, he
would have been caused the death of HC Sham Lal, he would
have been guilty of murder. Accused had also voluntarily
obstructed the HC Sham Lal, Insp. Arti Sharma and other team
staff of the police in discharge of their public functions. Accused
was also found in possession of one country made pistol and five
live in contravention of provisions of Arms Act.
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State v. Arvind Sharma @ Pushkar
Investigation conducted and statement of injured:
2. On receipt of DD no. 54A dated 06.03.2013, SI Ghanshyam
Kishore reached at the spot i.e. behind boundary Wall of SRS
Mission School in front of Navyuvak Gram Samiti, WZ-38,
Nangli Jalib, B-1 Janak Puri, Delhi, where Insp. Arti Sharma,
SIT, Crime Branch alongwith her staff met him. At the spot, ASI
Ramesh Singh, HC Rajiv, HC Bijender, Ct. Harjinder and Ct.
Rajesh were also found there. One Santro Car bearing no.
DL-4CR-7712, black colour was also found stationed towards
the boundary wall of SRF Mission School and its windscreen
and front & rear side screen of driver side was found broken.
One another Santro Car bearing no. DL-3CR-3586, white Colour
was also found stationed there having blood stains on its Bonnet.
One empty cartridge was also found lying outside of driver side
of black Santro Car and blood was also scattered on the road
near the said black Santro Car.
3. Crime team was called at the spot. Thereafter, Insp. Arti Sharma
handed over one handwritten complaint in which she had
mentioned all the details of raid vide which accused was
apprehended alongwith the accused and one pistol, to SI
Ghanshyam Kishore whose name was revealed as Arvind
Sharma @ Pushkar S/o Sh. Kanchal Lal Sharma R/o RZ-123,
Santosh Park, Uttam Nagar, New Delhi. SI Ghanshyam Kishore
had handed over the custody of accused Arvind Sharma to HC
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State v. Arvind Sharma @ Pushkar
Bijender and Ct. Rajesh. Thereafter, the IO checked the Pistol
recovered from the possession of accused Arvind Sharma @
Pushkar and found four live cartridges in its Magazine. On
checking its Chamber, one more live cartridge was found in its
chamber. The word “KF 7.65” were engraved on all the five live
cartridges. Thereafter, IO/SI Ghanshyam Kishore prepared
sketch of Pistol, all the five live cartridges and its Magazine,
sealed the same with the seal of GK and took into possession
vide seizure memo. During investigation, IO also sealed the
empty cartridge lying outside the black Santro Car with the seal
of GK and took into possession vide seizure memo. During
investigation, one empty cartridge was also found lying on the
foot rest of driver side of Santro Car bearing no. DL-4CR-7712,
which was sealed with the seal of GK and took into possession
vide seizure memo.
4. In the handwritten complaint of Insp. Arti Sharma, it was
mentioned that on 06.03.2013 at about 07:15 PM, when she was
present in her office and HC Sham Lal produced one secret
informer who informed that member of Monu Gang namely
Arvind Sharma @ Pushkar @ Gautam resident of Uttam Nagar,
who was wanted in murder case of PS Binda Pur would come at
about 09:00 or 09:30 PM in his black colour Santro Car bearing
no. DL-4CR-7712 at Mission School, Nangli Jalib to meet his
associates. He further informed that accused Arvind Sharma also
used to keep weapon with him and if raid is conducted, he can be
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State v. Arvind Sharma @ Pushkar
apprehended. Insp. Arti Sharma got recorded this information in
DD no. 12 and informed to her senior officers who instructed her
to conduct raid for the apprehension of abovesaid accused.
5. Thereafter, Insp. Arti Sharma constituted a raiding party
consisting of SI Rajneesh Sharma, ASI Suresh Kumar, ASI Hem
Karan, HC Rajender, HC Bahadur Sharma, HC Shyam Lal, Ct.
Dabbu Kanwar and Ct. Gyaneshwar. Insp. Arti Sharma
alongwith driver ASI Hem Karan, Ct. Dabbu Kanwar and secret
informer were in govt. Gypsy bearing no. DL-1CM-4231; HC
Shyam Lal, HC Bahadur Sharma and ASI Suresh Kumar were in
private Car bearing DL-3CP-3586 and SI Rajneesh Sharma, HC
Rajender and Ct. Gyaneshwar were in another private Car
bearing no. DL-6CN-0390. HC Shyam Lal and Ct. Dabbu
Kanwar were having bullet proof Jackets.
6. At about 08:45 PM, Insp.Arti Sharma alongwith her raiding team
reached in front of Mission School where Insp. Arti Sharma
requested 05 persons to join the raiding team but none of them
was agreed and stated that ‘बदमाशों के चक्कर में नहीं पड़ना चाहते’ and
left from there without disclosing their names and addresses.
However, due to paucity of time, she could not give any notice to
those public persons. Thereafter, Insp. Arti Sharma briefed the
raiding team and made ‘Reiki’. Insp. Arti Sharma parked her
Gypsy in front of B-1/234, Nangli Jalib road; SI Rajneesh
Sharma parked his vehicle near Khatta Dalaan no. 118/109 and
HC Shyam Lal parked his vehicle in front of B-1/428, Janak
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State v. Arvind Sharma @ Pushkar
Puri, towards Nangli Jalib side on the road.
7. At about 09:15 PM, one black colour Santro Car bearing no.
DL-4CR-7712 was seen coming from the side of Gurudwara
Road which was stationed on the boundary wall of Mission
School in which one person aged about 25/30 years was sitting at
the driver seat. On the identification of secret informer and after
giving signal of Insp. Arti Sharma, by putting ON the head lights
of their vehicle, all the raiding team had surrounded the
abovesaid black Santro Car from all sides. Thereafter, HC
Shyam Lal reached at the driver side window of said black
colour Santro Car and informed him about the raiding team and
asked him to surrender. Upon this, said driver locked his vehicle
from the inside and took out one pistol from his left side dub and
fired upon HC Shyam Lal which hit on the left palm of HC
Shyam Lal. HC Shyam Lal immediately after said gun shot,
caught hold of the pistol of driver with his right hand upon which
the said driver again fired with the said pistol which passed over
the head of HC Shyam Lal. On seeing this, the raiding team had
broken the glass of windscreen and rear glass of driver seat and
caught hold of the said driver alongwith the pistol. Thereafter,
the said driver got down from the Santro car and inquiries were
made in which he disclosed his name as Arvind Sharma @
Pushkar S/o Sh. Kanchan Lal Sharma r/o 123, Santosh Park,
Uttam Nagar, Delhi.
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State v. Arvind Sharma @ Pushkar
8. Thereafter, since HC Shyam Lal received bullet injuries in his
hand, he was sent to DDU hospital alongwith SI Rajneesh
Sharma and then she made a call to local police and had handed
over the accused Arvind Sharma alongwith the pistol to SI
Ghanshyam Kishore. On the complaint of Insp. Arti Sharma, the
present case was registered and investigation was taken up by the
SI Ghanshyam Kishore.
9. During investigation, SI Ghanshyam Kishore prepared the site
plan of the place of incident; Black Santro Car bearing no.
DL-4CR-7712 was checked in which two old mobile phones
Nokia company black colours having Sim Cards of Idea
company were recovered from its Dash board however, its
covers and batteries were absent. The same were taken into
possession by the IO vide seizure memo. With the help of crime
team, IO lifted the exhibits i.e. blood on gauze, blood-stained
soil and earth control, sealed them with the seal of GK and took
into possession vide seizure memo. Both the vehicle i.e.
DL-4CR-7712 black colour Santro Car, belonging to accused
and White colour Santro Car DL-3CP-3856, belonging to injured
on which blood stains were present, were taken into possession
vide seizure memo. During investigation, accused was arrested
in the present case and his personal search was conducted in
which one brown colour purse containing Rs.17,500/-, one
driving licence and two Sim Cards of idea Company were
recovered. His disclosure statement was also recorded.
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State v. Arvind Sharma @ Pushkar
10.In the hospital, the clothes of injured HC Shyam Lal had also
taken into police possession. All the seized articles were
deposited in the malkhana of PS Janak Puri. Statements of
witnesses were recorded by the IO and thereafter accused was
produced before the concerned Court of Ld.MM from where he
was sent to J.C.
11.Thereafter, investigation of the present case was assigned to
Insp. H.S.P.Singh who deposited the exhibits in the FSL, Rohini
through Ct. Mukesh vide FSL No. 2013/F-2021. During
investigation, on 05.04.2013, photographs of the spot were
received from the photographer of Crime team. Blood sample of
injured HC Shyam Lal was taken at DDU hospital and preserved
in the malkhana of PS Janak Puri. Later on, after transfer of
Insp. H.S.P.Singh, the investigation of the present case was
further assigned to Insp. Raj Kumar, who during investigation,
got deposited the exhibits i.e. blood on gauze, blood stained dust,
blood-stained shirt, vest, handkerchief and blood sample of
injured at the FSL, Rohini on 17.04.2013 through Ct. Shri Ram.
During investigation, FSL result and Sanction u/s 39 Arms Act
was also obtained. However, final opinion regarding nature of
injury was awaited. Complaint u/s 195 Cr.P.C. was also obtained
from the ACP/crime branch. After completion of investigation,
charge sheet of the present case was filed against the accused
Arvind Sharma @ Pushkar for the offence punishable u/s
186/353/332/307 IPC & Section 25/27 Arms Act before the
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State v. Arvind Sharma @ Pushkar
concerned Court. On 26.08.2013, pending trial, supplementary
charge sheet qua FSL result was filed before the Court.
Charge:
12.Charge for the offence punishable under Section
307/333/353/186 IPC and 25 Arms Act IPC was framed against
the accused Arvind Sharma @ Pushkar by the Ld. Predecessor of
this Court on 31.03.2014, to which he pleaded not guilty and
claimed trial.
The Trial
Prosecution evidence:
13.The prosecution in support of its case had examined 24 witnesses
i.e. PW-1 HC Shyam Lal (Injured); PW-2 Ct.Sukram Pal
(Photographer of crime team); PW-3 SI Sushil Kumar (duty
officer); PW-4 ASI Babu Ram (DD writer); PW-5 SI Azad Singh
(Incharge Mobile Crime Team); PW-6 Ct. Shriram (MHCP);
PW-7 Ct. Mukesh (deposited the exhibits at FSL); PW-8 Insp.
Arti Sharma (Incharge of Raiding Team); PW-9 Dr. Anubhav
Gupta (proved the medical record ); PW-10 ASI Bahadur Sharma
(member of raiding team); PW-11 SI Rajnish Sharma (member
of raiding team); PW-12 Dr. Rajeev Kumar Singh ( examined the
injured HC Shyam Lal); PW-13 W/Ct. Suman (wireless
Operator); PW-14 Dr. Ajay Sharma (proved the medical record);
PW-15 HC Rajeev Kumar (witness of investigation); PW-16 ASI
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State v. Arvind Sharma @ Pushkar
Bijender Singh (witness of investigation); PW-17 Sh. Devender
Arya (Sanctioning Authority u/s 39 of Arms Act); PW-18 HC
Harjender (witness of investigation); PW-19 Insp. Ghanshyam
Kishore (1st Investigating Officer); PW-20 ACP H S P Singh
(2ndInvestigating Officer); PW-21 Insp. Raj Kumar (3rd
Investigating Officer); PW-22 Sh. K.P.S. Malhotra (proved the
complaint u/s 195 Cr.P.C., Ex.PW-22/A); PW-23 SI Nikka Ram
(MHCM) and PW-24 Sh. Rajender Kumar (Superdar of Santro
Car and proved Superdarinama as Ex.PW-24/A).
14.Prosecution evidence was closed vide order dated 01.05.2025 on
the submissions of Ld. Addl. P.P. for the State that all the
prosecution witnesses have been examined.
Statement of the accused U/s 351 BNSS:
15.On 22.05.2025, statement of accused u/s 351 BNSS was
recorded, wherein the accused has stated that he is innocent and
has been falsely implicated in the present case; he was lifted
from his house on 06.03.2013 in early hours by the Crime branch
staff, Rohini and he was illegally detained till night. Thereafter,
he was taken to PS Janak Puri and after creating a false scene of
crime, he was involved in the present matter. No recovery as
alleged was affected from him.
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State v. Arvind Sharma @ Pushkar
Defence evidence:
16. Though the accused preferred to lead defence in his statement
recorded u/s 351 of BNSS however, vide his separate statement
recorded on 04.07.2025, he closed his defence evidence without
examining any witness.
Final arguments :
17.The Court has heard the final arguments on behalf of the State
through Ld. Prosecutor Sh. Shiv Kumar and on behalf of accused
through Ld. Counsel Sh. R.P.Tyagi at length.
Appreciation of law & evidence :
18.It is a fundamental doctrine of criminal law that the onus to
prove its case lies on the prosecution. Thus, in a criminal trial,
the onus to prove the commission of offence by the accused is
always upon the prosecution and the same never shifts upon the
accused. The prosecution has to establish before the Court that
the accused had committed the offence beyond shadow of all
reasonable doubts.
19.The Hon’ble Supreme Court of India in the case of Nanjundappa
and Anr. V. State of Karnataka, decided on 17th May, 2022 has
reiterated its view taken in the judgment titled as S.L.Goswami
V. State of Madhya Pradesh, 1972 Crl.L.J.511 SC that :
….the onus of proving all the ingredients of an offence is always
upon the prosecution and at no stage, does it shift to theSC No. 57011/2016 Page 11 of 70
State v. Arvind Sharma @ Pushkar
accused. It is no part of the prosecution duty to somehow hook
the crook. Even in cases, where defence of the accused does not
appear to be credible or is palpably false, that burden upon the
prosecution does not become any less. It is only when this
burden is discharged that it will be for the accused to explain or
controvert the essential elements in the prosecution case, which
would negative it. It is not however for the accused even at the
initial stage to prove something which has to be eliminated by
the prosecution to establish the ingredients of the offence with
which he is charged, and even if, the onus shifts upon the
accused and the accused has to establish his plea, the standard
of proof is not the same as that which rests upon the
prosecution’.
20. Reverting to the present matter, for the sake of convenience and
better understanding, the Court shall appreciate the evidence of
prosecution witnesses under the following headings separately.
Witnesses of the raiding Team:
21.As per the case of prosecution, a raiding team to apprehend the
present accused was constituted by PW-8 Insp. Arti Sharma, who
has deposed that on 06.03.2013, she was posted with SIT Crime
Branch, Sector-18, Rohini, Delhi. On that day, at about 07:15
PM, she was present in her office, when HC Shyam Lal came to
her with the informer and shared the information that one Monu
gang member namely Arvind Sharma @ Pushkar @ Gautam
who is wanted in a murder case of Bindapur would come to
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State v. Arvind Sharma @ Pushkar
Mission School, Nangli Jalib Gaon that day around 09:00 PM to
09:30 PM to meet his other associates there and he would come
in his black colour Santro Car bearing no. DL-4CR-7712. He is
also having possession of illegal weapon. Thereafter, she shared
this information with her Senior Officers and they directed her to
take action. The said information was lodged by her in DD no.
12 and true copy of the same is proved as Ex.PW-8/A.
Thereafter, she constituted raiding team consisting of SI Rajnish
Sharma, ASI Hem Karan, ASI Suresh, HC Shyam Lal, HC
Bahadur Sharma, HC Rajender, Ct. Dabbu Kanwar and Ct.
Gyaneshwar and made her departure entry alongwith her team
members in DD no. 14 at 07:50 PM and true copy of the same is
proved as Ex.PW-8/B.
21.1. She further deposed that the team members were
possessing Arms and Ammunitions as per the register and HC
Shyam Lal, HC Bahadur and Ct. Dabbu Kanwar were having
bullet proof Jackets. They all left in two private Cars and one
govt. Gypsy, bearing no. DL-4CN-4231, which was driven by
ASI Hem Karan and she was seated in the Gypsy with Ct. Dabbu
Kanwar and the informer. HC Shyam Lal, HC Bahadur Sharma
and ASI Suresh were in Car bearing no. DL-3CP-3586 and SI
Rajneesh, Ct. Gyaneshwar and HC Rajender were in Car bearing
no. DL-6CN-0390. With her team, they reached at the place of
information i.e. Mission School, Nangli Jalib Village Road
around 08:45 PM. There PW-8 shared the information with 5-6
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State v. Arvind Sharma @ Pushkar
passersby and requested them to become member of raiding
team but they all refused to join the raiding party on the ground
that they do not want to indulge in police proceedings as there
are some ‘Badmaash’ involved. Due to paucity of time, notices
were not served to them. Thereafter, she briefed her raiding team
members and did the Reiki of the Nangli Jalib Village Road. She
parked her Gypsy in front of B-1/234, Janak Puri. SI Rajneesh
Sharma has parked his car near Khatta Dalan number 118/109
and HC Shyam Lal has parked his car at B-1/428, Janak Puri,
Delhi.
21.2. At around 09:15 PM, one black colour Santro Car came
from the side of Gurudwara road and it stopped by the side of
rear boundary wall of Mission School and the car was facing
towards the wall. There was one person on the driving seat aged
about 25-30 years which was identified by the informer as
Arvind @ Pushkar and thereafter, the informer left the place.
PW-8 alerted her team by switching on the headlights of her
Gypsy and they all surrounded that black Santro Car having
Registration no. DL-4CN-7712. Ct. Dabbu Kanwar, SI Ranjeesh
and HC Shyam Lal covered the driver seat window and from the
front driver side. PW-8, ASI Hem Karan and HC Bahadur
covered the rear window of driver side of the Santro Car. HC
Rajender covered the left side window of driver seat and ASI
Suresh Kumar and Ct. Gyaneshwar covered the rear left side
window of the Santro Car. The driver side window glass was
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State v. Arvind Sharma @ Pushkar
slightly down/open in position. HC Shyam Lal revealed their
identity to the person on the driving seat. PW-8 has correctly
identified the accused Arvind Sharma @ Pushkar before the
Court and stated that he was the person who was sitting on the
driving seat of black Santro Car no. DL-4CR-7712. HC Shyam
Lal also disclosed to the accused that he has been surrounded by
the crime branch police officials and he has to surrender. On this,
the accused Arvind Sharma raised the driver side window glass
upwards and he switch ON the engine and he took his Car in
reverse gear to escape but the car of the accused hit to the car of
HC Shyam Lal which was stationed behind the car of accused.
Thereafter, accused Arvind took out a pistol from his left dub
and he fired towards HC Shyam Lal while aiming him. The
bullet hit on the left hand wrist of HC Shyam Lal. The driver
side window glass of the Car of accused broken due to fire
opened by the accused and HC Shyam Lal with his right hand
caught hold of the hand of the accused in which he was holding
the pistol and, in the meanwhile, accused Arvind made another
fire upon HC Shyam Lal, which went above his head. During the
incident, SI Rajneesh took out the pistol from the left dub of HC
Shyam Lal and he had broken the remaining driver side window
glass with the help of Butt of the pistol and Ct. Dabbu Kanwar
had broken the windscreen with his AK-47 Riffle and HC
Bahadur Sharma had broken the glass of the rear driver side
window with the Butt of his pistol. SI Rajneesh also switched off
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State v. Arvind Sharma @ Pushkar
the engine of the Car of accused while turning the key to OFF
position, as a result the Centre lock of the car opened. During the
incident, HC Bahadur entered into the car from the rear door of
driver side and HC Rajender Singh entered into the Car of
accused from the left side front door. HC Bahadur overpowered
the accused from back and HC Rajender Singh snatched the
pistol from the hand of accused and also took out the keys of the
Car. In the meanwhile, ASI Suresh also entered into the car of
the accused from the left rear side door and all three police
officials pushed the accused out from his car and the accused
was caught hold by ASI Hem Karan, Ct.Gyneshwar and Ct.
Dabbu Kanwar. HC Rajender Singh produced the pistol and keys
of the Car of the accused to her. PW-8 asked SI Rajneesh to take
HC Shyam Lal to DDU hospital in his private car and he took
the injured HC Shyam Lal to hospital.
21.3. PW-8 further deposed that she made enquiries from the
accused who told his name as Arvind Sharma @ Pushkar S/o
Sh.Kanchan R/o Santosh Park, Uttam Nagar, Delhi. She made
call at number 100 from her official mobile phone. Thereafter, SI
Ghansham Kishore of PS Janak Puri alongwith his staff reached
at the spot. PW-8 narrated the incident to SI Ghansham Kishore
and handed over the accused Arvind Sharma @ Pushkar
alongwith pistol and keys of the Car of the accused. She also
gave her written statement to SI Ghansham, proved as
Ex.PW-8/C. SI Ghansham inspected the pistol and in the
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State v. Arvind Sharma @ Pushkar
Magazine of pistol, there were four live cartridges, while the
hammer of the pistol was in backward position and one live
cartridge was found in the chamber of the pistol. The said live
cartridge was taken out from the Chamber. On the bottom of all
five cartridges, “KF 7.65” was engraved. On one side of the
barrel, some figure was engraved and ‘Indian Arms Co.No. 1000’
was also engraved. On the other side of barrel, ‘1.651 ROUND’
was engraved and on the upper side of barrel, “only for Army
supply” was engraved. The Butt was covered with plastic cover
attached with two rippits. On the Butt of the pistol, there was
Magazine catch and below the barrel, there was one trigger. SI
Ghansham prepared sketch of the pistol, Magazine and
Cartridges and measured the same. The length of Barrel of pistol
appeared 15 Cm., length of Butt was 9.3 cm.
21.4. PW-8 has further deposed that the angular length of pistol
was 20 Cm. The Magazine was 10.5 cm in length and width of
Magazine was 3.3 cm. The sketch of the pistol is proved as Ex.
PW-8/D. IO kept the cartridges into transparent pouch; prepared
pullanda of the pistol with Magazine and cartridges; sealed with
the seal of GK and seized vide memo, proved as Ex.PW-8/E.
21.5. PW-8 has further deposed that in the meanwhile, crime
team reached at the spot and the crime team staff inspected the
spot. The spot was also photographed by the crime team staff.
After the inspection, of crime team, SI Ghansham lifted one
cartridge case which was lying outside near the window side of
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State v. Arvind Sharma @ Pushkar
the car of accused Arvind Sharma. The said cartridge case was
also having the words “KF 7.65” on its base as engraved. SI
Ghansham kept the cartridge case in a plastic container and
prepared its pullanda and sealed with the seal of GK and seized
through seizure memo, proved as Ex.PW-8/F. SI Ghansham
conducted formal search of the Santro Car of accused and one
cartridge case was found lying on the right front footrest i.e.
driver side footrest and on the bottom of that cartridge case, “KF
7.65” was engraved. SI Ghansham kept the same into one
another plastic container and converted the same into pullanda
and sealed with the seal of GK and seized vide memo, proved as
Ex.PW-8/G. SI Ghansham Kishore prepared rukka and sent the
same through HC Harjinder to PS Janak Puri for getting the FIR
registered.
21.6. PW-8 has further deposed that SI Ghansham Kishore
inspected the spot and prepared site plan at her pointing out,
proved as Ex.PW-1/DB. Thereafter, car of the accused was
searched and from the dash board of the car, two black colour
Nokia mobile phone of model 1280 and both were having Sim
Card of Idea Company but without battery and one of them was
without back cover, were recovered. SI Ghansham prepared
pullanda of the mobile phone and sealed with the seal of GK and
seized vide memo. SI Ghansham seized the Santro Car of the
accused. Prior to that, SI Ghansham also lifted blood on gauze,
blood-stained earth control and kept the same into separate
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State v. Arvind Sharma @ Pushkar
plastic containers, which were converted into separate pullandas
and sealed with the seal of GK and seized through separate
seizure memos, proved as Ex.PW-8/H, Ex.PW-8/I and
Ex.PW-8/J. Thereafter, SI Ghansham seized the Car of HC
Shyam Lal. The seizure memo of Car of accused bearing no.
DL-4CR-7712 Santro Car is proved as Ex.PW-8/K and seizure
memo of Car no. DL-3CP-3586 i.e. Santro Car of HC Shyam Lal
is proved as Ex.PW-8/L. After getting the FIR registered, HC
Harjinder came back to the spot and handed over the copy of FIR
and rukka to the IO. The IO/SI Ghansham arrested the accused
and conducted his personal search. Thereafter, they all came to
PS Janak Puri and at the PS, IO recorded her statement and
relieved her. She has further deposed that during investigation at
the spot, SI Ghansham Kishore had also prepared sketches of
two empty cartridges (cartridge cases).
21.7. PW-8 has correctly identified the case properties i.e. Santro
Car of accused bearing no. DL-4CR-7712 as Ex.P.4; photographs
of abovesaid Santro Car as Ex.PW-2/A.9 to Ex.PW-2/A.11,
Ex.PW-2/A.13 to Ex.PW-2/A.15; Silver colour Santro Car as
Ex.P.6, bearing no. DL-3CP-3586 and its photographs as
Ex.PW-2/A.16 to Ex.PW-2/A.18 and Ex.PW-2/A.17, before the
Court and also stated that photograph Ex.PW-2/A.17 showing
the dent which was caused by the accused while trying to escape
in his car, while backing the black colour Santro Car. She also
correctly identified one transparent plastic pouch containing two
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State v. Arvind Sharma @ Pushkar
cartridge case marked- A-1 & A-2 and three live cartridges
marked A-3 to A-5 and on the bottom of the cartridges “KF 7.65”
engraved and one pistol as detailed in seizure memo, as
Ex.PW-8/P-1, which was used by the accused and seized by IO.
The two cartridge cases marked- A-1 & A-2 and three live
cartridges marked A-3 to A-5 as Ex.PW-8/P-2 to Ex.PW-8/P-6,
before the Court. The witness further submitted that all the five
cartridges were live at the time of recovery. She has also
correctly identified Cartridge cases EC-1 and EC-2 as
Ex.PW-8/P7 & Ex. PW-8/P8, two Nokia mobile phones of black
colour Model-1280 out of which one of the mobile phone is
without back cover and having Idea sim card with IMEI No.
352405/05/278886/1 and other mobile phone with back cover
having Idea sim card and IMEI No. 359279/04/342989/0, as Ex.
PW-8/P9 and Ex.PW-8/P10, before the Court.
22.The other members of the raiding team i.e. PW-1 HC Sham
Lal/injured, deposed that on 06.03.2013, he was posted at Crime
Branch, Sector 18, Rohini, Delhi and on that day at about 07:00
PM, while he was present in his office, one secret informer came
and informed him about the person who is named in a murder
case of PS Binda Pur. He produced him before Insp. Arti
Sharma, who made inquiries from the secret informer and it was
informed that Arvind Sharma @ Pushkar is a member of Monu
Gang and is named in a murder case of PS Binda Pur. He is used
to carry illegal weapon with him and will come about
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State v. Arvind Sharma @ Pushkar
09:00/09:30 PM at Mission Public School, Nangli Jalib Village,
Janak Puri, to meet his friends in a black colour Santro Car no.
DL-4CR-7712 and he can be apprehended there. Insp. Arti
Sharma accordingly conveyed the secret information to senior
police officers and lodged the same vide DD no. 12 at 07:15 PM.
22.1. PW-1 further deposed that thereafter, Insp. Arti Sharma
prepared a raiding party consisting of SI Rajnish Sharma, SI
Suresh Kumar, ASI Hem Karan, HC Bahadur Sharma, HC
Rajender Kumar, Ct. Gyaneshwar, Ct. Dabbu Kanwar, himself
(PW-1) and the secret informer. PW-1, HC Bahadur and Ct.
Dabbu Kanwar were wearing bullet proof Jackets and PW-1 as
well as HC Bahadur were carrying pistols, whereas Ct. Dabbu
Kanwar was carrying AK-47.
22.2. He further deposed that the raiding was parted in three
portions i.e. first party consisted of Insp. Arti Sharma, ASI Hem
Karan, Ct. Dabbu Kanwar and the secret informer who were in
Gypsy No. DL-1CM-4231; the second team consisted of SI
Rajneesh Sharma, HC Rajender and Ct. Gyaneshwar who were
in private vehicle bearing no. DL-6CM-0390 which was driven
by SI Rajneesh and the third party consisted of PW-1 HC Sham
Lal, HC Bahadur Sharma and ASI Suresh Kumar in vehicle
bearing no. DL-3CP-3586.
22.3. He further deposed that they all departed from their office
vide DD no. 14 at 07:55 PM for Nangli Jalib Village and they
reached there at 08:45 PM. Insp. Arti Sharma ‘ Raiki’ the secret
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State v. Arvind Sharma @ Pushkar
information of the informer and briefed the police party. Insp.
Arti Sharma also requested 5-6 passersby to join the raiding
party but none of them agreed and left without giving their
names and addresses on the ground that they do not want to
indulge in police case (बदमाशों का के स).
22.4. Thereafter, at 08:55 PM, Insp. Arti Sharma briefed the
police party that SI Rajneesh will take position with his team
(second team) at Khatta dalan and he will park his vehicle on
road, opposite Khatta Dalan no. 118/109. Insp. Arti Sharma will
pass their vehicle in front of B-1/234 and the third vehicle will
be parked near B-1/248. Accordingly, all the three vehicles were
parked and the lights of the said vehicles/cars were switched Off.
PW-1 was instructed by Insp. Arti Sharma that wherever the
black colour Santro Car bearing no. DL-4CR-7712 is parked, he
should park his car behind the same after she gives signal by
switching ON the lights of her Gypsy.
22.5. At about 09:15 PM, the above mentioned Santro Car no.
DL-4CR-7712 was seen coming from the side of Gurudwara
Road towards Mission Public School, Nangli Jalib Village and
the driver of Santro Car stopped his car near the wall of Mission
Public School. Insp. Arti Sharma gave signal at 09:25 PM by
switching ON the headlights of her vehicle and PW-1
immediately drove his car towards the Santro Car, after taking U
turn and parked his Car bearing no. DL-3CP-3586 on the back of
Santro Car bearing no. DL-4CR-7712. The gypsy of Insp. Arti
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State v. Arvind Sharma @ Pushkar
Sharma was immediately driven and parked on the right side of
the targeted Santro Car and vehicle of SI Rajneesh bearing no.
DL-6CM-0390 was parked on the left side of targeted Santro
Car.
22.6. The police officials came out from their respective vehicle
and surrounded the targeted Santro Car, which was found to be
having one person sitting on the driver seat who was aged about
25-30 years. SI Rajneesh, Ct. Dabbu Kanwar and PW-1 HC
Sham Lal stood on the right side of the driver seat and Ct.
Gyaneshwar stood near the left rear door, HC Rajender stood
near the left front door, while ASI Suresh Kumar stood at the
back of the targeted Santro Car. The other remaining officials
were also present there and PW-1 introduced all of them to the
driver while apprising him about their identity and purpose.
22.7. PW-1 correctly identified the driver of the said targeted
Santro Car as present accused Arvind Sharma @ Pushkar @
Gautam @ Vicky in the Court. He further deposed that they
asked the accused to surrender but immediately the accused
closed the glass window pane of his Santro Car and switched ON
the engine. The accused then took a back gear and reversed his
Car in speed but since his vehicle was parked behind, the Santro
Car got struck against his vehicle and stopped. He rushed to the
driving side window of the Santro Car and accused took out one
pistol from his left dub and while aiming upon him, fired but the
bullet hit on his left palm and went through. As a result of firing,
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State v. Arvind Sharma @ Pushkar
the front right side window pane of driver side was broken. In
the meanwhile, Ct. Dabbu Kanwar came from the front side and
broke the winds screen of the Santro Car with the Butt of his
AK-47 riffle. PW-1 caught hold of the pistol of the accused with
his right hand and in this process, accused again fired but the
bullet went above his head. SI Rajneesh who was beside him
took out the pistol from his dub and broke the remaining front
right side window pane of driver side and pushed him aside. HC
Bahadur Sharma broke the right side back door window pane
with his pistol. Insp. Arti Sharma made him stand on the left
side. Thereafter, police staff over powered the accused and
snatched his pistol while taking him out. On inquiry, name of the
accused is revealed as Arvind Sharma @ Pushkar @ Gautam @
Vicky.
22.8. SI Rajneesh took him to DDU hospital in his private
vehicle while the other police staff and accused remained at the
spot. After seeing his condition, the doctor referred him to Ganga
Ram hospital and his statement was recorded by the IO/SI
Ghansham Kishore. (Court observation: The witness showed his
left palm which was hit by bullet fired by accused and submitted
that the thumb and three fingers of his left hand still do not have
any sensation while the bone of fourth finger has been damaged
and removed in the surgery).
22.9. He further deposed that on 10.04.2013, he was called at
DDU hospital by the police where doctor took his blood sample.
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State v. Arvind Sharma @ Pushkar
He also deposed that at DDU hospital, his MLC was prepared by
the doctor on which his thumb impressions were obtained.
22.10. During investigation, IO seized his blood-stained clothes
i.e. full sleeves shirt of light pink colour of Zodiac, one white
colour banian and handkerchief. He proved the seizure memo of
said clothes as Ex.PW-1/A, bearing my signatures at point A. He
correctly identified the case property i.e. blood-stained shirt,
banian and handkerchief as Ex.P.1, Ex.P.2 and Ex.P.3
respectively. Even PW-1 correctly identified the black colour
Santro Car in which the accused was seated on the driver seat at
the time of incident, as Ex.P.4 and Silver colour Santro Car
bearing no. DL-3CP-3586 as Ex.P.6, which was driven by him at
the time of incident.
22.11. During cross-examination by the Ld. Defence Counsel,
PW-1 deposed that he took one pistol, 10 cartridges and bullet
proof Jackets from MHC(M) after lodging the DD entry no. 12.
He further deposed that due to shortage of time, no written notice
could be given to the passersby for joining the raid. He also
deposed that he does not remember if local police station was
informed about the raid or not. He further deposed that the
blood which was oozing out from his hand fell on the road,
footpath and bonnet & head light of Santro Car no.
DL-3CP-3586. He also deposed that the front portion and both
sleeves of his pink shirt, his white vest and white handkerchief
were stained with blood.
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State v. Arvind Sharma @ Pushkar
23.PW-10 ASI Bahadur Sharma, yet another member of raiding
team has deposed that on 06.03.2013, he was posted at SIT
Crime Branch. On that day at about 07:15 PM, he was informed
by Insp. Arti Sharma that wanted accused namely Arvind Sharma
@ Pushkar was to be apprehended and he had to join the raiding
party. Accordingly, he alongwith HC Sham Lal, Ct. Dabbu
Kanwar got issued Arms and ammunition and bullet proof jacket.
He was having 9 MM pistol and HC Sham Lal was also having 9
MM Pistol, however Ct. Dabbu Kanwar was having AK-47
riffle. Thereafter, Insp.Arti Sharma, SI Rajneesh, ASI Suresh
Kumar, ASI Hem Karan, HC Sham Lal, HC Rajender, Ct. Dabbu
Kanwar, Ct. Gyaneshwar and PW-10 formed a raiding party. All
the officials were in civvies. At about 7:50 PM, all the members
of raiding party proceeded for Nangli Jalib, Village Janak Puri.
The govt. vehicle Gypsy DL-1CM-4231 was being driven by
ASI Hem Karan and Insp. Arti Sharma and Ct. Dabbu Kanwar
were seated in the said Gypsy. The private vehicle i.e Santro Car
bearing no. DL-3CP-3586 was being driven by HC Sham Lal in
which PW-10 and ASI Suresh Kumar were seated. Third private
Car no. DL-6CN-0390 was being driven by SI Rajneesh in
which HC Rajender and Ct. Gyaneshwar were seated. The
informer was seated in the Gypsy of Insp. Arti Sharma. Around
08:45 PM, they reached in front of Mission Public School,
Nangli Jalib Road. Insp. Arti Sharma requested 4-5 passersby to
join the raiding party but none agreed saying that it was an
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State v. Arvind Sharma @ Pushkar
information of criminal and they did not disclose their names and
addresses.
23.1. Insp. Arti Sharma did raiki of the spot and briefed them.
She informed that vehicle no. DL-4CR-7712 black colour Santro
Car was to be spotted. HC Sham Lal was instructed to keep his
vehicle behind the said vehicle. SI Rajneesh was instructed to
cover from left side of said vehicle. Insp. Arti Sharma disclosed
that she would cover the vehicle from the right side. HC Sham
Lal parked his vehicle in front of H.No. B-1/428, Janak Puri.
Insp. Arti Sharma parked her vehicle in front of H.No. B-1/234,
Janak Puri and SI Rajneesh Sharma parked his vehicle near
Khatta no. 118/109. Insp. Arti Sharma further instructed them
that she would give signal by pressing the light of Gypsy and
then they have to respond. They took position accordingly and
switched off the light of vehicles.
23.2. At about 09:15 PM, one black colour Santro Car was
noticed coming from the side of Gurudwara. The said vehicle
stationed near the wall of Mission School. At about 09:25 PM,
he sensed appointed signal from Insp.Arti Sharma. As per
instructions, they placed their vehicle near the black colour
Santro Car. HC Sham Lal alighted from vehicle. He alongwith SI
Rajneesh approached the driver side of Car. Ct.Dabbu Kanwar
went in front of the Car. On the rear side of window pane of the
driver side, PW-10, Insp. Arti Sharma and ASI Hem Karan
approached. They swiftly took their position as above. HC Sham
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State v. Arvind Sharma @ Pushkar
Lal disclosed his identity to the driver. At that time, the driver
side window pane was slightly opened, but driver swiftly closed
the window pane and took reverse gear. Consequently, the Santo
Car struck against the vehicle driven by HC Sham Lal which was
just behind the Santro Car. In the meantime, driver fired from his
pistol resultantly causing injury on the left palm of HC Sham
Lal. HC Sham Lal managed to caught hold of the right hand of
the accused, in which he was carrying pistol. But in the
meantime, the driver exhorted second fire and the bullet passed
near the head of HC Sham Lal. Ct. Dabbu Kanwar swiftly broke
the window pane of the Car from his riffle. SI Rajneesh took the
pistol from the pocket of HC Sham Lal and broke the right-side
window of the car from the said pistol and immediately switched
off the ignition of the Car. He went inside the vehicle from the
back side by breaking window pane of the Car and overpowered
the driver from his back. HC Rajender gained entry in the car
from left side, front gate and took out the pistol of driver and he
also took out the key from the ignition point. Driver was taken
out from the Car. The key of the Car and custody of accused was
handed over to Insp.Arti Sharma. PW-10 has correctly identified
the accused Arvind Sharma @ Pushkar before the Court. HC
Sham Lal was immediately taken to DDU hospital by SI
Rajneesh. Insp. Arti Sharma conveyed the message at 100
number. The local police of PS Janak Puri reached the spot and
conducted the investigation. He has further deposed that the
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State v. Arvind Sharma @ Pushkar
registration number of black colour Santro Car driven by
accused was DL-4CR-7712. He has further deposed that the
documents were prepared by the police however, he had not
signed any such documents. PW-10 has identified the case
properties i.e. two cartridge case Ex.A1 & Ex.A2; three live
cartridges as Ex.A.3 to Ex.A.5; Pistol as Ex.PW-8/P.1; vehicle of
accused as Ex.P.4 and its photographs as Ex.PW-2/A.5 to Ex.
PW-2/A.11 and Ex.PW-2/A.13 to Ex.PW-2/A.15.
24.PW-11 SI Rajnish Sharma has deposed that on 06.03.2013, he
was posted at SIT Crime Branch Sector 18, Rohini, Delhi. On
that day, HC Shyam Lal alongwith one secret informer came to
the office of Crime Branch and informer told the Insp.Arti
Sharma that member of the gang of Monu namely Arvind
Sharma @ Pushkar wanted in the case of murder of PS Binda
Pur would come at Mission School, Village Nangli Jalib at
around 09:30 PM in black Santro Car bearing registration no.
DL-4CR-7712. Insp. Arti Sharma verified the said information
and conveyed the said information to ACP, SIT. Insp.Arti
Sharma lodged the DD no. 12 to this effect at around 07:15 PM.
Insp. Arti Sharma formed the raiding team consisting PW-11,
ASI Suresh, ASI Hem Karan, HC Shyam Lal, HC Bahadur, HC
Rajender, Ct.Dabbu Kanwar and Ct.Gyaneshwar. They left the
office of crime branch and reached PS S.P.Badli from where HC
Shyam Lal and HC Bahadur had taken the pistol from the
malkhana of said PS. Ct.Dabbu had taken AK-47 riffle. HC
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State v. Arvind Sharma @ Pushkar
Bahadur, HC Shyam Lal and Ct.Dabbu were also got issued
bullet proof Jacket from the malkhana of PS S.P.Badli. They
returned to the Crime Branch office and then left the office of
Crime Branch vide DD no. 14 in two private Cars and one police
Gypsy for the spot. In the Gypsy, Insp.Arti Sharma, ASI Hem
Karan, Ct. Dabbu Karan alongwith informer were sitting. In the
private Car remaining raiding party team were sitting.
24.1. At around 08:45 PM, they reached at Village Nangli Jalib
near Mission Public School. Insp. Arti Sharma asked 5-6 persons
to join the raiding party at the mother dairy booth and
Gurudwara near Mission Public School, but they all refused to
join the same without revealing their identity and disclosing their
reasonable cause.
24.2. At around 08:55 PM, they reached near H.No. B-1/234,
Janak Puri, Delhi, where Gypsy was parked by Insp.Arti Sharma.
PW-11 also parked his Car near Khatta No. 118/109 and HC
Shyam Lal parked his Car near H.No. B-1/428.Insp.Arti Sharma
property briefed the staff. Thereafter, all the raiding party
members were sitting in their respective vehicles. At around
09:15 PM, one black Santro Car bearing no. DL-4CR-7712 was
coming from Gurudwara Road side and the driver of the said Car
parked the Car at the back wall of the Mission Public School.
Insp. Arti Sharma made signal by blowing the lights of the police
Gypsy. HC Shyam Lal took the U turn by his Car and parked his
Car at the back of the aforesaid Santro Car. PW-11 also parked
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State v. Arvind Sharma @ Pushkar
his Car at the left side of the Santro Car and Insp.Arti Sharma
parked the police gypsy at the right side of the said Santro Car.
They got down from their respective Car. Ct.Dabbu went to front
side of the Santro Car. PW-11 alongwith HC Shyam Lal came at
the driver side of the Santro Car. Insp. Arti Sharma alongwith
ASI Hem Karan and HC Bahadur came at the back gate towards
driver side of the said Santro Car. HC Rajender reached at the
left side front gate of the said Santro Car, whereas ASI Suresh
and Ct.Gyaneshwar reached at the back gate of the left side of
the said Santro Car. The Window of the driver seat of Santro Car
was slightly opened. HC Shyam Lal had shown his I Card to the
driver of Santro Car and disclosed their identity and asked him to
get down from the Car. But the driver of the said Car closed the
window and started his car and tried to came back but the said
car struck with the car of HC Shyam Lal. Thereafter, the driver
of the said Car i.e. accused Arvind Sharma, correctly identified
by PW-11, took out one pistol from his left dub and made fire by
the said pistol, which struck on the left hand of the HC Shyam
Lal and due to that fire, window of the driver seat of the said car
was also partly damaged. Thereafter, HC Shyam Lal entered into
his right hand from the said partly damaged window and caught
hold the right hand of the accused, in which he was having the
pistol. Thereafter, accused again made a fire but luckily it passed
over the head of HC Shyam Lal. PW-11 took out the pistol kept
by HC Shyam Lal at his back side left dub and broken the driver
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State v. Arvind Sharma @ Pushkar
side remaining window glass and PW-11 also switched off the
engine with the help of the key. In the meantime, HC Bahadur
had broken the window glass of the back seat of driver side of
the said Santro Car. After ignition of the engine of the Santro
Car, doors of the said Car were opened.
24.3. PW-11 has further deposed that HC Rajender entered from
the left side in the said Car and took out the Key of the said Car
and snatched the pistol from the hand of the accused. HC
Bahadur and ASI Suresh also entered into the said car from the
back door and caught hold the accused. They took out the
accused outside from the Car. He took the injured HC Shyam Lal
from the spot to the DDU hospital in his private Car. HC Shyam
Lal was primarily treated in the DDU hospital and thereafter, he
was referred in Gaga Ram hospital. On 07.03.2013, he came to
the PS S.P.Badli, where he deposited the pistol of HC Shyam Lal
and thereafter, went to the PS Janak Puri, where IO of the
present case S1 Ghansham recorded his statement.
25.Therefore, all the members of the raiding team deposed on
similar lines and despite their detailed cross-examination, the
defence could not demolish their stand or impeach their credit.
Members of Mobile Crime Team :
26.As per the case of the prosecution, after the incident, PW-8 Insp.
Arti Sharma made a PCR Call and after police from Local Police
Station reached at the spot, the mobile crime team was called at
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State v. Arvind Sharma @ Pushkar
the spot for spot inspection. PW-5 SI Azad Singh/Incharge
Mobile Crime Team has deposed that on 06.03.2013, on
receiving the call from Control room, he alogwith HC Lalit, Ct.
Sukram Pal (Photographer), Ct. Parvinder (Photographer)
reached in front of H.No. WZ-38, Village Nangli Jalib, Janak
Puri, Delhi by mobile crime team vehicle. On reaching the spot,
SI Ghansham and other police staff of PS Janak Puri met them.
He inspected the spot and there was a vehicle bearing no.
DL-4CR-7712 and its driver side window glass and front
glass/windscreen were lying broken. Another vehicle no.
DL-3CR-3586 was also present there and some blood spots were
on the car. Some blood spots were also present on the road
besides two empty cartridges of 7.65 mm. One of the empty
cartridges was lying inside the vehicle no. DL-4CR-7712 but he
could not tell the exact position of the empty cartridge however,
he got separately photographed the same. The second empty
cartridge was lying on road. He prepared scene of crime report,
proved as Ex.PW-5/A and Ex.PW-5/B.
26.1. During his cross-examination, PW-5 has deposed that he
did not remember the exact place where the blood was found on
the car no. 3586. He has voluntarily deposed that he had
mentioned the position of the blood spot in his report. Nothing
came during his cross-examination to demolish or impeach his
credit.
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State v. Arvind Sharma @ Pushkar
27.PW-2 Ct. Sukram Pal has deposed that on 06.03.2013, he was
working as Constable photographer in Mobile Crime Team, West
Delhi. On that day, he accompanied I/C Crime team ASI Azad
Singh and other staff to Village Nangli Jalib in front of H.No.
WZ-38, Janak Puri, Delhi, where blood was lying on the road,
two Santro Cars and empty cartridges were also found at the
spot. The crime team inspected the spot and he clicked
photographs of the spot under instructions of I/C Crime Team
and SI Ghansham of PS Janak Puri. They remained at the spot
from 10:20 PM to 11:15 PM.
27.1. On 07.03.2013, he again visited the aforesaid spot
alongwith staff of crime team, West District where they met the
IO/SHO. The crime team again inspected the spot and on
instructions of the IO/SHO, he again clicked photographs. In
both the visits, he took 19 photographs in total. The said
photographs are proved as Ex.PW-2/A.1 to Ex.PW-2/A.19 and
the negatives are proved as Ex.PW-2/B.1 to Ex.PW-2/B.19.
27.2. During cross-examination of this witness, he has deposed
that on his first visit, he took 17 photographs and on his second
visit, he took 02 photographs and those two photographs were of
the cartridge which was lying by the front side right window
pane of Car No. DL-4CR-7712, black Santo Car. He has further
deposed that the empty cartridge was lying on road just adjacent
to the right-side window of black colour Santro Car.
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State v. Arvind Sharma @ Pushkar
28.Even the photographs of the spot proved on record as
Ex.PW-2/A.1 to Ex.PW-2/A.19 shows the crime scene clearly
where the alleged incident occurred and corroborates the
testimonies of prosecution witnesses.
Witnesses to registration of FIR and investigation:
29.PW-13 W/Ct. Suman has deposed that on 06.03.2013, she had
recorded wireless message on the basis of message received
from mobile number 8750871246 regarding sustaining gunshot
injury and on the basis of same, she filled up the PCR form,
proved as Ex.PW-13/A. She sent the said message to the
concerned Police Station and District Control room. She has also
produced the requisite Certificate u/s 65B of the Indian Evidence
Act which is proved as Ex.PW-13/B and also identified the
signatures of Nodal Officer SI Devender Kumar at point A as she
had worked with him and seen him writing and signing during
her official capacity. However, she was not cross-examined by
the defence.
30.PW-4 ASI Babu Khan has deposed that on 06.03.2013, at about
09:55 PM, W-50 informed him through telephone that “Nangli
Jalib Gaon Khatte के पास Missan Public School, Boys and Girls
Secondary School, Janak Puri, raid डालने आये थे , एक आदमी के हाथ गोली
लगी है “, W/Ct. Suman, 3653/PCR 8750871246”. He recorded this
information in roznamcha vide DD no. 54A and gave the copy of
DD no.54A, attested true copy of the same is proved as
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State v. Arvind Sharma @ Pushkar
Ex.PW-4/A, to ASI Ramesh who left for the spot alongwith Ct.
Rajesh.
30.1. He has further deposed that on the same day at about 10:13
PM, Ct. Virender no. 2374 from DDU hospital informed
telephonically about admitting HC Sham Lal No. 271/Crime S/o
late Laxmi Narain R/o H.no. HIT, Crime Branch, Sector-18,
Rohini, Delhi, aged about 46 years by SI Rajneesh Sharma vide
MLC No. 5450/13 due to gun shot at Nangli Jalib, Janak Puri,
Delhi. He recorded this information in roznamcha vide DD no.
55A, attested copy of the same is proved as Ex.PW-4/B and
informed to ASI Ramesh telephonically.
31.PW-15 HC Rajeev Kumar has deposed that on 06.03.2013, duty
officer P.S Janak Puri had telephonically informed him that Insp.
Aarti Sharma and her team from SIT crime branch, had gone to
apprehend one wanted person namely Arvind from a place near
SRS Mission School Nangli Zalib Village, Janak Puri, where the
said wanted person had attacked on HC Shyam Lal, who was
member of team of Insp. Aarti Sharma. He was told to reach at
the informed place. HC Bijender and Ct Harjinder from P.S
Janak Puri were already there when he reached. One black
colour Santro car bearing no. DL 4CP 7712 was noticed by him
which was facing towards the boundary wall of SRS Mission
School. Insp. Arti Sharma was present alongwith her team. In
the meanwhile, SI Ghanshyam from PS Janak Puri reached there.
Accused Arvind Sharma (correctly identified by the witness) had
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State v. Arvind Sharma @ Pushkar
been apprehended by Insp Aarti Sharma. On the arrival of SI
Ghanshyam, Insp. Aarti Sharma handed over the custody of
accused to him. One pistol stated to have been recovered from
accused, was also handed over to SI Ghanshyam. SI Ghanshyam
directed HC Bijender and HC Rajesh to physically have the
custody of accused. Thereafter he checked the pistol and
unmounted its magazine. The magazine was having four live
cartridges. On checking the barrel of pistol, one live cartridge
was found there. The hammer of the pistol was in pull back
condition. The position of the hammer indicated that a shot has
been already fired and the pistol was in process of firing another
shot. SI Ghanshyam unloaded the magazine as well as barrel and
prepared a sketch of pistol, proved as Ex.PW-8/D, magazine as
well as the bullets recovered. The Pistol was measured and was
found having barrel of 15 cm in length, the Butt was 9.3 cm
long, the total diagonal length of pistol was 20 cm. The vertical
length of magazine was 10.5 cm. On the bottom of each of the
cartridges recovered ‘KF 7.65’ was found written. The live
cartridges so recovered were kept in a polythene pouch,
magazine was re-inserted in the pistol and the pistol alongwith
the cartridge was kept in a cloth pullanda by SI Ghanshyam. This
pullanda was sealed with the seal of GK. The pullanda was
thereafter seized vide seizure memo, proved as Ex.PW-8/E.
31.1. PW-15 has further deposed that SI Ghanshyam recovered
one empty/used cartridge lying near the right side of the driver’s
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State v. Arvind Sharma @ Pushkar
entrance of the car bearing no. DL-4CP-7712, while he was
inspecting the site. He found another used cartridge from the
foot mat inside the car. SI Ghanshyam prepared the sketch of
empty cartridge so recovered, proved as Ex.PW-15/A, however,
it does not bear his signatures but it was prepared in his
presence. Both the cartridges were sealed with the seal of GK
and seized vide seizure memos, proved as Ex.PW-8/F and Ex.
PW-8/G.
31.2. He has further deposed that SI Ghanshyam thereafter
further checked the Car and found two mobile phones were lying
on the dash board of the Car. Both the mobile phones were of
make Nokia 1280 however, not having the batteries. Both the
phones were found having sim card of Idea Mobile company. He
did not recollect the IMEI number of those mobile phones. It was
of 15 digits each and was noted down by the IO in the seizure
memo. Both the phones were kept in a cloth pullanda which was
sealed with the seal of GK and was seized vide seizure memo,
proved as Ex.PW-15/B. While conducting further investigation,
SI Ghanshyam lifted blood-stained rohri with mud from the
place outside the car where it was lying. It was kept in a
polythene which was kept in a cloth pullanda and was sealed
with the seal of GK. IO also prepared one blood on gauze which
he collected as sample from the place of incident, kept in cloth
pullanda, sealed the same with the seal of GK. He had also lifted
earth control of the relevant spot for sample, kept the same in
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State v. Arvind Sharma @ Pushkar
polythene pouch, converted into cloth pullanda and also sealed
with the seal of GK. All the three pullandas were seized vide
seizure memos, proved as Ex.PW-8/I, Ex.PW-8/H and Ex.
PW-8/J respectively. The car in which accused had reached there
bearing no. DL-4CP-7712 and Car make silver Santro bearing
no. DL-3CP-3586 in which the raiding party had reached there
were seized vide separate seizure memos by SI Ghanshyam,
proved as Ex.PW-8/K and Ex.PW-8/L respectively.
31.3. PW-15 has further deposed that Insp Aarti Sharma gave her
handwritten complaint, Ex.PW-8/C to SI Ghanshyam. SI
Ghanshyam prepared tehrir and sent Ct Harjinder for getting the
FIR registered at P.S Janak Puri. In the meanwhile, accused was
sent to DDU hospital through HC Bijender and Ct Rajesh for
medical examination. After about 30-45 minutes, Ct Harjinder
returned at the spot with print out of FIR. HC Bijender and Ct
Rajesh had also returned from DDU hospital alongwith accused.
IO had thereafter interrogated accused Arvind who got his
disclosure statement recorded. Accused was thereafter arrested
vide arrest memo, proved as Ex.PW-15/C. He was informed
about the incident on 06.03.2013 at about 09.30 PM by the duty
officer. The proceedings continued during the night hours till
07.03.2013. They had returned police station Janak Puri at about
04:30 AM on 07.03.2013. The case property was deposited in
malkhana.
31.4. PW-15 has further deposed that on 10.04.2013, he had
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State v. Arvind Sharma @ Pushkar
again joined the investigation in the present case with Insp HSP
Singh. On that day, he on the directions of IO, had accompanied
SI Shyam Lal to DDU hospital for getting his blood sample
preserved. Accordingly, in DDU hospital, blood sample was
preserved which was sealed in an envelope bearing seal of CMO,
DDU hospital by the concerned doctor. It was handed over to
him alongwith sample seal. He handed over the sample seal
alongwith sealed pullanda containing blood sample to IO Insp.
HSP Singh which he seized vide seizure memo Ex.PW-15/D.
This witness has identified the case properties i.e. Pistol and
empty magazine as Ex.PW-8/P.1; two used cartridges and three
live cartridges as Ex.PW-8/P.2 to Ex.PW-8/P.6; another used
cartridges marked as EC1 and Ex.PW-8/P.7; another used
cartridge marked as EC2 and Ex.PW-8/P.8; two mobile phones
as Ex.PW-8/P.9 and Ex.PW-8/P.10; piece of gauze and cotton
wool swab with blood stains and two slips of FSL having
mentioned on it Ex.1a and 1b as Ex. PW-15/P.1; rohri pieces and
one slip of FSL having mentioned on it Ex.no.2 as Ex.
PW-15/P.2; blood on gauze as Ex.PW-15/P.3 and slip of FSL
having marked as Ex.no.4.
31.5. This witness was also cross-examined by the Ld.
Prosecutor wherein he has admitted that registration number of
Car seized in this case is DL-4CR-7712; that samples including
empty cartridge lifted from the spot were kept in plastic boxes
before sealing them in cloth pullanda and that two Sim cards of
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State v. Arvind Sharma @ Pushkar
idea company were recovered during personal search of accused.
32.PW-16 ASI Bijender Singh has deposed that on 06.03.2013, on
receipt of information from Duty officer regarding some incident
near Mission School, Nangli Zalib, B-1 Janak Puri, he alongwith
HC Rajiv and Ct. Harjender reached at the aforesaid place where
they met Insp. Arti Sharma alongwith her staff and Ct. Rajesh. In
the meantime, SI Ganshyam Kishore also reached at the spot.
Insp. Arti Sharma apprised him about the facts and
circumstances and also handed over accused Arvind Sharma @
Pushkar alongwith recovered pistol to him. SI Ganshyam handed
over the custody of accused Arvind to PW-16 and Ct. Rajesh.
32.1. PW-16 further deposed that thereafter, SI Ganshyam had
checked the aforesaid pistol and on checking the magazine of the
aforesaid pistol, 4 live cartridges were found and one live
cartridge was found inside the chamber of aforesaid pistol. The
hammer of the pistol was in pull-back condition. SI Ganshyam
had prepared sketch of pistol, magazine and cartridges, proved as
Ex.PW-8/D. He has further deposed that on measurement, the
total length of pistol was found 20 cm, length of butt was found
9.3 cm. and length of barrel was found 15 cm. The length of
magazine was found 10.5 cm and width of magazine was found
3.3 cm. On the bottom of each recovered cartridge ‘KF7.65’ was
found written. The recovered cartridges were kept in polythene
pouch by the IO and the pistol alongwith magazine and aforesaid
cartridges was converted into pullanda with the help of white
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State v. Arvind Sharma @ Pushkar
cloth and same was sealed with the seal of ‘GK’. The aforesaid
pullanda was seized vide seizure memo, proved as Ex.PW-8/A.
32.2. After inspection of the spot by the Crime Team, one empty
cartridge (KF7.65 was found written on the base of the cartridge)
which was found lying outside black colour car make Santro
bearing No.DL-4CP-7712 was seized by the IO by putting the
same in a small plastic box and the same was converted into
pullanda with the help of white cloth and the same was seized by
the IO vide seizure memo, proved as Ex.PW-8/F. One empty
cartridge was found lying on the right side of the aforesaid
Santro car. On the base of the aforesaid empty cartridge KF7.65
was written. The aforesaid empty cartridge was placed in small
plastic box and was converted into pullanda with the help of
white cloth. Same was sealed with the seal of ‘GK’ and was taken
into the possession by the IO vide memo, proved as Ex.PW-8/G.
He has further deposed that the aforesaid cartridge was found
lying on the right side of the driver seat near foot rest. Thereafter,
the IO handed over rukka to Ct. Harjender for registration of
FIR. Thereafter, Ct. Harjender went to PS for registration of
case. Thereafter, IO inspected the spot and prepared site plan at
the instance of Insp. Arti Sharma.
32.3. Thereafter, IO inspected Santro car bearing No.
DL-4CP-7712 and on checking, two mobiles make Nokia were
found lying on the dashboard of the aforesaid car. On checking
both were found containing SIM of Idea Company and were
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State v. Arvind Sharma @ Pushkar
without batteries. Model of the aforesaid mobiles was 1280.
However, he did not remember the IEMI number but same was
mentioned by him in his statement after checking the same. The
aforesaid mobiles converted into pullanda with the help of white
cloth and the same was sealed with the seal of ‘GK’. The
aforesaid pullanda was seized by the IO vide seizure memo,
proved as Ex.PW-15/B. Thereafter, IO had separately lifted
blood stained rori (bazri/soil), earth control, blood on gauge from
the spot and were placed in separate plastic boxes (plastic dibi).
The aforesaid plastic boxes were converted into pullanda with
the help of white cloth and were separately sealed with the seal
of ‘GK’. The aforesaid exhibits were seized by the IO vide
seizure memos, proved as Ex.PW-8/H, Ex.PW-8/1 and
Ex.PW-8/J.
32.4. Thereafter, IO had seized the aforesaid Santro car bearing
No. DL-ACP-7712 vide seizure memo, proved as Ex.PW-8/K. It
was the same car which was used by the accused at the time of
the incident. Thereafter, IO had seized the car of HC Shyam Lal
bearing registration No. DL-3CP-3586 vide seizure memo
proved as Ex.PW-8/L. There were blood stains on the aforesaid
car and it was damaged from the front side. PW-16 has correctly
identified the accused before the Court. Thereafter, IO
interrogated the accused and arrested him vide arrest memo
proved as Ex.PW-15/C; his personal search was conducted vide
memo, proved as Ex.PW-16/A. IO had also recorded disclosure
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State v. Arvind Sharma @ Pushkar
statement of accused vide memo, proved as Ex.PW-16/B.
Thereafter, as per the directions of the IO, accused Arvind was
taken for medical examination at DDU hospital by him and Ct.
Rajesh. After medical examination accused was taken to the spot
by him and Ct. Rajesh. Thereafter, he alongwith IO with case
property, staff of Crime Branch, SIT Local staff and accused
went to the police station. Case deposited by the IO with the
MHC(M) and accused was put in lock-up.
32.5. PW-16 in the leading question put to him by the Ld.
Prosecutor, has admitted that the registration number of black
Santro car was DL-4CR-7712 and he was not able to recollect
the same due to lapse of the time. This witness has correctly
identified the case properties i.e. one pistol having empty
magazine as Ex.PW-8/P1, two used cartridges and three live
cartridges as Ex.PW-8/P.2 to Ex.PW-8/P.6; another used
cartridge as Ex.PW-8/P7 (marked as EC1); another used
cartridge as Ex.PW-8/P.8 (marked as EC2); two mobile phones
as Ex.PW-8/P.9 and Ex.PW-8/P.10; piece of gauge and cotton
wool swab with blood stains & two slips of FSL, having
mentioned on it Ex.No.1a and 1b as Ex.PW-15/P.1; Rohri pieces
and one slip of FSL having mentioned on it Ex.no.2, as Ex.
PW-15/P.2; photographs of black colour Santro Car bearing no.
DL-4CR-7712, Ex.P.4, as Ex.PW-2/A.5 to Ex.PW-2/A.15 and
photographs of silver colour Santro Car bearing no.
DL-3CP-3586, Ex.P.6 as Ex.PW-2/A.16 to Ex.PW-2/A.19.
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State v. Arvind Sharma @ Pushkar
33.PW-18 HC Harjender has deposed that on 06.03.2013, he was
present in the Janakpuri Transport Authority situated in District
Centre, Janak Puri alongwith HC Bijender and HC Rajiv. HC
Bijender received telephone call from duty officer asking them
to report to SI Ghansham who was present at Mission Public
School, B-1, Janak Puri, Delhi. They all reached there
immediately at about at 10:15 PM. As they reached the spot, SI
Ghansham also arrived. Crime team was already present under
the supervision of Insp.Arti Sharma. Insp.Arti Sharma instructed
SI Ghansham to take custody of accused Arvind Sharma @
Pushkar, (correctly identified by the witness). His custody was
handed by SI Ghansham to HC Bijender and Ct.Rajesh. Two
vehicles were parked out of which one was of Black colour
bearing registration no. DL-4CR-7712 and the other was perhaps
of Silver Colour bearing registration no. DL- 3CR-3586. Both
Cars were Hyunda Santro make. Insp.Arti Sharma also
handedover one Pistol to SI Ghansham.
33.1. SI Ghansham checked the said Pistol which was containing
four live Cartridges in its Magazine. One live cartridge was
already found loaded in the Chamber of the Pistol. The five live
Cartridge were retrieved from the Pistol and SI Ghansham
prepared the Sketch of the Pistol and cartridges, proved as
Ex.PW-8/D. The diagonal length of the pistol was 20 cm. Its Butt
was 9.3 cm and barrel was 15 cm. The width of the magazine
was 3.3 cm and its length was 10.5 cm. IO prepared a cloth
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State v. Arvind Sharma @ Pushkar
parcel of the pistol and cartridges; sealed the same with the seal
of GK and seized vide memo, proved as Ex.PW-8/E. The front
wind screen and the right side front driver seat glass window and
the rear side passenger seat glass window of black colour Santro
car were in broken condition. On checking of the car, one empty
cartridge was found lying at the footrest of driver seat and one
other empty cartridge was found lying on the right front side of
the inside of the car. IO lifted both these cartridges from the car.
IO prepared sketch of both these empty cartridges, proved as
Ex.PW-15/A. IO prepared a cloth parcel of these empty
cartridges; sealed the same with the seal of GK and seized vide
memos, proved as Ex.PW-8/F and Ex.PW-8/G. Then IO prepared
the tehrir and handed over it to PW-18 at about 01:45 AM for
getting registration of the FIR. He went to PS and got registered
the FIR and returned to the spot with copy of FIR and original
rukka at about 03:40 AM and handed over the copy of FIR and
original rukka to SI Ghanshyam.
33.2. PW-18 has further deposed that IO again checked the black
colour Santro Car and two mobile phones make Nokia were
recovered from the dash board of the Car. The battery was not
lying in both the mobile phones. The sim of Idea company was
lying in both the mobile phones. One of the phones did not have
the back cover. IO prepared a parcel of these phones and sealed
it with the seal of GK and seized vide memo proved as Ex.
PW-15/B. The blood found present on the right side of black
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State v. Arvind Sharma @ Pushkar
Santro Car on the ground was lifted in the form of sample by
cotton gauze by the IO and preserved in a plastic container. It
was sealed with the seal of GK and seized vide memo, proved as
Ex.PW-8/H. At the same spot, rori (broken pieces of stones)
which were blood stained were also lifted in the form of sample
by the IO and preserved in a plastic container. It was sealed with
the seal of GK and seized vide memo, proved as Ex.PW-8/I. IO
arrested the accused Arvind vide arrest memo, proved as Ex.PW-
15/C; conducted his personal search vide memo, proved as
Ex.PW-16/A. Both the cars were also seized by the IO vide
seizure memos, proved as Ex.PW-8/K (that of black santro car
DL-4CR-7712) and Ex.PW-8/L (that of Car bearing no.
DL-3CP-3586).
33.3. PW-18 has further deposed that IO instructed HC Bijender
and Ct.Rajesh to get the medical examination of accused
conducted and they returned thereafter to the spot. Thereafter,
all the police officials came back to PS at about 05:15 AM.
Accused was detained in the Police lock up and IO deposited the
case property in the malkhana.
33.4. PW-18 has correctly identified the case properties i.e. one
plastic container containing blood stained cotton gauze as
Ex.PW-15/P1; Rohri sample lifted from the spot as
Ex.PW-15/P2; Car bearing No. DL-4CR-7712 as Ex.P4; Car
bearing No. DL-3CP-3586 as Ex.P6; Pistol as Ex.PW8/P1; two
empty cartridges and three live cartridges as Ex.PW-8/P.2 to Ex.
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State v. Arvind Sharma @ Pushkar
PW-8/P.6; two Nokia mobile phones (one black colour and other
grey colour), recovered from the dashboard of the car as
Ex.PW-8/P.9 and Ex.PW-8/P.10; one empty cartridge recovered
from the spot as Ex.PW8/P7 (Mark EC1); one empty cartridge,
recovered from the spot as Ex.PW-8/P.8 (Mark EC2); piece of
gauze and cotton swab with blood stains and two slips of FSL
mentioning the Ex.1A & Ex.1B as Ex.PW-15/P.1 and one light
pink colour shirt, one white colour baniyan and one
handkerchief, belongs to HC Shyam Lal as Ex.Pl to Ex.P3.
34.First IO/ PW-19 Insp. Ghanshyam Kishore has deposed that on
6.3.2013, at about 10.00 PM, on receipt of information regarding
firing at Nangli Zalib, near SRS School, B-1, Janakpuri, he along
with HC Bijender and Const. Harjinder went to the spot. Insp.
Arti Sharma of Crime Branch along with her staff met him at the
spot. About 8-10 police officials were present at the spot along
with Insp. Arti Sharma. He found two Santro Cars, one was of
black colour and other was of white colour, were stationed at the
spot. The black colour Santro car bearing registration No. DL 4C
R-7712 was stationed facing towards boundary wall of SRS
School. The white colour Santro Car bearing registration no.
DL-3CP-3586 was stationed at some distance from black colour
Santro car on its back side. There was blood lying near black
colour Santro Car, some blood stains were on the bonnet of
white colour santro car and some blood stains were on the road.
One empty cartridge case was lying near black colour santro car.
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State v. Arvind Sharma @ Pushkar
The wind screen and the window glasses of black colour santro
car were in broken condition. The crime team was informed for
inspection of the spot. Insp. Arti Sharma produced one person
who informed his name as Arvind Sharma @ Pushkar by stating
that she along with her staff came there to apprehend accused
Arvind Sharma on the basis of secret information. However,
despite warning, accused Arvind fired towards HC Shyam Lal
with his pistol and due to which HC Shyam Lal sustained
gunshot injuries, who had already been removed to DDU
hospital. Insp. Arti Sharma also produced the weapon i.e. Pistol
which she had already got recovered from the possession of
accused Arvind Sharma. This witness has correctly identified
the accused before the Court.
34.1. PW-19 checked the pistol and took out its magazine, which
was found loaded with four live cartridges. There was one
another live cartridge in its chamber. All the five cartridges were
taken out from the magazine and pistol. The words ‘No. 1000’ on
one side and the words ‘for army supply’ on the other side were
engraved on the pistol. The words KF7.65 were engraved on the
bottom of every live cartridge. He prepared sketch of the pistol
and the cartridges. The barrel of pistol was 15 cms, the length of
Butt was perhaps 9.5 cms and its diagonal length was 20 cms. He
also prepared sketch of the magazine of the pistol. The sketch of
pistol, cartridges and magazine is proved as Ex.PW8/D.
Thereafter, he prepared cloth parcel of the pistol, cartridges and
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State v. Arvind Sharma @ Pushkar
magazines; sealed it with the seal of GK and seized vide memo,
proved as Ex.PW-8/E. Insp. Arti Sharma gave her written
complaint to him and he made his endorsement, proved as
Ex.PW-19/A and handed over rukka to Ct.Harjinder. He was
sent to PS for registration of FIR. He also prepared site plan,
proved as Ex.PW-1/DB at the instance of Insp. Arti Sharma.
34.2. After about one hour of the information, crime team
reached at the spot, inspected the spot and took photographs of
the spot. He lifted empty cartridge case, blood from the bonnet
of Santro car, blood-stained earth control and earth control from
the spot. He prepared sketch of empty cartridge case, separate
cloth parcels of above-said exhibits and same were sealed with
seal of GK. The seizure memo of empty cartridge (lying outside
santro car) is proved as Ex.PW8/F and seizure memo of blood,
blood-stained earth control & earth control are proved as
Ex.PW8/H, Ex.PW8/I and Ex.PW8/J respectively. On search of
black colour santro car, one empty cartridge case was found
lying on its footrest of front seat. The same was lifted and turned
into a cloth parcel, sealed the same with the seal of GK and
seized vide memo, proved as Ex.PW-8/G. There were two
mobile phones of make ‘Nokia’ found lying in the black colour
Santro Car. He prepared a cloth parcel of these mobile phones;
sealed them with the seal of GK and seized vide memo, proved
as Ex.PW-15/B.
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State v. Arvind Sharma @ Pushkar
34.3. PW-19 has further deposed that thereafter, both the Santro
cars were seized vide memos, proved as Ex.PW8/K (of car
bearing registration No. DL 4C R-7712) and Ex.PW8/L (of car
bearing registration No. DL 3C P-3586). Accused was arrested
vide memo, proved as Ex.PW15/C. His personal search was
conducted vide memo, proved as Ex.PW16/A. PW-19
interrogated the accused and recorded his disclosure statement
proved as Ex.PW16/B and sent accused Arvind along with HC
Bijender and Const. Rajesh to DDU Hospital for conducting his
medical examination. At about 02.00 AM, Const. Harjinder
returned to the spot with copy of FIR and original rukka. The
crime team Incharge handed over his inspection report to him.
While checking the black colour Santro Car, when he found
empty cartridge case and mobile phones inside the Car, he again
called the crime team for inspection of Santro Car. The crime
team came and inspected the Santro Car and thereafter, he lifted
the empty cartridge case and mobile phones and seized the same.
Thereafter, the crime team handed over the report regarding
inspection of Santro Car to him. Both the seized Santro cars were
sent to PS.
34.4. Thereafter, he went to DDU Hospital and collected the
MLC of injured HC Shyam Lal and his surgery was to be
conducted. He collected the blood-stained clothes of injured HC
Shyam Lal; prepared a cloth parcel; sealed it with the seal of GK
and seized vide seizure memo, proved as Ex.PW-1/A. Then he
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State v. Arvind Sharma @ Pushkar
along with accused Arvind and his staff came to PS. The case
property was deposited with MHC(M). Accused was put in
lockup. He called the members of raiding team of Insp. Arti
Sharma in PS Janakpuri and recorded their statements. He also
recorded the statements of HC Bijender and Const. Harjinder.
Accused was produced in the Court and from there he was
remanded to J.C. Thereafter, further investigation of this case
was taken by the SHO/Insp.H.S.P.Singh. He came to know that
black colour Santro Car was of accused Arvind and white colour
Santro Car was of injured HC Shyam Lal.
34.5. PW-19 has correctly identified the case properties i.e. one
pistol with empty magazine, three live cartridges and two empty
cartridge cases, as Ex.PW8/P1 (pistol) to Ex.PW8/P6
(cartridges), plastic box containing used cartridge marked as
EC-1, Exhibit Ex.PW8/P7, plastic box containing used cartridge
marked as EC-2, Ex.PW8/P8, two mobile phones as Ex.PW8/P9
and P10, one plastic box containing piece of gauze having blood
stains as Ex.PW15/P1 and another plastic box containing earth
control as Ex.P2 before the Court. He has also correctly
identified the photographs of Car bearing no. DL-3CP-3586 as
Ex.PW-2/A.16 to A19 and black colour Santro car bearing No.
DL 4C R-7712 as Ex.PW2/A5 to A15, clothes of injured i.e. one
light pink colour shirt, one white colour baniyan and one
handkerchief as Ex.P.1 to Ex.P.3 before the Court. He further
deposed that the colour of Car bearing no. DL-3CP-3586 is
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State v. Arvind Sharma @ Pushkar
silver and inadvertently, he has stated its colour as white though
it is of silver colour.
35.PW-3 SI Sushil Kumar has deposed that on 07.03.2013, at about
02:05 AM, he received rukka brought by Ct. Harjinder sent by SI
Ghansham Kishore for registration of FIR. On the basis of
which, he got FIR No. 70/2013 recorded u/s 186/353/332/307
IPC and Section 25/27 Arms Act, vide DD No. 4A. He has
proved the computerized copy of FIR as Ex.PW-3/A; his
endorsement Ex.PW-3/B and Certificate Ex.PW-3/C. He has
further deposed that after registration of FIR, he had handed over
the copy of FIR and original rukka to Ct. Harjinder for handing
over the same to SI Ghansham Kishore for investigation purpose.
35.1. During cross-examination by the defence, PW-3 has
deposed that he remained with Ct. Sandeep/Computer operator
for about 40 minutes. He did not lodge any ‘Bandi’ (closure
record) entry in roznamcha about the closure of FIR.
36.PW-20 ACP HSP Singh/ 2nd IO has deposed that after taking
further investigation of this case, on 13.03.2013, exhibits of the
present case were sent to FSL through Ct. Mukesh and he
recorded the statement of MHC(M) and Ct. Mukesh. On
05.04.2013, photographs taken by the Crime team were
collected. On 10.04.2013, injured HC Shyam Lal who was
posted at Crime branch was called and then he was sent to DDU
hospital alongwith HC Rajeev for collection of his blood sample.
After some time, HC Rajeev and HC Shyam Lal returned to PS
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State v. Arvind Sharma @ Pushkar
from the hospital. HC Rajeev handed over the sealed parcel
containing the blood sample of injured alongwith sample to him
which were seized vide seizure memo, proved as Ex.PW-15/D.
Thereafter, he was transferred from PS Janak Puri, so he
deposited the case file with MHC(R).
37.PW-21 Insp.Raj Kumar/ 3rd IO has deposed that on 16.04.2013,
after receiving further investigation of this case since IO/Insp.
H.S.P.Singh was transferred from PS Janak Puri, on 17.04.2013,
remaining exhibits were sent to FSL by him through Ct. Sri Ram
vide RC no. 2/21/2013. He further deposed that on 17.05.2013,
he requested the ACP for obtaining permission/complaint u/s 195
Cr.P.C. After some days, he collected the complaint u/s 195
Cr.P.C. from Sh. K.P.S Malhotra, ACP Crime Branch, as Mark
P.21/1. He collected FSL result from Ballistic Unit, proved as
Ex.PW-21/A. He also obtained permission/Sanction u/s 39 of
Arms Act.
37.1. PW-21 has further deposed that he obtained the opinion
regarding the nature of injuries sustained by injured HC Shyam
Lal from DDU hospital. The nature of injuries were opined as
‘Grievous’ by the concerned doctor. Thereafter, he prepared the
charge sheet and same was filed before the concerned Court.
Late he collected the FSL result from Biology department of
FSL, proved as Ex.PW-21/B and same was filed in the Court
through supplementary charge sheet.
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State v. Arvind Sharma @ Pushkar
38.PW-22 Sh. K.P.S.Malhotra, Dy. Director (OPS) and Zonal
Director (NCB), Delhi has deposed that on 06.03.2013, he was
posted as ACP, SIT, Crime Branch, Delhi. Insp. Arti Sharma was
under his supervision and she gave a credible information
regarding the criminals involved in heinous crime. On that
information, a team under Insp. Arti Sharma conducted a raid
and apprehended Arvind Sharma @ Pushkar from Janak Puri,
Delhi. He has further deposed that in the process, the accused
persons fired upon the police team and the bullet injury was
sustained by HC Shyam Lal. After going through the contents of
the information and the raid conducted, he was convinced that
the Complaint u/s 195 Cr.P.C., proved as Ex.PW-22/A was
legally valid and the same was submitted before the Hon’ble
Court. Insp. Arti Sharma had also briefed him about the facts
and about the registration of the present case bearing FIR no.
70/13 with PS Janak Puri and thereafter, he filed the Complaint
Ex.PW-22/A in the Court.
39.PW-17 Sh. Devender Arya, DCP Operations has deposed that he
had gone through the FSL report, statement recorded u/s 161
Cr.P.C. and other relevant documents and on being satisfied that
accused Arvind Sharma @ Pushkar had in his exclusive and
conscious possession one 7.65 mm improvised pistol, five 7.65
mm live cartridges and two 7.65 mm empty cartridge cases,
without any valid license in contravention of Section 3 of the
Arms Act, 1959 and he had committed an offence u/s 25 Arms
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State v. Arvind Sharma @ Pushkar
Act vide case FIR no. 70/13 dated 07.03.2013 u/s
186/353/332/307 IPC and Section 25 Arms Act, PS Janak Puri.
Accordingly, he gave Sanction for the prosecution of accused u/s
39 of Arms Act vide order, proved as Ex.PW-17/A.
40.PW-23 SI Nikka Ram has deposed that on 07.03.2013, he was
posted at PS Janak Puri as HC and working as MHC(M). On that
day, SI Ghanshyam Kishore had deposited 8 sealed Pullandas
duly sealed with the seal of ‘GK’. SI Ghanshyam also deposited
two seized vehicles i.e. one Santro Car bearing registration no.
DL-4CR-7712 of black colour and one another Santro Car
bearing registration no. DL-3CP-3586 of silver colour. He had
mentioned the same in register no. 19 at serial no. 3006, proved
as Ex.PW-23/A (OSR).
40.1. PW-23 further deposed that on 10.04.2013, Insp. HSP
Singh had deposited one sealed pullanda duly sealed with the
seal of CMO DDU hospital Delhi alongwith sample seals of the
same. He had mentioned the same in register no. 19 at srl. no.
3342, proved as Ex.PW-23/B.
40.2. PW-23 has further deposed that on 17.04.2013, four sealed
Pullandas alongwith one sample seal were handed over to Ct.
Shree to deposit the same to FSL Rohini through RC No.2/21/13,
proved as Ex.PW-23/C. After depositing the same, the Ct. Shree
had handed over the copy of acceptance to him.
40.3. He has further deposed that on 11.03.2013, three sealed
Pullandas were handed over to Ct. Mukesh to deposit the same to
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State v. Arvind Sharma @ Pushkar
FSL Rohini through RC No.114/21/13, copy of the same is
proved as Ex.PW-23/D. After depositing the same, Ct. Mukesh
had handed over the copy of acceptance to him.
40.4. He has further deposed that on 13.03.2013, three sealed
pullandas were handed over to Ct. Mukesh to deposit the same at
FSL Rohini through RC no. 115/21/13, copy of the same is
proved as Ex.PW-23/E. After depositing the same, Ct. Mukesh
had handed over the copy of acceptance to him.
41.PW-24 Sh. Rajender Kumar has deposed that he is working as a
cab driver and registered owner of Santro Car bearing
registration no. DL-3CP-3586 make Santro. He has further
deposed that on 03.04.2023, he had obtained above said car on
Superdari, proved as Ex.PW-24/A. He has also correctly
identified the photographs of the Car as Ex.PW-2/A16 to
Ex.PW-2/A19.
41.1. PW-24 has further deposed that on 05.03.2013, his Car
was taken by his known police official Shyam Lal for some
urgent work. Prior to this, he had also taken 2-3 times his Car for
his urgent work. Therefore, he again handed over his Car to him
on 05.03.2013. He got released his Car on Superdari on
03.04.2013. He has further deposed that on the previous date,
date of release of his vehicle on Superdari was mentioned as
03.04.2023, which is wrong and actual date is 03.04.2013.
However, his Car has been stolen on 29.10.2022 and I had
lodged eFIR of the same, copy of the same is marked as Mark
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State v. Arvind Sharma @ Pushkar
PW-24/X.
Witnesses to FSL result:
42.The case property, earth control and some exhibits were lifted
from the scene of crime soon after the incident during
investigation and in this regard, PW-6 Ct. Shriram has deposed
that on 17.04.2013, MHC(M) CP gave his four sealed pullandas,
FSL forms for depositing at FSL, Rohini vide RC no. 02/21/13,
copy of the same is proved as Ex.PW-6/A. He deposited the
abovesaid articles in the FSL, Rohini and came back to PS Janak
Puri and handed over the acknowledgment to MHC(M), proved
as Ex.PW-6/B. He has further deposed that so long as the
exhibits remained in his custody, the same remain intact and not
tampered.
43.PW-7 Ct. Mukesh has deposed that on 13.03.2013, on the
direction of the SHO/IO of the case, he took three sealed parcels
with regard to the present case from the MHC(M) alongwith FSL
form and RC no. 115/21/13, copy of the same is proved as
Ex.PW-7/A, for depositing the same at FSL, Rohini, Delhi. He
deposited the aforesaid articles at FSL, Rohini, vide FSL No.
2013/F-2021. After depositing the articles at FSL, Rohini, he
came back to PS and handed over the copy of acknowledgment,
proved as Ex.PW-7/B to MHC(M). So long as the parcels
remained in his custody, they remained intact and not tampered.
SC No. 57011/2016 Page 58 of 70
44.The FSL result of Ballistic proved as Ex.PW-21/A opines that the
cartridge cases recovered from the spot and marked as exhibit
“EC1 and EC2” have been fired through the improvised pistol
marked exhibit ‘F1’. The exhibit 7.65 MM cartridges marked A1
to A5 are Ammunition as defined in Arms Act.
45.As per FSL result of Biology proved as Ex.PW-21/B, blood was
detected on exhibits 1a, 1b, 2, 3a, 3b, 3c and 4 which are gauze
cloth piece, cotton wool swab, blackish concrete material/rohri,
full sleeves shirt of the injured, the baniyan of the injured, the
handkerchief of the injured and blood on gauze piece
respectively.
Medical Evidence:
46.PW-9 Dr. Anubhav Gupta, Consultant Plastic Surgeon, Sir
Ganga Ram hospital, Delhi has produced the official record
pertaining to patient Mr. Shyam Lal S/o Sh. Laxmi Narain in
connection with the MLC no. 5450 of DDU hospital dt.
06.03.2013. He has further deposed that on 07.03.2013, at 12:57
AM, the aforesaid patient was brought before him for
examination and treatment as referred by the DDU hospital. The
patient Mr. Shyam Lal was examined by the doctor in Casualty
at Sir Ganga Ram hospital with the alleged history of gunshot
injury at 09:35 PM at Janak Puri on duty on 06.03.2013 and
patient was immediately taken to DDU hospital for first aid. The
photo copy of Casualty Card is proved as Ex.PW-9/A (twoSC No. 57011/2016 Page 59 of 70
State v. Arvind Sharma @ Pushkar
sheets) (OS&R). On Ex.PW-9/A, the sticker showing the name
of patient as Achla Jain is inadvertently pasted instead of sticker
of Mr. Shyam Lal, which is appearing on rest of the file. The
findings of the Dr. P.P.Sharma in Casualty are appearing on the
Casualty Card Ex.PW-9/A from point A to A. The patient was
shifted to Operation theatre after getting the investigations done.
The patient Shyam Lal was operated by him and Orthopedic
surgeon Dr. Satish, in which exploration of left-hand wound and
median nerve repair by nerve grafting (Sural nerve) plus K wire
fixation of left fourth metacarpal was done. In this regard,
photocopy of OT note is proved as Ex.PW-9/B (three sheets)
(OS&R). Photo copy of discharge summary is Ex.PW-9/C
(OS&R) and the handwriting on the photocopy Ex.PW-9/C at
point A made by him when patient came to him later on for
follow-up and further treatment.
46.1. He has further deposed that he has seen the photocopy of
OPD Ticket dt. 08.04.2013 and the patient was examined by him
on 11.04.2013 vide the above OPD, marked as Mark PW-9/1. He
had also identified his handwriting on his private letterhead on
the photocopies of prescriptions Mark PW-9/2 and Mark
PW-9/3. He had also identified his counter sign at points A on
the photocopies of the Bills Mark PW-9/4 to Mark PW-9/14. He
also identified his signatures at point A on the photocopy of
private OPD receipt, Mark PW-9/15.
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State v. Arvind Sharma @ Pushkar
47.PW-12 Dr. Rajeev Kumar Singh has deposed that on 06.03.2013,
he was posted at DDU hospital as Sr. Resident (Casualty). On
that day, one injured HC Shyam Lal was brought by SI Rajneesh
Sharma with alleged history of gunshot injury as told by self. He
examined the said injured and found injury as follows:
1. Small circular shape wound over mid part of left wrist
with blackening around wound, measures approx. 1 x 1
cm.
2. Irregular margin circular shape wound over
dorsomedial part of left hand, measures approx. 2 x 2
cm.
48.After administering the primary treatment, patient was referred
to Ortho and plastic Surgeon (SR) for further management. He
prepared the MLC no. 5450 of patient HC Shyam Lal, proved as
Ex.PW-12/A.
48.1. During his cross-examination by the defence, witness has
deposed that the injured did not tell as to the time at which time
he got the said injury as he did not ask the same from the patient.
He could not assess the duration of injury. He has admitted that
he examined Arvind Sharma @ Pushkar on 07.03.2013 at around
04:40 AM and prepared the MLC No. 5453, proved as
Ex.PW-12/DA, vide which he himself assessed that the injured
was having old reddish bruises over left side of face and right
back of shoulder. He has denied the suggestion that the injury
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State v. Arvind Sharma @ Pushkar
mentioned in MLC at srl. no. 2 was fresh at the time of
examination of Arvind Sharma.
49.PW-14 Dr. Ajay Sharma, Medical Officer, DDU hospital, Delhi
has deposed that he has been deputed by the Medical Supdt. of
DDU hospital to prove the handwriting and signature of Dr.
Debjanee, CMO and Dr.Sudhir, SR (Ortho). Both the doctors
have left the services of the hospital and their present
whereabouts are not available. He had worked with them and
seen them writing and signing in the due course of official duty.
He has further deposed that MLC Ex.PW-12/A bears the
endorsement of Dr. Sudhir encircled in red portion mark X & Y
and portion X bears his initial at point B. Dr. Sudhir had finally
opined the nature of injury as “Grievous” as per Radiology
opinion in red portion Mark X. The back portion of the MLC
Ex.PW-12/A, portion B to B is also in the handwriting of Dr.
Sudhir and same bears his signatures at point C.
49.1. PW-14 Dr. Ajay Sharma has further deposed that the MLC
Ex.PW-12/A was prepared by Dr.Rajeev, SR under the
supervision of Dr. Debjanee, who was then EMO.
49.2. During cross-examination by the defence, PW-14 has
admitted that the MLC Ex.PW-12/A as well as the final opinion
regarding the nature of injury were not prepared in his presence.
Court’s Observation:
50.The testimonies of PW-1 HC Shyam Lal, PW-8 Insp. Arti
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State v. Arvind Sharma @ Pushkar
Sharma, PW-10 ASI Bahadur Sharma and PW-11 SI Rajneesh
Sharma are trustworthy and inspires confidence of this Court and
they cannot be discredited for want of public witnesses. Reliance
is place by this Court upon Judgment of the Hon’ble High Court
of Delhi in Surjeet Munda vs State reported in AIRONLINE
2021 DEL 499, wherein it has observed that :
“The testimony of the official witnesses cannot be thrown
away simply on the ground that IO failed to join public
witnesses. Experience has shown that public witnesses are
reluctant to join the investigation. At the highest, the non
joining of public witness by the IO can only be said to be a
fault on the part of the IO which cannot be the sole basis for
disbelieving the entire case of the prosecution and the
testimony of the believable official witnesses. Conviction
can be recorded on the sole testimony of police officials
without corroboration from a public witness, if it inspires
confidence. In this regard reliance can be placed upon Tahir
Vs. State (1996) 3 SCC 338, in which the Hon’ble Supreme
Court has held as follows:
“no infirmity attaches to the testimony of police
officials, merely because they belong to the police
force and there is no rule of law or evidence which
lays down that conviction cannot be recorded on the
evidence of the police officials, if found reliable,
unless corroborated by some independent evidence.
The Rule of Prudence, however, only requires a more
careful scrutiny of their evidence, since they can be
said to be interested in the result of the caseSC No. 57011/2016 Page 63 of 70
State v. Arvind Sharma @ Pushkar
projected by them. Where the evidence of the police
officials, after careful scrutiny, inspires confidence
and is found to be trustworthy and reliable, it can
form basis of conviction and the absence of some
independent witness of the locality to lend
corroboration to their evidence does not in any way
affect the creditworthiness of the prosecution case.”
51.It is well settled that ocular evidence is considered as the best
form of evidence in a criminal trial, given that it is duly
corroborated by other evidences and there is no reason to doubt it.
It is settled law that testimony of an injured/eye witness stands on
a higher pedestal than any other witness, in as much as, he
sustains injuries in the incident. As such, there is an inbuilt
assurance regarding his presence at the scene of the crime and it
is unlikely that he will allow the real culprit to go scot free and
would falsely implicate any other person. In the case of Abdul
Sayeed v. State of Madhya Pradesh, [(2010) 10 SCC 259] , it was
held by the Hon’ble Supreme Court of India as under:
‘ Where a witness to the occurrence has himself been injured
in the incident, the testimony of such a witness is generally
considered to be very reliable, as he is a witness that comes
with a built−in guarantee of his presence at the scene of the
crime and is unlikely to spare his actual assailant(s) in order
to falsely implicate someone. ‘Convincing evidence is
required to discredit an injured witness.”
SC No. 57011/2016 Page 64 of 70
52. Further, in the case reported as Jarnail Singh & others v. State of
Punjab, (2009) 9 SCC 719, also it was held by the Hon’ble
Supreme Court of India that testimony of an injured witness will
have a special evidentiary status. It was held as under:
‘…..the testimony of the injured witness is accorded a special
status in law. This is as a consequence of the fact that the
injury to the witness is an inbuilt guarantee of his presence at
the scene of the crime and because the witness will not want
to let his actual assailant go unpunished merely to falsely
implicate a third party for the commission of the offence.
Thus, the deposition of the injured witness should be relied
upon unless there are strong grounds for rejection of his
evidence on the basis of major contradictions and
discrepancies therein.’
53. The thrust of arguments of Ld. Defence Counsel is that there are
contradictions in the testimony of material witnesses however,
perusal of record reflects that the said contradictions are minor in
nature which do not go to the root of the matter and does not
wash away the case of the prosecution. Other than these minor
confrontations, the witness has deposed in sequence and in detail
about the entire circumstances and the incident by explaining the
role of each of the member of raiding team and the offence
committed by the accused. At this point, reliance is placed by this
Court upon in case titled as Balu Sudam Khalde & Anr. v. The
State of Maharashtra (2023) 6 S.C.R. 851, wherein after relying
SC No. 57011/2016 Page 65 of 70
State v. Arvind Sharma @ Pushkar
upon the Judgments in cases tiled as Bharwada Bhoginbhai
Hirjibhai v. State of Gujarat 1983 Cri LJ 1096 : (AIR 1983SC 753)
Leela Ram v. State of Haryana AIR 1995 SC 3717 and Tahsildar
Singh v. Stateof UP (AIR 1959 SC 1012), it is held that :
‘……….25. The appreciation of ocular evidence is a hard task.
There is no fixed or straight-jacket formula for appreciation of
the ocular evidence. The judicially evolved principles for
appreciation of ocular evidence in a criminal case can be
enumerated as under:
“I. While appreciating the evidence of a witness, the
approach must be whether the evidence of the witness read
as a whole appears to have a ring of truth. Once that
impression is formed, it is undoubtedly necessary for the
Court to scrutinize the evidence more particularly keeping in
view the deficiencies, drawbacks and infirmities pointed out
in the evidence as a whole and evaluate them to find out
whether it is against the general tenor of the evidence given
by the witness and whether the earlier evaluation of the
evidence is shaken as to render it unworthy of belief.
II. If the Court before whom the witness gives evidence had
the opportunity to form the opinion about the general tenor
of evidence given by the witness, the appellate court which
had not this benefit will have to attach due weight to the
appreciation of evidence by the trial court and unless there
are reasons weighty and formidable it would not be proper to
reject the evidence on the ground of minor variations or
infirmities in the matter of trivial details.
III. When eye-witness is examined at length it is quite
possible for him to make some discrepancies. But courts
should bear in mind that it is only when discrepancies in the
evidence of a witness are so incompatible with the
credibility of his version that the court is justified in
jettisoning his evidence.
IV. Minor discrepancies on trivial matters not touching the
core of the case, hyper technical approach by taking
sentences torn out of context here or there from the
evidence, attaching importance to some technical error
committed by the investigating officer not going to the rootSC No. 57011/2016 Page 66 of 70
State v. Arvind Sharma @ Pushkar
of the matter would not ordinarily permit rejection of the
evidence as a whole.
V. Too serious a view to be adopted on mere variations
falling in the narration of an incident (either as between the
evidence of two witnesses or as between two statements of
the same witness) is an unrealistic approach for judicial
scrutiny.
VI. By and large a witness cannot be expected to possess a
photographic memory and to recall the details of an incident.
It is not as if a video tape is replayed on the mental screen.
VII. Ordinarily it so happens that a witness is overtaken by
events. The witness could not have anticipated the
occurrence which so often has an element of surprise. The
mental faculties therefore cannot be expected to be attuned
to absorb the details.
VIII. The powers of observation differ from person to
person. What one may notice, another may not. An object or
movement might emboss its image on one person’s mind
whereas it might go unnoticed on the part of another.
IX. By and large people cannot accurately recall a
conversation and reproduce the very words used by them or
heard by them. They can only recall the main purport of the
conversation. It is unrealistic to expect a witness to be a
human tape recorder.
X. In regard to exact time of an incident, or the time duration
of an occurrence, usually, people make their estimates by
guess work on the spur of the moment at the time of
interrogation. And one cannot expect people to make very
precise or reliable estimates in such matters. Again, it
depends on the time-sense of individuals which varies from
person to person.
XI. Ordinarily a witness cannot be expected to recall
accurately the sequence of events which take place in rapid
succession or in a short time span. A witness is liable to get
confused, or mixed up when interrogated later on.
XII. A witness, though wholly truthful, is liable to be
overawed by the court atmosphere and the piercing cross
examination by counsel and out of nervousness mix up facts,
get confused regarding sequence of events, or fill up details
from imagination on the spur of the moment. The sub-
conscious mind of the witness sometimes so operates on
account of the fear of looking foolish or being disbelieved
though the witness is giving a truthful and honest account ofSC No. 57011/2016 Page 67 of 70
State v. Arvind Sharma @ Pushkar
the occurrence witnessed by him.
XIII. A former statement though seemingly inconsistent with
the evidence need not necessarily be sufficient to amount to
contradiction. Unless the former statement has the potency
to discredit the later statement, even if the later statement is
at variance with the former to some extent it would not be
helpful to contradict that witness.”
26. When the evidence of an injured eye-witness is to be
appreciated, the under- noted legal principles enunciated by the
Courts are required to be kept in mind:
(a) The presence of an injured eye-witness at the time and
place of the occurrence cannot be doubted unless there are
material contradictions in his deposition.
(b) Unless, it is otherwise established by the evidence, it
must be believed that an injured witness would not allow the
real culprits to escape and falsely implicate the accused.
(c) The evidence of injured witness has greater evidentiary
value and unless compelling reasons exist, their statements
are not to be discarded lightly.
(d) The evidence of injured witness cannot be doubted on
account of some embellishment in natural conduct or minor
contradictions.
(e) If there be any exaggeration or immaterial
embellishments in the evidence of an injured witness, then
such contradiction, exaggeration or embellishment should be
discarded from the evidence of injured, but not the whole
evidence.
(f) The broad substratum of the prosecution version must be
taken into consideration and discrepancies which normally
creep due to loss of memory with passage of time should be
discarded.
27. In assessing the value of the evidence of the eyewitnesses, two
principal considerations are whether, in the circumstances of the
case, it is possible to believe their presence at the scene of
occurrence or in such situations as would make it possible for
them to witness the facts deposed to by them and secondly,
whether there is anything inherently improbable or unreliable in
their evidence. In respect of both these considerations,
circumstances either elicited from those witnesses themselves or
SC No. 57011/2016 Page 68 of 70
State v. Arvind Sharma @ Pushkar
established by other evidence tending to improbabilise their
presence or to discredit the veracity of their statements, will have
a bearing upon the value which a Court would attach to their
evidence. Although in cases where the plea of the accused is a
mere denial, the evidence of the prosecution witnesses has to be
examined on its own merits, where the accused raise a definite
plea or put forward a positive case which is inconsistent with that
of the prosecution, the nature of such plea or case and the
probabilities in respect of it will also have to be taken into
account while assessing the value of the prosecution
evidence……….’.
54.Another thrust of argument of defence counsel is that before the
raid was conducted, the involvement of the present accused in
alleged murder case registered at PS Binda Pur was not verified
by the Incharge of raiding team PW-8 Insp. Arti Sharma.
However, as per record, the secret information received for
apprehending the accused wanted in murder case was recorded
vide DD no.12 dated 06.03.2013, SIT Crime Branch, Sector-18,
Rohini, New Delhi by PW-8 Insp. Arti Sharma which is proved
as Ex.PW-8/A. In her testimony, she has deposed that before
informing her seniors and constituting the raiding team, the fact
of accused being wanted in the said murder case of PS Binda Pur
was duly verified by her.
SC No. 57011/2016 Page 69 of 70
State v. Arvind Sharma @ Pushkar
Conclusion/findings :
55.As in a criminal trial the onus is on the prosecution to establish
the guilt of the accused persons before the Court beyond the
shadow of all reasonable doubts and in the present matter, in
view of above discussions & findings, this Court is of the
considered opinion that prosecution has been able to prove its
case against the present accused Arvind Sharma @ Pushkar
beyond reasonable doubt for the offences under section
Accordingly, accused Arvind Sharma @ Pushkar is held guilty
and convicted of the Charge under Section 307/333/353/186 IPC
and Section 25 Arms Act. He be heard separately on the point of
Sentence.
56.Copy of this Judgment be given to accused free of cost against
receipt. SHEFALI Digitally signed by
SHEFALI BARNALA
BARNALA TANDON
Date: 2025.08.19
TANDON 17:21:14 +0530
ANNOUNCED IN THE OPEN (SHEFALI BARNALA TANDON)
COURT ON: 19.08.2025 ASJ-05 (West), THC, Delhi.
It is certified that this Judgment contains 70 pages and
Digitally signed
each page bears my signatures. SHEFALI by SHEFALI
BARNALA
BARNALA TANDON
TANDON Date: 2025.08.19
17:21:21 +0530
(SHEFALI BARNALA TANDON)
ASJ-05 (West), THC, Delhi
19.08.2025
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State v. Arvind Sharma @ Pushkar