The necessity of reliable and cogent evidence, including the importance of conducting Test Identification Parade and the need for corroboration of witness testimony, to justify a conviction.

Sunita Gupta, J.

1. Jagdev Singh, S/o late Sh. Arjun Singh was working as Cashier at Libra Filling Station for the last about 30 years. He used to deposit the earnings of the petrol pump in UCO Bank, Bank Complex, Azadpur, New Subzi Mandi. On 1st December, 2004 at about 10:30AM, he left the petrol pump on his scooter bearing No. DL 4S 1879 for depositing the cash of Rs.5,40,000/-. His associate Hardeep Singh followed him on his own scooter. Due to red light, there was slight difference between them. When he reached near PNB, Main GTK Road, three boys on a motorcycle came and stopped him at the divider of the road. Two boys got down who were armed with revolver and knife. One of the boys armed with knife cut the rope with which he had tied the bag on his scooter. When he resisted, then he was assaulted on his right wrist and left thigh. Thereafter, they took away the bag containing currency notes towards Azadpur. His associate Hardeep Singh followed them but could not succeed. He was removed to Sehgal Nursing Home by the public where he got treatment.

2. On receipt of information from wireless operator, DD No.6A was recorded by PW3-ASI Radha Rani and PW19-SI Anuj Nautiyal was directed to reach the spot at Panchwati Adarsh Nagar, Sehgal Nursing Home. When he reached there, he found injured Jagdev admitted in ICU. Jagdev Singh was declared fit for statement and SI Anuj Nautiyal recorded his statement Ex.PW1/A and got the FIR registered. At the instance of PW4-Hardeep Singh, site plan Ex.PW19/A was prepared. Crime team comprising of PW7-SI Rajesh was called at the spot who prepared the report Ex.PW7/A. Despite making efforts, SI Anuj Nautiyal could not get any clue regarding the assailants.

3. It is further the case of prosecution that on 19th December, 2004, SI Avinash Tyagi along with Constable Arun, Constable Vijay, Constable Naresh and Head Constable Rishi left the office of special staff, North West and at about 11:45 AM on the basis of secret information accused Vijay @ Pahadi was apprehended and on his formal search a country made pistol with two live cartridges were recovered. Separate proceedings in regard to recovery of pistol and cartridges were carried out. Thereafter, investigation was handed over to PW17-Inspector Yugraj Krishnan Bhatia, who arrested the accused in this case vide arrest memo Ex.PW13/C. Pursuant to the disclosure statement, Ex.PW13/F of accused Vijay, police officials along with him went to Sha Alam Bandh, Jahangirpuri where on the pointing out of accused Vijay, Maruti Car bearing No. DL-6C-5643 coming from Azadpur Road side was intercepted. Accused Manoj was driving the car while accused Ram Janam Pandey was sitting beside him. Both the accused were arrested. They made disclosure statement. Pursuant to the disclosure statement made by the accused Ram Janam Pandey, he got recovered one bundle of currency notes having a stamp of Libra Petrol Pump of denomination of Rs.100/- (total 10,000/-) from a box lying in a room of his house No. 719, Gali No. 12 at Jeevan Park, Samaipur Badli. The same was seized vide seizure memo Ex.PW12/D. Accused Manoj also got recovered four bundles of currency notes of denomination of Rs.100/- (total forty thousand) and out of them on three bundles, recovered at the instance of Manoj, there was a stamp of Libra Petrol Pump whereas the 4th bundle was stated to be looted from A-Block, Jahangirpuri. The bundle was seized vide seizure memo Ex.PW13/K. Accused Vijay got recovered six bundles of currency notes of Rs.100/-denomination each, out of which five bundles were having slip and stamp of Libra Filling Station and one was not having any slip and same was stated to be looted at Jahangirpuri which were also seized vide seizure memo Ex.PW13/M. Accused Vijay and Manoj also pointed out the place of incident vide pointing out memo Ex.PW13/N and Ex.PW13/O. Inspector Yugraj Krishnan Bhatia directed the accused Vijay @ Pahadi to muffle his face when he was arrested, thereafter,