NEUTRAL CITATION NO. 2023/DHC/001669

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on:10.02.2023

Pronounced on: 06.03.2023

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CRL.REV.P. 928/2018

STATE

..... Petitioner

Through:

Mr. Manoj Pant, APP for State.

versus

SAVINDER @ PAGAL

..... Respondent

Through:

Mr.

Varun

Dev

Mishra,

Advocate (through VC)

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

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1.

The instant criminal revision petition has been filed under

Section 397 and 401 read with Section 482 of the Code of Criminal

Procedure, 1973 („Cr.P.C.‟) by the petitioner against order dated

24.08.2018 passed by learned Additional Sessions Judge (ASJ)

(North), Rohini Court, New Delhi in FIR bearing No. 834/2017

registered at Police Station Narela, Delhi („PS‟) for offences

punishable under Sections 307/34 of the Indian Penal Code, 1860

(„IPC‟) and Sections 27/54/59 Arms Act, 1959 vide which he was

pleased to discharge accused Savinder for offences punishable under

Sections 120B IPC.

2.

Brief facts of the present case are that on 30.10.2017, upon

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:07.03.2023

18:47:59

Signature Not Verified

NEUTRAL CITATION NO. 2023/DHC/001669

receipt of PCR call, police had reached at the spot and recorded the

statement of the complainant i.e. Vijay,who had stated that on

30.10.2017 at about 9:00PM,while hewas standing outside his house,

suddenly accused Rajesh along with two other companions came there

on a Scooty and had stopped few blocks away from his house, in the

meanwhile his younger brother Ajay (deceased)was approaching

towards the house on another Scooty. It is alleged that as soon as Ajay

reached near the house, accused Rajesh and his two other companions

stopped him abruptly and had started firing indiscriminately.

Thereafter, the accused persons absconded from the spot. Upon

investigating the spot, crime team had found nine used cartridges, four

lead and one live cartridge and all of them contained a mark i.e., KF

7.65 on the base, the same had been seized by the investigating officer

(„IO‟) and on the basis of the statement of complainant regarding

murder of his brother, the present FIR had been registered.

3.

During investigation, Scooty i.e., TVS Jupiter, Grey colored

bearing No. DL-11SK-6031 had been seized. It is stated that with the

help of complainant, respondent/accused Savinder was arrested.

Further search was conducted for other co-accused persons but they

could not be traced, as a result, on 08.11.2017, NBWs were issued

against other co-accused persons Rajesh, Yogesh, Yudhvir @ Kalu.

The CCTV footage of the incident had been examined and it revealed

that on 30.10.2017, at about 6:00 PM, accused Yogesh @ Sonu and

Rajesh were exchanging pistol with each other. On 24.11.2017, an

information was received that injured Ajay expired during treatment.

The dead body of the deceased was received from Max Hospital and

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:07.03.2023

18:47:59

Signature Not Verified

NEUTRAL CITATION NO. 2023/DHC/001669

the doctors had taken out three bullets from the body of deceased

during operation. It is stated that during investigation, upon the

disclosure statement given by the respondent/accused he had revealed

and identified the other co- accused Rajesh, and Yogesh @ Sonu, that

they were of his town and that other co-accused Yudhvir @ Kala had

been in judicial custody in regards to FIR bearing No. 825/17, dated

17.11.2017 for offence punishable under Sections 25/54/59 Arms Act,

and one desi katta (Gun) and one pistol had been recovered from his

possession. On 14.12.2017, accused Yudhvir @ Kala was produced

before the Court through production warrant, who was arrested after

interrogation he had further disclosed that the pistol recovered from

him at PS Shahabadhad been used by him in the present incident

wherein he along with his companions had shot the deceased.After

completion