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 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 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 of investigation, chargesheet was filed against the applicant and co-accused persons for commission of offences punishable under Sections 302/201/120B/34 IPC. Thereafter supplementary chargesheet had also been filed against the accused Rajesh.

4. Learned ASJ vide impugned order dated 24.08.2018, discharged the respondent/accused Savinder on the ground that there was no evidence on record to prove his involvement in conspiracy. It is also held by the learned ASJ that merely because the accused was present near the spot and he had disclosed the name of the co-accused, it is not sufficient to infer that he was part of the conspiracy. He was accordingly discharged, whereas rest of the accused persons were charged for offenc