Gurgaon: Two criminals accused of firing at a police team paid by Gurgaon Court as the prosecution failed to prove the case. The court found gaps in the police theory and the documents they produced. Both accused were acquitted of all charges against them and the court ordered the police to release them.
The complainant, SI Sultan Singh, said that he and his team, present at Basai Chowk flyover near Dwarka Expressway, received information on January 15, 2019 about two habitual criminals — Chand Ram and Vikas — heading towards Pataudi on a bike without registration numbers with an illegal weapon.
“I set up a check post. When I saw the bike, I signaled to him to stop. The rider opened fire on me, but I narrowly escaped. In retaliation, I fired in the air, which caused the bike to lose balance, and the two men fell. They were apprehended and a gun was recovered,” Singh said in his complaint.
A case was registered against the two men on January 15, 2019, under sections 307, 353, 476, 482, 186 and 34 of the IPC and section 25 of the Arms Act.
Prosecutor Ashok Kumar said the forensic report of the recovered weapon proved that the accused opened fire on the police and tried to injure the policemen and discourage them from performing their official duties.
Prashant Yadav, counsel for the accused, argued that the accused have been falsely implicated in the case and have not committed any crime. He submitted that the accused were arrested under the suspicion and prior enmity of the complainant with the accused.
Additional Sessions Judge Virender Malik in his October 19 order pointed out that the complainant is also the first investigating officer in the case as well as a witness. “The complainant should not himself investigate the case against the accused as he might be prejudiced against the accused,” the court said.
The court pointed out procedural loopholes and said the FIR number was already mentioned in the recovery memo, which is prepared after a weapon is recovered. He added that other documents were prepared before the FIR was registered. “This fact also casts doubt on the prosecution story,” the court said.
Neither the bullet allegedly fired by the accused hit anything nor was it recovered. The court also questioned why the accused did not have even a scratch if they fell off the bike.
“The prosecution story is highly questionable. It is obvious that there is no reliable evidence to show that the accused fired at the police party,” the court said.
The court observed that the prosecution failed to prove the case and on the benefit of doubt, the accused were acquitted of the charges leveled against them. Vikas was on bail while Chand Ram was in custody at the time of trial.