Dwarka District Court discharged Sandeep alias Kala Jatheri in an attempt to murder case, citing no independent evidence beyond co-accused statements. Charges were framed against 4 others in the case involving firing on a police team.
Dwarka District Court has recently discharged accused Sandeep alias Kala Jatheri in a case of attempt to murder. This case is connected with the firing on a police team, allegedly by two co-accused.
The court framed charges against the other 4 accused in different offences, including attempt to murder, assault on police and the Arms Act. Delhi Police Crime Branch had registered a case in 2023 after the arrest of Vicky and Narender. Other accused were arrested during the investigation. The incident took place on August 5, 2023, in the Bamnoli area.
Court Finds No Prima Facie Case Against Jatheri
Additional Sessions Judge (ASJ) Ravinder Singh discharged Sandeep alias Kala Jatheri after noting that there is no independent evidence except the disclosure statement of other Accused.
"Apparently, mere disclosure statements of co-accused, without recovery or independent corroboration, do not raise any kind of prima facie case against the accused Sandeep alias Kala alias Kala Jatheri which is required for framing charge qua him. Therefore, accused Sandeep is liable to be discharged of the offences alleged in the present case," ASJ Ravinder Singh ordered on September 30.
Charges Framed Against Four Co-accused
However, the court framed charges against 4 other accused, saying there is sufficient material to frame charges against them. The court framed charges against the accused Vicky alias Vira alias Mota and Narender alias Banta for offences punishable under Sections186, 353, 307, 34 of the IPC and Sections 25/27 of the Arms Act. Charges have been framed against the accused Manpreet Golu for offences punishable under Section 25 of the Arms Act. The court has framed charges against the accused Krishan for an offence punishable under Section 25 of the Arms Act only.
Advocate Saatvik represented accused Sandeep, Vicky and Narender. He moved a discharge application for accsued. After considering the application, the court discharged Sandeep alias Kala Jatheri.
While discharging Kala Jatheri, the court said that so far as the accused Sandeep alias Kala Jatheri is concerned, his implication in the present case is based only upon the disclosure statements of co-accused persons to the effect that he was a gang leader and had allegedly instructed them to commit the incident.
"No weapon or ammunition has been recovered from him in this case. Further, no overt act at the spot is attributed to him. Furthermore, no independent witness, electronic evidence, call detail record, intercepted communication or other admissible material has been placed on record to connect him with the present incident or in relation to any conspiracy to commit the said offence," ASJ Singh said.
Details of the Police Encounter
It was the case of the prosecution that at about 12:25 AM, two persons riding on a motorcycle were noticed approaching the barricading point and on being signalled to stop, they allegedly attempted to flee, whereafter they were intercepted.
It was alleged that the pillion rider fired at SI Sachin Gulia with the intention to kill him and that SI Sachin Gulia fired back in self-defence. The rider also attempted to fire towards Constable Dheeraj, but his pistol misfired, whereafter Ct. Dheeraj fired one round in self-defence. The said persons were apprehended on the spot and were revealed to be Vicky alias Vira alias Mota and Narender alias Banta, and two pistols and live cartridges were allegedly recovered from their possession. (ANI)
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