A Rohini Sessions Court has acquitted seven accused persons after 11 years in a murder case of a businessman in the Wazirpur industrial area in the national capital.
Additional Sessions Judge Kiran Gupta, in the judgement passed on May 5, said that it is evident that none of the accused persons were arrested from the spot. The accused were arrested in the present case on the basis of their disclosure statements which were recorded during the custody of the police and nothing incriminating has been recovered, so, the disclosure statements of the accused are inadmissible.
After the conclusion of the whole trial proceedings, the Judge said that all the accused persons are acquitted of the charges framed against them.
"The investigating officers have failed to recover the weapon used in the commission of the offence. The weapons recovered during the investigation are not the weapon of offence. The accused persons were neither known to the complainant nor the other witnesses and the witnesses had the occasion to see many of the accused persons for the first time during their testimony in the court after the date of the incident. None of the witnesses had disclosed any distinctive feature of any of the accused persons in their statements," the court noted.
Advocate Ravi Drall appeared for accused Neeraj and Umar Ali and argued that no case is made out against the accused persons as none of the accused persons were arrested at their disclosure statement recorded by police when the accused were already in custody in another case.
There are material contradictions and improvements which surfaced during the cross-examination of the witness. Further the recovery of the weapon shown from the possession of the accused Neeraj didn't match from the bullets found on the spot.
According to the prosecution, in January 2011, the accused persons entered the factory of a businessman and killed the businessman after robbery.
According to the prosecution, on January 29, 2011, all the accused persons in furtherance of criminal conspiracy to commit dacoity entered the factory of the dead person. They all were armed with deadly weapons i.e. country made pistols and knives. While committing robbery in the factory, they committed the murder of the businessman, when he objected to them.
They took the black coloured bag belonging to the dead and one packet of 100 notes from the drawer and left the spot. The FIR was initially lodged under sections 302, 394, 397 and 34 of the Indian Penal Code (IPC) against unknown persons.
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