He also recorded the statement of Sanjiv Sharma, P.W. 10, who voluntarily came to the police station to give a statement as he claimed to be an eye witness.
As they were passing through Dahiya X ray Wali Gali, a motor cycle came from the rear with three persons riding on it.
4 lakhs so that the same companyld be paid off to Sanjiv Kumar.
1547 of 2010 partly, as they had been declared hostile and further observing that the post mortem report indicated the presence of a fire arm injury and the pistol which had been recovered at the instance of the appellant Surender Babli which matched the spent bullet recovered from the dead body on the 8th of February, 2001 were circumstances which involved all the three accused in the incident.
1547 of 2010 assailants i.e. Mukesh and Manjit and appellant Surender was virtually identical.
On the basis of the information companyveyed to the police station a First Information Report against unidentified persons was recorded in Police Station Narela by ASI Jagir Singh, P.W. 1.
Sanjeev Kumar deceased came to the premises of M s Manoharlal Laxman Dass, Old Anaj Mandi, Narela and asked for payments due to him from the owner.
The third person also took out a pistol but it fell on the ground.
The motor Crl.a No.
Anil Sharma, accordingly, accompanied by Sanjiv Sharma P.W. 10 left on a two wheeler for the State Bank of Indore and withdrew Rs.
1547 of 2010 cycle came to the right side of the scooter and one of the three persons tried to snatch the bag companytaining the money from the hands of P.W. 10 with the result that P.W. 6 lost balance and the scooter fell on its side.
The trial companyrt relied on the evidence of W. 6 Anil Sharma and P.W. 10 Sanjiv Sharma, only Crl.a No.
The three accused who had been arrested during the companyrse of the investigation, were brought to trial for offences punishable under Sections 393,398 and 302/34 of the Indian Penal Code and under Section 27 of the Arms Act against accused Mukesh and under Section 25 of the Arms Act against Surender Babli and Manjit Singh accused.
On the 8th February, 2001 at about 1245p.m.,
One of the three persons again tried to snatch the bag from Sanjiv Kumar and when he resisted he fired a shot at Sanjiv Kumar which struck him in his chest killing him instantaneously.
4 lakhs and after putting the currency in a bag left for their own shop.
The Head Muneem, Shyam Lal, asked P.W. 6 Anil Sharma, another Muneem, to go to the State Bank of Indore, Narela where they had an account to withdraw Rs.
It is in this situation that the matter is before us after the grant of special leave.
The three assailants then got on to the motor cycle and made good their escape.
The matter was thereafter taken in appeal before the High Court.
