STATE Vs. MOHD ALI

JUDGEMENT

(1.) Mohd. Ali, Mohd. Sitare and Daya Kishan, respondent nos.1, 2 & 6 respectively - are present. Respondent nos.3, 4 & 5 are not present. Notice was published in respect of respondent nos.3&5 as per the previous order. Second respondent is present pursuant to the directions given on the previous date. In these circumstances, service is complete.

(2.) In this petition, the State seeks leave to appeal against the judgment and order passed by the Additional Sessions Judge dated 26.05.2010, acquitting the respondents from the charges punishable under Sections 392/394/395/397/307/412 and 34, IPC.

(3.) The prosecution alleged that in the night intervening 23/24.10.2005, the complainant PW-2, a Security Guard with the Group-4 Security of the Delhi Metro Rail Corporation patrolling its tracks at the Metro Station Kirti Nagar, noticed four boys around 02:30 AM, cutting copper wire which was kept by the side of the track. Upon his questioning them for the identity, the boys claimed to be members of the Metro project staff. PW-2 asked them to produce their identity cards, which they refused. Suspecting them to be thieves, he asked them to leave the spot. He stated that after half an hour, the four boys returned; one was armed with katta, another with a knife, a third with rod and a fourth with saw, used for cutting the wire. One of them abused him saying that now we would show the identity cards and started removing the wire which was cut earlier. When he tried to stop them, the boy armed with katta fired and attempted to take away the wire. He claimed to have been hit on the head with stone by a boy. He fired in the air; the boy placed the katta on him. PW-2 stated that he fired again in defence which hit one of the boys. At this stage, other security guards, (who were joined as witnesses in the investigation and also deposed in the case), reached the spot and witnessed the occurrence. On receiving the shot, the boy died and the others managed to flee with the wire.