(1.) The present appeal has been filed seeking to set aside the judgment and order dated 19th October, 1993 passed by learned Additional Sessions Judge, Delhi Mr. Kuldeep Singh arising out of FIR No. 42/1988 registered with PS Hauz Quazi, Delhi.
(2.) Relevant facts of this case are that on 21st February, 1988 at about 2 pm when SHO Mr. Ram Singh Chauhan PW-3 along with ASI Ajit Singh, Investigating Officer PW-8 were on patrolling duty, they received secret information that a sardar carrying smack wearing a black coloured turban and coca cola coloured jersey, would come from Jama Masjid's side and proceed towards Farash Khana.
(3.) At about 2.20 pm a raiding party was formed and a nakabandi of the area was carried out. The prosecution's version is that a number of passersby were asked to join the raiding party as independent witnesses, but as the shops in the area were closed on account of holiday only Mr. Gopal Singh PW-4, a TSR Driver agreed to join the raiding party.
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