JAMEEL @ KALWA @ NASEEM Vs. STATE

JUDGEMENT

(1.) BRIEFLY stated the facts giving rise to this appeal are that on 10th March 1996 at about 11.45 AM, complainant Ashok Kumar and his brother Subhash were robbed of Rs. 34,800/ - and some valuables, by four armed robbers at Pushta, Basti Moolchand. In the process Subhash was shot in his head and expired. One of the robbers fired at the arm pit of the complainant with a 'katta' and another robber who was subsequently identified as Jameel is stated to have stabbed the driver of the car PW Ajmer Singh with a knife. Thereafter, those robbers escaped in the Maruti car of the complainant bearing No. DL -4C -B -4489. FIR pertaining to the incident was registered at the Police Station Darya Ganj on the complaint of PW -1 Ashok Kumar.

(2.) THE car was recovered abandoned on the next day. Accused Jaipal @ Kabootar was arrested on the basis of a secret information on 15th March 1996. On interrogation, he made a disclosure statement about his involvement in the crime and named Pappu @ Wahab and Gayur as his accomplices. Pursuant to the disclosure statement, accused Jaipal @ Kabootar led the police party to Bhajanpura and got his co -accused Pappu @ Wahab and Gayur arrested.

(3.) ACCUSED Jameel, Nafeez and Meharban could not be traced and arrested as such they were declared proclaimed offenders. After the completion of the investigation, initial charge sheet was filed against accused Furkan, Jaipal @ Kabootar, Pappu @ Wahab and Gayur. In that charge sheet, the appellant, Meharban and Nafeez were shown in the column No. 2 of the charge sheet as proclaimed offenders. Aforesaid case came to an end by judgment dated 5th November 2004 resulting in conviction of Furkan and Pappu @ Wahab and acquittal of Jaipal @ Kabootar and Gayur.