Two absolved of charge of firing at policemen in New Delhi

Terming the testimonies of policemen as "neither trustworthy nor convincing", a Delhi court has acquitted two persons of charges of attempting to kill the policemen.
   
"The sanction contemplated under Arms Act has not been proved in accordance of provision of law. Therefore, the depositions of police officials are neither trustworthy nor cogent nor believable," additional sessions judge SK Gautam said.

Kishan Rathi alias Billu and Kul Mohan Lambu, alleged members of notorious Sunil Rathi gang, were charged under the provisions of the IPC and the Arms Act, dealing with attempt to murder by using an illegal firearm and obstructing public servants in discharge of their duties.

The accused, on the night of June 30, 2006, had allegedly fired at the police party headed by sub-inspector Bhaghwati Parsad when they were about to be arrested at Timarpur in north Delhi. Police said they had apprehended them following a tip-off.

Suspecting police records such as seizure memo, arrest memo and personal search memo, the court said "they were in same ink and handwriting and in the same flow which indicated that these documents were prepared at the same time."

"The prosecution has not given any explanation as to under what circumstances number of the FIR appeared on the top of these documents. This give rise to two inferences that either the FIR was registered prior to alleged recovery or number of the FIR was inserted in these documents after registration of the FIR.
   
"In both the situation, the said circumstances rob the efficacy of the statement of police witnesses," the court said.

It also belied the prosecution story that two shots were fired by the accused and in retaliation police did not fire even a single shot, saying "the story cooked up by the prosecution seems to be improbable."
    
It also took strong exception to the fact that no independent witness was asked to join.