Court discharges seven accused of firing on two jewellery shops in Najafgarh

New Delhi [India], April 8 : Delhi's Dwarka Court has discharged seven members of Lawrence Bishnoi-Kala Jatheri Gang who were accused of firing on two jewellery shops including PC jewellers in Najafgarh in a bid to extortion in 2020.
The Court discharged the accused persons could not be identified by the witnesses as they were wearing masks at the time of firing. The witness said that they cannot identify the accused persons as they were wearing masks.
Chief Metropolitan Magistrate Rajat Goyal of Dwarka court discharged seven accused namely Parvinder alias Buttu, Vikas alias Diljale, Brijesh,
Manjeet Panghal, Naresh Yadav alias Sethi, Rishi Raj alias Sonu alias Lambu and Harish.
"Thus, there is no material to justify framing of charge against accused persons," CMM Goyal said in the order passed on April 6.
The seven persons were accused in two FIRs related to alleged incident of Firing on two jwellery shops in Nahargarh area.
While discharging the accused persons the court pointed out major lapses in investigation by the Delhi Police and said, "Matter cannot be kept pending indefinitely in the hope that investigating agency will awake from its slumber and take steps to collect reliable evidence."
As per prosecution, masked assailant fired two rounds on shops of PC Jewellers and Gehna Jewellers on June 23, 2020.
One of the assailants threw a paper slip at the counter of PC Jewellers threatening the owner that the next bullet would be fired on his chest. The paper slip was written by the Lawrence Bishnoi-Kala Jatheri group, the Prosecution said.
Delhi police had filed charge sheets in August 2020. "Even after expiry of more than three years, no steps have been taken by either the prosecution or by the investigating agency to take handwriting samples of any of the accused persons," the court noted.
"Matter cannot be kept pending indefinitely in the hope that the investigating agency will awake from its slumber and take steps to collect reliable evidence. Thus, there is nothing to even prima facie suggest that the said chit was written by or under the instructions of any of the accused persons," the Chief Metropolitan Magistrate said.
It was stated by the prosecution witness Subodh Kumar that around 15 minutes before the said incident, two persons on one motorcycle and
three persons in one Honda Amaze car were pointing out towards the shop of PC Jewellers and that upon checking CCTV footage, he can say that person who had fired on the shop of PC Jewellers is the same person who had fired on the shop of Gehna Jewellers.
"However, admittedly, all the said persons on the bike and in the Honda Amaze car were wearing masks on their face and it was stated by witness Subodh Kumar that he cannot identify any of the said persons," the court noted in the order.
The car was recovered from the possession of accused Parvinder, while the bike was seized from another accused Harish and it shows complicity in commission of offence, the additional public prosecutor said.
The CMM said, "However, I do not find myself to be in agreement with his submissions. Merely because persons in Honda Amaze car were pointing out towards the shop of PC Jewellers, it cannot be said that they were involved in the incident in question."
The court also noted that All the other accused persons have been charge-sheeted merely on the basis of disclosure statements, either of themselves or of other co-accused.
"However, the said disclosures statements have no evidentiary value as no recovery is stated to have been made in pursuance of the same," the court said.
Advocate Deepak Sharma, counsel for accused Naresh Yadav and Manjeet Panghal argued that there is no incriminating material against the accused persons. They have been charged sheeted on the basis of disclosure statement of each other.
"There in no material to come to the conclusion that there is any definite connection between person who had carried out firing in question and persons on motorcycle or in Honda Amaze car," the court held.