Shiv Kumar @ Bhaggu vs State on 31 May, 2016

2. The sequence of events leading to the registration of FIR
No.118/2011 at PS Subzi Mandi under Sections
307/186/333/353/148/342/440/120-B IPC exhibited as Ex.PW-2/A are that
one FIR No.207/2011 was registered at PS Uttam Nagar under Sections
307/34 and 27 Arms Act wherein Bimla the informant, mother of Ajay @
Ajju suffered a firearm injury on her right thigh. In the said FIR Khalil
Ahmed PW-6 and Akbar Khan PW-7 besides Aftab and Neeraj Gupta were
arrested which led to animosity between appellant Ajay @ Ajju and
witnesses Khalil Ahmed and Akbar Khan, all three of whom were lodged in
Jail. On June 06, 2011 Khalil Ahmed, Akbar Khan and Ajay @ Ajju were
to be produced in Tis-Hazari Court from Tihar jail and Rohini Jail. Thus
they were taken to Tis-Hazari lockup. At around 12.30 PM HC Om Prakash
PW-5 and Constable (in short „Ct.‟) Tej Prakash returned with Ajay @ Ajju
to the lockup after producing him before the Court. As soon as the door of

Crl.A. 489/2015 & conn.matters Page 4 of 25
High Risk kharja was opened, 9-10 Under Trial Prisoners (in short „UTPs‟)
forcibly rushed out of the said kharja. In the meanwhile UTPs, namely,
Gomti @ Manoj (co-accused), Anil (co-accused) and Deepak (co-accused)
also returned to the lockup after attending the proceedings of their respective
cases. Thereafter all of them started yelling that they would kill Khalil
Ahmed PW-6and Akbar Khan PW-7 as they had fired at the mother of Ajay
@ Ajju (co-accused). The accused persons bolted the main entry gate of the
lockup from inside in order to prevent the police officials from entering.
Further, they broke an iron bench which was lying in the lockup and
grabbed the iron pieces of the bench. The accused persons tore the warrants.
They broke open the lock of SAG kharja in which Akbar Khan PW-7was
kept with the iron rods/pieces of the bench. Khalil Ahmed PW-6 was not
present in the said SAG kharja at the said time as he had been taken to
attend the proceedings of the case in which he was arrayed as accused. The
accused persons started beating Akbar Khan PW-7 with the broken iron
rods/pieces of the bench. When Ct. Tej Prakash PW-3 along with other
police officials tried to intervene, co-accused Gomti @ Manoj struck on the
head of Ct. Tej Prakash PW-3.

Source: Indian Kanoon

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