ADHIVAKTA PARISHAD, DELHI PRANT

STATE
VS
SUMIT KHANNA & ANR.
Case No. 524/2024
District - South P.S. – Vasant Vihar Year - 2024
Crime No. 101 Date - 06/10/2024

Bharatiya Nyaya Sanhita, 2023 103

Bharatiya Nyaya Sanhita, 2023 351
Bharatiya Nyaya Sanhita, 2023 61 (2)
Arms Act, 1959 7
Arms Act, 1959 27(3)

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INDEX
Sr. No. PARTICULARS PAGE NO.

1. STATEMENT OF FACTS 3-4

2. FIR 5-8

3. CHARGE SHEET 9-12

4. POST MORTEM REPORT 13-18

5. CHEMICAL ANALYSER REPORT 19-22

DATED 10/01/2024
6. CHEMICAL ANALYSER REPORT 23-25
DATED 12/01/2024
7. PICTURES OF THE CRIME SCENE 26-29

8. SITE MAP/ PLAN 30

9. SEIZURE MEMO OF A GUN 31

10. STATEMENT OF WITNESSES 32-33

11. DEFENCE WITNESS STATEMENT 34-35

12. JUDGEMENT 36-42

13. CLARIFICATIONS 43

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STATEMENT OF FACTS

1. On 06/10/2024, at Plot no. 99 HB estate, Vasant Vihar,

New Delhi. Mr. Mahesh Kumar (deceased) was levelling the land,
with the help of a JCB bearing No. DL-11- SR- 0797. That, the said
land is owned by the brother of accused no.1 namely Mr. Tanmay
Khanna (accused no.2) and the accused no.2 had entered into a
land development agreement with the complainant i.e. Mr.
Naresh Kumar Gupta. Mr. Naresh Kumar Gupta is the builder and
it is since last 2 years, he was carrying out the work at Vasant
Vihar.

2. The accused n o . 1 namely Mr. Sumit Khanna on

06/10/2024, at around 12 noon came to the said land and
threatened the complainant by pointing gun at him. Thereafter,
Mr. Sumit Khanna pointed the gun at JCB driver Mr. Mahesh
Kumar and fired a bullet at him with his pistol gun which hit the
driver on his head. The deceased got a fire arm injury on his
forehead. The case of the prosecution is that the accused
murdered the JCB driver. It is on that pretext Offence came to
be registered under Section 103, 351 and 61 (2) of BNS and under
Section 7, 27(3) of the Arms Act, against the accused(s) on the
basis of report lodged by the complainant.

3. The police machinery reached the spot and consequently the

panchnama was prepared, the statements of eye witnesses were
recorded and the items seized were sent for chemical analysis. The
deceased was immediately sent to the hospital and after some time
it was informed that the deceased has succumbed to the injury. The
accused no. 1 was present at the spot with the revolver and was
arrested at the spot where the incident took place. The post-mortem

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report disclosed the cause of death as being caused due to fire
arm injury.
4. The basis for the case of the prosecution is that the accused
persons had the intention to kill the deceased, it is a specific case
of the Prosecution that the accused(s) had the requisite mens rea
which led to the murder of the deceased. It is the defence of the
accused that there was some prior litigation, which was pending
in respect of the site where the incident took place and also the
intention to kill was missing as according to the accused no.1
s i n c e the deceased moved the JCB machine towards him and he
feared for his life, and to protect his life, when he was moving back
he lost his balance and which triggered the firing. Accused no. 1
didn’t know the deceased before this prior incidence and accused
has no other intention to harm such a serious injury.

5. The investigation came to be completed and charge-sheet

came to be filed in the Court of Chief Judicial Magistrate, South,
Saket, New Delhi. The court of Chief Judicial Magistrate, South,
Saket, New Delhi committed the case to Sessions Court for trial as
the offence punishable under Section 103 of BNS is exclusively
triable by the Court of Sessions.

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FIRST INFORMATION REPORT

(Under Section 173 BNSS)

1. District - South P.S. – Vasant Vihar Year - 2024

Crime No. 101 Date - 06/10/2024

2. Sr. No Acts Sections

1 Bharatiya Nyaya Sanhita, 103
2023
2 Bharatiya Nyaya Sanhita, 351
2023
3 Bharatiya Nyaya Sanhita 61 (2)
4 Arms Act, 1959 7
5 Arms Act, 1959 27(3)

3.(a) Occurrence of Offence:

Day: Sunday Date from: Date To:

06/10/2024 06/10/2024
Time Period: Time from: 12:45 Time To:

(b) Information received at P.S.

Date : 06/10/2024 Time : 3:00 p.m

(c) General Diary Reference :

Entry No. : 15 Time : 3:00 p.m

4. Type of Information : Oral

5. Place of Occurrence:
(a) Direction & Distance from P.S. : 4 km in the south
Beat No.:

(b) Address : Plot No. 99, HB Estate, Vasant Vihar, New Delhi

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(c) In case, outside the limit of this Police Station,

then: Name of P.S.: Vasant Vihar, District (State):

South (New Delhi)

6. Complainant/Informant :
(a) Name : Naresh Kumar Gupta s/o Ram C h a r an G u pta
(b) Father’s Name : Ram Charan Gupta

(c) Date/Year of Birth : 14/05/1980

(d) Nationality : Indian
(e) UID No.:
(f) Passport
No.: Date
of Issue:
Place of
Issue:

(g) Occupation:
(h) Address:
Sr. Address Address
No. Type
1. Present Plot 50, Vasant Kunj, New Delhi
Address

(i) Phone number : Mobile : 9997000000

7. Details of known/suspected/unknown accused with
full particulars

S.No. Name Alias Relative's Address

Name
1. Sumit - Plot 71, Naraina
Khanna Vihar, New Delhi
2. Tanmay - Plot No. 35, Naraina
Khanna Vihar, New Delhi

8. Reasons for delay in reporting by

the complainant/Informant:

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9. Particulars of properties of interest:

S.No. Property Type Sub Type Value (in Rs.)

10. Total value of property stolen (In Rs/-):

11. Inquest Report/U.D. Case No. if any:

S. No. UIDB Number :

12. First Information contents: Description : On

06/10/2024, at Plot no. 99 HB estate, Vasant Vihar, New Delhi,
Mr. Mahesh Kumar was levelling the land, with the help of a JCB
bearing No. DL-11- SR- 0797. The said land is owned by the
brother of accused no. 1 namely Mr. Tanmay Khanna (accused
no.2) and the accused no. 2 had entered into a land development
agreement with the complainant Mr. Naresh Kumar Gupta. On
06/10/2024, the accused n o . 1 came to the said land at
around 12:45 p.m. and threatened the complainant by pointing
gun at him. Thereafter, Mr. Sumit Khanna pointed the gun at JCB
driver Mr. Mahesh Kumar and fired a bullet at him with his pistol
gun which hit the driver on his head due to which the driver died.
The accused no. 1 murdered the JCB driver. Offence under
Section 103, 351 and 61 (2) of BNS and under Section 7, 27(3) of
the Arms Act, is registered against the accused(s) on the basis of
report lodged by the complainant.

13. Action taken : Since, the above information reveals

commission of offence(s) u/s. as mentioned at Item No.

(1) Registered the case and took up the

investigation: or:

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(2) Directed (Name of I.O.) : Dilshaan Singh
Rank : SI (Sub-Inspector)
No. : 812292541
to take up the
Investigation or
(3) Refused investigation due to:
or
(4) Transferred to P.S.
(5) District On point of jurisdiction

F.I.R. read over to the complainant / informant, admitted

to be correctly recorded and a copy given to the
complainant/informant free of cost. R.O.A.C.

14. Signature/Thumb impression of the complainant/informant

15. Date and time of dispatch to the court: 07/10/2024

Signature of Officer in charge,

Police Station

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FINAL CHARGESHEET
IN THE COURT OF THE SESSIONS COURT, SOUTH DISTRICT,
SAKET COURTS, NEW DELHI
Case No. 524 of 2024
Charge sheet U/s 193 BNSS

P.S. Vasant Vihar

Dt. 03/01/2025

Complainant : Naresh Kumar Gupta

Accused : Sumit Khanna Accused No. 1 and Tanmay Khanna Accused No.2

Brief facts of the case:

The complaint was filed by the complainant before the

Vasant Vihar P.S., South District, New Delhi. He is a partner in a
partnership firm named and styled as VSJ Associates, which deals
in the business of developing lands, having its registered office
at Shivaji Nagar, New Delhi. Mr. Harshwardhan Gupta is also a
partner in the said partnership firm.

They had entered into a land development agreement with

Mr. Tanmay Khanna accused no.2 , R/o. Plot No 35, Naraina Vihar,
New Delhi, for the purpose of developing a land bearing Khasara
No.60/3 belonging to said Mr. Tanmay Khanna and accordingly
they are constructing apartment/flat scheme named and styled
as Rakul Apartments on the said land since last two years. During
these two years, the younger brother of Mr. Tanmay Khanna i.e
Mr. Sumit Khanna accused no.1, used to visit the said
construction site and used to abuse the employees of the
complainant company stating that the said land belongs to him
and his family and only he will develop the said land as he is also
a builder, and he also threatened the complainant and his partner

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that, “if you don't stop the work then you will have to face dire
consequences.” The said Mr. Sumit Khanna has also mounted a
board, on the said construction site which misled the consumers.
Further, on 12/09/2024 complainant entered into a land
development agreement, regarding the land adjacent to the
above- mentioned land, with Mr. Tanmay Khanna and
accordingly started cleaning and levelling the said land. That, for
the purpose of levelling the said land, complainant had rented a
JCB from Mr. Ishmeet Dalal, but Mr. Sumit Khanna created an
obstruction by illegally fencing on the approach road and
prevented the complainant from going to the construction site.
He also threatened complainant and his partner by saying that
“He will see from which road the material will be taken. Sab kuch
aag laga dunga, chati ka doodh yaad aajayega” Thus, through Mr.
Tanmay Khanna, complainant approached his sister namely Mrs.
Supriya Grover, who also owns a land adjacent to the
construction site and took her permission to use her land for the
purpose of going to the construction site. For the purpose of
levelling the land on the said construction site, today complainant
had brought the JCB. But, being unaware about the conspiracy done by
the accused no. 2 Mr. Tanmay Khanna. After this incident happened
complainant came to know about the bad intensions of both the brothers.

Today, on 06/10/2024 at about 12:00 noon, when

complainant reached at the construction site, Mr. Mahesh
Kumar was already present there along with a JCB bearing no.
DL-11- SR- 0797. First, they levelled a space for the road on the
land of Mrs Supriya Grover and thereafter they started
levelling the land on the construction site, at that time Mr
Prateek Shah and Mr. Kunal Bhatt who are the engineers and
supervisor of their company respectively. That, at around

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12:30pm, Mr. Sumit Khanna came there and created ruckus.
Complainant along with said engineers and supervisor of his
company approached Mr. Sumit Khanna and asked him to
speak to his brother and sister as they have permitted them for
carrying out the construction work on the said land. At that time,
accused no. 1 pulled out a gun from his waist and pointed it at
complainant and he threatened the complainant to kill if they
do not stop the work and vacate the said land. Thereafter,
accused no. 1 pointed his gun at JCB driver and asked him to
turn off the engine of JCB and thereafter within a fraction of a
second, Mr Sumit Khanna fired a bullet at Mr. Mahesh Kumar
from the distance of about 5 feet from the front side of JCB.
Immediately thereafter, complainant along with the other
people present at the site ran towards JCB to save Mr. Mahesh
Kumar. They pulled his wounded body out of the cabin of JCB
and sent him to the Safdarjung Hospital along with Mr. Vijay
Kumar in Scorpio Car and rest of them stayed at the place of
incident. Mr. Sumit Khanna was also standing there.

Thereafter, complainant called at P.S. Vasant Vihar, and

informed him about the said incident. Thereafter, within 10
minutes, police staff reached there and arrested Mr Sumit
Khanna and also, confiscated his gun. Later on, police has also
arrested the Tanmay Khanna accused no.2 from his home on
the after registering an FIR

Mr. Sumit Khanna had disputes in respect of the said land

with his brother. Mr. Sumit Khanna did not give the said land to
Mr. Naresh Kumar Gupta for development and thus, resentfully
he pointed gun at complainant and threatened the complainant
to kill and thereafter pointed the gun at JCB driver Mr. Mahesh

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Kumar and killed him by firing a bullet at his head.

Before : PS
Signature
Sd/-

That, today on Dt.06/10/2024, at around 15:00 hours, duty

officer, Dilshaan Singh, PS Vasant Vihar, registered offence
under Section
61 (2), 103 and 351 of Bharatiya Nayay Sanhita and under section
7, 27(3) of the Arms Act against the accused on the basis of the
above complaint filed by the complainant.

Witness List :

1. Naresh Kumar Gupta – Complainant

2. Prateek – Eye Witness
3. Shakti Singh – Post Mortem Officer
4. Dilshaan Singh – Investigating Officer

Documents Relied Upon

1. FIR
2. Seizure Memo
3. Chemical Analyser Report dated 10/01/2024 and 12/01/2024
4. Site Map
5. Crime Scene Pictures
6. Gun Picture

Final Charges against Accused

1. Section 61(2) BNS
2. Section 103 BNS
3. Section 351 BNS
4. Section 7 Arms Act
5. Section 27 (3) Arms Act

Status of Accused :
The accused no. 1, Sumit Khanna was arrested on 06.10.2024 and was

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remanded to Judicial custody. The accused no. 2 Tanmay Khanna was arrested
on 07.10.2024. Both the accused’s application for bail was rejected by the court
and they continues to remain in custody awaiting trial.

Prayer:

Since , sufficient material exists against the accused no.1 and 2 for commission
of the above offences , this Hon’ble court may kindly take cognizance and
proceed to frame charges for trial.

Submitted by : SI Dilshaan Singh

PS : Vasant Vihar
Dated : 03.01.2025

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POST MORTEM REPORT

Memorandum of a post-mortem examination held at
S a fdarjung Hospital, New Delhi
On the body of: Mr. Mahesh Kumar District : South, New Delhi

A. GENERAL PARTICULARS
1. (a) By whom was the corpus Police Station Vasant Vihar
brought?

(b) Name of the place from Vasant Vihar

which sent

(c) Distance of place from

which sent 6 Kms.

2. By whom identified? Mr. Naresh Kumar Gupta

06/10/2024 at about 1:30 p.m.

3. The date, hour and minute
when received?

(a) The date, hour and minute 06/10/2024 at about 1.40 p.m.
of conducting Post-Mortem
examination.

(b) The date hour and minute

of ending Post-Mortem 06/10/2024 at about 3.30 p.m.
examination.

4. Substance of accompanying Date of death – 06/10/2024 at

Report from Police Officer Or
Magistrate, together with The about 1.10 p.m.
date of death if known
Supposed cause of death or
reason for examination.
Due to firearm injury on the
Cause of death head.

B. External Examination
Male, 32 years
5. Sex apparent age

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Description of clothes and Jeans and T-shirt

ornament on the body

6. Condition of clothes
Whether wet with water,
stained with blood or so lad Stained with blood
with vomit.

7. Special marks on the skin such

as scars, tattoo etc. Any
information or other marks of
identification State of teeth In
newly born infants the length
and (if possible)the weight of Scars on forehead
the hair, nails and ambalical
cord its length whether placenta
is attached or not, is present its
size and conditions.

8. CONDITION OF BODY

Whether well nourished thin,

emocoited, warm or cold.
Moderately Built
9. Rigor Mortis well marked, slight
or absent, whether present in
the whole body or part only. Rigors Mortis present all over
the body
10. Extent and signs of
decomposition presence Post-
Mortem liquidity of buttocks
joins back and thighs on any
other part. No signs of decomposition.

11. Feature, whether swollen,

state of eyes position of tongue
nature or fluid if any
oozing from mouth, nostrils or
ear. NA

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12. Condition of skin marks of NA
blood etc. In suspected
drowning the presence

13. Injuries to external genitals

indication of purging No Injury

14. Position of limbs especially of

arms and of fingers in suspected
drowning the presence or
absence of sand or earth within
the nails or on the skin of hands
and feet.

15. Surface wounds and injuries

their nature position
dimensions (measured) and
directions to be accurately Fire Arm Injury
stated their probable age and
causes to be noted.

16. Other injuries discovered by

external examination or
palpation, such as fractures
a. Can you say definitely the
injuries shown against serial Yes, ante mortem
no. 15 and 16 are ante mortem
injuries.

C. Internal Examination

17. Head
(i) Injuries under the
scalp, their nature Yes

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(ii) Skull -Vault
Base describe fractures theirs N/A
dimensions, directions etc.

(iii) Brain: The appearance of its

recovering Size weight and
general condition of the Organ N/A
itself and any abnormality
founding its examination to be
carefully noted.

18. Thorax- Intact

(a) Wall, ribs cartilages

(b) Plevao
Intact
(c) Larynx Traches and Intact
Bronchi
Intact
(d) Right lung
Intact
(e) Left lung Intact

(f) Pericardium Intact

Intact
(g) Heart with Weight
Intact
(h) Large Vessels

Additional Remarks

19. Abdomen :
Intact
Walls Intact
Perioneum Cavity Intact

Buccal Cavity Intact

Intact
Teeth, tongue and pharynx

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Oesophagus

Stomach and its contents

particle present Small Intact
intestine and its contents

Large intestine and its

contents Intact

Liver (with weight) and gall

bladder Intact

Pancreas and Suprarenal

Intact
Spleen with weight

Kidneys with weight Intact

Bladder
NIL
Organs of generation

Additional remarks with where

possible medical officer’s
deduction from the state of
contents of stomach as to the
time of death and last meal. NIL

State which viscera ( if and )

have been retention and also
quote the numbers on the bottle Due to fire arm injury on head.
containing the same

20. Spine and Spinal Cord

Opinion as of the cause
Probable cause of death

Date: Sd/-
Place: Safdarjung Hospital, New Delhi (Signature)
Forwarded to Police Sub-Inspector, Police Station, Vasant
Vihar For information with reference to his No.
2. Viscera has been preserved it may please be stated
immediately whether examination by the chemical analyzer is
necessary or to be destroyed.

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Viscera not present, blood samples and chemical analysis

Sd/-
Shakti Singh
Civil Surgeon or
MMS Officer

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CHEMICAL ANALYZER REPORT DATED: 10/10/2024

REGIONAL FORENSIC SCIENCE
LABORATORY, HOME DEPARTMENT,
ROHINI SECTOR 14,
NEW DELHI

TEL NO.XXXX FAX NO. XXXX

EXAMINATION REPORT

M.L. Case No. BLn 150/24 Vide

BLn 149/20, BLn 151/24
No. N(T) 1287/24
Date:10/ 10/2024
Total number of pages: 4
To,

The Senior Police

Inspector, Dept. of
Forensic Medicine, Home
Department, Rohini
Sector- 14, New Delhi.

1) Ref. No.303/24 Date: 06/10/2024

2) No. of Exhibit received: Four P.S. Vasant Vihar, Dist. S o u t h
u/s 61( 2), 103 and 351 BNS
r/w 27(3),7 Arms Act.
3) C.R.No. 101/24
4) Mode of receipt: By P.C. No. Date of receipt :-

5) Conditions of parcel(s)/ Seals(s)

-----Three sealed envelopes, one sealed plastic jar, two sealed
small plastic jars and three sealed parcels, seals intact and
as per copy sent--

6) Description of articles contained in parcel:

Exhibit No.1: - One six chambered 32” revolver having

body no. NP A-3044/ 05 and markings NP MPF 32” MK-1
put in a plastic jar marked Ex. No. 8.
Exhibit No.2: - Three intact KF. 32” S&WL revolver

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cartridges put in a small plastic jar marked Ex. No. 9.
Exhibit No. 3: - One KF.32” S&WL revolver empty having
indentation on the cap put in a small plastic jar marked
Exh. No.10.
Exhibit No. 4: - One glass sheet of size 103 cm X 78 cm
wrapped in paper marked Exh. No. 11.
Exhibit No. 5:- Earth in polythene put in an envelope
marked Exh. No. 1.
Exhibit No. 6:- Earth in polythene put in an envelope
marked Exh. No. 2.
Exhibit No. 7:- Cotton swab in polythene put in an
envelope marked Exh. No. 3.
Exhibit No. 8:- Full open shirt.
Exhibit No. 9:- Full pant with leather belt.
Exhibit No. 10:- Vest.
Exhibit No. 11:- Underwear.

(Exhibit 8 to exhibit 11 together wrapped in paper

marked Exh. No.-4)
Exhibit No. 12:- Half bush shirt.
Exhibit No. 13:- Full Pant.
(Exhibit 12 and exhibit 13 together wrapped in paper
marked Exh. No.-5)
(Exhibit 1 to exhibit 13 also having labelled at Vasant Vihar
Police Station, C.R. No. 101/24 u/s 103, 351 of BNS r/w 3/27
Arms Act. Etc.)

RESULTS OF ANALYSIS

Exhibit 1 is a six chambered 32” caliber revolver in working

conditions. Residue of fired ammunition-nitrite was detected in the
barrel washings of exhibit 1, showing that the revolver was used for
firing prior to its receipt in the laboratory.

Three.32” revolver cartridges from exhibit 2 were found to be

live on test firing through the .32” revolver exhibit 1.

The empty in exhibit 3 is a fired.32” revolver cartridge case.

The characteristics features of the firing pin impressions and the

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breech face marks examined under comparison microscope on
the empty in exhibit 3 tally with those on the .32” revolver
cartridges test fired through the .32” revolver exhibit 1, showing
that the .32” revolver empty in exhibit 3 has been fired through
the .32” revolver exhibit 1.
Detection of metallic lead in absence of blackening and
powder residues around the periphery of shot hole on the glass
sheet in exhibit 3 in consistent with the passage of lead bullet
having been fired from beyond the powder range of the weapon.

Shot hole was not observed on clothes in exhibit 8 to exhibit

13.
The deformed .32” revolver lead bullet in exhibit 1 of BLn
149/24 (bullet retrieved from the body of deceased Mahesh
Kumar vide MLPM No. NKT 1166/24. Dt. 06/10/24) tally with
the bullets resulted from the test firing of .32” revolver exhibit 1
of the present case in respects of numbers of land and groove and
their corresponding widths, the direction and extent of twist of
riflings and the characteristics striations examined under
comparison microscope observed in the land and groove
comparison microscope observed in the land and groove
impressions, showing that the .32” revolver bullet in exhibit 1 of
BLn -149/24 has been fired through the .32” revolver exhibit 1
present case.

Analysis started on
07/10/2024 Analysis
completed on 10/10/2024

Analyzed by Satish
Kumar Name:
Designation:

Sd/-
Assistant Chemical Analyzer

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Regional Forensic Science
Laboratory, Rohini Sec-14,
New Delhi.

Note: 1) Results related only to the exhibits tested.

2) After examination,
a) Biological exhibits will be disposed off.
b) The blood examination report from biology division
vide RFSL, Delhi M.L. Case No. Bn 215/2024 will
follow.

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CHEMICAL ANALYZER REPORT DATED
12/10/2024 REGIONAL FORENSIC SCIENCE
LABORATORY,
HOME DEPARTMENT, ROHINI SECTOR- 14,
NEW DELHI
EXAMINATION REPORT

M.L. Case No. BLn 149/24

Vide BLn 150/20, BLn 151/24
No. N(T) 1287-88/2
Date: 12/01/2024
Total number of pages: 2
To,
The Lecturer,
Dept. of Forensic
Medicine, Rohini Sector-
14 New Delhi

1) Ref. No. 301/24 Date:

2) No. of Exhibit received: Four P.S. Vasant Vihar, Dist. South
u/s 103, 351 of BNS
r/w 27(3) ,7 Arms Act.
3) C.R.No. 101/24
4) Mode of receipt: By P.C. No.5050 Date of receipt
10/10/2024

5) Conditions of parcel(s)/ Seals(s)

Three sealed small plastic bottles and one sealed

envelope, seals intact and as per copy sent.

6) Description of articles contained in parcel:

Exhibit No.1: - One deformed lead bullet having rifling

marks put in small plastic bottle labelled bullet.

Exhibit No.2: - Skin piece on cardboard put in an

envelope labelled skin from entrance wound.

Exhibit No. 3: - Bone piece in small plastic bottle

labelled pieces of bone from bullet track.

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Exhibit No. 4: - Cotton swab in a small plastic bottle labelled
gauze piece swab from entry wound

RESULTS OF ANALYSIS

The deformed lead bullet in exhibit 1 is a fired 32” calibre revolver

bullet.

Detection of metallic lead on the skin piece in exhibit 2 and bone

pieces in exhibit 3 are consistent with passage/impact of fired
lead bullet.

In absence of control samples, the results of analysis in relevance

to the detection of the fired gunshot residues on the cotton swabs
in exhibit 4 are inconclusive.

Analysis started on
10.10.2024 Analysis
completed on 12.10.2024

Analyzed by : Pawan Kumar

Name : Pawan Kumar

Designation: Assistant Chemical
Analyzer

Sd/-
Assistant Chemical Analyzer
Regional Forensic Science
Laboratory, Rohini Sec-14, New Delhi.

Copy of the report is forwarded to : The Sr. Police Inspector,

Vasant Vihar, Police Station, Delhi.

Note:
1) Results related only to the exhibits tested.
2) After examination,
a) Biological exhibits will be disposed off.
b) The blood examination report from biology division
vide RFSL Delhi M.L. Case No. Bn 215/2024 will
follow.

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ANNEXURE – 4
SEIZURE MEMO
Under Section 106 BNSS / Arms Act Seizure Provisions

Crime No.: 101/2024, P.S. Vasant Vihar

Date of Seizure: 06/10/2024
Place: Plot No. 99, HB Estate, Vasant Vihar, Delhi
Seized From: Scene of offence (construction site adjoining JCB area)

ARTICLES SEIZED

Sr. Label
Description Quantity
No. No.

One six-chambered .32” revolver bearing body No. NP A-

1 1 A1
3044/05 (used for firing)

2 Three live cartridges of .32” calibre 3 A2–A4

3 One empty .32” fired cartridge case (indentation on cap) 1 A5

Multiple
4 Broken glass pieces from JCB windshield B1
fragments

5 Earth sample stained with blood (from near JCB) 2 samples C1–C2

6 Cotton swab containing blood (from JCB cabin) 1 C3

Procedure Followed

Items photographed, labelled, and sealed on-site.

Witnessed by Panchas Mr. Naresh Kumar Gupta and Mr. Kunal Bhatt.
Chain of custody maintained. Sealed exhibits deposited at P.S. Vasant Vihar Malkhana under Entry
No. 117/2024.
Seizure Panchnama duly signed by Panch witnesses and Investigating Officer.

Signature of Investigating Officer

(Signed)
SI Dilshan Singh
Date: 06/10/2024

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Statements of the Witnesses

(As per Section 180 of BNSS)

Prosecution Witness No. 1 (PW-1)

My name is :- Naresh Kumar Gupta, aged about 45 years,
Occupation –
Construction Business, Residence :- Vasant Kunj, District South,
New Delhi

The name of my firm is VSJ Associates. The incident took place

on 06.10.2024, that day, I was present at the plot. I have an
agreement of development of plot with Tanmay Khanna
accused no. 2. That day, all the regular employees were
present on plot. Mr. Prateek Shah, my friend was also present
there. That day, plot-levelling work was in progress. The brother
of Tanmay i.e. the accused no. 1 Sumit Khanna came there. He
told us to stop the work. The work of the plot levelling was going
on through JCB. We told him that we had entered into an
agreement with his brother. The JCB was brought there from
the back-side plot of the sister of the accused as there was no
way to come on the plot from the front side. We did not stop our
work. The JCB was brought on rent on hourly basis. The
accused no. 1 then made some phone calls and told us that
police were coming to the spot. However, we did not stop our
work. The accused no. 1 then went in front of the JCB and told the
person who was operating the JCB to stop the work. The
accused took out the revolver. There was a barbed wire
fencing in between this plot and the plot of the accused. I told
the JCB operator to break the barbed wire fencing. The JCB was
going ahead and therefore the accused was moving back. The
accused no. 1 lost his balance and then we heard the noise of
firing of the revolver. We then removed the JCB operator from

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JCB, he was injured. The deceased was then taken to the
Hospital. The Police machinery came to the spot and arrested
the accused no. 1. Thereafter, I was called at the police station
to give report. I have given the oral report to the Police Station.
On the next day Police has also arrested
Tanmay Khanna accused no. 2. I say that the
accused(s) are responsible for the death of Mr. Mahesh Kumar.

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Sessions Case No.
524/2024 Prosecution
Witness No. 2 (PW 2)
My name is :- Prateek s/o Pravin Shah , aged about 43 years,
Occupation – Civil Engineer, Residence :- Shivaji Nagar,
District :- South, New Delhi.

I am working as a Civil Engineer and Liaisoning Executive in VSJ

Pvt. Ltd. since last 5 years. I know Mr. Sumit Khanna since
quite some time and he has been time to time creating obstacles
in carrying out the work at the spot. On 06.10.2024, at about
12.30 p.m. I was present at VSJ Associates, Project Site i.e HB
Estate. I saw the accused with a revolver and in the fit of rage he
fired at Mr. Mahesh Kumar. For no reason whatsoever Mr.
Mahesh Kumar had to pay the price for the dispute between Mr.
Naresh Kumar Gupta and the Khanna family.

We immediately rushed to the JCB where Mahesh was lying

down and took him to the Hospital. Police also reached there
after some time and arrested the accused. While I was present there
the police seized one pistol from Mr. Sumit Khanna. The police also
took samples of blood on the glass of JCB machine and the blood
which was on the soil. Then the police took my signatures on these
samples which were collected. On one side of the spot, there was a
road and a flyover, to the other side there was Khanna’s layout. On
the backside of said plot there was a flat scheme. The police also
prepared a panchanama and took my signatures. Mr. Sumit
Khanna was arrested by the police in my presence and a black
pistol was also seized from him. Police had also seized three live
cartridges and one empty case. Police had also seized shirt and
pant from the accused Sumit Khanna.

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Defence Witness
(The statements are created only for the purpose of the moot
problem and to train the witnesses, the teams are at liberty to
create their own defences in addition to the statements provided
below and accordingly lead evidence to that effect)

Defence Witness No. 1 (DW.1)

My name is :- Kunal Bhatt, aged about 43 years,

Occupation – Civil Engineer, Residence :-Ram Nagar,
Delhi.

I work with VSJ Associates, as Civil Engineer since last 6 years. I

know Mr. Mahesh Kumar, Mr. Naresh Kumar Gupta and Mr. Sumit
Khanna. There is a Civil Suit filed by Mr. Sumit Khanna against Mr.
Naresh Kumar Gupta regarding the present site.

On 06.10.2024, I reached the site at around 10:00 am. Mr. Naresh

Kumar Gupta reached there at around 12:00 noon. At around
12:30 pm, I had seen the accused, Mr. Sumit Khanna, at the spot
of incident. It so happened that there were alterations between
Mr. Naresh Kumar Gupta and S u m i t K h a n n a , and thereafter
Mr. S u m i t K h a n n a pointed gun towards the Mr. Mahesh
Kumar, as he moved the JCB machine towards Sumit and Sumit
feared for his life, when he was moving back he lost his balance
and which triggered the firing. I say that if Mr. Sumit Khanna did
not fire the gun at Mr. Mahesh Kumar, the J.C.B. would have hit
him and in all probability killed him. It is, thereafter, we rushed
towards Mr. Mahesh Kumar, ambulance was called, the police
reached the spot and arrested Mr. Sumit Khanna. Mr. Sumit
Khanna is falsely prosecuted, and he did not have any intention
to kill Mr. Mahesh Kumar. It is wrong to suggest that I’m deposing
falsely.

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JUDGEMENT
(Delivered on this day of 11/08/2025)

The accused is charged for the offences punishable U/s. 103,

351 of the Bharartiya Nyaya Sanhita (hereinafter referred to as
“BNS”) and Section 7 R/w Section 27(3) of the Arms Act.

The factual matrix of the case is as follows:-

1. Complainant, Naresh Kumar Gupta is a builder by

profession having his business under the name and Style: “VSJ
Associates” Shivaji Nagar, Delhi. He had entered into a
development agreement with the brother of the accused no. 1,
Tanmay Khanna accused no. 2, R/o Naraina Vihar in respect of
development and construction of flat scheme on Kh. No. 60/3K
and since the last 2 years the work was in progress. It is alleged
that the accused no. 1 was also builder and he threatened the
complainant that the said site belongs to him and his family and
complainant cannot construct over it.

2. At about 12.45 p.m, on 06/10/2024, the accused no. 1

came on the site and asked complainant and his team to stop
the work. However, they did not stop the work. It is alleged that
the accused then took out revolver and pointed it towards the
complainant and warned him to leave the site or else he will fire
the revolver. He also threatened to the JCB operator to stop the
work and came in front of the JCB and fired the revolver at the
JCB operator. As a result, after breaking the wind screen of JCB,
the operator received the fire arm injury on his forehead. At
the relevant time, the deceased Mr. Mahesh Kumar was

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operating the JCB and sustained injury. He was immediately
sent to the Safdarjung Hospital, Delhi. The complainant
informed the police, pursuant to which, the police came to the
spot. The accused no. 1 was present there with revolver. The deceased
died due to injury caused by fire arm. The complainant then narrated
the aforesaid facts and accordingly his report was recorded.
Thereupon, Crime No.101/2024 was registered.

3. The spot panchanama was prepared and from the spot

pieces of wind screen glass of JCB were seized. The accused was
arrested and from his possession revolver with cartridges were
seized under panchanama. The inquest panchanama was drawn.
The pant and shirt of the accused were also seized, the blood
samples and hand watch of the accused were seized under
panchanama. The post- mortem report of the deceased was
collected and the cause of death is “brain injury due to firearm”.
The house of the accused was searched and in search the license
of the revolver was seized also a Swift Car No. D L -21-RS -0286
was seized from accused. The statement of the witnesses were
recorded. The seized property was sent to Chemical Analyser. On
completing investigation prosecuted the accused for the said
offences by presenting charge-sheet in the Court of CJM, S a k e t
C o u r t , South District. New Delhi Since the alleged offences are
exclusively triable by this Court the case was committed to this
Court for trial.

4. The charge for the said offence was framed. It was read
over and explained to the accused(s) to which they pleaded
not guilty and claimed to be tried. Their defence is that of total
denial that they had no intention to cause the death of JCB
driver accused no. 1 fired from his revolver. It is his defence that

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the shot was accidentally fired after he lost his balance while
he was requesting the JCB operator to stop the JCB. The
statement of the accused U/s. 351 of BNSS were recorded.
Accused No. 2 was charged under section 61(2) of BNS with
the conspiracy with accused no. 1 his brother.

POINTS :

1) Does the prosecution prove that on 06/10/2024, at 12.45

hrs, the accused with intention or knowledge to cause death of
Mahesh Kumar fired bullet shot on his forehead thereby caused his
death and thus committed offence of murder?

…..In the affirmative

2) Does the prosecution prove that on the aforesaid date, time

and place, the accused committed criminal intimidation by
threatening the deceased, complainant and company employees,
who were there to cause their death by a revolver?
…..In the affirmative

3) Does the prosecution prove that on the aforesaid date, time

and place, the accused were found in possession of the revolver in
contravention of Section 7 and U/s. 27(3) of the Arms Act?
…..In the affirmative

4) What Order? …..As per final order

REASONS

5. In the order to prove the alleged offences the prosecution

has examined its witnesses.

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AS TO POINTS NO. 1 TO 3

6. According to the complainant, the accused came in front

of JCB and told the JCB operator to stop the work. He took out
revolver. According to him there was a barbed wire fencing in
between this plot and plot of the accused. Therefore, he told the
JCB operator to break the wire fencing. JCB operator was going ahead
and therefore, the accused was moving back. He lost his balance and
then they heard the sound of firing of revolver. The JCB operator was
injured and was sent to the Government Medical College and Hospital.
The complainant then lodged the report.

7. Thus, in view of these it is argued on behalf of the accused

no. 1 that the shot was accidentally fired from the revolver of the
accused as he lost balance, JCB was moving ahead and he was
moving back, as a result, he lost balance. Therefore, according
to him, the present accidental act of the accused falls under the
General exceptions of BNS. According to him, he was doing
lawful act. The complainant in spite of his requests did not stop
the levelling work and directed JCB operator to break the wire
fencing. The case of the defence is that the revolver was fired
accidentally and, therefore, considering the preponderance of
probabilities the case of the accused falls under this exception.
It is their contention that the accused lost his balance, as a
result, accidentally the revolver was fired and it hit the JCB
operator after breaking the wind screen of JCB. Therefore, there
was no guilty mind of the accused, there was no intention and
mens rea was absent. The accused also came up with a defence
that holding the gun and pointing it towards the JCB. operator
and consequently seizure of the same from the accused by
itself cannot establish or knowledge in causing death.

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8. The defence in order to substantiate their stand that
accidentally revolver was fired, has stated that he lost balance
and he aimed revolver at the leg of the operator, and it was fired.
Thus, he lost balance first and then he aimed at the JCB driver
with the revolver. Thereafter, it is to be seen whether the
revolver was accidentally fired, or he fired it. Thus, in view
of this fact and material brought on record the alleged act of the
accused cannot be termed as done by accident or misfortune
without any criminal intention or knowledge falling under the
general exceptions 20 of BNS.

9. Considering the evidence brought on record by the

prosecution that the accused rushed to the spot carrying revolver
with him. He threatened the complainant and other persons, who
were at the spot to stop the work. Though the complainant told
JCB operator to go ahead and break the wire fencing the
provocation was not given by JCB operator. He pointed the
revolver towards the JCB operator, who was sitting in his cabin
and therefore it was clear intention to kill him by causing firearm
injury. Thus, the said act cannot be accepted as an accidental
act. On the contrary, considering the entire material it was done
with the intention to cause death or he was aware that he would
cause such bodily injury as was sufficient in ordinary course of
nature to cause his death. At the most, in order to prevent the JCB
operator he should have fired bullet in air or on the body of the
JCB. However, no such attempt was made by him to prevent him
to stop the work. He pointed the revolver and accurately fired on
his forehead, as a result, sustained brain injury and died. Thus,
considering the evidence, as discussed above, I am of the
opinion that the prosecution has proved that the accused(s) with
intention to commit murder of JCB operator fired revolver and

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killed him.

10. Accused no. 1 entered that site with a revolver and

threatened to the complainant and others by pointing revolver.
Therefore, the prosecution has proved offence U/s. 351 of BNS
also. The offence U/s. 7 of the Arms Act is made out. In view of the
aforesaid discussion the prosecution has proved the offences
U/s. 61(2), 103 & 351 of BNS against the accused beyond all
reasonable doubt. I, therefore, answer these points accordingly.
11. Since the accused(s) are held guilty of above offences, on
the point of sentence, I heard the learned APP and the defence
counsel. Considering the facts and circumstances of the case, as
discussed above, this is not the rarest of rare cases wherein death
penalty is the only adequate punishment. Hence, I pass the
following order.

ORDER

a. Accused Sumit Khanna is found guilty under section 103 &

351 of the Bharatiya Nyaya Sanhita (BNS).
b. Accused Tanmay Khanna is found guilty under section
61(2) of the Bharatiya Nyaya Sanhita (BNS).
c. The accused N o . 1 is convicted for the offence punishable
under section 103 & 351 of the B h a r a t i y a N y a y a
S a n h i t a , and also Section 7 R/w. Section 27 (3) of the Arms
Act and sentenced to suffer imprisonment for life and to pay
a fine of Rs. 25,000/-, in default to suffer Rigorous
imprisonment for one year.
d. Muddemal revolver with cartridges to be sent to the District
Magistrate, South District, New New Delhi for disposal
according to law, after the period of appeal is over.

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e. Muddemal Swift car be returned to the Accused after the
period of appeal is over.
f. Remaining seized property being valueless be destroyed after
period of appeal will be over.

New Delhi
Dated:- 11/08/2025
Sd/-
Sessions Judge
South, New Delhi

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CLARIFICATIONS:-

1. The statements as recorded under Section 180 of the

Bharatiya Nagarik Suraksha Sanhita and also Defence witness as
provided in the moot problem will be considered as evidence
recorded before the Court during trial.
2. Accused No.1 Sumit Khanna and Tanmay Khanna will be
compulsorily examined (under 351 B N S S ).
3. The rounds will be based upon the Judgment passed by the
Trial Court.

Disclaimer :-
That, the present moot problem is created on fictitious facts,
events. Any resemblance to actual persons, living or dead, or
actual events is purely coincidental.

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