Mumbai, Apr 22 Five Haryana police personnel, acquitted in a criminal case related to the 2016 "fake" encounter of gangster Sandeep Gadoli at a Mumbai hotel, acted in self-defence, the trial court has noted in its reasoned order made available on Wednesday.
Nearly a month after the acquittal ruling, the court observed the cops were on duty for apprehending a person with "heavy criminal antecedents" and have established "circumstances to recognize the right of private defence". It also pointed out that the Haryana government had not given sanction to prosecute these police officials.
The policemen, booked for multiple offences, including murder and criminal conspiracy, were accused of gunning down Haryana gangster Gadoli in a "fake" encounter.
Additional Sessions Judge Prashant Kale acquitted the five cops and two other accused on March 27 as none of the charges against them under Indian Penal Code (IPC) and the Arms Act was proved.
Gadoli was killed in an alleged shootout by a Gurugram police team at a hotel in Andheri (East) on February 7, 2016. The notorious gangster was carrying a reward of Rs 1 lakh on his head and was wanted in more than 40 FIRs registered since 1999.
The Mumbai police arrested eight persons -- five Haryana cops, Gadoli's "girlfriend" late Divya Pahuja, her mother and rival gang leader Virendra Gujjar -- in connection with what it claimed was a staged killing.
The cops booked in the case were Pradyuman Yadav (then a sub-inspector), Vikram Singh, Jitendra Yadav, Deepak Kakran and Paramjeet Ahlawat.
The defence had contended before the court that the shooting was not a premeditated execution.
According to the Mumbai police, Gadoli had been lured into a trap with the help of Pahuja and killed in a fake encounter.
The case against Pahuja was later abated following her murder at a hotel in Haryana in 2024, when she was out on bail in the Gadoli case.
The prosecution alleged that Gujjar, who had a long-standing enmity with Gadoli, had orchestrated the encounter at the Mumbai hotel. He, along with the now acquitted cops, hatched a conspiracy to kill the gangster.
According to the prosecution, the Haryana cops fatally shot Gadoli using illegal firearms, and gave false evidence to save themselves.
They had been charged under IPC sections 302 (punishment for murder), 182 (giving false information) 193 (punishment for false evidence), 201 (causing disappearance of evidence), 34 (common intention) and 120 (b) (criminal conspiracy) and relevant provisions of the Arms Act.
The prosecution presented the testimony of 43 witnesses and extensive technical evidence (CCTV, call records, and ballistics) to prove the accused acted in a coordinated conspiracy to commit murder.
In the detailed order, the court acknowledged that the cops were doubtlessly "public servant" when the offence was committed.
It rejected prosecution's contention, ruling "it is established in all probability that the police personnel, on duty for apprehending a person with heavy criminal antecedents, have duly made out circumstances to recognize the right of private defence within certain reasonable limits."
The court pointed out that one of the policemen sustained grievous injury on his forehead in the gunfire.
"These bodily injuries caused to the police are certainly reasonable enough to put the right of self- defence into operation," the judge stated.
The court did not rule out possibilities that the crime scene was tampered with and so was the CCTV footage of the spot.
The court highlighted that since the act was done by police officials, while they were performing their duty to apprehend a man with criminal background, it was mandatory for the investigating agency to obtain prosecution sanction.
However, the Haryana government had not given sanction to prosecute the police officials. Hence in absence of the sanction, the trial against them is vitiated, the court noted while acquitting the accused.
