Additional Sessions Judge Suresh Chand Rajan freed Deepak Verma and Sher Singh saying "benefit of doubt" needs to be given to the duo since the prosecution failed to prove its case against them.
"I am of the opinion that the prosecution could not establish the complete chain of circumstances in this case, while it is well settled principle of law that in a case of circumstantial evidence each and every circumstance has to be proved by the prosecution by leading legal, reliable and unimpeachable evidence.
"But I did not find any legal, reliable and unimpeachable evidence in this case. I am unhesitatingly of the opinion that the prosecution has utterly failed in proving such chain of circumstantial evidence as would fasten the guilt on the accused persons leaving no room for doubt," the judge said.
The prosecution case is dated back to June 2009, when Manish Arora lodged a complaint with the police that his younger brother Rajnish was taken to Mata Chanan Devi Hospital here where doctors declared him brought dead.
Manish had told the police that his brother had called him on the night when the incident had occurred and asked him to pick him up from Dhaula Kuan flyover in south Delhi, where his car had broken down.
"He reached there and found that his brother Rajnish was lying outside his car near rear tyre in pool of blood. He was unconscious," the prosecution had said.
Manish in his complaint did not give names of the culprits. He informed the police that few boys had tried to rob his brother of his car but as he had refused to give the key, they shot him.
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The police while investigating the case had arrested the two accused in some other case but they had confessed to committing robbery and shooting the victim at Dhaula Kuan.
"On the aspect of motive, I have perused the evidence. The prosecution has alleged the motive to kill the deceased as the accused had robbed him. Perusal of evidence on record revealed that the recovery of wrist watch and mobile phone of deceased from the accused persons is doubtful and even the evidence revealed that it was some other mobile recovered from the accused...
"Therefore, I am of the view that there was no motive for accused persons to kill deceased Rajnish," the court said, while ordering release of the two from jail.