Delhi District Court
State vs Ashutosh @ Sonu Nagar Ors on 19 September, 2023
IN THE COURT OF SH. LOVLEEN
ADDL. SESSIONS JUDGE03 (SOUTHEAST),
SAKET COURTS, NEW DELHI
Case Registration No. 2071/2016
CNR No: DLSE010012902015
FIR No. 493/2015
Police Station: Sarita Vihar
Under Section: 364/302/201342/506/34 IPC
STATE
VERSUS
1. Ashutosh @ Sonu Nagar
S/o. Sh. Malkhan Singh,
R/o H. No. B190, Beri Bagh,
Aali Vihar, New Delhi.
2. Rohit Thakur
S/o Sh. Amar Singh,
R/o H. No. A84, Beri Bagh, Aali Vihar,
New Delhi.
3. Kamal
S/o Sh. Malkhan Singh,
R/o H. No. B190, Beri Bagh,
Aali Vihar, New Delhi.
4. Alok Pratap Singh @ Golu
S/o Late Sh. Satpal Singh,
R/o H. No. H50/1, Beri Bagh,
FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 1 of 93
Aali Vihar, New Delhi.
5. Yogesh @ Dudhiya
S/o Sh. Jai Kishan,
R/o H. No. A5, Aali Vihar,
New Delhi.
Date of institution : 18.09.2015
Date of Reserving judgment : 29.08.2023
Date of Pronouncement : 19.09.2023
Decision : All accused acquitted except
accused Ashutosh @ Sonu
Nagar who is convicted u/s
174A IPC.
For State : Sh. A. T. Ansari, Learned Addl. Public Prosecutor.
For Defence: Sh. J.K. Sharma and Sh. Siddharth Pandit, Ld. Counsels
for all accused except accused Kamal.
Sh. Amit Kumar and Sh. Vishal Kumar, Ld. Counsels
for accused Kamal.
JUDGMENT
1. Accused persons were committed for trial by the Court of Learned Metropolitan Magistrate05 (SouthEast), Saket Courts, New Delhi, after compliance of provisions of Section 207 Cr.PC, charge sheet having been filed against accused persons for commission of offences punishable U/sec 364/302/201/342/323/506/34 IPC.
2. Brief facts on the basis of which chargesheet in the matter was filed are as follows: 2.1 As per FIR, on 20.06.2015, the informant Ramanand Chaudhary went to Police Station Sarita Vihar at around 8:25 a.m. and FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 2 of 93 made a statement to the effect that he has two sons, the elder one being Nitish Chaudhary and younger one being Vikas Chaudhary. He further stated that his elder son Nitish drives a TSR. On 06.06.2015, his elder son Nitish went for "passing of his TSR" and who, at around 10 p.m. in the night (i.e. on 06.06.2015), called his mother from the telephone of Panditji of Jagdamba temple Aali Vihar and asked her to prepare some food as he shall return to home in a while. However, Nitish did not return home on 06.06.2015. Consequently, his wife (i.e. wife of informant Ramanand Chaudhary) got a missing report recorded at PS Sarita Vihar in respect of disappearance of his son Nitish vide DD No. 33B. The informant further stated that he has learnt from one Titu that his son Nitish was in the company of accused Sonu Nagar, Rohit Thakur, Yogesh Dudhiya and one Thappal (actually Kamal) at around 12 p.m. on 06.06.2015. The informant further stated that he individually confronted all the said persons about the whereabouts of his son Nitish, but they only informed him that his son Nitish was in their company till 12 p.m. on 06.06.2015 and that they do not know where he went afterwards. Informant further stated that about two years ago, his son Nitish got involved in an altercation with accused Sonu Nagar and his brother Thappal (actually Kamal), due to which both were inimical towards his son Nitish. The informant further stated that he feels that accused Sonu Nagar, Rohit Thakur, Yogesh Dudhiya and one Thappal (actually Kamal) have kidnapped his son, and have either eliminated him or detained him somewhere. The informant further stated that at the relevant time, his son Nitish FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 3 of 93 was carrying Rs. 20,800/- and a Samsung Mobile phone. Informant sought legal action against accused Sonu Nagar, Rohit Thakur, Yogesh Dudhiya and one Thappal (actually Kamal). The said statement of informant was reduced into writing. SI Rakesh made an endorsement on the said complaint to the effect that on 07.06.2015 a missing report regarding Nitish Chaudhary was recorded in the PS vide DD No. 33B and that the above mentioned complaint of informant reflects the commission of an offence punishable u/s 364 IPC. On the basis of said endorsement, FIR No. 493/2015, PS Sarita Vihar was registered and investigation was handed over to Insp. V.S. Rana.
2.2 IO Insp. V.S. Rana recorded the statement of Saurabh Rai @ Titu, who stated that at around 11:30 p.m. on 06.06.2015, accused Ashutosh @ Sonu Nagar, Yogesh Dudhiya, Rohit Thakur and Nitish Chaudhary were consuming beer in the street. Nitish asked for some beer from Rohit Thakur, who gave the same to Nitish as well as himself (Saurabh @ Titu). Suddenly, certain hot words were exchanged between Nitish and Yogesh @ Dudhiya and both of them started fighting. Ashutosh @ Sonu Nagar and Saurabh @ Titu intervened and separated both of them. Thereafter, Ashutosh @ Sonu Nagar, Yogesh @ Dudhiya and Rohit Thakur stepped aside and decided to allure Nitish to the room of Ashutosh @ Sonu Nagar for consuming some more liquor and then teach him a lesson. Ashutosh @ Sonu Nagar then had a word with Nitish and all of them went to the house of Ashutosh @ Sonu Nagar situated in Bhim Colony at around 1 - 1:30 mid night. Ashutosh @ Sonu Nagar lives at the top floor of FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 4 of 93 the said house alongwith his associate Alok Pratap @ Golu. At the relevant time, Alok Pratap @ Golu was sleeping in the room situated on the top floor. Ashutosh @ Sonu Nagar knocked at the door and woke Alok Pratap @ Golu to open the door. All of them then entered into the room. Suddenly, Ashutosh @ Sonu Nagar, Yogesh @ Dudhiya and Rohit Thakur started beating Nitish. Ashutosh @ Sonu Nagar asked Alok Pratap @ Golu to fetch the iron rod available in the cupboard. Then Yogesh @ Dudhiya and Rohit Thakur caught hold of Nitish and Ashutosh @ Sonu Nagar started beating him with the iron rod. At the instance of Ashutosh @ Sonu Nagar, Alok Pratap @ Golu also detained Saurabh @ Titu also inside the room. Thereafter, Yogesh @ Dudhiya took a rope available in the room, tied both the feet of Nitish and hung him upside down from the झररोखखा (window) in the wall. Accused Ashutosh @ Sonu Nagar and Rohit Thakur then started beating Nitish with the iron rod and wooden stick. After beating him black and blue, Nitish was taken down and at the instance of Alok Pratap @ Golu, Ashutosh @ Sonu Nagar broke a foot of Nitish. Ashutosh @ Sonu Nagar then called his brother Kamal to the room, who also beat Nitish a little and who, after being told that Nitish has been eliminated, advised them to throw away the body of Nitish in Agra canal. Ashutosh @ Sonu Nagar then picked up the body of Nitish and brought it downstairs with the help of Yogesh @ Dudhiya and Rohit Thakur. Ashutosh @ Sonu Nagar instructed Kamal and Alok Pratap @ Golu to detain him (Saurabh @ Titu) in the room and also to clean the room. After a while Ashutosh @ Sonu Nagar, Rohit FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 5 of 93 Thakur andYogesh @ Dudhiya returned to the room. Ashutosh @ Sonu Nagar slapped Surabh @ Titu and threatened him not to disclose anything to anyone failing which he shall also be eliminated. 2.3 At the instance of said Saurabh Rai @ Titu, IO Insp. V.S. Rana got the spot of offence inspected & photographed by a team of CFSL, CBI, Lodhi Colony, which team picked up certain exhibits / materials from the spot which were handed over to IO Insp. V.S. Rana. The said exhibits / materials were seized by IO Insp. V.S. Rana. On 21.06.2015, IO Insp. V.S. Rana arrested the accused Ashutosh @ Sonu Nagar, Rohit Thakur andYogesh @ Dudhiya in the present FIR. All the said persons made a disclosure statement to the effect that Nitish Chaudhary was on inimical terms with Ashutosh @ Sonu Nagar and his brother Kamal since a very long time. On 06.06.2015 at about 11:30 p.m., all three of them were consuming beer in Beri Bagh. They noticed that Nitish was passing through the spot on foot and who stopped near them. At that time, Nitish was wearing the uniform prescribed for TSR driver and was in a drunken state. Saurabh @ Titu also arrived at the spot. Nitish asked for some beer from Rohit Thakur, who gave him as well as Titu some beer. Suddenly, certain hot words were exchanged between Nitish and Yogesh @ Dudhiya and both of them started fighting. Ashutosh @ Sonu Nagar and Saurabh @ Titu intervened and separated both of them. Thereafter, Ashutosh @ Sonu Nagar, Yogesh @ Dudhiya and Rohit Thakur stepped aside and decided to allure Nitish to the room of Ashutosh @ Sonu Nagar for consuming some more liquor and then teach him a lesson. Ashutosh FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 6 of 93 @ Sonu Nagar then had a word with Nitish and all of them went to the house of Ashutosh @ Sonu Nagar situated in Bhim Colony at around 1 - 1:30 mid night. Ashutosh @ Sonu Nagar lives at the top floor of the said house alongwith his associate Alok Pratap @ Golu. At the relevant time, Alok Pratap @ Golu was sleeping in the room situated on the top floor. Ashutosh @ Sonu Nagar knocked at the door and woke Alok Pratap @ Golu to open the door. All of them then entered into the room. Suddenly, Ashutosh @ Sonu Nagar, Yogesh @ Dudhiya and Rohit Thakur started beating Nitish. Ashutosh @ Sonu Nagar asked Alok Pratap @ Golu to fetch the iron rod available in the cupboard. Then Yogesh @ Dudhiya and Rohit Thakur caught hold of Nitish and Ashutosh @ Sonu Nagar started beating him with the iron rod. At the instance of Ashutosh @ Sonu Nagar, Alok Pratap @ Golu detained Saurabh @ Titu also inside the room. Thereafter, Yogesh @ Dudhiya took a rope available in the room, tied both the feet of Nitish and hung him upside down from the झररोखखा (window) in the wall.
Accused Ashutosh @ Sonu Nagar and Rohit Thakur then started beating Nitish with the iron rod and wooden stick. After beating him black and blue, Nitish was taken down and at the instance of Alok Pratap @ Golu, Ashutosh @ Sonu Nagar broke a foot of Nitish. Ashutosh @ Sonu Nagar then called his brother Kamal to the room, who also beat Nitish a little and who after being told that Nitish has been eliminated, advised them to throw away the body of Nitish in Agra canal. Ashutosh @ Sonu Nagar then picked up the body of Nitish and brought it downstairs with the help of Yogesh @ Dudhiya FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 7 of 93 and Rohit Thakur. All three of them then went to Agra canal and threw the body in the canal. They remained at canal for about 10- 15 minutes and left the spot only after they felt assured that Nitish had drowned. They also disposed of the phone of Nitish in Agra canal. When they returned to the room where Nitish was beaten, they threatened Saurabh @ Titu not to disclose anything to anyone failing which he would also be eliminated. Accused Ashutosh @ Sonu Nagar then got recovered an iron rod, accused Yogesh @ Dhudhiya got recovered a rope and accused Rohit Thakur got recovered a bamboo stick. 2.4 Accused Kamal and Alok Pratap @ Golu were arrested subsequently, and who also made similar disclosure statements. They also disclosed that accused Kamal had given a fist blow to Saurabh @ Titu at the relevant time and that the floor of the room was cleaned by Alok Pratap @ Golu.
2.5 Said Nitish Chaudhary remains untraced till today. However, during the course of investigation police was able to collect a finger print of said Nitish Kumar from the room where he was beaten to death by the accused persons. Police was also able to obtain FSL reports affirming the availability of blood of said Nitish Chaudhary on the mattress, bedsheet, rope, plaster of the wall (of the premises).
2.6 Hence, the present charge-sheet against the accused persons for the commission of offences punishable u/s 364/302/201/323/342/506/34 IPC.
3. Charge U/sec 364/302/201/342/323/506/34 IPC was FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 8 of 93 framed against accused persons on 26.11.2015 on the facts that in the intervening night of 0607.06.2015, near Nagdamba Mandir, Ali Vihar, within the jurisdiction of PS Sarita Vihar, accused Yogesh @ Dudhiya, Rohit Thakur and Ashutosh @ Sonu Nagar in furtherance of their common intention abducted Nitesh (deceased) with intention to cause his death and after abducting Nitesh from the above place, accused Yogesh @ Dudhiya, Rohit Thakur and Ashutosh @ Sonu Nagar brought him at House No. H50/1, Third Floor, Gali No. 2, Ali Vihar, where all the accused with other accused namely Alok Pratap @ Golu and Kamal in furtherance of their common intention caused beatings by using iron rod, danda, bricks, legs and fist blows and also tied him with a rope, due to which Nitesh died. After causing death of Nitesh on the above date, in order to screen from the offence and legal punishment and in order to destroy evidence, accused Rohit, Yogesh and Ashutosh took away the dead body of Nitesh from the said house and threw it in Agra Canal in the area of Ali Vihar and accused Alok Pratap @ Golu and Kamal wiped the blood stains and cleaned the house bearing no. H50/1, Third Floor, Ali Vihar, where Nitesh was murdered. In the above mentioned intervening night and place all the accused in furtherance of their common intention wrongfully restrained and confined Nitesh and Saurabh @ Titu with intention to cause beatings to them and caused death of Nitesh and also caused simple blunt injuries to Saurabh @ Titu and also threatened him to kill him and his family members, if he discloses the incident to anyone or FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 9 of 93 police.
4. Separate charge U/sec 174A IPC was framed against accused Ashutosh @ Sonu Nagar on 19.11.2022 on the ground that he failed to appear in this Court on 10.12.2021 at the specified time in pursuance of proclamation issued u/s. 82(1) Cr.P.C. on 01.11.2021 and he was declared a proclaimed offender on 10.12.2021.
5. In support of its case, prosecution examined 27witnesses in total.
6. PW-1 Sh. Saurabh @ Titu deposed that on 06.06.2015 at around 11:30 p.m., he was coming from his house and he saw that Sonu, Kamal, Yogesh Dudhiya, Rohit Thakur and Alok @ Nati were present at Beribagh. One Nitish was also present there. They were drinking beer and eating namkeen/snacks. Nitish asked him to stop. He stopped there. Nitish handed over Rs. 500/- to Rohit Thakur for purchasing beer. Rohit brought 5 beer bottles. They started eating and drinking. He also consumed beer. He came under the influence of liquor and thereafter, he went to his house for sleeping. He does not know what happened thereafter. He never came to know what happened with them. On 19.06.2015, Vikas called him at his home. Police persons were present there and under fear, he disclosed whatever told by him. Vikas briefed him and he narrated the same to police persons. He did not tell anything except police person. He only told police that "Maar ke fek diya". He did not tell who killed and to whom. He only told them single line. He deposed that he can identify Sonu, Kamal, Yogesh Dudhiya, Rohit Thakur and Alok @ Nati as FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 10 of 93 they were drinking beer. He identified all the accused persons shown to him through video link installed in the room. He deposed that he never went anywhere with police persons.
7. PW-1 was put leading questions by Ld. Addl. PP for State. PW1 admitted that all the accused persons are residing in the same colony. PW1 admitted that he came to Court on 01.07.2015 and also gave statement u/s 164 Cr.P.C. He volunteered that he gave statement under pressure of Vikas. He was shown his statement u/s 164 Cr.P.C. Ex.PW1/A and identified his signatures at point A on 11 pages whereupon his statement was recorded. He admitted that Kamal is the name of his younger brother. He denied the suggestion that Kamal used to threaten him. He admitted that he told Magistrate that he was under fear of his younger brother and due to that reason he used to remain in his house. He volunteered that Vikas told him to depose the same. He did not remember what was narrated by him to Magistrate. He volunteered that he deposed whatever told to him by Vikas. He deposed that he does not remember the time when he left the spot. He even can not say whether he remained there for 10 minutes, 50 minutes, 1 hour or 6 hours. He deposed that he only consumed one beer at that time. He deposed that he usually take one beer and one quarter bottle of liquor in a week. At the time of incident, he was student of 9th class. He denied that Rohit was not present there when he reached or that he came there later on (he was confronted with his previous statement u/s 164 Cr.P.C. Ex.PW1/A where it was so recorded.) He admitted that they were taking beer at Beribagh market.
FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 11 of 93 No change was given by Rohit after purchasing beer. He deposed that he can not admit or deny whether any person known to accused Ashutosh @ Sonu Nagar came there on a scooty as he left the spot after drinking beer. He deposed that he does not remember if he narrated Magistrate that a person known to accused, who came there on a Scooty. He denied that he told Magistrate that accused asked Nitish to accompany him to his room for drinking. (He was confronted with his previous statement u/s 164 Cr.P.C. Ex.PW1/A where it was so recorded). He denied suggestion that Yogeshhanded over him his beer bottle. He volunteered whatever they were having before his arrival were already finished by them. He was confronted with his previous statement u/s 164 Cr.P.C. Ex.PW1/A where it was so recorded. He deposed that he does not know how many plots he has. He deposed that he only knows his first address which is situated at Beribagh. He denied the suggestion that a quarrel had taken place between Nitish and Yogesh. He admitted that he told Magistrate that a quarrel had taken place between Nitish and Yogesh. He volunteered that he told the same under pressure of Vikas. He deposed that he does not remember if he told Magistrate that Nitish was also beaten by Rohit. He deposed that he does not know Registration number of Nitish's auto. He volunteered that Auto of Nitish was not there. He deposed that he does not remember whether he told Magistrate that accused Sonu Nagar snatched key of auto when Nitish tried to start his auto. He deposed that he can not admit or deny whether he told the same to Magistrate but denied the suggestion that key was snatched by FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 12 of 93 accused Sonu Nagar in his presence.
8. PW-1 was cross-examined by State whereupon he admitted that police recorded his statement. He deposed that he does not remember if he told police officials that ' mar ke phek diya'. He deposed that he came to know by his brother Vikas that Nitesh was killed. He volunteered that on 18.03.2016, Vikas threatened him of dire consequences as he had not given evidence/statement as he told him. PW-1 deposed that he knows accused persons as they are residing in the same locality. He deposed that he knows that since his childhood. He deposed that he knows accused Ashutosh @ Sonu and Kamal. He denied that there was a quarrel between Ashutosh and Kamal. He denied that accused Sonu Nagar told him many times that he will get revenge from Nitesh. He deposed that he does not remember what proceedings were done by police officials in his presence. He admitted that police officials seized some articles in his presence from the room. He deposed that he does not remember date of seizure of articles. He denied that after the incident of 06.06.2015, accused Ashutosh @ Sonu alongwith his friends came to him and gave him beatings by slap and iron rod and threatened him that he tells about the incident to anyone, they will also kill him. He admitted that he went to hospital and got treatment of injuries. He volunteered that he was taken to hospital by Vikas for treatment of his previous injuries on his left ear received 5 - 6 months prior to this incident as his mother slapped him. He deposed that he can not tell name of the said hospital. He denied that he was taken to AIIMS hospital by Rajesh FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 13 of 93 Kumar, police official. He admitted that his MLC was prepared in the hospital but he does not remember if MLC was prepared in the AIIMS hospital. He deposed that he does not know if MLC Mark-A was prepared in the hospital or not. He volunteered that Vikas might know about the same. He denied that he told doctor that he sustained injuries on 06.06.2015. He volunteered that same might have been told by Vikas to doctor. He denied that Vikas did not accompany him and he is deliberately telling a lie. He denied that in the hospital, he got treatment of injuries of his arm rather than injuries in his ear. He admitted that he told police officials that accused Sonu Nagar gave him beatings. He deposed that he does not remember date of such statement but he told police officials at instance of Vikas. He deposed that on the said date, he was not having injuries. He deposed that he does not remember if he went to hospital on 23.06.2015 i.e. date of his treatment to police for getting treatment. He admitted that he told police officials that Nitesh was murdered. He volunteered that he told this fact to police at instance of Vikas. He denied that he showed spot of occurrence to police official. He volunteered that he does not know about the room, same was shown to police by Vikas. He deposed that he does not know if incident took place on 06.06.2015. He admitted that he consumed beer with accused persons on 06.06.2015 in Beribagh. He denied that he had gone to Bhim Colony from Beribagh. He volunteered that after consuming beer, he went to his house. He deposed that he does not remember after how many dates from 06.06.2015, he met Vikas. He deposed that he does not know when FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 14 of 93 police officials came before him. He deposed that he came to know from Vikas that Nitesh was killed and thrown in the canal. He denied that Nitesh was present at the time of consuming beer on 06.06.2015 with accused persons. He denied that he went to Tihar Jail to meet accused persons before deposing.
9. PW-1 admitted that on 06.06.2015, Ashutosh and his friends were consuming beer at market wali gali and he was also present there. He denied the suggestion that on the said day at about 1:30 a.m., Ashutosh and his friends took him and Nitesh to their room to consume liquor. He denied the suggestion that they all five persons went into the room of Sonu Nagar. He deposed that he does not know if one Golu was sleeping in the room. He denied the suggestion that the gate of room was opened by Golu and they all five entered into the room of accused Sonu Nagar. He deposed that he does not know that if as soon as they entered in the room of accused Ashutosh @ Sonu, he (Sonu), Yogesh and Rohit started gave beatings to Nitesh. He admitted that Nitesh is brother of Vikas. He deposed that at about 11:30 p.m., he had gone to his room. He deposed that at that time, he was not carrying mobile phone. He denied the suggestion that he is deposing falsely as he went into the room of accused Sonu Nagar and accused persons gave beatings to Nitesh till he became unconscious. Today, he has come in the Court with his brother Sunny Rai. He denied suggestion that Yogesh tied the leg of Nitesh with rope and hung upside down then Yogesh and Sonu Nagar started giving beating to Nitesh by iron rod and Rohit gave beatings by wooden stick. He FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 15 of 93 denied that Kamal was also called by Ashutosh @ Sonu Nagar at the room. He deposed that he does not know when Kamal reached the room of Ashutosh, he said to him that "humne Nitesh ko mar diya hai, tum iski dead body nehar me fek do". He volunteered that he does not know as he had gone to his room for sleeping. He admitted that he had consumed beer with accused person on that day. He denied that at that time Ashutosh @ Sonu threatened to him if he tell the incident to anyone, he will kill him. He denied that he moved an application before Delhi State Legal Authority under witness protections Scheme 2015, however the same is Ex.PW1/B. He volunteered that same was moved at the instance of Vikas. He denied that on the next date of incident he went before the father of Nitesh and narrated incident to him. He admitted that photographs of room of Ashutosh @ Sonu were conducted in his presence. He denied that his room was indicated by him to the photographer team. He volunteered that the room was shown by Vikas.
10. PW-1 admitted that it is correct that accused person are his friends since his childhood. He denied that he told Ramanand/ complainant that Yogesh and Rohit confessed before him at Tihar Jail that they have killed Nitesh and thrown his body in the canal. He volunteered that he did not go to jail. He did not ask Vikas from where he came to know about murder of his brother Nitesh. He deposed that Vikas told him that Nitesh was murdered in a room. He deposed that Vikas took him at place of murder. He deposed that it was new place and he can not tell address of the place. He deposed that Police did FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 16 of 93 not click photographs of the place in his presence. He denied that police officials clicked photographs in his presence at a room in Bheem Colony. He deposed that he did not ask Vikas from where he came to know that Nitesh was murdered in that room. He volunteered Vikas told him to say about the same. He denied that police officials came before him at the spot. He denied that police officials came before him and took photographs of the spot. He denied that on 06.06.2015, he alongwith accused persons and deceased Nitesh went to the room of Ashutosh at H. No. 50/1, Fourth floor, Aali Vihar, Sarita Vihar, Delhi. He denied that accused persons gave beatings to deceased Nitesh in his presence. He denied that he is deposing falsely in order to save accused persons as he has been won over by them. He denied that he stated before Ld. Magistrate who recorded statement u/s 164 Cr.P.C. that accused Ashutosh @ Sonu had threatened him by showing a pistol that if he deposed in the Court, he will kill him and his mother.
11. PW-1 admitted in his cross examination by State that on 19.06.2015, he went to house of Nitesh where some police officials were present. He denied that he told police officials at that time that Ashutosh @ Sonu and other accused persons killed Nitesh. He denied that he told father of Nitesh, Sh. Ramanand Chaudhary that Ashutosh @ Sonu and other accused persons killed Nitesh. He admitted that he can recognize his voice and video in laptop. One CD placed on record played on computer of Court and one person visible in the clip shown to the witness and witness identified that he is visible in the CD Mark-
FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 17 of 93 A. He admitted that the voice in the clip is his voice. Number of clip is VID-20160404-WA005. He denied that after one - two days of incident, he met with Ramanand Chaudhary and told him the whole incident. File VID-20160404-WA001 in CD Mark A is played in the computer of the Court and shown to the witness. Witness said that he is in the clip. He also identified his voice in the clip. Vol. One person also shown in the background and witness said that he is Ramanand Chaudhary. He denied that deceased Nitesh was given beatings by articles produced by MHC (M) before Court by accused persons in his presence. He admitted that he knew all accused persons since his childhood. He denied that he is deliberately concealing the real fact in order to save accused persons as he has been won over by them.
12. PW-2 HC Hari Dutt deposed that on 20.06.2015, he was working as Duty officer at PS Sarita Vihar from 8 a.m. to 4 p.m. On that day at about 8:30 a.m., SI Rakesh produced before him a rukka for registration of FIR. He deposed that on perusal of rukka, he registered present FIR. Computerized copy of FIR was exhibited vide Ex.PW2/A and endorsement on rukka vide Ex.PW2/B by him. He deposed that after registration of FIR, he handed over copy of FIR and rukka to Insp. Vijender Singh Rana for further investigation.
13. PW-3 Ramanand Chaudhary deposed that he has been residing at B-152, Ali Vihar with his family. He deposed that he had two sons namely Nitish Chaudhary and Vikas Chaudhary. He deposed that his elder son Nitish Chaudhary used to drive a TSR and his younger son Vikas Chaudhary is pursuing LLB. He deposed that on FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 18 of 93 06.06.2015, his elder son Nitish Chaudhary had gone Burari for auto passing. He deposed that at about 10.00 p.m., his wife received call from mobile phone of Priest of Jagdamba Mandir namely Akhileshwar Pathak, Ali Vihar that Nitish Chaudhary called and said to his mother that prepare food for him and he will come late. He deposed that despite his call, said Nitish Chaudhary did not come to his house in the night. He deposed that on next day i.e., 07.06.2015, his wife went to PS Sarita Vihar where she filed complaint regarding missing of Nitish Chaudhary vide DD No. 33B. He deposed that he and his family members made an effort to search for Nitish Chaudhary but he could not be found. He deposed that later on 19.06.2015, one boy name Titu came to his house and told him that on 06.06.2015 at about 10:30 - 11:00 p.m., when he (Titu) was going to his house after dropping his friend, he met with Sonu Nagar, Rohit Thakur, Yogesh Dudhiya and Nitish Chaudhary. He deposed that he (Titu) further told him that they were consuming beer at Beri Bagh, Ali Vihar and in the meantime, Nitish Chaudhary asked him (Titu) to bring food for him and Titu went to take food and came after sometime and said to Nitish Chaudhary that he did not find food there. He deposed that Ashutosh said that let them go at another shop and purchase beer and consume the same as they are not enjoying so much. He deposed that when they were going to purchase beer, a quarrel took place between Nitesh Chaudhary, Yogesh Dudhiya and Rohit Thakur. Titu further told him that Yogesh Dudhiya and Rohit Thakur gave beatings to Nitish Chaudhary. He deposed that he had intervened the quarrel and tried to FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 19 of 93 save persons and he also sustained injury while saving the persons. He deposed that when Nitish Chaudhary was trying to come house in a TSR from the spot, meanwhile Ashutosh @ Sonu Nagar came to Nitish Chaudhary and brought him back from TSR by saying that why did he become angry? He deposed that he told him that Ashutosh @ Sonu Nagar asked Nitish Chaudhary that if he say, he will be giving beating to Yogesh Dudhiya and Rohit Thakur. He deposed that by saying that Ashutosh brought Nitish Chaudhary at a beer shop, Ali Vihar. He deposed that when they had purchased beer from the shop, one white colour Scooty came there and accused Ashutosh @ Sonu Nagar made Nitish Chaudhary seated on the Scooty and he also sit on the Scooty. He deposed that accused Ashutosh @ Sonu Nagar went to the house No. H-50/1, 3rd floor Ali Vihar and he also instructed Yogesh Dudhiya and Rohit Thakur to bring him (Titu) at the said house. He deposed that Titu further told him that when he reached at the said the house, Alok Pratap @ Golu opened the door for them. Titu further told him that when he reached there, Ashutosh @ Sonu Nagar slapped on his both ears and made him stand with the side of the gate in the room. Titu further told him that thereafter, Yogesh Dudhiya, Rohit Thakur, Ashutosh @ Sonu Nagar and Alok started giving beatings to Nitish Chaudhary. Titu further told him that Ashutosh tied leg of Nitish Chaudhary by a rope and Rohit Thakur inserted piece of cloth in mouth of Nitish Chaudhary while Yogesh Dudhiya and Rohit Thakur were catching hold of Nitish Chaudhary. Titu further told him that all of them hung Nitish Chaudhary upside down from window FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 20 of 93 and then all four persons gave beatings to Nitish Chaudhary. Titu further told him that after giving beatings, Nitish Chaudhary was made lie down on the floor. Titu further told him that when Nitish Chaudhary tried to escape from the spot, Ashutosh @ Sonu Nagar sit on the leg of Nitish Chaudhary and twisted his leg in opposite direction. Titu further told him that accused Sonu Nagar called his brother Kamal Nagar, Kamal Nagar reached at the spot and started giving beatings to Nitish Chaudhary. Titu further told him that when Kamal Nagargave beatings to Nitish Chaudhary, he screamed but later on he did not make noise. Titu further told him that after beatings, Ashutosh lifted Nitish Chaudhary on his shoulder, Rohit Thakur, Yogesh Dudhiya followed Ashutosh @ Sonu Nagar. Titu further told him that Alok and Kamal Nagar stayed in the room to hold him (Titu). Titu further told him that after sometime, both Rohit Thakur and Yogesh Dudhiyacame in the room without the body of Nitish Chaudhary and said to Alok and Kamal Nagar that "isko (Titu) bhi mar dete hai". Titu further told him that Ashutosh @ Sonu Nagar said to his associates that he hided Nitish Chaudhary at somewhere or he threw body of Nitish Chaudhary in the canal.
14. PW-3 further deposed that on 06.06.2015, when his son Nitish Chaudhary was missing, he came to know from some public persons that he was seen with accused Sonu Nagar, Kamal Nagar, Rohit Thakur and Yogesh Dudhiya last time. He deposed that on 19.06.2015, at afternoon, he inquired from said four persons about Nitesh Chaudhary and they told him that Nitesh Chaudhary was with FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 21 of 93 them on 06.06.2015 till mid night. They further told him that after mid night they do not know where Nitesh Chaudhary has gone. Two years prior to this incident, a quarrel took place between his son Nitesh Chaudhary, Sonu Nagar and Kamal Nagar. Since then both the persons were having enmity with Nitesh Chaudhary. He deposed that he was under suspicion that all said four persons alongwith Alok killed Nitesh Chaudhary. He deposed that on 20.06.2015, he went to PS Sarita Vihar where he filed a complaint about incident vide Ex.PW3/A. He deposed that on 06.06.2015, when his son Nitesh Chaudhary was missing, he was having a Samsung mobile phone and Rs. 20,800/-. He deposed that on 19.06.2015, he recorded video clip of Titu from his two mobile phones. He deposed that in a video clip, he has told him repeatedly that he has told him about incident but said persons will not leave him and will kill him. Titu further told him that said persons threatened him that they will kill him and his family. He deposed that on 20.06.2015, he has told police whatever Titu told him about the incident on which police asked him to give the name of the persons who was told by Titu to him. Then, he gave the name of the said persons to the police. He deposed that on 20.06.2015, he has joined the investigation of this case alongwith Tittu and went to place of occurrence with the police official where crime team was called. He deposed that Crime team inspected the spot and lifted some articles and clicked the photographs of the spot. He deposed that Police prepared the site plan at instance of Tittu in his presence. He deposed that Police officials seized blood stained cloth and bed sheet from the FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 22 of 93 spot. He deposed that one brick having a blood stain was also seized by the police. He deposed that blood stains were also on the wall, same were sketched and collected from the wall by the police. He deposed that said articles were seized by the police and taken into their possession. He deposed that on 30.06.2015, he alongwith police official went to Sector-7, Faridabad in the search of the body of Nitesh Chaudhary where despite efforts, no information could be gathered regarding body of Nitesh Chaudhary. He deposed that on 10.07.2015, he alongwith police official went to PS Chandhat, Faridabad where no information could be gathered about body of Nitesh Chaudhary. He deposed that he alongwith police official went to several places at several times regarding the search of body of Nitesh Chaudhary but no information could be gathered. He deposed that on 06.04.2016, he had prepared a CD from his mobile phone regarding video clip of Tittu and also prepared transcript of the conversation of the video clip and got it typed. He deposed that he issued a certificate under section 65-B of Indian Evidence Act regarding preparing of CD vide Ex.PW3/B. The transcript of the video clips is Mark-A. CD of video clips prepared by him vide Ex.PW3/C.
15. PW-4Vikas Chaudhary deposed that on 21.06.2015, he joined investigation of this case. On that day, police officials came to his house and he alongwith them reached near park Ali Vihar, New Delhi where on his instance, police officials arrested Sonu Nagar, Rohit Thakur and Yogesh Dudhiya. After arresting those accused persons, they went to the spot of occurrence at H 50/1, third floor, Ali FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 23 of 93 Vihar, New Delhi. He deposed that from where Yogesh Dudhiya got recovered a rope lying on the slab of the room. There was blood stain on the rope. He deposed that Yogesh Dudhiya told them that he had hanged deceased from his leg by the window and gave him beatings. The said rope was taken to possession by the police vide seizure memo Ex.PW4/A and sealed with seal of VR. Thereafter, Rohit Thakur got recovered a wooden stick from roof of the building. The wooden stick was having blood stain. He deposed that Rohit Thakur told them that he gave beating to deceased by said wooden stick. He deposed that wooden stick was took into police station after sealing the same by seal of VR. Sealed wooden stick was taken to possession vide seizure memo Ex.PW4/B. Thereafter, accused Sonu Nagar got recovered an iron rod from the Almirah of inner room and said that accused Sonu Nagar gave beating on leg of deceased/Nitesh by said iron rod. Said iron rod was sealed with seal VR. He deposed that sealed iron rod was taken to police station vide seizure memo Ex.PW4/C. Thereafter, all three accused persons took them near the drain where they have thrown dead body of deceased/Nitesh and pointed out place of throwing dead body. IO recorded his statement and he was released. He identified Yogesh Dudiya, Sonu Nagar and Rohit Thakur before Court. He identified case property produced by MHC(M) i.e. one iron rod, one wooden stick and one plastic rope which were recovered in his presence from the spot vide Ex.P-1 (iron rod), P-2 (wooden stick) and P-3 (plastic rope).
16. PW-5 Rahul deposed that he was working as Diver. He FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 24 of 93 deposed that one police official namely Rana called him and 2 -3 other Divers to search the dead body in Agra canal. He deposed that they tried to find out the dead body in Agra Canal but the same was not found.
17. PW-6 Vikas deposed that one police official namely Mr. Rana had called him at Agra canal to find out dead body. He deposed that he does not remember month but date was 22 of 2015. He deposed that he tried to find out dead body in the Agra canal but same was not recovered. He was cross-examined by Ld. Addl. PP for State whereupon he deposed that he does not remember whether name of the person whose dead body he was asked to find out in Agra canal by the investigating officer was told as Nitish. He also did not remember whether it was month of June when he was called by police to find out the dead body at Agra canal.
18. PW-7 Harinder Prasad, Sr. Scientific Officer-II, Fingerprint deposed that he is a Science Graduate and have also qualified one year certificate course in Forensic Science from Delhi University and passed Fingerprint expert examination, he has examined more than 450 cases consisting more than 35,000 exhibits and attended more than 70 scene of crimes and number of courts for evidence. He deposed that on 24.06.2015, he visited House No. 50/1, Ali Vihar, New Delhi and examined scene of crime for development / detection of chance fingerprint. At the scene of crime, he detected four chance fingerprints and same were marked as Q-1 to Q-4 and they were photographed by the official photographer Mr. A.H. Ganvir, Sr. FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 25 of 93 Scientific Assistant, Photo Division in his presence. That he has reported vide his report No. CFSL2015/A-913 dated 30.06.2015 vide Ex.PW7/A. He deposed that on 28.07.2015, fingerprint slip of one person was sent to CFSL for comparison with above mentioned chance fingerprints. The questioned chance prints from Q-1 to Q-4 have been compared with specimen slips (S-1 to S-4) vide Ex.PW7/B- 1 to Ex.PW7/B-4 of one person and found Q-4 is identical with left thumb impression of Nitesh Kumar and same was reported vide report No. CFSL-2015/A-913 dated 14.09.2015 vide Ex.PW7/C. He produced summoned record before court i.e. one closed white envelope bearing particulars of present case and containing details of one 4GB SD card bearing Job No. 369/15 containing 88 images and four page hash value of 88 images. After opening the envelope, 4 pages of hash value of images Job No. 369/15 is taken out. The same is Ex.PW7/D which bears signature of Sh. Abhay H. Ganvir, Sr. Scientific Asstt. at point A on all the pages. One 4 GB SD card bearing the Job No. 369/15 is also taken out vide Ex.PW7/P-1. He also produced one yellow colour open envelope containing details of present case and having one DVD bearing Job No. 369/15 total 88 plus hash value of images. In the yellow envelope, one DVD bearing the JOB No. 369/15 total 88 plus hash value of images and particulars of present case is taken out vide Ex.PW7/P-2. DVD bears signature of Sh. Abhay H. Ganvir, Sr. Scientific Assistant at point A. He deposed that he identified signatures of Sh. Abhay H. Ganvir, Sr. Scientific Assistant as he has seen him signing during course of his official FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 26 of 93 duties
19. PW-8 Akhileshwar Pathak deposed that on 06.06.2015, he was present in plot No. 15 Jagdamba Mata Mandir, Aali Vihar, New Delhi. He deposed that at around 10:30 p.m., Nitesh came to temple and at that time, he was cooking his food. Nitesh had asked him to tell him about his stars. He asked Nitesh to come tomorrow as at that time he was cooking his food. Nitesh asked him to give him his phone as his phone was not charged. He had to call his mother. He gave his phone to Nitesh after dialing his mother's phone number. Nitesh talked with her mother. Nitesh had told him that he would come back soon to take his auto-rickshaw from the temple which was parked in front of gate of the temple and he was going to take dinner at his home. Nitesh went to his home. After half - one hour Vikas and his mother came to the temple. He opened the door of the temple. She told him that Nitesh had not come to home. He told her that Nitesh came to the temple and remained there for 10-15 minutes and thereafter he left for his home. Thereafter, Vikas and his mother went from the temple. Later on, 19/20.06.2051, he came to know that Nitesh was murdered by accused persons. Yesterday, one Malkhan Singh who is Sonu Nagar and Kamal's father came to his temple for showing his "panchang" and told him that tomorrow is the date of the case. He told him that he will depose the truth. Malkhan Singh came with one person whose name he does not know.
20. PW-9 B.K. Mohapatra, SSO-1, CFSL Lodhi Road deposed that on 23.07.2015, they received 10 sealed parcels related to FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 27 of 93 present case. He deposed that seals on parcels were intact and tallied with specimen seals. He de-sealed parcels before examination and carried out biological examination of exhibits as per query. Details of description of parcels and exhibits are mentioned in his report bearing No. CFSL-2015/D-1051 dated 17.11.2015 vide Ex. PW9/A. His findings in brief are as below:-
(I) DNA profile generated from the source of exhibits; 1(cotton wool swab), 2 (pieces of cloth), 3 (bed sheet), 8 (plastic rope) and 9 (wall scrapping) was found to be human male in origin and consistent with each other. The same was found to be consistent as biological son of Smt. Chunchun (source of exhibit 1- Blood stained gauze). He exhibited his report dated 17.11.2015 vide Ex. PW-9/A. He deposed that on 23.04.2018 in his statement blood sample of Chunchun mother of the deceased was submitted to their laboratory vide Ex.10 which was inadvertently mentioned as Ex.1 in his statement. After examination of the exhibits, the opinion was as below:-
1. Blood was detected on the exhibits 1, 2, 3, 8, 9 & 10.
2. Blood could not be detected on the exhibits 4, 6 & 7.
3. DNA profile generated from the source of exhibits: 1 (cotton wool swab), 2 (piece of cloth), 3 (Bedsheet), 8 (plastic rope) and 9 (Wall scrapping) was found to be human male in origin and consistent with each other. The same was found to be consistent as biological son of Smt. Chunchun (source of exhibit-10: Blood stained gauze). After completion of examination, the remnants of the exhibits were returned to the forwarding authority in sealed condition with the seals of FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 28 of 93 "BKM SSO I(BIO) CFSL CBI N.D." and seal of "Physics Division".
21. PW-10 Naresh Kumar Singh deposed that on 22.06.2015 and 23.06.2015, he went to Aali Vihar, Canal Colony on the instructions of Inspector Rana. He had videographed proceeding of search of something in canal by divers. Nothing could be found in the canal. He prepared CD and handed it over to IO Inspector Rana on 13.09.2015 vide Ex.PW10/P1.
22. PW-11 Smt. Chunchun deposed that on 06.06.2015 at around 9:00 p.m. - 9:30 p.m., his elder son namely Nitesh Kumar Chaudhary came to a temple in Jagdamba colony. He had called her on her mobile phone from mobile phone of priest of the temple. He told her that his mobile was switched off and so he was calling from mobile phone of Panditji. Nitesh asked her whether dinner was ready. He told her that he was coming to home. She waited for him for half to one hour but he did not come. On this, she alongwith her younger son namely Vikas went to the temple. She met Panditji who informed her that Nitish had gone from the temple. She came back to her house. She inquired here and there in her locality but she could not get any whereabouts of her son Nitesh. She deposed that on 07.06.2015 at around 7:30 - 8:00 a.m., she went to PS Sarita Vihar and got recorded her complaint. She was accompanied with her sister in PS Sarita Vihar. She again went to the temple and thereafter she came back to her home. On 15.07.2015, she alongwith a lady constable went to AIIMS hospital. Her blood sample was taken in hospital. She gave her consent for DNA profiling vide Ex.PW11/A. FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 29 of 93
23. PW-12 Dr. Adarsh Kumar, Professor Forensic Medicines, AIIMS, New Delhi deposed that he had come on behalf of Dr. Hari Prasad as he has left the services of hospital and his whereabouts are not known. Dr. Hari Prasad was his student and he worked under him and he has seen him signing and writing during course of his duty. He saw blood collection report for DNA analysis prepared by Dr. Hari Prasad vide Ex.PW11/A.
24. PW-13 Abhay H. Ganvir, Sr. Scientific Assistant, Photo Division, CFSL CBI, New Delhi deposed that on 24.06.2015, he was posted as Scientific Assistant at CFSL CBI New Delhi. On that day, he alongwith team went at H. No. 50/1, Aali Vihar, New Delhi. On instructions of fingerprint expert, he had taken photographs at the spot of occurrence as a general coverage and marked chance print Q1 to Q4. The said photographs are Ex.PW13/P1 to Ex.PW13/P4. The photographs of general coverage area of scene of crime including chance prints were stored in a CD and the same was handed over to Sh. Harender Prasad alongwith memory card. The document Ex.PW7/D available on judicial file was shown to the witness to which he stated that this is the document of Hash Value of images Job No. 369-2015 pertaining to this case. One memory card of 4 GB Ex.PW7/P1 make Kingston was shown to the witness who stated that it contains photographs of scene of crime taken at the spot. One CD Ex.PW7/P2 was also shown the witness to which stated that this CD contains images mentioned in the document Ex.PW7/D pertaining to the scene of crime. The CD was played in the computer system which FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 30 of 93 displayed the material i.e. 88 images on the computer screen and was also shown to the witness to which he stated that these are the images taken by him at the spot vide Ex.PW13/A1 to Ex.PW13/A88. He deposed that he may state that contents in memory card are the same as in CD Ex. PW-7/P-2.
25. PW-14 HC Rajesh Kumar deposed that on 21.06.2015, he alongwith Inspector Virender Singh Rana, SI Rakesh and HC Veer Dass had gone to Ali Vihar in the investigation of the present case. In Ali Vihar, Vikas met IO and they discussed regarding involvement of offenders in the present case and he informed that Rohit Thakur, Yogesh @ Dudhiya and Sonu Nagarare available in the park near Lal Mandir. They all reached in the said park where Vikas pointed out towards these three persons. They all were apprehended and their names were confirmed by the IO. IO interrogated them. Their disclosure statements were recorded and arrest papers were prepared. They all pointed out the house of incident which was H. No. H-50/1, Third Floor where they had caused beatings of Nitesh. Accused Yogesh got recovered from the said house from inside the kitchen from a slab one rope of plastic and on measurement, it was found 122 foot in length and accused Rohit got recovered a danda used in the incident which was lying on the roof of house. On measurement of danda, it was found 168 cm in length. Thereafter, Sonu Nagar got recovered an iron rod (saria) from the almirah of the room. It was found on measurement 90 cm in length. On checking, the rope, danda as well as iron rod were having stains of blood on them. They were all FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 31 of 93 sealed in separate cloth pullandas with the seal of VR. He deposed that he did not sign any document. He deposed that on 23.06.2015, he had taken Saurabh @ Titoo witness of the case on the instruction of IO to AIIMS Trauma Centre where he was medically examined. He had handed over the MLC of witness to IO on his return. He deposed that on 24.06.2015, he alongwith SI Nagender Nagar and Inspector Virender Rana had reached at Sewa Sadan where Alok was present. SI Nagender being juvenile officer had prepared documents of apprehension of Alok who was stated to be juvenile at that time. His brother Anoop Singh was also present. Alok's apprehension memo is Ex.PW14/A and his personal search memo is Ex.PW14/B. He deposed that on 04.07.2015, he was again joined in the investigation of this case by Inspector Rana and he alongwith IO reached at Ali Vihar in the jungal area where a secret informer informed to the IO that one person namely Kamal involved in the present case is present in the jungal. Informer pointed out towards a person and he was apprehended and his name was found to be Kamal. He was interrogated by the IO and then arrested in the case vide arrest memo Ex.PW14/C and personally searched vide memo E.xPW14/D. He correctly identified accused persons before court. He deposed that on 23.07.2015, he had taken the exhibits of this case from the Malkhana of PS Sarita Vihar vide RC No. 96/21/15 to the office of CFSL, Lodhi Road and he deposited the exhibits there and he had obtained a receipt for depositing the exhibits which he had given to MHC (M) on his return. Till pullandas remained in his custody, they were not tampered FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 32 of 93 with in any manner. The copy of RC is Ex.PW14/E. He deposed that on 27.08.2015, on the instructions of IO Inspector Virender Rana, he had taken one application to the office of Dossier Cell, South District. From there, he had collected finger print, foot print and palm print of Nitesh which he handed over to IO and which were seized by IO vide seizure memo Ex.PW14/F. He had taken these prints to the office of CFSL, Lodhi Colony and deposited there.
26. PW-15 SI Nagender Nagar deposed that on 24.06.2015, he was working as JWO in PS Sarita Vihar and on that day, on the basis of information received from Inspector V.S. Rana, he had gone to Ali Vihar where Inspector V.S. Rana with Ct. Rajesh one JCL APS and his brother were present. He was informed by the IO about the facts and circumstances of the case. Then they brought JCL APS and his brother to Sewa Sadan Bhawan near Police Station Sarita Vihar and IO Inspector V.S. Rana made inquiry from JCL APS in presence of his brother Anoop. Thereafter, JCL APS was apprehended in this case and his apprehension memo Ex.PW14/A was prepared. IO Inspector V.S. Rana prepared intimation of apprehension, he also prepared social background report of JCL APS vide Ex.PW15/A. Personal search memo of JCL was prepared vide Ex.PW14/B. The version of JCL was also recorded by IO vide Ex.PW15/B. JCL at that time disclosed his involvement in this case. He correctly identified accused Alok Pratap Singhbefore Court.
27. PW-16 SI Sitaram deposed that on 30.06.2015, on the direction of the IO Inspector V.S. Rana, he alongwith HC Virender and FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 33 of 93 complainant Ramanand Chaudhary went to the police station Sadar, Ballabgarh, Haryana, Sector-7, Faridabad and PS Chant, Palwal, Haryana in order to find out the information of the dead body of Nitish, however, after checking record of these police stations, no clue could be found about the dead body of Nitish. Thereafter, they returned to PS and IO recorded his statement in this regard.
28. PW-17 ASI Birender Singh deposed that on 30.06.2015, he alongwith SI Sitaram and one Ramanad Chaudhary went to PS Sector-7, Faridabad in search of body of Nitish but no clue could be found in the said police station. SI Sitaram got made a DD entry in this regard in the police station. Then they went to PS Sadar, Ballabgarh for the same purpose but there also no clue could be found about dead body of deceased. Thereafter, they went to PS Chandhut, District Palwal in order to make search of deceased Nitish but there also no clue could be found. DD entry was got recorded at PS Chandhut in this regard. Thereafter, they returned to PS and brought the copy of DD entries. On 10.07.2015, he on instructions of IO Inspector V.S. Rana went to PS Alawalpur, PS Palwal to make search of body of Nitish but no clue could be found. He got recorded a DD entry in this regard at the said police post. On 11.07.2015, he on instructions of IO Inspector V.S. Rana went to PS Chandhut, Palwal to make search of body of Nitish but no clue could be found. He got recorded a DD entry in this regard at the said police station. On 20.08.2015, he on instructions of IO Insp. V. S. Rana went to Police Post Alawalpur, PS Palwal and PS Chandhut, Palwal to make search FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 34 of 93 of body of Nitish but no clue could be found. He got recorded a DD entry in this regard at the said police post and in the police station. He handed over the copies of the DD entries to IO in this regard. The DD entry No. 16 dated 22.08.2015 at PS Chandhut is Ex.PW17/A, DD entry No. 8 dated 22.08.2015 of PP Alawalpur is Ex.PW17/B, DD no. 11 dated 11.07.2015, PS Chandhut is Ex.PW17/C and DD No. 4 dated 10.07.2015 of PP Alawalpur is Ex.PW17/D. He deposed that he wrongly spoke the date as 20.08.2015 rather it was 22.08.2015. IO recorded his statement in this regard.
29. PW-17 ASI Birender Singh deposed that in 30.06.2015, he was posted as HC at Police Station Sarita Vihar. On that day, he had joined investigation of present case with SI Sitaram and Ramanand Chaudhary. They went to PS Sector 7 Faridabad in search of body of Nitish but no clue could be found in said police station in this regard. SI Sitaram had made a DD entry in this regard in said police station. Thereafter, they went to PS Sadar, Ballabgarh for same purpose but there also no clue could be found about dead body of deceased Nitish. SI Sitaram had made a DD entry in this regard in said police station. Thereafter, they went to PS Chandhut, District Palwal in order to make search of deceased Nitish but there also no clue could be found. SI Sitaram had made a DD entry in this regard in said police station. Thereafter, they returned to police station and brought copy of DD entries. He deposed that on 10.07.2015, he on the instruction of IO Inspector V.S. Rana, went to police post Alawalpur, Police Station Palwal to make search of body of Nitish but no clue could be found.
FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 35 of 93 He got recorded a DD entry in this regard at the said police post. On 11.07.2015, he on the instruction of IO Inspector V.S. Rana went to police station Chandhut, Palwal to make search of body of Nitish but no clue could be found. He got recorded a DD entry in this regard at the said police station. He deposed that on 22.08.2015, he on the instruction of IO Inspector V.S. Rana went to police post Alawalpur, Police Station Palwal and PS Chandhut, Palwal to make search of body of Nitish but no clue could be found. He got recorded a DDs entry in this regard at the said police post and in the police station. He deposed that he handed over copies of the DDs entries to IO in this regard. DD entry no.16 dated 22.08.2015 at PS Chandhut Ex.PW17/A, DD entry no. 8 dated 22.08.2015 of PP Alawalpur Ex.PW17/B. DD No.11 dated 11.07.2015, PS Chandhut is Ex.PW17/C. DD No.4 dated 10.07.2015 of PP Alawalpur Ex.PW17/D. DD entry No.17 dated 30.06.2015 PS Sadar Bazar is Ex.PW17/E, GD No. 16A, Sector 7, District Faridabad is Ex.PW17/F, DD No.19 of PS Chandhat, District Palwal is Ex.PW17/G. IO recorded his statement in this regard.
30. PW-18 W/Constable Bhaganti deposed that on 15.07.2015 on the directions of IO Inspector V.S. Rana, she took one Ms. Chunchun for the purpose of her MLC and blood sample. IO also gave her an application to this effect in the name of doctor. In the Hospital, MLC of Chunchun was got prepared, took blood sample of Chunchun and her DNA profile. Doctor gave her said blood sample with DNA Profile in sealed condition alongwith MLC and she handed over the said items to IO Inspector V.S. Rana in sealed condition. IO FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 36 of 93 seized the same through seizure memo Ex.PW18/A.
31. PW-19 SI Rakesh deposed that on 20.06.2015, he was posted at PS Sarita Vihar. On 07.06.2015, while he was posted at PS Sarita Vihar, he received DD No.33-B Ex.PW11/DA regarding missing of Nitesh. In accordance with the said DD, he conducted required procedure i.e. information was uploaded upon Zip net and flashed the message on wireless. Letter were written to CBI and NCRB and missing persons Squad but no clue of missing person could be found. On 20.06.2015, complainant Ramanand, father of Nitesh came to police station and he gave him a written complaint vide Ex.PW3/A and he has mentioned suspects Sonu Nagar, Rohit, Yogesh and Sonu Nagar's brother as the persons who kidnapped his son. He made his endorsement Ex.PW19/A upon the said statement and then got registered FIR of present case. After registration of FIR, investigation was took over by Inspector V.S. Rana. On the same day, Inspector V.S. Rana, IO made inquiry from the local persons and complainant also. IO called CFSL Team at H-50/1, Ali Vihar because one Teetu had informed IO some clue about murder of Nitesh by the aforesaid suspects at the said place. CFSL team from 3 rd floor of the house No. H-50/1, Ali Vihar had collected blood sample. The blood stained mattress cover also recovered after cut the same. The blood stains were also found on the wall and the said blood stains material were also collected. IO sealed the said exhibits in separate parcels with his seal of VR and seized the same through seizure memo Ex.PW19/B. The sealed parcels were handed over to HC Veerdass FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 37 of 93 with the seal. IO prepared pointing out memo of the aforesaid spot at the instance of Teetu. Again said, IO prepared the site plan at the instance of Teetu. Thereafter, they returned to the police station. IO recorded his statement in this regard.
32. PW-19 SI Rakesh further deposed that on 20.06.2015, he had been part of inspection carried by expert from CFSL, CBI. During course of inspection, the photographer from the said CBI team clicked photographs from scene of crime as well as from Agra Canal and its surrounding area situated at a distance 200 meter approx from scene of crime. 114 photographs Ex.PW22/B (colly) were shown to the witness who identified them to be the photographs of the scene of crime as well as Agra canal and its surrounding area. On 21.06.2015, he again joined investigation on the direction of the IO Inspector V.S. Rana. Thereafter, he alongwith him, HC Veer Das and Ct. Rajesh reached house of complainant at Ali Vihar, Delhi and IO met Sh. Vikas, son of complainant and talked to him. He did not hear the said conversation. Pursuant to the information/input received by the IO from said Vikas, they went to a park little ahead Jagdamba Mandir and Agra canal. Vikas also remained with them. When they reached the said park, Sonu Nagar, Rohit Thakur and Yogesh @ Dudhiya were found present in the corner of park. They overpowered and apprehended them. They were interrogated by IO. They were arrested. Arrest memo of accused Sonu Nagar is Ex.PW19/C. Arrest memo qua accused Yogesh @ Dudhiya is Ex.PW19/D. Arrest memo qua accused Rohit Thakur is Ex.PW19/D (in actual court record, the same is FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 38 of 93 Ex.PW19/E). Their personal search was also conducted. Personal search memo of accused Ashutosh @ Sonu Nagar is Ex.PW19/E. Personal search memo qua accused Yogesh @ Dudhiya is Ex.PW19/F. Personal search memo qua accused Rohit Thakur is Ex.PW19/G. They were interrogated and their disclosure statements were recorded. Disclosure statement of accused Ashutosh @ Sonu Nagar is Ex.PW19/H. Disclosure statement qua accused Yogesh @ Dudhiya is Ex.PW19/I. Disclosure statement qua accused Rohit Thakur is Ex.PW19/J. Pursuant to their disclosure statements, the said accused persons led police team to scene of crime i.e. House no. H-50/1, Ali Vihar, 3rd floor. accused Yogesh @ Dudhiya got recovered a blue and white colour plastic rope measuring 122.4 cm from the slab of kitchen. IO converted the said rope into a pullanda and sealed the same with seal of 'VR' and seized the same vide seizure memo Ex.PW4/A. Accused Rohit got recovered one wooden stick from the roof top of the house. It was converted into parcel, sealed with the seal of 'VR' and seized vide seizure memo Ex.PW4/B. Accused Ashutosh @ Sonu Nagar had also got recovered an iron rod from an almirah kept in the house of accused Ashutosh @ Sonu Nagar. The same was also converted into parcel, sealed with seal of 'VR' and seized vide seizure memo Ex.PW4/C. All the said articles were found to have blood stains on them. The said seal after use was handed over to HC Veer Dass. He deposed that he does not remember if any memo was prepared in this regard. From scene of crime, accused persons led police party to Agra canal and pointed out the place where they threw FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 39 of 93 dead body of deceased. IO prepared individual pointed out memo in this regard. The pointing out memo qua accused Ashutosh @ Sonu Nagar is Ex.PW19/K. The pointing out memo qua accused Yogesh @ Dudhiya is Ex.PW19/L. The pointing out memo qua accused Rohit Thakuris Ex.PW19/M. From the said places, they proceeded to police station where IO recorded his statement. He identified accused Rohit Thakur, accused Yogesh @ Dudhiya and accused Ashutosh @ Sonu Nagar in Court. He identified plastic rope Ex.P3 produced by MHC(M) which was got recovered as stated above. Ld. Addl. PP for State sought permission to put leading question with regard to size of Ex.P3. In leading question asked by Ld. Addl. PP for State, witness admitted length of Ex.P3 as 122 feet 4 inch. Witness also identified the case property i.e. iron rod vide Ex.P1, which was recovered as stated above. Witness also identified the case property i.e. bamboo stick vide Ex.P2 which was recovered as stated above. He deposed that on 30.06.2015, on instructions of IO, he got the statement of eye witness Titu recorded u/s 164 Cr.P.C. vide Ex.PW1/A. The application moved by him for recording the said statement is Ex.PW19/N.
33. PW-19 SI Rakesh further deposed after apprehension of accused Ashutosh @ Sonu Nagar when he was again examined that on 07.06.2015, he was posted as SI at PS Sarita Vihar. On that day at about 11:10 a.m., Smt. Chunchun wife of Ramanand Chaudhary R/o B-152, Gali No. 15, Aali Vihar, Sarita Vihar, New Delhi had come to PS who had informed about missing of his son Nitish since 06.06.2015 from 11 p.m. On the basis of her information, DD No. 33B FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 40 of 93 dated 07.06.2015 was lodged at PS Sarita Vihar. The said DD was assigned to me for search of missing person and necessary action. Thereafter, I had searched the missing person. He deposed that during course of inspection, photographer from said CBI team clicked photographs from scene of crime as well as from Agra Canal and its surrounding area situated at a distance 200 meter approx from scene of crime. 114 photographs Ex.PW22/B (colly) are shown to the witness who identified them to be the photograph of the scene of crime as well as Agra canal and its surrounding area. He deposed that on 21.06.2015, he again joined investigation of the case on direction of IO Inspector V.S. Rana. Thereafter, he alongwith IO, HC Veer Das and Ct. Rajesh reached at house of complainant at Aali Vihar, Delhi and IO met with Mr. Vikas (brother of deceased, son of complainant) and talked to him. He did not hear the said conversation. Pursuant to information / input received by IO from said Vikas, they all went to a park little ahead Jagdamba Mandir and Agra canal. When they reached the said park, Ashutosh @ Sonu Nagar, Rohit Thakur and Yogesh @ Dudhiya were found present in the corner of park. As per direction of IO, accused persons overpowered and apprehended by them. On inquiry, name of accused persons were revealed by them. They were interrogated and arrested by the IO. Accused Ashutosh @ Sonu Nagar was arrested vide arrest memo Ex.PW19/C. Accused Yogesh @ Dudhiya was arrested vide arrest memo Ex.PW19/D. Accused Rohit Thakur was arrested vide arrest memo Ex.PW19/D. Their personal search was also conducted. Personal search memo of accused FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 41 of 93 Ashutosh @ Sonu Nagar is Ex.PW19/E. Personal search memo qua accused Yogesh @ Dudhiya is Ex.PW19/F. Personal search memo qua accused Rohit Thakur is Ex.PW19/G. He deposed that they were interrogated and their disclosure statements were recorded. Disclosure statement qua accused Ashutosh @ Sonu Nagar is Ex.PW19/H. Disclosure statement qua accused Yogesh @ Dudhiya is Ex.PW19/I. Disclosure statement qua accused Rohit Thakur is Ex.PW19/J. Pursuant to their disclosure statement the said accused persons led police team to the scene of crime i.e. House no. H50/1, 3 rd floor, Aali Vihar. Accused Yogesh @ Dudhiya got recovered a blue and white colour plastic rope measuring 122 feet 4 inch from the slab of kitchen. IO converted the said rope into a pullanda and sealed the same with the seal of 'VR' and seized the same vide seizure memo Ex.PW4/A. Accused Rohit got recovered one wooden stick from the roof top of the house. It was converted into parcel, sealed with the seal of 'VR' and seized the same vide seizure memo Ex.PW4/B. Accused Ashutosh @ Sonu Nagar also got recovered an iron rod from an almirah kept in his house. The same was also converted into parcel, sealed with the seal of 'VR' and seized the same vide seizure memo Ex.PW4/C. All the said articles were found to have blood stains on them. The said seal after use was handed over to HC Veer Dass. Mr. Vikas was also present during the proceedings conducted by the IO. Thereafter, from the scene of crime, accused persons led the police party to Agra canal and pointed out the place where they had thrown the dead body of deceased Nitish. IO prepared individual pointed out FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 42 of 93 memo in this regard at the instance of accused persons. Pointing out memo of accused Ashutosh @ Sonu Nagar is Ex.PW19/K. Pointing out memo qua accused Yogesh @ Dudhiya is Ex.PW19/L. Pointing out memo qua accused Rohit Thakur is Ex.PW19/M. Thereafter, from the said places, they proceeded to police station where IO recorded his statement.
34. PW-19 SI Rakesh further deposed that on 30.06.2015, he had moved an application before Ld. MM Sh. Arvind Bansal for recording of statement u/s 164 Cr.P.C. of eye witness Titu. Application moved by him for recording said statement is Ex.PW19/N. Same was marked to link Ld. MM Ms. Sheetal Chaudhary Pradhan. On 01.07.2015, statement of Titu was recorded u/s 164 Cr.P.C. by the Ld. MM. I had collected the statement of witness from the concerned Court and handed over to IO. Statement u/s 164 Cr.P.C. is Ex.PW1/A. He correctly identified accused Ashutosh @ Sonu Nagar before court. He correctly identified case property i.e. plastic rope which was got recovered at the instance of accused Yogesh @ Dudhiya. Same vide Ex.P3, iron rod which was recovered at the instance of accused Ashutosh @ Sonu Nagar vide Ex.P1, bamboo stick which was recovered at the instance of accused Rohit Thakur vide Ex.P2, plastic tube (Ex.1) containing cotton wool swab on a wooden stick (blood in gauze) which was lifted from the scene of crime vide Ex.P3. Envelope also found contained one pink tag bearing the particulars of CFSL Number. He correctly identified case property i.e. plastic container (Ex.2) in which two pieces of cloth having reddish brown stains FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 43 of 93 described as 'Two Pieces of gadda containing blood stains' the seal was broken and doctor tape was cut by the CFSL examiner. The container is also having a red paper tag on which the details of CFSL are mentioned which was lifted from the scene of crime. Two pieces of gadda are exhibited as Ex.P4, one bed sheet (Ex.3) having reddish brown stains at few places described as 'Blood stained bed sheet' having a tag of pink colour paper on which details of CFSL no. is mentioned which was lifted from the scene of crime. Same is exhibited as Ex.P5, Bed sheet is exhibit as EX.P5, one brick (Ex.4) having a mark of A (swastik mark) N containing whitewash, cement and blood stains which was lifted from the scene of crime. Brick is exhibited as Ex.P6, one plastic container duly taped with doctor tape having the seal of 'VP' on the lid, the doctor tape was cut for the examination of exhibit i.e. control Scrapping from wall in a paper sheet same is in a transparent plastic pouch (Ex.5) which was lifted from the scene of crime, same is exhibit as EX.P7.
35. PW-20 Head Constable Harender Kumar, deposed that on 20.06.2015, he was posted as MHC (M) at PS Sarita Vihar. He deposed that on that day, Inspector V.S. Rana had deposited in the Malkhana five sealed parcels bearing seal of VR. He recorded Entry No. 1837 in the register No.19 of Malkhana vide Ex.PW20/A. On 21.06.2015, while he was working as MHCM, Inspector V.S. Rana had deposited three sealed parcels in the Malkhana. He recorded entry no. 1838 in the register No.19 of Malkhana vide Ex.PW20/B. On 24.06.2015, Inspector V.S. Rana had deposited one sealed parcel in the FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 44 of 93 Malkhana. He recorded Entry No. 1842 in the register No.19 of Malkhana vide Ex.PW20/C. On 15.07.2015, Inspector V.S. Rana had deposited one sealed parcel alongwith sample seal of the AIIMS Hospital in the Malkhana. He recorded Entry No. 1877 in the register No.19 of Malkhana vide Ex.PW20/D. On 23.07.2015, he handed over ten sealed parcels with one sample seal to constable Rajesh for depositing the same with the FSL through Road Certificate No.96/21/15. In this regard, he recorded a note which is Mark-A against the entry Ex.PW20/A. (Original Register No. 19 seen and returned). The copy of Road Certificate No. 96/21/15 is Ex.PW20/E.
36. PW-21 Head Constable Hari Chand deposed that he brought the summoned record i.e. the personal information of accused Nitesh Kumar, S/o Sh. Ramanand Chaudhary, R/o H.No.B152, Ali Vihar, Sarita Vihar, New Delhi from Dossier Cell. The dossier of accused Ex.PW21/A comprising of nine sheets and containing his personal information including the record of his previous involvement in criminal cases.
37. PW-22 Sh. Pradeep Kumar Gottam, Principal Scientific Officer, CFSL, CBI, Lodhi Road, New Delhi deposed that on 20.06.2015, pursuant to a request received from Delhi Police, on the directions of Director, CFSL, CBI, New Delhi, he alongwith Dr. B.K. Mohapatra, SSO1 (Bio) visited 3rd floor of H-50/1, Gali No. 2, Bhim Colony, Auli Vihar, PS Sarita Vihar. Six/seven police officials including 2/3 public persons were present at the time of inspection. They examined scene of crime. Blood stains on bed sheet, floor of the FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 45 of 93 room, finger prints on the wall/white wash, iron rod and wooden rod, plastic rope, bricks were found on the scene of crime. They were examined by the said team. He did photography of entire premises and Agra canal situated at about 200/250 meters away from premises through his digital camera make Canon 550D, which was stored in memory card make SanDisk 4GB. The carton/packing of the Sandisk is open/torn but it is bearing FIR No. 493/15, PS Sarita Vihar, H-50/1, 3rd floor, Bhim Colony, Auli Vihar and 114 images. On the front of the packing, it bears his signature and date at point A. The said packing also bears CFSL Photo Job number 364/15. Memory card also bears his signature at point B. He has brought the said original memory card containing 114 photographs taken by him as above. The said memory card is taken on record vide Ex.PW22/A. The said inspection was carried out by the said team in between 8:30 p.m. to 10 p.m. During course of clicking the said photograph, his said official camera remained functional. Pursuant to a request dated 17.12.2021 received from Inspector Vijender Rana SHO PS Lahori Gate in CFSL, CBI, he provided the said images in a PEN Drive to the said Inspector for getting their printout. IO Inspector Vijender Rana had produced printout of said 114 images running into 29 pages. Same were taken on record and marked as Ex.PW22/B (collectively) (Objected to by Ld. Defence Counsels as the same is not part of charge-sheet and has been brought today by IO and not the witness). The exhibits collected by Dr. Mohapatra were sealed and were handed over to IO.
38. PW-22 Sh. Pradeep Kumar Gottam, Principal Scientific FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 46 of 93 Officer, CFSL, CBI, Lodhi Road, New Delhi when examined again after apprehension of accused Ashutosh @ Sonu Nagar, deposed that on 20.06.2015, he was posted as Sr. Scientific Officer Grade-C at CFSL, CBI, Lodhi Road, New Delhi. On that day, pursuant to a request received from Delhi Police, on directions of Director, CFSL, CBI, New Delhi, he alongwith Dr. B.K. Mohapatra, SSO1 (Bio) visited 3rd floor of H-50/1, Gali No. 2, Bhim Colony, Auli Vihar, PS Sarita Vihar. Six/seven police officials including 2/3 public persons were present at the time of inspection. They examined scene of crime. Blood stains on bed sheet, floor of the room, finger prints on the wall/white wash, iron rod and wooden rod, plastic rope, bricks were found on the scene of crime. They were examined by them. He had done photography of entire premises and Agra canal situated at about 200/250 meters away from premises through his digital camera make Canon 550D, which was stored in memory card make San Disk 4GB. Carton/packing of Sandisk is open/torn but it is bearing FIR No. 493/15, PS Sarita Vihar, H-50/1, 3rd floor, Bhim Colony, Auli Vihar and 114 images. On front of the packing, it bears his signature and date at point A. Said packing also bears CFSL Photo Job number 364/15. Memory card also bears his signature at point B. He deposed that on 20.12.2021, he had brought said original memory card containing 114 photographs taken by him as above during his evidence recorded on 20.12.2021. Said memory card was taken on record vide Ex.PW22/A. Said inspection was carried out by our team in between 8:30 p.m. to 10 p.m. During the course of clicking the said FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 47 of 93 photographs, my said official camera remained functional. Pursuant to a request dated 17.12.2021 received from Inspector Vijender Rana SHO PS Lahori Gate in CFSL, CBI, he provided said images in a PEN Drive to said Inspector for getting their printout. He deposed that on 20.12.2021, IO Inspector Vijender Rana had produced printout of said 114 images running into 29 pages. Same were taken on record and marked as Ex.PW22/B (collectively). Exhibits collected by Dr. Mohapatra were sealed and were handed over to IO.
39. PW-23 ASI Vir Dass deposed that on 20.06.2015, he had joined the investigation of the present case alongwith SI Rakesh Kumar and Inspector V.S. Rana. Complainant and Saurabh @ Titu had also joined the investigation with them. They left the PS and reached at house No. H-50/1, Aali Vihar, New Delhi. The CFSL/CBI team Lodhi Road also accompanied them when they reached at the above said house. The CFSL team had inspected the third floor of the said house. The blood stained exhibits i.e. brick, bed sheet, mattress cover and cloth of part of mattress and blood stain was lifted from the floor and part of white wash of the wall after scratching the same. The exhibits were converted into parcel and sealed with the seal of VR and taken into possession vide seizure memo Ex.PW9/B by Inspector V.S. Rana. The details of the exhibits were mentioned in the seizure memo. The seal after use was handed over to him after its use by the IO. The site plan was prepared at the instance of Saurabh @ Titu. His statement was recorded by the IO. On 21.06.2015, he again joined investigation on the direction of the IO Inspector V.S. Rana.
FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 48 of 93 Thereafter, he alongwith SI Rakesh and Ct. Rajesh reached house of the complainant at Ali Vihar, Delhi and IO met Vikas, son of complainant and talked to him. He did not hear the said conversation. Pursuant to the information / input received by IO from said Vikas, they went to a park little ahead Jagdamba Mandir and Agra canal. Vikas also remained with them. When they reached the said park, accused Ashutosh @ Sonu Nagar, Rohit Thakur and Yogesh @ Dudhiya were found present in the corner of park. They overpowered and apprehended them. They were interrogated by IO and were arrested vide memo qua accused Ashutosh @ Sonu Nagar is Ex. PW19/C. Arrest memo qua accused Yogesh @ Dudhiya is Ex.PW19/D. Arrest memo qua accused Rohit Thakur is Ex.PW19/E. Their personal search was also conducted. The personal search memo qua accused Ashutosh @ Sonu Nagar is Ex.PW19/E. The personal search memo qua accused Yogesh @ Dudhiya is Ex.PW19/F. The personal search memo qua accused Rohit Thakuris Ex.PW19/G. They were interrogated and their disclosure statements were recorded. The disclosure statement qua accused Ashutosh @ Sonu Nagar is Ex.PW19/H. The disclosure statement qua accused Yogesh @ Dudhiya is Ex.PW19/I. The disclosure statement qua accused Rohit Thakur is Ex.PW19/J. Pursuant to their disclosure statement the said accused persons led the police team to the scene of crime i.e. House no. H50/1, Ali Vihar, 3rd floor. Accused Yogesh @ Dudhiya got recovered blood stained blue and white colour plastic rope measuring 122.4 feet from the slab of kitchen. IO converted the said rope into a FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 49 of 93 pullanda and sealed the same with the seal of 'VR' and seized the same vide seizure memo Ex.PW4/A. Accused Rohit got recovered one wooden stick from the roof top of the house. It was converted into parcel, sealed with seal of 'VR' and seized vide seizure memo Ex.PW4/B. Accused Ashutosh @ Sonu Nagar had also got recovered an iron rod from an almirah kept in his house. The same was also converted into parcel, sealed with the seal of 'VR' and seized vide seizure memo Ex.PW4/C. All the said articles were found to have blood stains on them. From scene of crime, accused persons led police party to Agra canal and pointed out the place where they threw dead body of deceased. IO prepared individual pointing out memo in this regard. The pointing out memo qua Ashutosh @ Sonu Nagar is Ex.PW19/K. The pointing out memo qua accused Yogesh @ Dudhiya is Ex.PW19/L. The pointing out memo qua accused Rohit Thakur is Ex.PW19/M. From the said places, they proceeded to police station where IO recorded his statement. Witness identified accused Rohit Thakur, Yogesh @ Dudhiya and Ashutosh @ Sonu Nagar before the Court. He correctly identified case property vide Ex. P-1, P-2 and P-3.
40. PW23 ASI Vir Dass when examined again after apprehension of accused Ashutosh @ Sonu Nagar, deposed that on 20.06.2015, he was posted as Head Constable at PS Sarita Vihar. On that day, he had joined investigation of present case alongwith SI Rakesh Kumar and Inspector V.S. Rana. Complainant Ramanand and Saurabh @ Titu had also joined investigation with them. They left PS and reached at house No. H-50/1, Aali Vihar, New Delhi. Officials of FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 50 of 93 CFSL/CBI, Lodhi Road had also accompanied them when they reached at above said house. CFSL team had inspected third floor of above said house in my presence. Blood stained exhibits i.e. brick, bed-sheet, mattress cover and cloth of part of mattress and blood stain was lifted from floor and part of white wash from the wall after scratching the same. Exhibits were converted into parcels and sealed with seals of VR and the details of exhibits were mentioned in the seizure memo vide which same were taken into possession vide Ex.PW9/B prepared by Inspector V.S. Rana. Seal after use was handed over to him by the IO. Site plan was prepared at the instance of Saurabh @ Titu. His statement was recorded by the IO. He deposed that on 21.06.2015, he again joined investigation of case on direction of IO Inspector V.S. Rana. Thereafter, he alongwith SI Rakesh and Ct. Rajesh reached at the house of complainant at Aali Vihar, Delhi and they met Vikas, son of complainant and IO had talked with him. He had not heard conversation between them. Pursuant to information/ input received by IO from said Vikas, they alongwith Vikas went to a park little ahead Aali Vihar Lal mandir near Agra canal. When they reached in said park and accused Ashutosh @ Sonu Nagar, Rohit Thakur and Yogesh @ Dudhiya were found present in the corner of park. They were overpowered and apprehended by them. Name of accused persons revealed by them on inquiry. They were interrogated by the IO. Accused Ashutosh @ Sonu Nagar was arrested vide memo Ex.PW19/C. Accused Yogesh @ Dudhiya was arrested vide memo Ex.PW19/D. Accused Rohit Thakur was arrested vide memo FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 51 of 93 Ex.PW19/E. Personal search memo qua accused Ashutosh @ Sonu Nagar is Ex.PW19/E. Personal search memo qua accused Yogesh @ Dudhiya is Ex.PW19/F. Personal search memo qua accused Rohit Thakur is Ex.PW19/G. Accused persons were interrogated and their disclosure statements were recorded. Disclosure statement qua accused Ashutosh @ Sonu Nagar is Ex.PW19/H. Disclosure statement qua accused Yogesh @ Dudhiya is Ex.PW19/I. Disclosure statement qua accused Rohit Thakur is Ex.PW19/J.
41. PW 23 ASI Vir Dass deposed that pursuant to their disclosure statements, the said accused persons led police team to scene of crime i.e. House No. H50/1, Aali Vihar, 3 rd floor. Accused Yogesh @ Dudhiya got recovered blood stained blue and white colour plastic rope measuring 122.4 feet from the slab of kitchen. IO converted the said rope into a pullanda and sealed the same with the seal of 'VR' and seized the same vide seizure memo Ex.PW4/A. Accused Rohit got recovered one wooden stick from the roof top of the said house. The wooden stick was converted into parcel and sealed with the seal of 'VR' and taken into possession vide seizure memo Ex.PW4/B. Accused Ashutosh @ Sonu Nagar also got recovered an iron rod from an almirah kept in his house. Same was also converted into parcel, sealed with the seal of 'VR' and seized the same vide seizure memo Ex.PW4/C. All the said articles were found to have blood stains upon them. From the scene of crime, accused persons led to the police party to Agra canal and pointed out the place where they thrown the dead body of deceased. IO had prepared separate pointing FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 52 of 93 out memos in this regard. Pointing out memo of accused Ashutosh @ Sonu Nagar is Ex.PW19/K. Pointing out memo qua accused Yogesh @ Dudhiya is Ex.PW19/L. Pointing out memo qua accused Rohit Thakur is Ex.PW19/M. From the said places, they proceeded to police station alongwith the accused persons and they were put behind the lock-up. IO had deposited the case property in the malkhana. His statement was recorded by the IO. He correctly identified accused Ashutosh @ Sonu Nagar before court. He correctly identified case property Ex. P-1, P-2 and P-3.
42. PW-24 Inspector V.S. Rana deposed that initially FIR was registered u/s 364/34 IPC. He deposed that on 20.06.2015, further investigation of case was assigned to him. He met complainant Ramanand Chaudhary and Saurabh @ Titu. He had recorded their statement in the PS. He had written a letter to Director, CFSL, CBI, CGO complex, New Delhi regarding inspection of scene of crime. He sent SI Rakesh to the said office alongwith letter. On his request, members of CFSL had come at PS. Thereafter, he alongwith SI Rakesh, HC Vir Dass, complainant Ramanand, Saurabh @ Titu and members of secret informer reached at house No. H-50/1, Auli Vihar, New Delhi. He deposed that at instance of Saurabh @ Titu, CFSL, team consisting of Dr. B. K. Mohapatra and photographer had taken photographs and inspected scene of crime. Site plan of scene of crime Ex.PW24/A was prepared at instance of Saurabh @ Titu. He deposed that exhibits were lifted from scene of crime i.e. blood in gauze was kept in test tube and wrapped with doctor tape and sealed with seal of FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 53 of 93 VR and serial No. 1 was written upon it. The blood stained mattress piece was kept in a plastic box wrapped with doctor tape and sealed with seal of VR and serial No. 2 was written upon it. The blood stained printed bed sheet was kept in a cloth parcel and sealed with seal of VR and serial No. 3 was written upon it. Blood stained brick was kept in a cloth parcel and sealed with seal of VR and serial No. 4 was written upon it. Piece of white wash from wall after scratching was kept in a plastic dubby (box/container) wrapped with doctor tape and sealed with seal of VR and serial No. 5 was written upon it. He deposed that same were taken into possession vide seizure memo Ex.PW19/B. Seal after use was handed over to HC Vir Dass. Thereafter, they returned to PS and he had deposited exhibits in Malkhana. He deposed that he had recorded statement of SI Rakesh, HC Vir Dass, complainant Ramanand and Saurabh @ Titu u/s 161 Cr.P.C. He deposed that on 21.06.2015, SI Rakesh, HC Vir Dass, Ct. Rajesh reached at B Block, Auli Vihar where they met Vikas Chauhdary. He accompanied them. Thereafter, they went for search of the accused. Some public persons had told Vikas Chauhdary and Vikas Chauhdary further informed him that accused persons namely Ashutosh @ Sonu Nagar, Rohit Thakur, Yogesh @ Dhudhiya are present in the park near Lal Mandir, Auli Vihar. Thereafter, they reached in the said park and found present the above said persons in the park. They were apprehended by them. On inquiry, the accused persons revealed their names as Ashutosh @ Sonu Nagar, Yogesh @ Dudhiya and Rohit Thakur. They were interrogated and arrested vide FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 54 of 93 arrest memo Ex.PW19/C (Sonu Nagar) Ex.PW19/D (Yogesh @ Dudhiya), Ex.PW19/E (Rohit Thakur). They were personally searched vide memo Ex.PW19/E (Sonu Nagar), Ex.PW19/F (Yogesh @ Dudhiya), Ex.PW19/G (Rohit Thakur). The accused persons led them at third floor at house No. H-50/1, Auli Vihar, New Delhi. He deposed that at instance of accused Yogesh @ Dudhiya, one plastic rope white and blue colour blood stained which was measured and total length was 122 feet which was round and in bundle shape was of 4 inch width (moti) found on the slab of kitchen. Same was kept in a plastic polythene and further converted into cloth parcel sealed with seal of VR. Same was taken into possession vide seizure memo Ex.PW4/A. On the instance of accused Rohit Thakur, he took out one bamboo danda from roof of top floor and handed over the same to him. Total length of bamboo danda was 108 c.m. and width of danda in center side was 15 c.m. and at one side at the end was 13 c.m. and another 14 c.m. and converted into cloth parcel sealed with seal of VR. Same was taken into possession vide seizure memo Ex.PW4/B. He deposed that at the instance of accused Ashutosh @ Sonu Nagar, he took out one iron rod from almirah and handed over the same to him. The iron rod was having blood stains upon it. Total length length of iron rod was 90 c.m. and converted into cloth parcel sealed with seal of VR. Same was taken into possession vide seizure memo Ex. PW4/C. Thereafter, accused persons led them at the spot i.e. Agra canal, Auli Vihar where they had dumped/thrown the dead body of deceased. Pointing out memo of the spot were prepared at their FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 55 of 93 instance which are exhibited as Ex.PW19/K (Sonu Nagar), Ex.PW19/L (Yogesh @ Dudhiya) and Ex.PW19/M (Rohit Thakur). Thereafter, they alongwith accused persons returned to PS where he deposited case property in Malkhana. He recorded disclosure statement of accused persons at PS Ex.PW19/H (Sonu Nagar), Ex.PW19/I (Yogesh @ Dudhiya) and Ex.PW19/J (Rohit Thakur). He recorded statements of SI Rakesh, HC Vir Dass, Ct. Rajesh and Vikas.
43. PW24 Inspector V.S. Rana further deposed that accused persons were put behind the lock-up. On 22.06.2015, accused persons were produced before concerned Court. He deposed that he moved an application for one day police custody remand of accused persons. Application was allowed by concerned Court. Accused persons were taken for search of co-accused persons in the area of Auli Vihar but they could not be found. He called divers namely Vikas and Rahul for search of dead body of deceased. He alongwith accused persons, divers and police officials reached Agra Canal, Auli Vihar. He deposed that divers had made efforts for the search of dead body of deceased in the canal but body could not be found. After that they again searched co-accused persons on way to PS but they could not be found. He alongwith police officials and accused persons returned back to PS and accused persons were put behind the lock-up. He deposed that on 23.06.2015, he alongwith other police officials, divers and accused persons again visited in the area of Auli Vihar for search of co-accused persons but they could not be found as per disclosure FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 56 of 93 statement of accused persons. Divers again made efforts for search of dead body of deceased but same could not be found/recovered. Thereafter, accused persons produced before the Court and sent in judicial custody. He alongwith other police officials returned back to PS. Saurabh @ Titu was called at PS and he reached there. He was sent to AIIMS hospital for medical examination by Ct. Rajesh. After medical examination, Ct. Rajesh handed over the MLC of Saurabh @ Titu. As per MLC, he had added Section 323 IPC in case. He deposed that he recorded statement of Saurabh @ Titu and Ct. Rajesh. On 24.06.2015, he alongwith Ct. Rajesh reached near Mata Mandir, Auli Vihar for search of co-accused persons. Some public persons informed Ct. Rajesh that accused Alok involved in the present case is present near gali Mata Mandir, Auli Vihar. Thereafter, they reached there and accused Alok was apprehended. He interrogated him and inquired about his age on which he told his age as 17 years. His brother was called. He deposed that he asked him to produce any date of birth document of CCL (AP). He told him that he can provide the documents as his brother had studied in MCD school. He called SI Nagender, JWO from the PS. He reached there. Thereafter, he alongwith SI Nagender, Ct. Rajesh and CCL and his brother reached at Sewa Sadan, Mathura Road, New Delhi. SI Nagender inquired from the CCL about the involvement in present case. Thereafter, he was apprehended and apprehension memo was prepared which is Ex.PW14/A, intimation of apprehension, social background report Ex.PW15/A, personal search memo of the CCL were prepared by SI FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 57 of 93 Nagender. Version of juvenile conflict with law was recorded by SI Nagender on his behalf vide Ex.PW15/B. He deposed that CCL was sent for production through Ct. Rajesh and SI Rakesh at JJB and CCL was sent to observation home. He deposed that on 24.06.2015, he sent letter to Director, CFSL (CBI), CGO Complex, Lodhi Road, New Delhi for inspection of scene of crime vide letter Ex.PW24/B. He deposed that Sh. Harender Prasad, finger print expert alongwith photographer and other official of CFSL (CBI) came at PS and met him. They accompanied him and they reached at the scene of crime. Photographer had taken photographs of scene of crime. Finger print expert Harender Prasad lifted blood stained plaster of the wall after scratching it through knife. Blood stained plaster was kept in white paper and converted into cloth parcel and sealed with seal of VR. Same was taken into possession vide seizure memo Ex.PW24/C. Thereafter, he returned back to PS where he deposited pullanda in Malkhana. SI Rakesh had handed over documents of JJB. He recorded statement of SI Rakesh and Ct. Rajesh. He deposed that on 27.06.2015, he had again called divers Rahul and Vikas for search of dead body of deceased. Thereafter, he alongwith divers reached at Agra canal, Auli Vihar where he met with beat official Ct. Rajesh and other beat officials. Divers asked to search dead body of deceased in other canal and they made efforts for search of dead body of deceased but it could not be found. He deposed that videography was also conducted in this regard, however, he does not remember on which date it was done. Statement of Naresh Kumar, photographer was FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 58 of 93 recorded in this regard. He deposed that on 30.06.2015, SI Rakesh was sent to Court for recording of statement of Saurabh @ Titu alongwith case file. He had moved an application before Court for recording of statement u/s 164 Cr.P.C. Same was assigned to Link Court by concerned Ld. MM. He deposed that on 30.06.2015, complainant Ramanand was called at PS. He came at PS and met him. Thereafter, he sent SI Sita Ram and HC Birender who accompanied complainant Ramanand to verify from police station falls on way of Agra Canal in Haryana as to whether any dead body was found or any information were lodged in respective PS in this regard. SI Sita Ram, HC Birender returned back to PS and handed over the copy of DDs of concerned PS where they have visited and verified about above said facts. He deposed that on 01.07.2015, SI Rakesh was sent to Court alongwith Saurabh @ Titu for recording his statement u/s 164 Cr.P.C. and case file. Same was recorded by Ms. Sheetal Chaudhary Pradhan, Ld. MM. SI Rakesh handed over the case file and copy of statement of Saurabh @ Titu recorded u/s 164 Cr.P.C. On 04.07.2015, he alongwith Ct. Rajesh reached at Auli Vihar for search of co-accused. Someone met Ct. Rajesh who told that accused Kamal is present near Pir Baba Mazar, Auli Vihar ridge area. Thereafter, he alongwith Ct. Rajesh reached there and on identification of Ct. Rajesh, one person namely Kamal was apprehended by them. Ct. Rajesh being the beat official of the area was knowing Kamal. He was interrogated and arrested vide arrest memo Ex.PW14/C and personally searched vide memo Ex.PW14/D. Thereafter, he alongwith Ct. Rajesh returned back to PS. FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 59 of 93 He interrogated accused Kamal and recorded his disclosure statement Ex.PW24/D. He recorded statement of Ct. Rajesh and accused was put in lock-up. On 05.07.2015, accused Kamal was produced before concerned Court and sent to judicial custody. He deposed that on 07.07.2015, he had obtained date of birth documents of CCL (AP) from Principal, SDMC school. On 08.07.2015, documents of CCL (AP) was submitted before JJB. As per school record, date of birth of CCL (AP) was found to be major. He deposed that on 09.07.2015, accused Alok was produced in concerned Court and after considering documents of his date of birth, he as major, he was sent to judicial custody. He deposed that on 15.07.2015, mother of deceased Smt. Chunchun was called at PS. She came at PS. She was sent to AIIMS hospital alongwith W/Ct. Bhagwanti. He had handed over application Ex.PW24/E in name of CMO AIIMS Hospital, New Delhi for collecting blood samples of Smt. Chunchun. W/Ct. Bhagwanti came from hospital and handed over MLC and blood in gauze and sample seal to him in sealed condition which was seized by him vide seizure memo Ex.PW18/A. Same was deposited in the Malkhana. He recorded statement of W/Ct. Bhagwanti and Smt. Chunchun. He deposed that on 20.07.2015, MLC of Saurabh @ Titu deposited in hospital for opinion regarding injury. He deposed that on 23.07.2015, exhibits were sent to CFSL, Lodhi Road through Ct. Rajesh. He deposited same at CFSL. He handed over copy of RC and acknowledgment of CFSL to MHC (M). He recorded statement of Ct. Rajesh and MHC (M) Harender. He deposed that on 24.07.2015, he FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 60 of 93 had collected MLC of Saurabh @ Titu on which doctor had opined nature of injury as simple. He deposed that on 03.08.2015, a letter Ex.PW24/F was sent to DCP with the request for publishing in the daily newspaper regarding missing, kidnapping / male which was sent in the office of DCP which was received in office of DCP on 20.08.2015. He had also sent letters to Director, Disaster Management Authority, New Delhi, request regarding declaration of reward, hue and cry notice, W.T. Message, Doordarshan, Delhi, SCRB, NCRB, Director, CBI, Incharge missing person Squad vide Ex.PW24/G, Ex.PW24/H, Ex.PW24/I, Ex.PW24/J, Ex.PW24/K, Ex.PW24/L, Ex.PW24/M, Ex.PW24/N and Ex.PW24/O respectively. He deposed that on 05.08.2015, he called Akhileshwar Pathak, Pujari of Mata Mandir to PS, he came and met him. He made inquiry from and recorded his statement. As per investigation, Section 302/201/34 IPC were added in the case. He deposed that on 27.08.2015, he had sent request letter to the official of dossier section for providing finger print of deceased Nitish Kumar through Ct. Rajesh. He collected relevant documents in this regard and handed over the same to him. Same was taken into possession vide seizure memo Ex.PW14/F. Same was sent to CFSL as it was required by them for examination of exhibits. He deposed that on 10.09.2015, he had recorded statement of divers, Vikas, Rahul, SI Sita Ram, HC Birender. He had also recorded statement of other witnesses during course of investigation. Result of finger print/chance print was received from CFSL. Other reports were awaited. He had prepared charge-sheet and filed same in concerned FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 61 of 93 Court. After obtaining reports and results, supplementary charge-sheet was also filed in concerned court. He correctly identified accused persons namely Rohit, Alok, Kamal, Yogesh @ Dudhiya and Ashutosh @ Sonu Nagar in Court. He clarified that the length of plastic rope was 122 feet 4 inch and same was mentioned in seizure memo, however, in his examination-in-chief recorded on 22.03.2022, he had inadvertently stated the total length as 122 feet and the 4 inch as height / round shape.
44. PW24 Inspector V.S. Rana when examined again after apprehension of accused Ashutosh @ Sonu Nagar deposed that on 20.06.2015, he was posted as Inspector Investigation at PS Sarita Vihar. Initially, FIR was registered u/s 364/34 IPC. After registration of FIR, further investigation of the case was assigned to him. Thereafter, he met complainant Ramanand Chaudhary and Saurabh @ Titu. He recorded statement Ramanand Chaudhary and Saurabh @ Titu in the PS. He written a letter to Director, CFSL, CBI, CGO complex, New Delhi regarding inspection of scene of crime. He sent SI Rakesh to said office alongwith letter. On his request, members of the CFSL had come at PS. Thereafter, he alongwith SI Rakesh, HC Vir Dass, complainant Ramanand, Saurabh @ Titu and members of secret informer reached at House No. H-50/1, Auli Vihar, New Delhi. Officials of CFSL team had also accompanied them. As per the instance of Saurabh @ Titu, CFSL team consisting of Dr. B.K. Mohapatra and photographer had taken the photographs and inspected the scene of crime. The site plan of the scene of crime was prepared at FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 62 of 93 the instance of Saurabh @ Titu vide Ex.PW24/A. Exhibits were lifted from scene of crime i.e. blood in gauze was kept in test tube and wrapped with doctor tape and sealed with seal of VR and serial no. 1 was written upon it. Blood stained mattress piece was kept in a plastic box wrapped with doctor tape and sealed with seal of VR and serial no. 2 was written upon it. Blood stained printed bed sheet was kept in a cloth parcel and sealed with seal of VR and serial no. 3 was written upon it. Blood stained brick was kept in a cloth parcel and sealed with seal of VR and serial no. 4 was written upon it. Piece of white wash from wall after scratching was kept in a plastic dibbi and wrapped with doctor tape and sealed with seal of VR and serial no. 5 was written upon it. Same were taken into possession vide seizure memo Ex.PW19/B. Seal after use was handed over to HC Vir Dass. Thereafter, they returned to PS and he had deposited the above said sealed exhibits in the Malkhana. He had recorded statement of SI Rakesh, HC Vir Dass, complainant Ramanand and Saurabh @ Titu u/s 161 Cr.P.C.
45. PW24 Inspector V.S. Rana deposed that on 21.06.2015, SI Rakesh, HC Vir Dass, Ct. Rajesh had joined investigation of the case with him. They reached at B Block, Aali Vihar where they met Sh. Vikas Chauhdary and he accompanied them. Thereafter, they went for search of the accused. Some public persons had told to Vikas Chauhdary, and Vikas Chauhdary further informed him that accused persons namely Ashutosh @ Sonu Nagar, Rohit Thakur, Yogesh @ Dhudhiya are present in the park near Lal Mandir, Aali Vihar.
FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 63 of 93 Thereafter, they reached in the said park were they found present the above said persons in the park. They were apprehended by them. On inquiry, the accused persons revealed their name as Ashutosh @ Sonu Nagar, Yogesh @ Dudhiya and Rohit Thakur. They were interrogated and arrested vide arrest memo Ex.PW19/C (Sonu Nagar), Ex.PW19/D (Yogesh @ Dudhiya), Ex.PW19/E (Rohit Thakur) all the memos bear my signatures at point C. They were personally searched vide memo Ex.PW19/E (Sonu Nagar), Ex.PW19/F (Yogesh @ Dudhiya), Ex.PW19/G (Rohit Thakur). He deposed that thereafter, accused persons led us at third floor of house No. H-50/1, Aali Vihar, New Delhi, on the instance of accused Yogesh @ Dudhiya, one plastic rope white and blue colour having blood stained was found on the slab of kitchen was recovered, which was measured and total length was 122 feet and 4 inch. Same was kept in a plastic polythene and further converted into cloth parcel sealed with seal of VR. Same was taken into possession vide seizure memo Ex.PW4/A. He deposed that thereafter, on the instance of accused Rohit Thakur, he took out one bamboo danda from the roof of top floor and handed over the same to me. The total length length of bamboo danda was 168 c.m., width danda in center side was 15 c.m. and at one side at the end it was 13 c.m. and at another it was 14 c.m. Same was converted into cloth parcel sealed with seal of VR. Same was taken into possession vide seizure memo Ex.PW4/B. He deposed that thereafter, at the instance of accused Ashutosh @ Sonu Nagar, he took out one iron rod from almirah and handed over the same to him. Iron rod was having blood FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 64 of 93 stained upon it. Total length length of iron rod was 90 c.m. and same was converted into cloth parcel sealed with seal of VR. Same was taken into possession vide seizure memo Ex.PW4/C. He deposed that thereafter, accused persons led us at the spot i.e. Agra canal, Aali Vihar where they had dumped / thrown the dead body of the deceased Nitesh. Pointing out memo of the spot were prepared at their instance which are exhibited as Ex.PW19/K (Sonu Nagar), Ex.PW19/L (Yogesh @ Dudhiya) and Ex.PW19/M (Rohit Thakur). He deposed that thereafter, they alongwith accused persons returned to PS where he had deposited the case property in Malkhana. He recorded the disclosure statement of accused persons at PS which are already exhibited as Ex.PW19/H (Sonu Nagar), Ex.PW19/I (Yogesh @ Dudhiya) and Ex.PW19/J (Rohit Thakur). He recorded statement of SI Rakesh, HC Vir Dass, Ct. Rajesh and Vikas. He deposed that accused persons were put behind the lock-up. On 22.06.2015, the accused persons were produced before the concerned Court. He moved an application for one day police custody remand of the accused persons. Application was allowed by the concerned Court. Accused persons were taken for the search of co-accused persons in the area of Aali Vihar but they could not be found. He called the divers namely Vikas and Rahul for the search of dead body of deceased Nitesh. He alongwith accused persons, divers and the police officials reached Agra Canal, Aali Vihar. Divers had made efforts for the search of dead body of deceased in the canal but body could not be found. After that they again searched the co-accused persons on the way to FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 65 of 93 PS but they could not be found. He alongwith police officials and accused persons returned back to PS and accused persons were put behind the lock-up.
46. PW24 Inspector V.S. Rana deposed that on 23.06.2015, he alongwith other police officials, divers and accused persons again visited in the area of Aali Vihar for the search of co-accused persons but they could not be found as per the disclosure statement of the accused persons. Divers again made efforts for the search of dead body of deceased Nitesh but same could not be found/recovered. Thereafter, accused persons were produced before the Court and sent in judicial custody. He alongwith other police officials returned back to PS. Sh. Saurabh @ Titu was called at PS on which he reached there. He was sent to AIIMS hospital for medical examination by Ct. Rajesh. After medical examination, Ct. Rajesh handed over the MLC of the Saurabh @ Titu. As per the MLC, he added Section 323 IPC in the case. He recorded statement of Saurabh @ Titu and Ct. Rajesh. He deposed that on 24.06.2015, he alongwith Ct. Rajesh reached near Mata Mandir, Aali Vihar for search of co-accused persons. Some public persons informed Ct. Rajesh that the accused Alok Pratap @ Golu involved in the present case is present near Gali Mata Mandir, Aali Vihar. Thereafter, they reached there and accused Alok Pratap @ Golu was apprehended by them. He interrogated him and inquired about his age on which he told his age as 17 years. His brother was called on which his brother reached at the spot. He asked him to produce any date of birth document of CCL (AP). He told that he can FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 66 of 93 provide the documents as his brother had studied in MCD school. He called SI Nagender, JWO from the PS. He reached there. Thereafter, he alongwith SI Nagender, Ct. Rajesh and CCL and his brother reached at Sewa Sadan, Mathura Road, New Delhi. SI Nagender inquired from the CCL about the involvement in the present case. Thereafter, he was apprehended and apprehension memo was prepared which is Ex.PW14/A. Intimation of apprehension, social background report Ex.PW15/A, personal search memo of the CCL were prepared by SI Nagender. Version of juvenile conflict with law was recorded by SI Nagender on his behalf which is exhibited as Ex.PW15/B. CCL was sent for production through Ct. Rajesh and SI Rakesh at JJB and CCL was sent to observation home. He deposed that on 24.06.2015, he had sent letter to Director, CFSL (CBI), CGO Complex, Lodhi Road, New Delhi for inspection of scene of crime. Letter is Ex.PW24/B. Sh. Harender Prasad, Finger Print Expert alongwith photographer and other official of CFSL (CBI) came at PS and met him. They accompanied him and they reached at the scene of crime. Photographer had taken the photographs of scene of crime. Finger print expert Harender Prasad had lifted blood stained plaster of the wall after scratching it through knife. Blood stained plaster was kept in white paper and converted into cloth parcel and sealed with seal of VR. Same was taken into possession vide seizure memo Ex.PW24/C. Thereafter, he returned back to PS where he deposited the pullanda in the malkhana. SI Rakesh had handed over the documents of JJB. He recorded the statement of SI Rakesh and Ct. Rajesh. He deposed that FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 67 of 93 on 27.06.2015, he again called the divers Rahul and Vikas for the search of dead body of deceased. Thereafter, he alongwith divers reached at Agra canal, Aali Vihar where he met with the beat official Ct. Rajesh and other beat officials. Divers were asked to search the dead body of deceased Nitesh in the other canal and they made efforts for the search of dead body of deceased but it could not be found. Videography was also conducted in this regard, however, he do not remember on which date it was done. Statement of Naresh Kumar, photographer was recorded in this regard. He deposed that on 30.06.2015, SI Rakesh was sent to Court for recording of statement of Saurabh @ Titu alongwith case file. He had moved an application before the Court for recording of statement u/s 164 Cr.P.C. Same was assigned to the the Link Court by the concerned Ld. MM. He deposed hat on 30.06.2015, complainant Ramanand was called at PS. He came at PS and met me. Thereafter, he sent SI Sita Ram and HC Birender who accompanied complainant Ramanand to verify from the police station falls on the way of Agra Canal in Haryana as to whether any dead body was found or any information were lodged in the respective PS in this regard. SI Sita Ram, HC Birender returned back to PS and handed over the copy of DDs of concerned PS where they have visited and verified about the above said facts.
47. PW-24 Inspector V.S. Rana deposed on 01.07.2015, SI Rakesh was sent to Court alongwith Saurabh @ Titu for recording his statement u/s 164 Cr.P.C. and case file. Same was recorded by Ms. Sheetal Chaudhary Pradhan, Ld. MM. SI Rakesh handed over the case FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 68 of 93 file and copy of statement of Saurabh @ Titu recorded u/s 164 Cr.P.C. On 04.07.2015, he alongwith Ct. Rajesh reached at Aali Vihar for search of co-accused. Someone met Ct. Rajesh who told that accused Kamal is present near Pir Baba Mazar, Aali Vihar ridge area. Thereafter, he alongwith Ct. Rajesh reached there and on the identification of Ct. Rajesh, one person namely Kamal was apprehended by them. Ct. Rajesh being the beat official of the area was knowing Kamal. On inquiry, accused revealed his name as Kamal. He was interrogated him and arrested vide arrest memo Ex.PW14/C and personally searched vide memo Ex.PW14/D. Thereafter, he alongwith Ct. Rajesh returned back to PS. He interrogated accused Kamal and recorded his disclosure statement Ex.PW24/D. he recorded statement of Ct. Rajesh and accused was put in lock-up. On 05.07.2015, accused Kamal was produced before concerned Court and sent to judicial custody. He deposed that on 07.07.2015, he had obtained the date of birth documents of CCL (AP) from Principal, SDMC school. On 08.07.2015, the documents of CCL (AP) was submitted before JJB. As per school record, the date of birth of CCL (AP) was found to be major. On 09.07.2015, accused Alok Pratap @ Golu was produced in the concerned Court and after considering the documents of the date of birth of the accused as major, accused was sent to judicial custody. He deposed that on 15.07.2015, the mother of deceased Smt. Chunchun was called at PS. She came at PS. She was sent to AIIMS hospital alongwith W/Ct. Bhagwanti. He handed over application in name of CMO AIIMS Hospital, New FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 69 of 93 Delhi for collecting blood samples of Smt. Chunchun. Application is Ex.PW24/E. W/Ct. Bhagwanti came from the hospital and handed over the MLC and blood in gauze and sample seal to me in sealed condition which was seized by me vide seizure memo Ex.PW18/A. Same was deposited in the Malkhana. He recorded statement of W/Ct. Bhagwanti and Smt. Chunchun. He deposed that on 20.07.2015, the MLC of Saurabh @ Titu deposited in the hospital for opinion regarding the injury. He deposed that on 23.07.2015, the exhibits were sent to CFSL, Lodhi Road through Ct. Rajesh. He deposited the same at CFSL. He handed over the copy of RC and acknowledgment of CFSL to the MHC(M). I had recorded statement Ct. Rajesh and MHC(M) Harender. On 24.07.2015, he had collected the MLC of Saurabh @ Titu on which doctor had opined the nature of injury as simple. He deposed that on 03.08.2015, a letter was sent to DCP with the request for publishing in the daily newspaper regarding the missing, kidnapping / male which was sent in the office of DCP which was received in the office of DCP on 20.08.2015. The letter is Ex.PW24/F. He also sent letter to Director, Disaster Management Authority, New Delhi, request regarding declaration of reward, hue and cry notice, W.T. Message, Doordarshan, Delhi, SCRB, NCRB, Director, CBI, Incharge missing person Squad. The letters are exhibited as Ex.PW24/G, Ex.PW24/H, Ex.PW24/I, Ex.PW24/J, Ex.PW24/K, Ex.PW24/L, Ex.PW24/M, Ex.PW24/N and Ex.PW24/O respectively which bear signature of SHO at point A.
48. PW-24 Inspector V.S. Rana deposed that on 05.08.2015, FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 70 of 93 he had called Akhileshwar Pathak (Pujari of Mata Mandir) to PS, he came and met me. He made inquiry from him and recorded his statement. As per the investigation and evidence on record, Section 302/201/34 IPC were added in the case. He deposed that on 27.08.2015, he had sent request letter to the official of dossier section for providing the finger print of deceased Nitish Kumar through Ct. Rajesh. He collected the relevant documents in this regard and handed over the same to him. Same was taken into possession vide seizure memo Ex.PW14/F. Same was sent to CFSL as it was required by them for the examination of exhibits. On 10.09.2015, he had recorded statement of divers, Vikas, Rahul, SI Sita Ram, HC Birender. He also recorded statement of other witnesses during course of investigation. Result of finger print/chance print was received from CFSL. Other reports were awaited. He prepared the charge-sheet and filed the same in concerned Court. He deposed that after obtaining the reports and results, supplementary charge-sheet was also filed in the concerned court. Accused persons namely Rohit, Alok, Kamal, Yogesh @ Dudhiya and Ashutosh @ Sonu Nagar were correctly identified by witness. He correctly identified 114 photographs Ex.PW22/B (colly) them to be the photograph of the scene of crime as well as Agra canal and its surrounding area. He correctly identified case property i.e. containing wall scrapping mixed with cemented soil wrapped in a paper which was lifted from the scene of crime vide Ex. P-8. Envelop also found containing a cloth parcel bearing the particular of CFSL and particulars of FIR number bearing my signatures at point A. The FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 71 of 93 pulind having two seals of VR. Pulinda was cut by the CFSL examiner for examination. The envelope also containing pink paper tag with details of CFSL are mentioned. He correctly identified dark brown stained gauze cloth piece described as "Blood in gauze of mother of deceased Nitesh" which was blood of mother of deceased. Same is exhibited as Ex.P-9. The envelope also containing pink paper tag with details of CFSL are mentioned.
49. PW-25 HC Rajpal deposed that on 05.09.2022, he was posted at PS Govind Puri, New Delhi. On that day on receipt of secret information, he alongwith SI Suraj, HC Sanjay, Ct. Vishnu and W/Ct. Santosh had gone to Aali Vihar as per information that accused Ashutosh @ Sonu Nagar resident of B-190, Aali Vihar, Sarita Vihar, would come today, who was declared P.O. in the present case. On the basis of said information when they reached at main gate of above said house, where they saw that accused Ashutosh @ Sonu Nagar, who after seeing the Police party jumped in the gali from his house. They chased accused Ashutosh @ Sonu Nagar and he was apprehended by them in the area of B Block, Aali Vihar. On inquiry he revealed his name as Ashutosh @ Sonu Nagar. An inquiry was made from him and as per the fact verified, it came to notice that accused Ashutosh @ Sonu Nagar was declared P.O. in case of FIR no. 382/2020, PS Sarita Vihar on 10.02.2021 by the court of Ms. Sukriti Singh, Ld. MM. He deposed that on further inquiry and as per the fact accused Ashutosh @ Sonu Nagar had not attended the court in the present case and he was declared P.O. on 10.12.2021 by this court. He FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 72 of 93 was convicted in FIR No. 224/10 u/s 376/506/34 IPC, PS. Govind Puri and was released on Parole (medical) during the Corona period and he had not surrendered and jump the Parole. He deposed that thereafter, he was avoiding and hiding himself. He was arrested and personal search in Kalandra u/s 41.1C Cr.P.C. After arrest Kalandra u/s 41.1C Cr.PC was prepared on 06.09.2022. He was produced before the court of Dr. Karan Chaudhary, Ld. MM, Saket Courts. Kalandra alongwith the documents were submitted before the concerned court. He correctly identified accused Ashutosh @ Sonu Nagar before the court. He exhibited arrest memo of accused Ashutosh @ Sonu Nagar vide Ex. PW-25/A, his personal search memo vide Ex. PW-25/B, his conviction slip vide Ex. PW-25/C. Copy of GD No. 0002A dated 06.09.2022 which was lodged by him at PS Govind Puri through ASI Ramesh Chand vide Ex. PW-25/D. He deposed that he prepared Kalandra U/sec 41.1 ( C) Cr. P. C vide Ex. PW-25/E.
50. PW-26 HC Ramvir deposed that on 20.10.2022, he was posted as Naib Court in court of Dr. Karan Chaudhary, Ld. MM of PS Sarita Vihar, New Delhi. He deposed that on that day, accused Ashutosh @ Sonu Nagar was produced before concerned court in reference of production warrants. He deposed that Inspector D. K. Tejwan, ATO, PS Sarita Vihar formally arrested accused Ashutosh @ Sonu Nagar vide arrest memo Ex. PW-26/A. He was personally searched vide memo Ex. PW-26/B. He correctly identified accused Ashutosh @ Sonu Nagar before the court.
51. PW-27 Inspector D.K. Tejwan deposed that on FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 73 of 93 19.10.2022, he was posted as ATO PS Sarita Vihar. On that day, he had received an information that on 06.09.2022, accused Ashutosh @ Sonu Nagar was arrested by police officials of Govindpuri and he being declared P.O. in the present case by this court vide order dated 10.12.2021. He deposed that on 19.10.2022, he had moved an application before the court of Dr. Karan Choudhary, Ld MM for his production warrant. Application is exhibit as PW 27/A. Same was allowed and accused Ashutosh @ Sonu Nagar was produced in the concerned court on 20.10.2022. He deposed that he moved an application for formal arrest of accused Ashutosh @ Sonu Nagar before the said court and same was allowed. Application is exhibit as PW 27/B. Accused Ashutosh @ Sonu Nagar was formally arrested vide arrest memo exhibited as PW 26/A and personally searched vide memo exhibited as PW 26/B. Reason of arrest memo is exhibited as PW 27/C. He deposed that he collected copy of Kalandra along with documents from the concerned IO. He filed supplementary charge- sheet against the accused Ashutosh @ Sonu Nagar U/s 174 A IPC before the court.
52. Accused persons admitted genuineness of CFSL report prepared by Sh. Subrat Kumar Choudhary, Senior Scientific Officer vide Ex. P-1 (consisting of 03 pages) in their statements recorded U/sec 294 Cr.P.C on 08.12.2022. All accused persons, except accused Ashutosh @ Sonu Nagar, also admitted the genuineness of the MLC dated 23.06.2015 Ex.P-1 (previously Mark-A) pertaining to PW1 Saurabh @ Titu.
FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 74 of 93
53. Prosecution evidence was closed on 06.04.2022.
54. On 23.05.2022, accused persons were examined under section 313 Cr.P.C wherein incriminating material appearing in evidence was put to them to which accused denied.
55. No DE was led by accused persons.
ARGUMENTS
56. Oral submissions were advanced by all the parties. Multiple written submissions & citations have also been filed on behalf of the accused persons as well as informant / complainant Ramanand Chaudhary and the State. The informant and State rely upon the observations made in Amar Singh Vs. Balwinder Singh & Ors Cr. Appeal No. 1671/1995 Hon'ble Supreme Court of India, Ram Gulam Chaudhury & Ors Vs. State of Bihar Appl. (Crl.) 1056/1998, Bhanu Shaha Vs. State of NCT of Delhi 2007 SCC Online Del 412 :
(2007) 140 DLT 495 (DB), Chander Shekhar Vs. State 2009 SCC Online Del 3360 : (2009) 165 DLT 161, Rameshbhai Mohanbhai Koli & Ors. Vs. State of Gujrat (2011) 11 Suprement Court Case III, Mukesh & Another Vs. State of NCT of Delhi & Ors. (2017) 6 Supreme Court Cases 1, Salim Ahmed Vs. State of Maharashtra 2018 SCC Online Bom 1793, Rajkishorsing Ranvirsingh Tomar Vs. State of Maharashtra 2021 SCC Online Bom 326: (2021) 2 Bom CR (Crl) 351, Ram Gopal Vs. State of Madhya Pradesh SLP (Crl.) No. 9221/2018 2023 LiveLaw (SC)120, Ganesh K. Gulve & Ors. Vs. State FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 75 of 93 of Maharashtra, Mani Kumar Thapa Vs. State of Sikkin AIR 2002 SC 2920, Sad Paul Vs. Delhi Administration AIR 1976 SC 294 (1) and Hari & Anr. Vs. The State of Uttar Pradesh Cr. App. No. 186 of 2018 Supreme Court.
56.1. The accused persons rely upon the observations made in Shankar Vs. The State of Maharashtra Cr. A No. 954 of 2011 SC, Shankar Vs. The State of Maharashtra Crl.A No. 955/2011 SC, Santosh @ Bhure Vs. State of GNCT of Delhi 300 (2023) DLT 1 (SC), Mani Vs. State of Tamil Nadu Cr. Appl. No. 443 of 2006 SC, Nanhi Devi & Ors. Vs. State of UP AIR Online 2022 ALL 2096, Nizam & Anr Vs. State of Rajasthan Cr. Appl No. 413 of 2007 SC, Jabir & Ors Vs. State of Uttrakhand AIR 2023 SC 488 AIRonline 2023 SC 35, R.M. Malkani Vs. State of Maharashtra 1973 AIR 157. 1973 SCR (2) 417, Ram Singh & Ors Vs. Col. Ram Singh 1986 AIR, 3 1985 SCR Supl (2) 399, Deepak Kumar @ Bittoo Vs. State Crl. A No. 1315/2011 DHC.
56.2. This Court has considered the records, arguments as well as the citations relied upon by the parties.
DISCUSSION:
57. As per records, at the time of investigation the police was able to examine Saurabh @ Titu as a witness. He made a statement to the police narrating the facts mentioned in the beginning of this FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 76 of 93 judgment. However, during the course of trial said Saurabh @ Titu (PW1) did not support the case of prosecution. He was cross examined on as many as six occasions by the State, but he failed to utter anything against any of the accused persons except for stating that on 06.06.2015 at around 11:30 p.m., he saw Ashutosh @ Sonu Nagar, Kamal, Yogesh @ Dudhiya, Rohit Thakur, Alok Pratap and Nitish Chaudhary sitting together in Beri Bagh and having beer. PW 1 Saurabh @ Titu also deposed to have consumed liquor alongwith the said persons at that time and to have left for his home thereafter. He categorically declined all the suggestions given by prosecution as to the events (described in the beginning of this judgement) which allegedly took place in his presence at the relevant time. He also failed to affirm his statement recorded u/s 164 Cr.P.C. He clarified that the said statement was made at the instance of the brother of said Nitish Chaudhary. He also declined the suggestion of prosecution to the effect that an application was moved by him under the Witness Protection Scheme before the Delhi State Legal Authority. Rather, he stated that the same was moved at the instance of brother of said Nitish Chaudhary. He admitted the statement made by him to the parents of said Nitish Chaudhary (which statement was recorded on mobile phones), but during crossexamination, he stated that the same was made at the instance of the brother of said Nitish Chaudhary. He further deposed that whatever statements were made by him to the police during the course of investigation, were made at the instance of FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 77 of 93 brother of said Nitish Chaudhary and that he was taken to the place of occurrence by the brother of said Nitish Chaudhary. It is apparent from the above that the alleged eye witness i.e. PW1 Saurabh @ Titu does not support the case of the prosecution.
58. However, the Ld. Addl. PP for State submits that PW1 Saurabh @ Titu is not deposing all the facts correctly as he was under
a tremendous pressure, created by the accused persons, to depose incorrectly before the Court. Ld. Addl. PP for State submits that PW1 Saurabh @ Titu infact moved an application for his protection before the Delhi State Legal Service Authority due to the threats extended by the accused persons. Ld. Addl. PP for State further submits that 02 FIRs were also registered in respect of threats extended to PW1 Saurabh @ Titu. Ld. Addl. PP for State argues that this court must look at & consider the oral testimony of witness PW1 Saurabh @ Titu in the background of looming threats. He further argues that the oral testimony of PW1 Saurabh @ Titu still has sufficient materials to convict the accused persons.
59. Ld. Addl. PP for the State elaborates that as per judicial file, on 06.06.2015 at around 11:30 p.m. PW1 Saurabh @ Titu saw Ashutosh @ Sonu Nagar, Kamal, Yogesh @ Dudhiya, Rohit Thakur, Alok Pratap and Nitish Chaudhary sitting together in Beri Bagh and having beer. Ld. Addl. PP for State then points out a phrase 'maar ke fek diya' in the examinationinchief of PW1 Saurabh @ Titu on FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 78 of 93 18.03.2016 and a line in the cross examination of PW1 Saurabh @ Titu conducted by State on 04.04.2016 (In the said line PW1 Saurabh @ Titu states : It is correct that I told to the police officials that Sonu gave me beatings. ) and submits that the same are sufficient to hold the accused persons guilty despite the fact that PW1 Saurabh @ Titu is not deposing correctly. He further submits that the statement made by PW1 Saurabh @ Titu u/s 164 Cr.P.C. may also be considered as the same is corroborated by the recoveries effected by the police. Ld. Addl. PP for State further submits that PW1 Saurabh @ Titu has also deposed about the recoveries effected by the police at the relevant time and has also stated that he was given beatings by Ashutosh @ Sonu Nagar, which facts also corroborate the case of the prosecution. Ld. Addl. PP for State further argues that the video recording of the statement made by PW1 Saurabh @ Titu to the father of said Nitish Chaudhary before the registration of present FIR further corroborates the case of the prosecution. Ld. Addl. PP for State submits that the length of said video recording is sufficient to rule out any tutoring. Accordingly, Ld. Addl. PP argues that this Court may consider the effect of all the facts in totality and hold the accused persons guilty.
60. This Court has considered the above submissions. This Court has already observed in the aforesaid paragraphs that the PW1 Saurabh @ Titu has not deposed on the lines of the prosecution case as laid out in the beginning of this judgement. It seems that the prosecution is picking isolated phrases and lines out of the lengthy FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 79 of 93 deposition of PW1 Saurabh @ Titu to convince this Court to assume that the statements which he made during the course of investigation were narrated are true and should be relied upon by this Court to fasten liability, despite the fact that PW1 Saurabh @ Titu resiled from said statements during the course of trial. This Court has already observed that PW1 Saurabh @ Titu has time and again stated during trial that whatever facts he narrated to the police during the course of investigation was at the instance of the brother of Nitish Chaudhary. Consequently, this Court could not read and construe the oral testimony of PW1 Saurabh @ Titu in the manner as suggested by the Ld. Addl. PP for the State. Nor could this Court hold the accused persons guilty on the basis of statement made by PW1 Saurabh @ Titu u/s 164 Cr.P.C. before the Ld. Magistrate or the narration of the events made by him to the father of Nitish Chaudhary before the registration of present FIR, which was recorded in Mobile Phones. PW1 Saurabh @ Titu has categorically deposed during trial that the statement given by him to the police, to the effect that Ashutosh @ Sonu Nagar gave beatings to him at the relevant time, was also given at the instance of the brother of Nitish Chaudhary. It seems that prosecution seeks to substitute the evidence required to be lead on record during trial with the statements made by PW1 Saurabh @ Titu during the course of investigation, which course is not permissible at all. The undisputed fact which remains on record is that PW1 Saurabh @ Titu has turned completely hostile to the case of the FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 80 of 93 prosecution. As such, this Court could not read and consider anything beyond what was actually deposed by PW1 Saurabh @ Titu during the course of trial. The only relevant statement made by PW1 Saurabh @ Titu during the course of the trial is to the effect that on 06.06.2015 at around 11:30 p.m. he saw Ashutosh @ Sonu Nagar, Kamal, Yogesh @ Dudhiya, Rohit Thakur, Alok Pratap @ Golu and Nitish Chaudhary sitting in Beri Bagh, who were consuming beer and snacks. The aspect of recoveries effected at the instance of PW1 Saurabh @ Titu shall be dealt with in the following paragraphs.
61. At this stage the Ld. Addl. PP for the State submits that even the above testimony of PW1 Saurabh @ Titu is sufficient to prove the case against the accused persons on the basis of other circumstantial evidence lead on record by the prosecution. Ld. Addl. PP for the State refers to the previous enmity between the accused persons and Nitish Chaudhary as well as the recoveries effected by police. He seeks a guilty verdict against the accused persons.
62. As such, this Court now proceeds to assess the other evidence led on record by the prosecution. The first and foremost aspect shall be the 'previous enmity' existing between Nitish Chaudhary and accused Ashutosh @ Sonu Nagar, Kamal Nagar. In this regard, the prosecution has examined PW3 Ramanand Chaudhary, who deposed that about two years before the registration of present FIR a quarrel had taken place between his son Nitish Chaudhary and FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 81 of 93 Ashutosh @ Sonu Nagar, Kamal Nagar. He further deposed that since then, both the accused persons were having an inimical approach towards Nitish Chaudhary. Apart from PW3 Ramanand Chaudhary, neither PW4 Vikas Chaudhary (Brother of Nitish Chaudhary) nor PW11 Smt. Chunchun (mother of Nitish Chaudhary) have deposed about any enmity between Nitish Chaudhary and accused Ashutosh @ Sonu Nagar, Kamal Nagar. Apparently, only the father of Nitish Chaudhary i.e. PW3 Ramanand Chaudhary refers to a quarrel which took place about two years before the registration of the present FIR. Even if the said fact is presumed to be true, still PW3 Ramanand Chaudhary fails to explain as to why he felt that the accused persons were inimical towards Nitish Chaudhary. He does not state that the said quarrel was followed up by any adverse action or conduct of the accused persons against Nitish Chaudhary. In such circumstances, this court does not find it appropriate to rely upon the bald statement made by PW3 Ramanand Chaudhary in this regard. Moreso, in view of the fact that it is prosecution's claim that all the accused persons and Nitish Chaudhary were consuming liquor together on 06.06.2015 at late hours. It is difficult to assume that Nitish Chaudhary would be consuming liquor with the accused persons if they were inimical towards him to such an extent that they were willing to eliminate him. As such, this Court does not find it appropriate to uphold the claim of the prosecution that accused persons and Nitish Chaudhary were having a previous enmity, which prompted them to eliminate Nitish FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 82 of 93 Chaudhary.
63. The second aspect would be the connection of accused persons with the "spot of offence". As per prosecution the spot of offence is a room situated on the Third Floor of H50/1, Gali No.2, Bhim Colony, Aali Vihar, where the accused persons allegedly eliminated Nitish Chaudhary on 06.06.2015. On 20.06.2015, police arrived at the spot of occurrence with a CFSL team and some other for inspection of crime scene. Subsequently on 21.06.2015 the police again arrived at the said premises and made recoveries. However, till date police has not clarified as to who was in possession of the said premises, who gave access to the said premises when the same were inspected for the first time on 20.06.2015 and subsequently thereafter. Police has not even verified the ownership of the said premises till date. 'Possession/Ownership' of the premises is an important link in the chain of circumstances to establish the culpability of the accused persons. This omission further dents the prosecution case.
64. Third aspect pertains to crime scene inspection on 20.06.2015, the recoveries effected therefrom and the connection of recoveries to Nitish Chaudhary. As per prosecution, immediately after registration of FIR on 20.06.2015, the place of occurrence (i.e. third floor of H50/1, Gali No.2, Bhim Colony, Aali Vihar) was inspected by a CFSL team consisting of PW9 Dr. B.K. Mahapatra, PW22 Sh. Pradeep Kumar Gautam and others. At that time, certain blood stains FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 83 of 93 were noticed on the bedsheet, mattress, floor and one brick available in the premises. Blood stains were also noticed on the wall and therefore, a piece of whitewash was scratched from the wall. All the said articles were seized vide memo Ex.PW19/B. During the course of investigation, the said articles were sent to CFSL. A blood sample of PW11 Smt. Chunchun (mother of Nitish Chaudhary) was also forwarded to CFSL for comparison with the recovered blood stains. Vide his report Ex.PW9/A (prepared on the basis of comparison between the blood stains lifted from the scene and the blood of PW
11), PW9 Dr. B.K. Mohapatra reported that blood of Nitish Chaudhary was available on the bedsheet, mattress and the floor of the room situated on the third floor of H50/1, Gali No.2, Bhim Colony, Aali Vihar. In this respect, the prosecution examined PW3 Ramanand Chaudhary, PW9 Dr. B.K. Mohapatra, PW11 Smt. Chunchun, PW 12 Dr. Adarsh Kumar, PW18 Ct. Bhaganti, PW19 Insp. Rakesh and PW24 Insp. V.S. Rana. Despite lengthy crossexamination, the defence could not point out any infirmity in the case of prosecution in any of the above aspects. Hence, it could be safely held that prosecution has been able to prove the above facts beyond any reasonable doubt.
65. The fourth aspect is the recovery of one plastic rope, a bamboo stick and an iron rod at the instance of accused Yogesh @ Dudhiya, accused Rohit Thakur and accused Ashutosh @ Sonu Nagar respectively on 21.06.2015. It is the case of the prosecution that the FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 84 of 93 above named accused persons were arrested on 21.06.2015 and who voluntarily got recovered the above articles from H50/1, Gali No.2, Bhim Colony, Aali Vihar. The said articles were seized vide memos Ex.PW4/A, Ex.PW4/B and Ex.PW4/C respectively. In this respect, the prosecution examined PW4 Vikas Chaudhary, PW19 Insp. Rakesh, PW23 Vir Dass and PW24 Insp. V.S. Rana. All the said witnesses were crossexamined at length with respect to the said recoveries but the defence could not dent the case in this respect. Although, the said recoveries were not effected strictly in terms of the observation made by Hon'ble Supreme Court of India in Subramanya Vs. State of Karnataka 2022 SCC Online SC 1400, however since the disclosure statements of the accused persons were recorded by police before effecting the recoveries, therefore, this court does not find it appropriate to jettison the recoveries made at the instance of accused persons vide Memos PW Ex. 4/A, PW4/B and PW4/C.
66. The fifth aspect is the recovery of fingerprints of said Nitish Chaudhary from the Third Floor of H50/1, Third Floor, Gali No. 2, Ali Vihar. As per prosecution, on 24.06.2015 the said premises were inspected by fingerprint expert Sh. Harinder Parsad (PW7). He was able to lift four chance fingerprints from there. Since the said Nitish Kumar also had a criminal record, accordingly police was able to obtain his specimen fingerprints from the Office of Dossier Cell, South District. The said specimen fingerprints were compared by FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 85 of 93 CSFL and vide report Ex. PW7/C, PW 7 Harinder Parsad opined that one of the four chance fingerprints lifted from the above premises matched with the left thumb impression of said Nitish Chaudhary. Prosecution examined PW7 Harinder Parsad and PW14 HC Rajesh Kumar in this regard. However, the defence could neither point any infirmity in the said evidence nor could it rebut the said evidence. Be that as it may, it must be noted here that the prosecution did not examine any witness to depose about the 'genuineness' of the fingerprint specimens pertaining to Nitish Chaudhary, allegedly obtained from the archives of Dossier Cell, South District. Admittedly, the said specimens are printouts of some digital record. In the absence of any legal presumption operating in favour of prosecution w.r.t. the genuineness of specimens, the process of comparison of fingerprints comes under a cloud of doubt. Particularly when no certificate U/s 65B of the Evidence Act was furnished alongwith the said specimens.
67. The sixth aspect is the nonrecovery of corpus delicti. Admittedly, the deadbody of Nitish Chaudhary could not be recovered till date.
68. The last aspect is the arrest of accused Ashutosh @ Sonu Nagar, Kamal Nagar on 05.09.2022, after being declared 'proclaimed offender' by this Court of 10.12.2021 and filing of a supplementary chargesheet U/s 174A IPC. The prosecution has examined PW25 HC FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 86 of 93 Raj Pal, PW26 HC Ramvir and PW 27 Inspector D.K. Tejwan in this regard, whose testimony has gone unchallenged and unrebutted as they were not crossexamined despite opportunity.
69. Having discussed the evidence placed on record by prosecution, this court now proceeds to assess the effect of the same. Since as of now the case of the prosecution is based on circumstantial evidence, therefore, it would be appropriate to discuss the fundamentals of the law in this regard. In Shankar Versus The State of Maharashtra2023 LiveLaw (SC) 212 the Hon'ble Supreme Court has opined as under:
"8. In the decision in Prakash v. State of Rajasthan (2013) 4 SCC 668, this Court took note of the following principles laid down regarding the law relating circumstantial evidence in Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 : "153. A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established:
(1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. It may be noted here that this Court indicated that the circumstances concerned 'must or should' and not 'may be' established. There is not only a grammatical but a legal distinction between 'may be proved' and 'must be or should be proved' as was held by this Court in Shivaji Sahabrao Bobade vs. State of Maharashtra [(1973) 2 SCC 793] where the following observations were made:
FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 87 of 93
19. ..."Certainly, it is a primary principle that the accused must be and not merely may be guilty before a court can convict and the mental distance between 'may be' and 'must be' is long and divides vague conjectures from sure conclusions."
(2) The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, (3) the circumstances should be of a conclusive nature and tendency, (4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
154 . These five golden principles, if we may say so, constitute the panchsheel of the proof of a case based on circumstantial evidence."
9. After noting the above five golden principles, it was held in Prakash's case (supra), that they would constitute the Panchsheel of the proof of a case based on circumstantial evidence and conviction could be sustained on he basis of last seen, motive and recovery of incriminating articles in pursuance of the information given by the accused if those five golden principles of the proof of a case based on circumstantial evidence are satisfied."
FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 88 of 93
70. Keeping in view the above principles of Law, this Court now proceeds to adjudicate the effect of evidence available on record.
71. As observed earlier, since the prosecution has not been able to prove the existence of a 'previous enmity' between Nitish Chaudhary and the accused persons, consequently it has to be held that the prosecution fails to prove the 'motive' to the crime.
72. As observed above, PW1 Saurabh @ Titu deposed during the course of the trial that on 06.06.2015 at around 11:30 p.m. he saw Ashutosh @ Sonu Nagar, Kamal, Yogesh @ Dudhiya, Rohit Thakur, Alok Pratap @ Golu and Nitish Chaudhary sitting in Beri Bagh, who were consuming beer. However, it may be noted here that the said statement made by PW1 Saurabh @ Titu during the course of trial as to the identity of the persons who were consuming beer at Beri Bagh on 06.06.2015 at around 11:30 p.m. is contradictory to the case of the prosecution. Reason being the fact that as per prosecution's case only Ashutosh @ Sonu Nagar, Yogesh @ Dudhiya, Rohit Thakur and Nitish Chaudhary were consuming beer at the relevant time. Be that as it may, even the above statement does not support the case of the prosecution at all because PW1 Saurabh @ Titu does not depose that he saw all of them leaving the Beri Bagh. In fact, PW Saurabh @ Titu deposed that he also consumed liquor with all the said persons in Beri Bagh at the relevant time and when he felt drowsy due to the effect of liquor he went away to his house (i.e. before anybody else).
FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 89 of 93 Admittedly, the prosecution has not examined any other witness to attest to the movement of Nitish Chaudhary and the accused persons from Beri Bagh to the spot of offence at the relevant time, nor as to the beatings given to Nitish Chaudhary by the accused persons. Prosecution has not brought any other evidence on record to prove that Nitish Chaudhary was subjected to such violent and vicious beatings at the spot of offence that he would have lost his life in the natural order of things. In the absence of such evidence as well as the absence of the deadbody of said Nitish Chaudhary, this court is constrained to hold that prosecution has not placed the requisite evidence on record so as to fasten criminal liability on the basis of circumstantial evidence.
73. Although, it is submitted by the Ld. Addl. PP for the State that since a period of seven years has already elapsed since the registration of present FIR, therefore, the said fact may also be taken into account to presume that Nitish Chaudhary has died, but the said argument is inherently fallacious. Reason being the fact that the appropriate provisions under the Evidence Act do not provide for any such presumption for the purpose of a Criminal Trial. Prosecution was under a bounden duty to prove the death of Nitish Chaudhary before seeking conviction of accused persons u/s 302 IPC. If what the Ld. Addl. PP submits is upheld, the chances of miscarriage of justice would increase manifold as any person could hide himself for seven years in order to secure conviction of some other person U/s 302 IPC. FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 90 of 93 As such the said argument made by Ld. Addl.PP as to the presumption of death of Nitish Chaudhary is also rejected.
74. All that the Prosecution has proved is :
1. That some blood stains of Nitish Chaudhary were detected from the bedsheet, mattress and the floor of the room situated on the third floor of H50/1, Gali No.2, Bhim Colony, Aali Vihar on 20.06.2015,which belongs to Nitish Chaudhary;
2. That one plastic rope and a wall scraping from the said premises were also bearing the blood stains belonging to Nitish Chaudhary and;
3. That a bamboo stick and an iron rod was recovered from the said premises at the instance of the accused persons namely Ashutosh @ Sonu Nagar, Yogesh @ Dudhiya and Rohit Thakur.
74.1 When seen in totality, the above evidence produced by the prosecution does not lead to an irresistible conclusion that Nitish Chauhary was abducted and then eliminated at the said premises. The recovery of blood stains of Nitish Chaudhary from the bedsheet, mattress and the floor of said premises is sufficient to presume that Nitish Chaudhary was available at the said premises at some point of time prior to the registration of FIR. Beyond that, nothing could be presumed against the accused persons. Particularly so, when prosecution has not placed any material on record to establish a connection between the premises and any of the accused persons.
FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 91 of 93 Even if police had been able to collect and produce any such connecting evidence and the accused persons would not have offered any explanation w.r.t. the availability of blood stains, the conclusion would still have remained the same. Reason being the absence of any material to prove the arrival of Nitish Chaudhary with accused persons at the spot and violent & vicious beatings given to him at the relevant time. It is not possible to presume both the above circumstances merely because PW1 Saurabh@ Titu saw all of them having beer together at Beri Bagh. The same conclusion is liable to be drawn qua the recovery of blood stains belonging to Nitish Chaudhary from the rope and the wall scraping of said premises. Although this court has already expressed doubts as to the evidence regarding availability of a thumb print of Nitish Chaudhary from the said premises in the aforegoing paragraphs, but even if the said fact is considered here, the same would not make any difference as to the conclusion drawn above. Recovery of a bamboo stick and an iron rod is also rendered insufficient in the absence of other relevant evidence to connect the accused persons with the crime alleged. In view of the nonrecovery of deadbody of Nitish Chaudhary and the absence of other relevant material depicting availability of any incriminating evidence or its removal from the premises, the charge U/s 201/34 IPC could not be sustained either. As such this Court finds it appropriate to order the acquittal of all accused persons for the commission of offences punishable U/s 364/342/302/201/34 IPC.
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75. Since PW1 Saurabh @ Titu has not supported the case of the prosecution qua his own confinement, beatings at the hands of accused persons and threats extended to him, accordingly all the accused persons are also acquitted of the relevant charges punishable U/s 342/323/506/34 IPC.
76. It is not denied that accused Ashutosh @ Sonu Nagar was declared a proclaimed offender by this court in this case vide order dated 10.12.2021 on account of his failure to appear despite a proclamation issued u/s 82 Cr.P.C. against him. Accordingly, the said accused stands convicted of the offence punishable U/s 174A IPC.
Digitally signed by LOVLEEN Dictated and Announced LOVLEEN Date: 2023.09.19 16:25:56 +0530 in open court on 19.09.2023 (LOVLEEN) ASJ03 (South East), Saket Courts, New Delhi FIR No: 493/2015, PS: Sarita Vihar Case Registration No. 2071/2016 page no. 93 of 93