Delhi District Court
State vs Md. Adil Khan on 4 December, 2024
DLNW010012702015
Presented on : 18-05-2015
Registered on : 25-05-2015
Decided on : 04-12-2024
Duration : 09 years 06 months
16 days
IN THE COURT OF
ASJ/SPECIAL JUDGE(NDPS)
AT NORTH WEST, ROHINI COURTS, DELHI
(Presided Over by Sh. Vikram)
SC/52599/2016
Annexure 'A'- List of witnesses
Annexure 'B'- List of exhibits
STATE
Through Police Station Officer Punjabi Bagh
NORTH WEST DELHI
VERSUS
1. MOHD. ADIL KHAN
S/o Late Mohd. Qumar Khan
R/o House No. 95, Pratap Khand,
Vishvkarma Nagar, Shahdra, Delhi.
2. MOHD. SONU @ MOSUM
S/o Sh. Moharram
R/o House No. 7A, Kanchan Park,
Near Jannati Masjid, Loni,
Ghaziabad, U.P.
3. AMIT KUMAR @ BABLU @ KALLU
S/o Sh. Satbir Singh
SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 1 of 46
Digitally signed
by VIKRAM
VIKRAM Date: 2024.12.04
16:35:17 +0530
R/o Village & PS Rohata,
District, Merrut, U.P.
4. SHAHZAD @ KUDDU
S/o Sh. Abdul Sattar
R/o Mushtaphabad, Kachchi Colony,
Ward No. 39, Sitara Masjid Road,
Loni, Ghaziabad, U.P.
5. SHAHZAD (since Proclaimed Offender)
S/o Sh. Nawab Ali
R/o Village Kalina, PS Sarur Pur,
District Merrut, U.P.
6. ASHISH KUMAR (since Proclaimed offender)
S/o Sh. Satender Kumar
R/o Village Rohata, PS Rohata,
District Merrut, U.P.
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Ld. APP for State : Sh. Vineet Dahiya
Ld. counsel for accused Mohd. Sonu @ Mosum : Sh. A.N.Ansari
Ld. Amicus Curiae for accused Amit & Shahzad @ Kuddu : Sh.
Ashish Dahiya
Ld. counsel for accused Adil Khan : Sh. Abu Bakr
FIR No. : 36/2015
Police Station : Maurya Enclave
Under Section : 120B, 302/120B, 395/120B,
396/120B IPC, 397/120B IPC,
412 IPC & 25/27 Arms Act
JUDGMENT
(Delivered on 04-12-2024)
1. Facts of the prosecution case, as projected from charge sheet, are that the accused Adil Khan (A1) was friend with accused Shezad (A5) and through A5, A1 had met with other accused Amit @ Kalu (A3), Guddu (A4) (later found Shehzad @ SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 2 of 46 Digitally signed by VIKRAM VIKRAM Date: 2024.12.04 16:35:25 +0530 Kuddu) and Ashish (A6). In the beginning of January 2015, A5 had shared with A1 that there is a big party in PitamPura which daily transects in Rs. 10-15 lacs and he wanted to loot that money. A1 was running short of money, therefore, he agreed to help A5. Accordingly on 06.01.2015 A1, in his car, went to Shyamlal Collage Shahdra where he met A5 and his friends. They all sat in the car of A1 and arrived at Pitampura. After parking the car at market of Pitampura they conducted reconnaissance of the area and A5 showed them the route and flat no. EU 29A (SOC), where the robbery was to be committed. It was A2(Mohd. Sonu @ Mosum) who had given the information about the office, to A5. After reconnaissance all accused returned.
2. Thereafter on 09.01.2015 all accused, except A2, gathered at Shyam Lal Collage. A5 and A3 were armed with fire arms. They all got in car of A1. A1 drove his car to EU Block Market Pitampura and parked in front of one building near temple. After leaving the car they all came near place of incident and A5 gave a Rs. 500 note to A1 and asked him to go to the office and pretend taking change and see the count of persons in the office. A1 came to the SOC and when he entered the office he met Pw14. A1 asked Pw14 for change and Pw14 directed A1 to deceased, who was sitting in office. Deceased was counting cash on his desk. A1 asked deceased for change but deceased refused. A1 came out and went back to other accused persons and told them about the situation. A5 instructed A1 to go to car and keep the ignition of car on.
SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 3 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:35:33 +05303. After that A3 to A6 entered the office of deceased. First they threatened Pw14 that he is committing illegal Act of keeping illicit fire arms and pretended checking his desk. One of them i.e. A4 dragged Pw14 from collar and brought him in the office of deceased and they started threatening deceased on gunpoint. The money lying on desk was put in the bag brought by accused person. When deceased objected they hit and dragged the deceased and put him down. When deceased started shouting he was shot by A5 and then they left. While leaving they threatened Pw14.
4. Deceased Nikhil Agarwal was running the office at SOC in the name of 'Perfect Distributor' and was distributor of Airtel and Aircel connections and he used to have daily collection of around 7-8 lacs. On the date of incident also deceased had around 7-8 lacs of cash in his office.
5. After the incident Pw14 rushed to the office of brother of deceased and from there Pw14 called at 100 number. They returned to spot and shifted the deceased to hospital. Pw14 stayed at spot till arrival of police. Police got the information vide DD no. 35A (Ex.Pw4/D) which was marked to Pw25. At the same time information was shared with SHO and ATO. Police officials including IO/Pw50 reached at spot and on finding that the injured is shifted to hospital, Pw50, after instructing the staff for preservation of spot, left for hospital. Pw50 found that injured was declared brought dead. After returning to spot Pw50 met SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 4 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:35:40 +0530Pw14 and recorded his statement Ex.Pw14/A. On Ex.Pw14/A, Pw50, prepared Ruqa Ex.Pw50/A and got the FIR Ex.Pw4/A registered.
6. Pw50 took over the investigation and after collecting the exhibits and getting the spot photographed called FSL team for inspection of CCTV footage. With the help of FSL expert copy of relevant footage were collected in pen drive. After getting the footage and photographs from FSL the facts told by Pw14 were found correct. Therefore copies of photographs were shared with other police stations and with informants. The photographs were also published in news paper.
7. Pw41/Ct. Deepak of PS Vivek Vihar had read the news about robbery in news paper and was aware about photographs of suspects of robbery. On 19.02.2015 while patrolling at beat no. 9 during inquiry from the local vendors he came to know about the identity of A1 and his address i.e. H No. 95, Pratap Khand, Vishvakarma Nagar, Jhilmil Colony Shahdara. On 20.02.2015 Pw41 went to the locality of A1 and after verifying his identity and address, contacted the IO and on instructions of IO he took A1 to PS Vivek Vihar. Later the IO came to PS Vivek Vihar and arrested A1. On disclosure and identification of A1, A2 was arrested on 24.02.2015. Pw45 from Special Staff was also looking for the clues of robbers and on secret information received by him, he shared the same with IO and A4 and A5 were arrested on 28.02.2015. A3 was already in custody in some other case therefore he was also arrested 28.02.2015. A6 was SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 5 of 46 Digitally signed by VIKRAM Date: VIKRAM 2024.12.04 16:35:47 +0530 arrested on 22.03.2015 when he was about to appear in a case in Rohini Court.
8. From the disclosure statements of accused persons, recoveries effected from them, their identification from Pw14, matching of their identities with CCTV footage and CDR connections, all of the accused were chargesheeted for commission of offences u/S 302/395/396/397/412/120B/34 IPC and 25/27 Arms Act.
9. Accordingly all the accused were committed for trial and on 29.01.2016 all the accused were jointly charged for commission of offences u/S 120B IPC, 302/120B IPC, 395/120B IPC and 396/120B IPC. A3 and A5 were additionally charged for offence u/S 397/120B IPC for using deadly weapon while committing robbery. They were also charged u/S 27 Arms Act for illegal discharge of fire arm. A5 was also charged u/S 25 arms Act for recovery of illegal fire arm from his possession. Since there was recovery of robbed money A3, A4, A5 and A6 were also charged u/S 412 IPC. The accused persons pleaded not guilty to all the charges and claimed trial.
10. In order to prove its case prosecution examined 56 witnesses. Relevant portion of their testimony is as under:
10.1 Pw1 had collected the exhibits from malkhana vide RC no.
5/21/15 dated 27.01.2015 and deposited them in FSL.
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10.2 Pw2 is special messenger on 09.01.2015 who delivered the copies of FIRs to higher officials including the area magistrate.
10.3 Pw3 is the MHCM and he proved the malkhana entries of register no. 19 Ex.Pw3/A to Ex.Pw3/H. He also proved the road certificates, of movement of case properties/exhibits, Ex.Pw3/J to Ex.Pw3/M and the FSL receipts Ex.Pw3/N to Ex.Pw3/Q. 10.4 Pw4 is the duty officer and he proved the FIR and DD entries Ex.Pw4/A to Ex.Pw4/F. 10.5 Pw5 is the photographer and proved the photographs of A6, taken on 23.03.2015, which are part of Ex.P3.
10.6 Pw6 proved the crime team report dated 09.01.2015, Ex.Pw6/A. 10.7 Pw7 proved the report of collection of data from the DVR at spot Ex.Pw7/A. He also proved the report of generation of photographs of the culprits from CCTV footage Ex.Pw7/B. Pw7 had compared the photographs of accused, taken in PS, with photographs generated from CCTV footage, of the crime scene and proved his report Ex.Pw7/C confirming that accused are the one captured in CCTV footage. He further proved the DVD Ex.P1 which contains the footage of commission of crime and shows the presence of accused persons playing respective part. He also proved the DVD Ex.P2 containing the photos of accused persons taken during investigation. Pw7 also proved the 49 SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 7 of 46 Digitally signed by VIKRAM Date: VIKRAM 2024.12.04 16:36:10 +0530 photographs of accused persons, except of A2, as Ex.P3. Pw7 further proved the CCTV apparatus he had examined as Ex.P4. Pw7 further proved his observation sheet with respect to his opinion matching the accused person's photographs with the still footages of CCTV of incident as Ex.Pw7/M1 to Ex.Pw7/M4.
10.8 Pw8 proved the post mortem report of deceased Ex.Pw8/A as per which cause of death was hemorrhagic shock consequent to penetrating injuries caused by projectile discharged through firearm which was sufficient to cause death in the ordinary course of nature.
10.9 Pw9 had taken the photographs of A3, A4 and A5, on 13.03.2015, (part of photographs Ex.P3) which were seized along with photographs of other accused persons vide memo Ex.Pw9/A. 10.10 Pw10 had taken the photographs, part of Ex.P3, of A1 on 22.02.2015 and after developing, handed the same to IO.
10.11 Pw11 proved PCR Form I of the call received at 07.08 pm of 09.01.2015, from mobile no. 7531975852, as Ex.Pw11/A. 10.12 Pw12 proved the MLC Ex.Pw12/A, of deceased who was declared brought dead.
10.13 Pw13 is father of deceased who deposed about the business of deceased. He proved the 9 cash receipts Ex.P5 SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 8 of 46 Digitally signed by VIKRAM Date: VIKRAM 2024.12.04 16:36:16 +0530 (colly), of the collections on date of incident Ex.Pw13/B, seizure memo of cash receipt books Ex.Pw13/A, seizure memo Ex.Pw13/C of copy of rent agreement of office of deceased and the attendance register, Ex.P6, of employees.
10.14 Pw14 is the complainant. He proved his complaint Ex.Pw14/A and deposed in the line of complaint. He identified A1 as the one who came before the offence, seeking change of Rs. 500/-. He identified A4 as the one who came to him and took him to the cabin of deceased. He identified A5 as the one who shot deceased, A3 as the one who hit the deceased on shoulder with the butt of pistol/katta and A6 as the one who filled the cash in the bag and the one who exhorted by saying ' goli maro warna hum sab fas jayenge' and took the bag filled with cash and hit/broke the CCTV. Pw14 had identified A3 in Judicial TIP and proved the same as Ex.Pw14/B. 10.15 Pw15 the elder brother of deceased and Pw16 the brother in law of deceased proved the dead body identification memos Ex.Pw15/A and Ex.Pw16/A respectively. Pw16 also proved the dead body handing over memo Ex.Pw16/B. 10.16 Pw17 proved the certificate u/S 65B IEA with respect to PCR Form I, of the calls received on 09.01.2015 at 19.13.44 hrs and 19.08.42 hrs. 10.17 Pw18 proved the scaled site plan Ex.Pw18/A. SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 9 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:36:24 +053010.18 Pw19 proved the PCR From I of the information received at 7.16 pm of 09.01.2015 from mobile no. 8285389767 as Ex.Pw19/A. 10.19 Pw20 is the owner of premises 29A, EU Block Pitam Pura (SOC) and proved the rent agreement of premises with deceased as Ex.Pw20/A1 and also proved its seizure memo Ex.Pw20/A. 10.20 Pw21 proved CAF, KYC and CDR of mobile no.
9911616420, issued in the name of Rahusu as Ex.Pw21/A to Ex.Pw21/C respectively. He also proved CAF, KYC and CDR of mobile no. 9540962813, issued in the name of Asif as Ex.Pw21/D to Ex.Pw21/F respectively. He further proved CAF, KYC and CDR of mobile no. 9568924454, issued in the name of Shagun Pal as Ex.Pw21/G to Ex.Pw21/I respectively.
10.21 Pw22 proved CAF, KYC and CDR of mobile no. 8882064587, issued in the name of Anoop as Ex.Pw22/A to Ex.Pw22/C respectively. He also proved CAF, KYC and CDR of mobile no. 9310452584, issued in the name of Moharam Ali as Ex.Pw22/E to Ex.Pw22/G. He also proved the certificates u/S 65B IEA with respect to electronic record as Ex.Pw22/D and Ex.Pw22/H. 10.22 Pw23 proved CAF, KYC, CDR and location chart with respect to mobile no. 7053253744, issued in the name of Dharamvir as Ex.Pw22/A to Ex.Pw22/D and also proved the certificates u/S 65B IEA Ex.Pw23/E and Ex.Pw23/F. SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 10 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:36:31 +053010.23 Pw24 proved CAF, KYC and CDR of mobile no.
9953128618, issued in the name of A1 as Ex.Pw24/A to Ex.Pw24/C. He also proved CAF, KYC and CDR of mobile no. 9643128242, issued in the name of A4 as Ex.Pw2E/A to Ex.Pw22/G. He also proved the certificates u/S 65B IEA with respect to electronic record as Ex.Pw24/D and Ex.Pw24/H. Pw24 also produced cell ID chart Ex.Pw24/I. 10.24 Pw25 is the first IO who was marked the DD entries who along with Pw38 visited the spot. Their role is already discussed in brief facts. He proved the seizure memo of belongings of deceased, seized at Saroj Hospital as Ex.Pw25/A. He also proved the seizure memo of exhibits lifted from spot as Ex.Pw25/B. He had also joined on next day when the FSL experts had seized the DVR and CCTV footage and proved its seizure memo Ex.Pw25/C. 10.25 Pw26 from FSL proved the bio report Ex.Pw26/A and serological report, of the exhibits examined by him.
10.26 Pw27 proved the crime team report Ex.Pw27/A. 10.27 Pw28 to 36 are the sales executives in the office of deceased who deposed about the collection of 09.01.2015 and its deposit with the deceased and proved their receipts Ex.Pw13/B1 to Ex.Pw13/B9 respectively.
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2024.12.04 16:36:38 +053010.28 Pw37 is the photographer who was called by the IO for recording the post mortem of deceased. He was also called in PS on 01.03.2015, 13.03.2015 and 23.03.2015 when he prepared the video of four accused in PS and gave two CDs of the Video to the IO which were seized vide memo Ex.Pw37/A. He also proved the certificate with respect to CDs as Ex.Pw37/B. 10.29 Pw39 had joined investigation on 12.03.2015 when A4 led to his house and got recovered part of the robbed money. He proved the seizure memo of money recovered from house of A4, (Rs. 10000/-, 10 notes in denomination of Rs. 1000/-) as Ex.Pw39/A and proved and identified the same as Ex.P7.
10.30 Pw40 was on patrolling on the date of incident and had reached at spot on receipt of incident on wireless. Like first IO he is also witness to the proceedings at spot and seizure of case property vide memo Ex.Pw25/B. He had also joined the investigation on 28.03.2015 when A6 led the police to his room and got recovered 20 currency notes of denomination Rs. 500/-
which were seized vide memo Ex.Pw40/A. He proved those currency notes as Ex.P8.
10.31 Role of Pw41 is already discussed in brief facts.
10.32 Pw42, photographer in the crime team proved the photographs of the spot Ex.Pw42/A (colly).
10.33 Pw43 joined the investigation on 26.02.2015 when A2 in SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 12 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:36:47 +0530 police custody pointed out the place of incident as the place shown to A5. He proved the pointing out memo Ex.Pw43/A. 10.34 Pw44 proved the photographs of Car, Ex.P11, of A1 as Ex.Pw44/A (Colly).
10.35 Pw45 was SI in Special Staff who had received the secret information of accused Shehzad(A5) and Shehzad @ Kuddu (A4), about their arrival at Wazirabad T Point, therefore, he shared the information with IO of this case and reached at Wazirabad T point where the IO had also reached with accused Adil Khan(A1) in custody. He deposed that at about 9 pm two boys were spotted alighting from a TSR and after that they came under Wazirabad flyover and those boys were identified by accused Adil Khan and the secret informer separately, therefore they were apprehended and arrested. He proved their arrest memos Ex.Pw45/A and Ex.Pw45/B, their personal search memo Ex.Pw45/C and Ex.Pw45/D. Pw45 also deposed that from possession of accused Shehzad(A5) of village Kilana two mobile phones were recovered and same were seized vide memo Ex.Pw45/E and from his personal search some documents including visiting card of Sonu Scarp Center were recovered. It was found that the accused Shahzad(A5) was in contact with Sonu Scrap Dealer of Pitampura.
Pw45 had also joined the investigation on 01.03.2015 when accused Shahzad led the police to his village Kilana Saroorpur UP and from his house from steel Almirah he got recovered one Katta (country made firearm) an two live rounds.
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He proved the sketch of Katta and rounds Ex.Pw45/F and its seizure memo Ex.Pw45/G. He further deposed that accused Shahzad also got recovered Rs. 30,000/- which were seized vide memo Ex.Pw45/H. He further deposed that accused also got recovered his clothes i.e. blue jeans pants, one hooded jacket of UCB, worn at the time of commission of offence and the same were also sealed and seized vide memo Ex.Pw45/I. Pw45 identified the case properties i.e. currency notes Ex.P11A, mobile phone recovered from accused Shehzad Ex.P12, country made pistol with cartridge Ex.P18, clothes and the bag Ex.P16, visiting card of Sonu Scrap Center Ex.P22.
10.36 Pw46 was posted in PS Mauyra Enclave and was called to assist in inquiry on the date of incident therefore, at around 7.45 pm he reached at spot. He remained at the spot and witnessed the proceedings conducted by crime team and after preparation of Rukka he was sent to PS for registration of FIR. Pw46 had returned to spot with rukka and FIR and continued in investigation and witnessed the proceedings conducted by FSL team and seizure of pullinda vide seizure memo Ex.Pw25/C. He had joined with IO when they visited Saroj Hospital where they received the dead body and shifted to Mortuary BSA Hospital where he post mortem of deceased was conducted after which the exhibits collected from body were seized vide memo Ex.Pw50/E and brought to PS and deposited in malkhana. He also deposed about one Mohider who brought a back cover of I phone stating to have found near one dump yard and proved its seizure memo Ex.Pw48/A. SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 14 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:37:00 +0530Pw46 further deposed that he also joined on 12.01.2015 when FSL team was called at spot of incident and the team inspected the spot and lifted exhibits which were seized vide memo Ex.Pw50/F and after the team left the father of deceased handed over 9 cash receipts, seized vide memo Ex.Pw13/A. Pw46 had again joined the investigation on 16.01.2015 when, on instruction of IO, he took the exhibits to FSL vide RC no. 2/21/15 and deposited the same in FSL against receipt. He again joined on 28.02.2015 when accused Amit was formally arrested, bu IO, from Tihar Jail vide memo Ex.Pw49/J and recorded his disclosure statement Ex.Pw49/K. He further deposed about IO receiving information from Special Staff and their visit to Wazirabad flyover where accused Shehzad and Shehzad @ Kuddu were apprehended and arrested. Like Pw45 he is also witness to the memos prepared there.
Pw46 further deposed that after bringing to PS accused Shehzad S/O Nawab Ali and Shehzad @ Kuddu gave their disclosure statements Ex.Pw49/M and Ex.Pw49/N and they led the police to the place of incident where pointing out memo Ex.Pw50/B and Ex.Pw50/B1 were prepared. He had again joined investigation on 19.03.2015 when he took the exhibits from malkhana and deposited in FSL vide RC no. 12/21/15. He had also joined investigation on 22.03.2015 when on secret information accused Ashish was arrested vide memo Ex.Pw49/Q and his personal search was conducted vide memo Ex.Pw49/Q1. He also proved the disclosure statement of Ex.Pw49/Q2 and pointing out memos Ex.Pw49/Q3 and Q4, of spot of incident and place where looted mobile was thrown after breaking.
SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 15 of 46 Digitally signed by VIKRAM VIKRAM Date: 2024.12.04 16:37:08 +0530 10.37 Pw47 deposed that as per telecom record the mobile phone number 9897589077 was issued to one Fitten Narula Singh however, the CAF and KYC documents were untraced and the IO was informed about the same vide Ex.Pw47/A he proved its CDR from 01.12.2014 to 31.01.2015 Ex.Pw47/B alongwith location chart Ex.Pw47/D. He also proved the letter, Ex.Pw47/E, forwarding documents of mobile no. 7037507041 as per which the mobile number was issued in the name of Amit Kumar S/O Satbir Singh, against CAF/KYC Ex.Pw47/H. Pw47 further proved CDR of this number from 12.01.2014 to31.01.2015 as Ex.Pw47/F. 10.38 Pw48 is the labour who found the broken mobile phone of deceased. He deposed that that broken portion was having a sim therefore he used that sim in his phone and police tracked him and after inquiry seized the mobile phone vide memo Ex.Pw48/A. He identified the piece of I phone and sim seized as Ex.P13 and Ex.P14 respectively.
10.39 Pw49 had joined the investigation, with IO, from 21.02.2015 to 14.04.2015. He proved the arrest memo, personal search memo and the disclosure statement of accused Adil khan dated 21.02.2015 vide Ex.Pw49/A to Ex.Pw49/C respectively.
He deposed about accused Adil Khan leading to his house and recovery of his Indica Car bearing no. DL-4CU-5525 (Ex.P11) seized vide memo Ex.Pw49/D. He also deposed about arrest of accused Sonu Kabari, on secret information, on 24.02.2015 and SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 16 of 46 Digitally signed by VIKRAM Date: VIKRAM 2024.12.04 16:37:16 +0530 proved his arrest memo Ex.Pw49/F, personal search memo Ex.Pw49/G and disclosure statement Ex.Pw49/H. He also proved the seizure memo of mobile phone from accused Sonu vide memo Ex.Pw49/I. Pw49 further proved the formal arrest accused Amit Kumar, who was already running JC in some other case, vide arrest memo Ex.Pw49/J and his disclosure statement Ex.Pw49/K. He was also present with the IO, on 28.02.2015, at the time of apprehension of accused Shehzad S/o Nawab Ali and Shehzad @ Kuddu, from Wazirabad flyover and witnessed the documents/memos prepared there. He further deposed that after their arrest Shehzad and Shehzad @ Kuddu were brought to PS and proved disclosure statement of accused Shehzad @ Kuddu Ex.Pw49/L and of accuse Shehzad Ex.Pw49/M. Pw49 had also accompanied the IO, on 01.03.2015, when accused Shehzad S/o Nawab Ali led the police to his native place at village Kilana and got recovered, country made pistol with live cartridges, his bag with clothes worn at the time of crime and Rs. 30,000/- and witnessed the memos and documents prepared there. Pw49 again joined investigation on 11.03.2015 when accused Amit Kumar led the police to his house and got recovered a wad of 80 currency notes of Rs. 500/- as his share of loot and proved its seizure memo Ex.Pw49/N after which accused led the police to spot and pointed out the SOC vide memo Ex.Pw49/O. He had again joined on 12.03.2015 when accused Shehzad @ Kuddu led the police to his house at ward no. 39 Loni Ghaziabad and got recovered 10 currency not of Rs. 1000/- each and witnessed its seizure memo Ex.Pw39/A. He again joined on 13.03.2015 when accused Amit, Shehzad @ Kuddu and Shehzad led the police to SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 17 of 46 Digitally signed by VIKRAM Date: VIKRAM 2024.12.04 16:37:23 +0530 the heap of trash, at the corner of Gela Ram Park, near SD Public School where Ashish had thrown the mobile of deceased and proved their pointing out memos Ex.Pw49/P, Ex.Pw49/P1 and Ex.Pw49/P2 respectively.
Pw49 further deposed about his joining with IO on 22.03.2015 when on secret information accused Ashish was apprehended near the gate of FSL, adjacent to Rohini, when he was coming to attend some case and proved his arrest memo Ex.Pw49/Q, personal search memo Ex.Pw49/Q1 and his disclosure statement Ex.Pw49/Q2. After that Ashish led the police to SOC and the place where the mobile of deceased was thrown and pointed out the scenes vide memo Ex.Pw49/Q3 and Ex.Pw49/Q4 respectively. He had again joined on 28.03.2015 when accused Ashish led the police to his house at Ganpativihar, Kankarkhera, Meerut UP where he got recovered 20 currency notes in denomination of Rs. 500/- and the reversible hooded jacket worn by him at the time of commission of offence and witnessed their seizure. He again joined on 30.03.2015 when IO seized the CD of videography of accused persons vide memo Ex.Pw37/A and on 08.04.2015 when IO got the copy of excerpts of CCTV footage from FSL and seized vide memo Ex.Pw49/R. On 13.04.2015 Pw49 hd taken the exhibits from Malkhana to FSL vide RC No. 29/21/13. Thereafter, on 14.04.2015 he was with IO when IO seized the copy of rent agreement from the land lord of premises and attendance register of the employees of the deceased produced by father of deceased.
10.40 Pw50 is the IO and besides the documents and exhibits SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 18 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:37:30 +0530already discussed, he proved the tehrir Ex.Pw50/A, site plan prepared at the instance of eye witness Pw14 Ex.Pw50/B, inquest proceedings Ex.Pw50/C and Ex.Pw50/D, seizure memo of the bullet retrieved from the body of deceased Ex.Pw50/E, seizure memo of the exhibits lifted from the spot, by FSL Team, Ex.Pw50/F, request letter to FSL to provide the still identifiable footages of the robbers in unsealed condition Ex.Pw50/G, 33 photographs developed from the CCTV footage to ascertain the sequence of events Ex.Pw50/H (colly) in which accused persons are seen playing their part in commission of crime and identifiable. He also proved the request letter Ex.Pw50/I, sending the CD/DVDs and the 49 photographs (Ex.P3) to FSL for examination and comparison, and the request letter Ex.Pw50/J for examination and match of exhibits received after post mortem with the exhibits recovered from spot. Pw50 also proved his application seeking permission of interrogation of accused Amit, who was in JC. He also proved the news paper dated 19.02.2015, Ex.Pw50/K, seeking public help to identify the culprits of robbery. He further proved the seizure memo of mobile phone of accused Adil khan Ex.Pw50/L, pointing out memo Ex.Pw50/M and the application Ex.Pw50/N whereby accused Adil Khan refused to participate in TIP. He also proved the forwarding letter Ex.Pw50/O through which he sent the bullet retrieved from the body of deceased and the fire arm recovered from accused Shehzad @ Nawab, with request to give a finding if the bullet retrieved was fired from the firearm seized and deposed that the finding came positive and he submitted the report with application Ex.Pw50/O1. Pw50 also proved the pointing out SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 19 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:37:38 +0530 memo of the place of incident of accused Shehzad @ Kuddu and Shehzad as Ex.Pw50/P and Ex.Pw50/P1, site plan of the place of recovery from accused Shezad S/o nawab Ali Ex.Pw50/P2, , site plan of place of recovery from accused Amit Ex.Pw50/P3, site plan of place of recovery from accused Shehzad @ Kuddu Ex.Pw50/P4 and site plan of the place of recovery from Ashish Ex.Pw50/P5.
10.41 Pw51 proved the FSL results on fire arm and ammunitions and the bullet retrieved from the body of deceased Ex.Pw51/A and Ex.Pw51/B. 10.42 Pw52 proved the FSL result Ex.Pw52/A and Ex.Pw52/B confirming that bullet retrieved from body of deceased was fired from the firearm recovered from accuse Shehzad S/O Nawab Ali.
10.43 Pw53 proved the record Ex.Pw53/A that vehicle no.
DL-4CU-5525, make Tata Indica was registered in the name of Adil Khan S/O M Q Khan R/O 95, Pratap Khand, Vishkarma Nagar Delhi, vide from 29 and 30 Ex.Pw53/B. 10.44 Pw54 proved the sanction u/S 39 Arms Act Ex.Pw54/A. 10.45 Pw55 proved the FIR no. 9/14 PS Rohta and FIR No. 33/15 PS Rohta Ex.Pw55/A and Ex.Pw55/B respectively and produced the case properties of these FIRs i.e. fire arm and the cartridges recovered from accused Amit as Ex.P23.
SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 20 of 46 Digitally signed by VIKRAM VIKRAM Date: 2024.12.04 16:37:46 +0530
10.46 Pw56 proved the FSL result with respect to retrieving the copy of CCTV footage from the DVR seized from the office of deceased as Ex.Pw56/A.
11. After completion of prosecution evidence, accused Adil Khan, Mohd. Masoom @ Sonu, Shehzad @ Kuddu and Amit Kumar @ Kalu were examined u/S 313 Cr.PC in which they were put all the incriminating material. All of them claimed innocence and false implication. They stated that the case properties are planted on them and the memos are fabricated. To the video footage of CCTV the accused persons, except Mohd. Masoom as it is not against him, they claimed that the video footage is fabricated. Accused persons, however, opted not to lead evidence in defence. Therefore final arguments heard and record perused carefully.
12. The crime was covered in CCTV. The defence would press for rejection of CCTV from the evidence against accused persons, for not following proper procedure in its seizure and proving the chain of custody. Defence would also seek its rejection for its unreliability claiming that the footage is fabricated.
13. However, both these contentions are liable to be rejected. The CCTV footage was seized by calling FSL experts. Report Ex.Pw7/A shows that the experts reached at SOC at 12.45 and photographed the installation of DVR and camera and from that DVR relevant video recordings were retrieved after recording the SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 21 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:37:53 +0530clock time of DVR and the DVR was shut down at 2.40 pm. At the same time the IO had seized the DVR. This DVR too was examined by Pw7 who compared the data in the pendrive with the DVR and found indication of alteration between the two. It was from the CCTV footages, Pw7 had developed still photographs Ex.Pw50/H, showing the face of accused persons.
14. Although the FSL expert has proved his report after analysing the features of the accused persons in photos Ex.P3 with the image of persons in the CCTV Footage and confirmed that the accused persons are the same who had committed the robbery, even if this report was not there, the video quality of the footage is so clear that the identity of accused persons can be verified with them even after these many years. The CCTV footage of camera covering the Gali i.e. camera 3 shows that gali makes a T point and accused Adil Khan and accused Shehzad emerge from left and go straight across the gali and Adil returned and came towards the office of deceased. Meanwhile Shehzad returns back to the left side and within few seconds Adil Khan returns and he also goes to the left side. After that four accused come towards the office of deceased. There were two more CCTV cameras in the office of deceased, one covering the outer desk focused towards the main door i.e. Camera 4, and other in the chamber of deceased i.e. Camera 2, focused towards main door, covering the table, the chair in front of table before the door and the bench on the left of table of deceased.
15. These footages in the office of deceased also covered that SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 22 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:38:09 +0530first accused Adil Khan entered the office with a currency note in his hand and turned to his right and talked to Pw14. Pw14 then directed Adil Khan towards deceased and from the gate itself he talked to deceased and immediately returned. After few minutes accused Shehzad entered the office followed by accused Amit and then accused Shahzad @ Kuddu. Accused Ashish entered last carrying a backpack. Out of these four accused Shehzad @ Kuddu went towards Pw14 and rest of three entered the chamber of deceased. Shehzad and Amit were carrying a country made firearm and the moment Shaezad entered the chamber he can be seen threatening deceased showing the firearm and asking deceased to sit silent. After that Shehzad opens the almirah and takes out cash and Ashish puts the cash in the backpack, while Amit kept the deceased under his control on the bench at left of desk and deceased was asked to get up and accused Amit takes the mobile phone of deceased. Somehow Ashish notices the CCTV camera, therefore, he gets on the bench to turn the camera and around this time accused Shehzad brings Pw14 to the chamber of deceased. Ashish successfully turns down the camera in the chamber and it gets blank.
16. The the camera in the front desk covers the entry of accused persons in the chamber of deceased, dragging of Pw14 by, accused Shahzad @ Kuddu, to the chamber of deceased and the escape of accused persons. While they leave the camera records the deceased lying on the floor some portion of his legs out of the door of chamber. Pw14 who was made to sit on the chair in front of table of deceased gets up looks at deceased and SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 23 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:38:17 +0530goes out of the office and after sometime returns with father of deceased. After that brother of deceased also arrives and then many persons come to see the deceased. Deceased was alive all this time. Unfortunately no one made prompt effort to immediately shift the deceased to any nearest hospital or stopping blood flow. Deceased was lifted after he already lost most of his blood. However, immediate shifting might not have saved the deceased, given the nature of injury, but even an attempt was not made.
17. Anyhow, the accused Adil Khan, Shehzad @ Kuddu and Amit Kumar clearly visible in the CCTV footage committing crime. There is no need for any further discussion except the admissibility of the CCTV footage, which from the fact that the footage was seized by the FSL team and developed independently, cannot be questioned. Pw14 in his deposition has given exact account and identified all the accused persons.
18. Therefore, all accused persons who are captured in CCTV committing crime, including A1, except A2 are liable for commission of robbery. To the charge of murder or deceased Ld. Counsel for A1 would submit that even though the circumstances have proved that A1 had help the A3 to A6 by providing the intel, he could not be presumed to have knowledge that the A3 to A6 would commit murder of deceased while committing robbery and since A1 was not present at the spot at the time of commission of robbery he cannot be vicariously held liable for murder of deceased.
SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 24 of 46
Digitally signed
by VIKRAM
VIKRAM Date:
2024.12.04
16:38:25 +0530
19. A1 is jointly charged with other accused persons for
conspiracy to commit dacoity, for murder in furtherance of that object of dacoity, commission of dacoity and murder in commission of dacoity. The charges u/S 302/120B and 396/120 IPC appear to be overlapping. However, the facts proved and as discussed above show that A1 was in conspiracy with A3 to A6 and his role was not limited to providing intel but to aid other accused in fleeing from the spot. As such he is not just an accessory but an active participant of the crime. Therefore this robbery being committed by 5 persons, four actually committing robbery and one aiding by assistance, is dacoity.
20. Section 396 IPC provides for joint liability on the members of dacoity even if one of them committed murder in committing robbery. Although, for destruction of camera in chamber of deceased, the person shooting at the deceased is not captured, Pw14 who was brought to that chamber, has categorically deposed that the deceased was shot by accused Shehzad S/O Nawab Ali. Shehzad S/o Nawab Ali has been identified and seen carrying country made fire arm and the FSL report proves that the bullet retrieved from the body of deceased was fired from the country made firearm/Katta recovered from him. Hence one of the dacoit committing murder will make every member guilty for the murder of deceased.
21. However, A2, Mohd. Mausam has nothing to do with the commission of robbery. He is roped under the allegation that he SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 25 of 46 Digitally signed by VIKRAM Date: VIKRAM 2024.12.04 16:38:32 +0530 provided that initial input to accused Shahzad S/o Nawab Ali and told about the business and opportunity of robbing the deceased. To prove this allegation there is nothing except the disclosure statement of accused persons and alleged recovery of one visiting card in the name of Sonu Scarp Dealer. Prosecution would also place reliance of CDRs between A2 and other accused, however, it is settled law that mere CDR connectivity, in absence of any intercepted conversation of conspiracy, is not sufficient to hold the charge of conspiracy. A2 is not identified by any witness as the scrap dealer working in that area. Therefore, no charge is proved against A2.
22. So far additional charge u/S 397 IPC and 27 Arms Act against accused Amit is concerned the CCTV footage clearly shows him carrying and pointing Katta at deceased and threatening him. Therefore there is no doubt on these charges.
23. With respect to charge u/S 412 IPC it is submitted on behalf of all accused that the money was planted on them and the recovery, for non joining of public/independent witnesses in the seizure proceedings the recovery is not reliable. This argument could have worked had the prosecution had not proved the CCTV. The footage shows that accused persons robbed multiple wads, almost a bag full, from the locker of deceased. After such huge robbery if the money is recovered from the persons who committed the robbery, even if there is no independent witness, there is little to doubt the recovery of money and its character that the same is robbed property.
SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 26 of 46 Digitally signed by VIKRAM VIKRAM Date: 2024.12.04 16:38:39 +0530
24. Hence I am of the view that prosecution has proved all the charges against accused Adil Khan, Shehzad @ Kuddu and Amit Kumar @ Kalu. Therefore, these accused are held guilty on all the charges. However, for reasons recorded above the accused Mohd Mausam @ Sonu, for insufficiency of evidence, is acquitted.
Digitally signed by VIKRAM Date:VIKRAM 2024.12.04 16:38:45 +0530 Date : 04.12.2024 (Vikram) ASJ-02/Spl. Judge (NDPS), North West, Rohini Courts, Delhi/04.12.2024 Dictated on : 04.12.2024 Digitally signed by VIKRAM Transcribed on : 04.12.2024 VIKRAM Date:
2024.12.04 checked on : 04.12.2024 16:38:51 +0530 Signed on : 04.12.2024 (Vikram) ASJ-02/Spl. Judge (NDPS), North West, Rohini Courts, Delhi/04.12.2024 SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 27 of 46 Annexure 'A' List of Prosecution Witnesses S.No. PW No. Name of Witness Details of Witness
1. PW-1 Ct. Babloo Police witness
2. PW-2 Ct. Praveen Special messenger
3. PW-3 HC Jai Roop MHCM
4. PW-4 ASI Mahnder Singh Duty Officer
5. PW-5 Ct. Anil Kumar Photographer
6. PW-6 Retired SI Rajender From Crime Team Kumar
7. PW-7 Dr. C.P. Singh Assistant Director (Physics), FSL
8. PW-8 Dr. Mukesh Kumar SR Forensic Medicine, Dr. BSA Hospital
9. PW-9 Ct. Sandeep Police witness
10. PW-10 HC Manoj Kumar Police witness
11. PW-11 W/Ct. Anupama Police witness
12. PW-12 Dr. Sandeep Dhuriya CMO, Saroj Hospital
13. PW-13 Sh. Suresh Chandra Father of deceased Aggarwal
14. PW-14 Sh. Yadram Complainant
15. PW-15 Sh. Ashhish Kumar Brother of deceased Aggarwal
16. PW-16 Dr. Akash Jain Relative of deceased
17. PW-17 SI Harish Chander Police witness Pathak
18. PW-18 Insp. Mahesh Kumar Draftsman, Crime Branch
19. PW-19 W/Ct. Kaurna CPCR
20. PW-20 Sh. Nathu Ram Chhabra Owner of premises 29A, EU Block, Pitampura SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 28 of 46 Digitally signed by VIKRAM VIKRAM Date:2024.12.04 16:39:01 +0530
21. PW-21 Sh. Pawan Singh Nodal Officer
22. PW-22 Sh. Yogesh Tripathi Alternate Nodal Officer
23. PW-23 Sh. Shishhir Malhotra Nodal Officer
24. PW-24 Sh. Israr Babu Alternate Nodal Officer
25. PW-25 SI Uday Singh Yadav 1st IO
26. PW-26 JFCE Biology FSL Rohini, Delhi
27. PW-27 HC Sri Kishan Police witness
28. PW-28 Sh. Sunny Sale executive in the office of deceased
29. PW-29 Sh. Pawan @ Parveen Sale executive in the office of deceased
30. PW-30 Sh. Sanjeev Kumar Sale executive in the office of deceased
31. PW-31 Sh. Saurabh Sale executive in the office of deceased
32. PW-32 Sh. Laxman Sale executive in the office of deceased
33. PW-33 Sh. Sandeep Kedia Sale executive in the office of deceased
34. PW-34 Sh. Rohit Sale executive in the office of deceased
35. PW-35 Sh. Rajesh Sale executive in the office of deceased
36. PW-36 Sh. Rahul Sale executive in the office of deceased
37. PW-37 Sh. Madan Sharma Photographer
38. PW-38 HC Surender Police witness
39. PW-39 Ct. Rahul Nagar Police witness
40. PW-40 Ct. Ashok Kumar Police witness
41. PW-41 Ct. Deepak Kumar Police witness
42. PW-42 Sh. Daal Chand Photographer SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 29 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:39:08 +0530
43. PW-43 ASI Ramesh Kumar Police witness
44. PW-44 ASI Ajay Pal Police witness
45. PW-45 Insp. Ajay Kumar Police witness form Special staff
46. PW-46 ASI Baljit Singh Police witness
47. PW-47 Sh. Ajay Kumar Nodal Officer
48. PW-48 Sh. Mahender Singh Labour who found the broken mobile phone of deceased
49. PW-49 HC Subhash Chand Police witness
50. PW-50 Insp. Mukesh Kumar SHO, PS Maurya Enclave
51. PW-51 Sh. V.R. Anand Witness from FSL
52. PW-52 Sh. R. Rniyavan Assistant Chemical Examiner (Ballistics), FSL, Rohini
53. PW-53 Sh. Satya Prakash LDC, Transport Department, Janakpuri, Delhi
54. PW-54 SI Amit Police witness
55. PW-55 HC Shyamvir Singh Police witness
56. PW-56 Sh. Amit Kumar Lab Assistant, FSL, Rohini Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:39:14 +0530 (Vikram) ASJ-02/Spl. Judge (NDPS), North West, Rohini Courts, Delhi/04.12.2024 SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 30 of 46 Annexure 'B' List of Exhibits S.No. Exhibit No. Details of Remarks Documents
1. Ex.Pw1/1 Affidavit of witness
2. Ex.Pw2/1 Affidavit of witness
3. Ex.Pw3/1 Affidavit of witness
4. Ex.Pw3/A to Entries no. 882, 886, Pw3/H 924, 927, 935, 942, 943 & 974 in register no. 19
5. Ex.Pw3/J to RC Nos. 2/21/15, Pw3/M 5/21/15, 12/21/15 & 29/21/15
6. Ex.Pw3/N to Receipts of FSL Pw3/Q
7. Ex.Pw4/1 Affidavit of witness
8. Ex.Pw4/A to Copy of FIR, Pw4/F endorsement on rukka, certificate u/S 65B of IEA, DD No. 35A, 36A & 40A.
9. Ex.Pw5/1 Affidavit of witness
10. Ex.Pw5/A Certificate u/S 65 of IEA
11. Ex.Pw6/A Crime Team Report
12. Ex.Pw7/A Detailed report of witness
13. Ex.Pw7/B Detailed report of witness
14. Ex.Pw7/C Detailed report of Ex.Pw7/M1 to witness Ex.Pw7/M5-
Observation sheet with respect to SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 31 of 46 Digitally signed by VIKRAM VIKRAM Date: 2024.12.04 16:39:21 +0530 accused persons
15. Ex.Pw8/A Detailed report of witness
16. Ex.Pw9/A Seizure memo of photographs
17. Ex.Pw9/B Certificate u/S 65B of IEA
18. Ex.Pw10/A Certificate u/S 65B of IEA
19. Ex.Pw11/A Form-I
20. Ex.Pw11/B Certificate u/S 65B IEA
21. Ex.Pw12/A MLC no. 2101
22. Ex.Pw13/A Seizure memo of 9 cash receipt books
23. Ex.Pw13/B Relevant pages of (Ex.Pw13/B-1 to receipts books B-9)
24. Ex.Pw13/C Seizure memo of attendance register and copy of rent agreement
25. Ex.Pw14/A Complaint
26. Ex.Pw14/B TIP proceedings of accused Amit Kumar @ Balu @ Kalu
27. Ex.Pw14/DA Statement of witness
28. Ex.Pw15/A Dead body identification statement
29. Ex.Pw16/A Dead body identification statement
30. Ex.Pw16/B Dead body handing over memo
31. Ex.Pw17/A Certificate u/S 65B SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 32 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:39:28 +0530 IEA
32. Ex.Pw18/A Scaled site plan
33. Ex.Pw19/A PCR Form
34. Ex.Pw20/A Seizure memo of rent agreement
35. Ex.Pw20/A1 Rent agreement
36. Ex.Pw21/A Customer Mobile no.
application form 9911616420
37. Ex.Pw21/B Copy of voter ID
card
38. Ex.Pw21/C CDR from Mobile no.
01.12.2014 to 9911616420
30.01.2015
39. Ex.Pw21/D Customer Mobile no.
application form 9540962813
40. Ex.Pw21/E Copy of Voter ID
card
41. Ex.Pw21/F CDR from Mobile no.
01.12.2014 to 9540962813
31.01.2015
42. Ex.Pw21/G Customer Mobile no.
application form 9568924454
43. Ex.Pw21/H Copy of voter ID
card
44. Ex.Pw21/I CDR from Mobile no.
01.12.2014 to 9568924454
31.01.2015
45. Ex.Pw21/J Certificate u/S 65B
IEA
46. Ex.Pw22/A Customer Mobile no.
application form 8882064587
47. Ex.Pw22/B Copy of Aadhar card
48. Ex.Pw22/C CDR from Mobile no.
01.12.2014 to 8882064587
31.01.2015
SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 33 of 46
Digitally signed
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VIKRAM Date:
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49. Ex.Pw22/D Certificate u/S 65B
IEA
50. Ex.Pw22/E Customer Mobile no.
application form 9310452584
51. Ex.Pw22/F Copy of voter ID
card
52. Ex.Pw22/G CDR from Mobile no.
01.12.2014 to 9310452584
31.01.2015
53. Ex.Pw22/H Certificate u/S 65B
IEA
54. Ex.Pw22/I Information Mobile no.
regarding porting of 9027391500 number to Idea
55. Ex.Pw23/A Customer Mobile no.
application form 7053253744
56. Ex.Pw23/B Copy of voter ID
card
57. Ex.Pw23/C CDR from Mobile no.
01.12.2014 to 7053253744
31.01.2015
58. Ex.Pw23/D Cell ID/location Mobile no.
chart 7053253744
59. Ex.Pw23/E Certificate u/S 65B
IEA
60. Ex.Pw23/F Forwarding letter
61. Ex.Pw24/A Customer Mobile no.
application form 9953128618
62. Ex.Pw24/B Copy of voter ID
card
63. Ex.Pw24/C CDR from Mobile no.
01.12.2014 to 9953128618
31.01.2015
64. Ex.Pw24/D Certificate u/s 65B
IEA
SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 34 of 46
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by VIKRAM
VIKRAM Date:
2024.12.04
16:39:42 +0530
65. Ex.Pw24/E Customer Mobile no.
application form 9643128242
66. Ex.Pw24/F Copy of voter ID Mobile no.
card 9643128242
67. Ex.Pw24/G CDR from Mobile no.
01.12.2014 to 9643128242
31.01.2015
68. Ex.Pw24/H Certificate u/S 65B
IEA
69. Ex.Pw24/I Cell ID chart of
Vodafone
70. Ex.Pw25/A Seizure memo of
pullanda containing
clothes of deceased
and sample seal
71. Ex.Pw25/B Seizure memo of (blood, earth control,
exhibits A1 to A-4 blood stained earth
& one piece of
bracelet)
72. Ex.Pw25/C Seizure memo of (pendrive & DVR)
exhibits A4 & A5
73. Ex.Pw26/A FSL reports
74. Ex.Pw27/A Document prepared
while lifting chance
print from the spot
75. Ex.Pw37/A Seizure memo of
two CDs
76. Ex.Pw37/B Certificate u/S 65B
IEA
77. Ex.Pw39/A Seizure memo of
pullinda containing
currency notes
recovered from the
house of accused
Shehzad @ Kuddu
78. Ex.Pw40/A Seizure memo of
SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 35 of 46
Digitally signed
by VIKRAM
VIKRAM Date: 2024.12.04
16:39:48 +0530
pullinda containing
currency notes
recovered from the
house of accused
Ashish
79. Ex.Pw40/B Seizure memo of
jacket
80. Ex.Pw42/A Photographs of the
spot
81. Ex.Pw43/A Pointing out memo
82. Ex.Pw44/A Photographs of the DL 4CU 5525,
vehicle TATA Indica
83. Ex.Pw45/A & Arrest memo of
Pw45B accused Shehzad &
Shehzad @ Kuddu
84. Ex.Pw45/C & Personal search Pw45/D memo of accused Shehzad & Shehzad @ Kuddu
85. Ex.Pw45/E Seizure memo of mobile phones i.e. Samsung and Kiran V-2
86. Ex.Pw45/F Sketch of desi katta and two cartridges
87. Ex.Pw45/G Seizure memo of desi katta and cartridges
88. Ex.Pw45/H Seizure memo of 60 currency notes in denomination of Rs.
500/- recovered from accused Shehzad S/o Nawab Ali
89. Ex.Pw45/I Seizure memo of clothes
90. Ex.Pw47/A Letter to SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 36 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:39:55 +0530 investigating agency by Nodal Officer, Bharti Airtel
91. Ex.Pw47/B CDR from Mobile no.
01.12.2014 to 9897589077 31.01.2015
92. Ex.Pw47/D Location chart
93. Ex.Pw47/E Letter through which documents of mobile number 7037507041 sent to investigating agency
94. Ex.Pw47/F CDR from 12.01.2014 to 31.01.2015
95. Ex.Pw47/G Certificate u/S 65B IEA
96. Ex.Pw47/H Photocopy of CAF (colly) and ID proof
97. Ex.Pw48/A Seizure memo of SIM and broken mobile phone
98. Ex.Pw49/A Arrest memo of accused Mohd. Adil Khan
99. Ex.Pw49/B Personal search of accused Mohd. Adil Khan
100. Ex.Pw49/C Disclosure statement of accused Mohd.
Adil Khan
101. Ex.Pw49/D Seizure memo of car bearing registration no. DL 4CU 5525
102. Ex.Pw49/E No recovery memo
103. Ex.Pw49/F Arrest memo of SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 37 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:40:02 +0530 accused Sonu @ Mausam
104. Ex.Pw49/G Personal search of accused Sonu @ Mausam
105. Ex.Pw49/H Disclosure statement of accused Sonu @ Mausam
106. Ex.Pw49/I Seizure memo of mobile phone Samsung Reliance
107. Ex.Pw49/J Arrest memo of accused Amit Kumar @ Bablu @ Kalu
108. Ex.Pw49/K Disclosure statement of accused Amit Kumar
109. Ex.Pw49/L Disclosure statement of accused Shehjad @ Kuddu
110. Ex.Pw49/M Disclosure statement of accused Shahjad
111. Ex.Pw49/N Seizure memo of currency notes recovered by accused Amit Kumar
112. Ex.Pw49/O Pointing out memo at the instance of accused Amit Kumar
113. Ex.Pw49/P, Pointing out memos Pw49/P1 & at instance of Pw49/P2 accused Amit Kumar, Shehjad @ Kuddu and Shehjad
114. Ex.Pw49/Q Arrest memo of accused Ashish
115. Ex.Pw49/Q1 Personal search of SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 38 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:40:09 +0530accused Ashish
116. Ex.Pw49Q2 Disclosure statement of accused Ashish
117. Ex.Pw49/Q3 Pointing out memo
118. Ex.Pw49/Q4 Pointing out memo
119. Ex.Pw50/A Tehrir
120. Ex.Pw50/B Site plan
121. Ex.Pw50/C Form 25.35
122. Ex.Pw50/D Request letter for postmortem
123. Ex.Pw50/E Seizure memo of pullinda containing bullet and sample seal
124. Ex.Pw50/F Seizure memo of blood gauze
125. Ex.Pw50/G Request letter to FSL for providing photographs from DVR/hard disc
126. Ex.Pw50/H 33 photographs 1. Ex.Pw50/HA (14 photographs of accused Adil)
2. Ex.Pw50/HB (3 photographs of accused Shehzad @ Kuddu)
3. Ex.Pw50/HC (one photograph of accused Amit is seen with a katta in his one hand and with other hand he is grabbing the deceased)
4. Ex.Pw50/HD (04 photographs of SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 39 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:40:16 +0530accused Shehjad is seen with desi katta in his hand)
5. Ex.Pw50/HE (04 photographs of accused Ashish)
6. Ex.Pw50/HF(06 photographs accused Amit and Ashish are seen intimidating and grabbing the deceased)
7. Ex.Pw50/HG (01 photograph accused Amit and Shahjad ar seen and accused Shahdjad is pointing katta close to deceased)
127. Ex.Pw50/I Request letter for examination of Cds/DVDs and 49 photographs
128. Ex.Pw50/J Letter through which pullindas were sent to FSL
129. Ex.Pw50/K Relevant page of newspaper
130. Ex.Pw50/L Seizure memo of mobile phone make Karbon double SIM
131. Ex.Pw50/M Pointing out memo
132. Ex.Pw50/N Application for copy of TIP of accused Md. Adil Khan
133. Ex.Pw50/O Letter sent to FSL
134. Ex.Pw50/O1 Report of FSL prepared by SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 40 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:40:22 +0530 Chemical Exminer (Ballistics)
135. Ex.Pw50/O2 Application moved before ld. MM for interrogation of accused Amit at Tihar Jail
136. Ex.Pw50/P & Pointing out memos Ex. Pw50/P1
137. Ex.Pw50/P2 Site plan of the place of recovery from accused Shahzad
138. Ex.Pw50/P3 Site plan of place of recovery from accused Amit
139. Ex.Pw50/P4 Site plan of place of recovery from accused Shahzad @ Kuddu
140. Ex.Pw50/P5 Site plan of place of recovery from accused Ashish
141. Ex.Pw51/A FSL report dated 18.11.2015
142. Ex.Pw51/B FSL report dated 28.03.2018
143. Ex.Pw52/A FSL report
144. Ex.Pw52/B FSL report dated 12.04.2019
145. Ex.Pw53/A Vehicle particulars TATA Indica car
146. Ex.Pw53/B Copies of Form 29 & Form 30
147. Ex.Pw54/A Sanction order under Section 39 Arms Act
148. Ex.Pw55/A Certified copy of FIR No. 9/14, u/S SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 41 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:40:29 +0530302/307 IPC
149. Ex.Pw55/B Certified copy of FIR No. 33/15, u/S 25/27 Arms Act
150. Ex.Pw56/A FSL report
151. Ex.Pw56/B Certificate u/S 65B IEA
152. Ex.Pw56/P1 Sterile pen drive
153. Ex.PX1 TIP proceedings of accused Shahzad @ Kuddu
154. Ex.PX2 TIP proceedings of accused Shahzad
155. Ex.PX3 TIP proceedings of accused Ashish Kumar
156. Ex.PX4 TIP proceedings of accused Mohd. Adil Khan
157. Ex.P1 One pendrive make Pw-7 Sandisk of 8 GB
158. Ex. P1 DVD make verbatim Pw-7
159. Ex.P2 DVD make Writex Pw-7
160. Ex.P3 (colly) Photographs of 1. Ex.P3A accused Md. Adil (photographs AX1 to Khan, Amit Kumar AX9 of accused Adil @ bablu, Shehzad @ Khan) Kuddi, Shehzad and 2. Ex.P3B Ashish Kumar (Photographs BX1 to BX10 of accused Shahjad @ Kuddu)
3. Ex.P3C (Photographs CX1 to CX10 of accused Amit)
4. Ex.P3D (Photographs DX1 to SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 42 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:40:36 +0530DX10 of accused Shehjad)
5. Ex.P3E (Photographs EX1 to Ex10)
161. Ex.P4 (colly) DVR, hard disk, mouse, adapter and connecting cord
162. Ex.P5 (colly) 09 cash receipts books
163. Ex.P5a Cash receipt book in Pw-28 the name of witness Sunny
164. Ex.P5b Cash receipt book in Pw-29 the name of witness Pawan @ Parveen
165. Ex.P5c Cash receipt book in the name of witness Sanjeev Kumar
166. Ex.P5d Cash receipt book in the name of witness Saurabh
167. Ex.P5e Cash receipt book in the name of witness Laxman
168. Ex.P5f Cash receipt book in the name of witness Sandeep Kedia
169. Ex.P5g Cash receipt book in the name of witness Rohit Kumar
170. Ex.P5h Cash receipt book in the name of witness Rajesh
171. Ex.P5i Cash receipt book in the name of witness Rahul SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 43 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:40:43 +0530
172. Ex.P6 Attendance register
173. Ex.P7 (colly) 10 currency notes in denomination of Rs.
1,000/-.
174. Ex.P8 (colly) 20 currency notes in denomination of Rs.
500/-.
175. Ex.P9 Jacket Also exhibited as Ex.Pw49/M7 in the testimony of Pw49
176. Ex.P10 Yellow colour broken bracelet
177. Ex.P11 Car bearing registration no. DL 4CU 5525, make TATA Indica, Silver Colour
178. Ex.P11A 60 currency notes in denomination of Rs.
500/-
179. Ex.P12 Two mobile phones Also exhibited as i.e. Samsung & Ex.Pw49/M2 & Kiran SICT Ex.Pw49/M3 in the testimony of Pw-49
180. Ex.P13 Broken phone
181. Ex.P14 SIM Airtel
182. Ex.P15 Mobile phone Samsung
183. Ex.Pw16 Bag and clothes of (colly) accused Shahzad S/o Nawab Ali
184. Ex.Pw17 80 currency notes in (colly) the denomination of Rs. 500/- recovered at the instance of accused Amit Kumar SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 44 of 46 Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:40:51 +0530
185. Ex.P18(colly) Country made pistol, Cartridges also two test fired exhibited in the cartridges, retrieved testimony of Pw-49 bullet/lead as Ex.Pw49/M-5 & Pw46/M6
186. Ex.P18A Country made pistol Exhibited in the testimony of Pw-52 & also exhibited as Ex.Pw49/M-4 in the testimony of Pw-49
187. Ex.P19 Bullet (EBI)
188. Ex.P20 Three clothes
189. Ex.P21 Gauze piece
190. Ex.P22 (colly) Articles recovered from accused Shehzad S/o Nawab Ali i.e. one wallet of black colour, Currency notes worth 3160/-, two photocopies of voter ID cards in the name of Dharamvir, two passport size photographs of Shahzad S/o Nawab Ali and few visiting cards
191. Ex.P23 (colly) Firearm and cartridge shells
192. Ex.P24 Blood stains
193. Ex.P25 Earth control (broken tiles)
194. Ex.P26 Stained tile
195. Ex.P27 Gauze piece
196. Ex.P28 One cotton wool swab SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 45 of 46 Digitally signed by VIKRAM Date: VIKRAM 2024.12.04 16:41:10 +0530
197. Ex.P29 Visiting card of Sonu Scraps Center
198. Ex.P30 Two photocopies of voter ID card
199. Ex.Pw49/M-1 Mobile phone Karbon, white & Black colour Digitally signed by VIKRAM VIKRAM Date:
2024.12.04 16:41:16 +0530 (Vikram) ASJ-02/Spl. Judge (NDPS), North West, Rohini Courts, Delhi/04.12.2024 SC No. 52599/2016 State Vs. Md. Adil Khan Page no. 46 of 46