Delhi District Court
State vs Ravinder @ Bacchi And Satbir @ Satte on 29 November, 2012
SC No.107/11
FIR No.173/11
PS: Chhawla
State Vs.Ravinder @ Bacchi and Satbir @ Satte
IN THE COURT OF SHRI VIJAY KUMAR DAHIYA
ADDL. SESSIONS JUDGE : DWARKA COURTS:
NEW DELHI
In the matter of :
SC No. : 107/11
FIR No. : 173/11
Police Station : Chhawla
Under Section : 302/34 IPC
Received on assignment : 01.12.2011
Reserved for orders on : 29.11.2012
Judgment announced on : 29.11.2012
State Vs. 1. Ravinder @ Bacchi
S/o Sh. Rajender Singh
R/o H.No.E63, Gali No.4
Roshan Vihar, Najafgarh
New Delhi.
2. Satbir @ Satte
S/o Sh. Devi Singh
R/o D33/34, Nirmal Vihar
Najafgarh, New Delhi
J U D G E M E N T
1. Accused persons are sent for trial for the offence under section 302/34 IPC.
2. Brief facts of the case are that DD No. 29B was received by the Inspector/IO wherein it has been stated that the wireless operator has got lodged a QST that a person who was missing from SC No.107/11 Page 1 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte RZ 109, New Roshanpura near Reliance Fresh, Hanuman Mandir, Najafgarh and a complaint regarding his missing was already lodged, his dead body has been found in a farm house in Deenpur and said farm house is situated near Durga Vihar, Bengali Painter wali gali. The said entry was made in Roznamcha/register and handed over to SI Hari Singh who alongwith Const. Ramesh proceeded to the place of incident and SHO was also informed who alongwith Const. Ramesh in the government vehicle proceeded to the scene of crime where the police party found a dead body which was lying in a half naked condition on the floor in a one room without any doors or windows. One more room was also constructed near the said room. There was a striped shirt of red colour on the upper portion of the dead body and lower half naked body was covered with a pink colour blanket and dead body was in decomposed condition and the person who informed the police namely, Hukam Chand and Jitender identified the dead body as that of deceased Harish Chand, S/o Hukam Chand, R/o RZS109, New Roshanpura, Najafgarh, New Delhi.
3. It is further alleged that father of the deceased namely Hukum Chand stated that on 17.08.2011 deceased Harish @ Mukhiya (hereinafter referred to 'the deceased') came to his resident at 9:00 pm and his shirt was smeared with mud and he changed his shirt and left his house stating that he will be back by one and half hours and he never returned to his house. It is further alleged that Hukum SC No.107/11 Page 2 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte Chand further stated that on 20.08.2011, he was tracing the deceased and reached at said place where one pair of slippers were found outside one room situated at the said place and he had identified those slippers as that of the deceased and he went inside the room and found the dead body of the deceased lying at the floor and he went back to his room and he told about it to his son Jitender who informed the police and thereafter Hukuam Chand returned at the scene of crime alongwith his son Jitender. Inspector summoned the crime team. Photographer took the photographs on various angle and Inspector/IO inspected the dead body and no external injury was present and dead body was sent for postmortem through Const. Ramesh and various articles including one plastic glass, slippers, pouch of bidi, matchstick, cap of Delhi Excise bottle, Sando baniyan etc were seized. Cause of death was opined as Asphyxia (Manual strangulation). FIR under section 302/34 IPC was lodged and investigation was carried out. Site plan was prepared and statement of the witnesses were recorded. Father of the deceased as well as brother of the deceased joined the investigation and the statement under section 161 Cr.PC recorded. During investigation, statement of the incharge crime team as well as ASI Khazan Singh, Const. Anil and HC Satpal recorded under section 161 Cr.PC. During investigation, it transpired that deceased was also having criminal background and was involved in various theft cases in the area and the said farm house is also used by the criminal persons to achieve their illegal criminal activities.
SC No.107/11 Page 3 of 21 SC No.107/11 FIR No.173/11PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte
4. It is further alleged that during investigation, it is further transpired that deceased had borrowed a motorcycle from one scrap dealer Aman. The said Aman was joined in the investigation who stated that on 17.08.2011, deceased had taken his motorcycle bearing No. HR 31C 4893 and had undertaken to handover the said motorcycle after one and half hours and his statement was recorded under section 161 Cr.PC. During investigation, Pawan Mann, S/o Sh. Surat Singh, R/o RZ355, New Roshan Vihar stated that on 17/08/2011, he was present near Rao Maan Singh School and at that time deceased came on motorcycle who appeared to be under influence of liquor and deceased Harish inquired from him about the accused Ravinder @ Bacchi and Satbir @ Satte and deceased went towards the house of accused Ravinder @ Bacchi and came back after 57 minutes and as soon as the deceased left the said place, accused Ravinder @ Bacchi and Satbir @ Satte also appeared and they also went towards the direction in which the deceased had gone. During investigation, statement of Pramod @ Pammi, S/o Sh. Nawal Singh, R/o RZ113, Shiv Nagar Colony near Shamshan Ghat, Najafgarh was also got recorded who stated that he new accused Ravinder @ Bacchi, Satbir @ Satte and deceased and a dispute had taken place between them in the farm house situated near the street of Bengali Painter on 15.08.2011 and deceased had made the accused Satbir @ Satte to roam in a naked condition and he was compelled to go to his house in the said naked condition and, thereafter, accused Satbir @ Satte had taken a bow to do away with the deceased; on 19.08.2011, SC No.107/11 Page 4 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte accused Ravinder @ Bacchi and Satbir @ Satte met the said witness near Rao Maan Singh School and both of them stated to the said witness that they had taken the revenge on the deceased and killed him by making him half naked in the farm house.
5. During investigation, statement of Devender @ Dev , S/o Sh. Surender was recorded under section 161 Cr.PC who stated that on 19.08.2011, he was roaming on the Paprawat Road, where accused Ravinder @ Bacchi and Satbir @ Satte met him and told that they had made the deceased naked in the said farm house and killed him and dead body had been thrown in the room of the farm house. On 20.08.2011, dead body of the deceased was found in the said farm house and the this witness realised that accused Ravinder @ Bacchi and Satbir @ Satte had murdered the deceased and after recovery of dead body, both the accused were not traceable. Thereafter accused Ravinder @ Bacchi and Satbir @ Satte were arrested. They made their disclosure statement stating therein that they were taking ganza on 15.08.2011 and deceased came to them and stated that accused Satbir @ Satte is passing on secret information regarding his criminal antecedents to the police and he started beating him and he made the accused Satbir @ Satte to roam in a naked condition in the farm house and accused Satbir @ Satte came out naked from the farm house. Thereafter both of them have decided to take revenge on the deceased that they will also kill him after making him naked. It is further stated that on 17.08.2011 at about 9:30 pm, the deceased SC No.107/11 Page 5 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte came on motorcycle in search of the accused persons and accused persons also went to the farm house near street of Bengali Painter in search of the deceased and deceased was found sitting in one room in the said farm house and accused Ravinder @ Bacchi caught the deceased from behind and the accused Satbir @ Satte put a knife on the neck of the deceased and the accused Ravinder @ Bacchi had caught hold of the accused by hand and kept on pressing his neck till he died. And thereafter they put off the pant of the deceased and fled away from the scene and accused also stated to have taken the motorcycle of the deceased standing in the farm house and went to Sai Mandir House and hide the pant of the deceased in the bushes grown up in the stadium and concealed the motorcycle in the fields situated near Aggarwal farm house. The scene of crime constructed at the instance of the accused and pant of the deceased got recovered at the instance of the accused persons and motorcycle was also got recovered. After completion of investigation, challan was filed.
6. After supplying copies to the accused as per law, case was committed to the court of sessions.
7. After due deliberation, charge under Section 302/34 IPC was framed against the accused persons to which they pleaded not guilty and claimed trial.
8. Prosecution was called upon to adduce evidence to SC No.107/11 Page 6 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte establish its case as per law. Prosecution has tendered 22 witnesses in all in support of its case namely:
PW1 Sh. Jitender Kumar
PW2 Sh. Hukam Chand
PW3 Sh. Devender
PW4 Sh. Pawan
PW5 Sh. Pramod
PW6 Const. Murari Lal
PW7 Const. Anil Kumar
PW8 SI Hari Singh
PW9 ASI Saroj Bala
PW10 ASI Khajan Singh
PW11 HC Satpal
PW12 Const. Kuldeep Singh
PW13 Const. Hardeep Singh
PW14 HC Bharat Lal
PW15 HC Bhojraj
PW16 ASI Manoj Kumar
PW17 Dr. Parvinder Singh, Junior Specialist, Department of Forensic Medicine, RTRM Hospital, Jafarpur, New Delhi PW18 Sh. Ram Narayan.
PW19 Sh. N.K.Sharma, Senior Fingerprint Expert, Fingerprint Bureau, Crime Branch, PS Kamla Market, 3rd Floor, Room No.307, Delhi.
PW20 Const. Vinod Kumar PW21 Const. Ramesh Chand SC No.107/11 Page 7 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte PW22 Inspector Sandeep Gupta
9. Examination of accused persons as envisaged under section 313 Cr.PC could not be recorded as there was no iota of incriminating evidence on record against them. Ld. Addl. PP for the State and defence counsel had been heard. Record of the case had also been gone through.
10. I have gone through the entire records and carefully considered the matter.
11. Before proceedings further, I would like to discuss the evidence led by the prosecution to prove the case.
12. PW1 is Jitender Kumar, who is brother of the deceased and he deposed that deaceased had gone to SEM Court, Dwarka on 17.08.2011 and on his return at 9:00 pm, he was wearing mud stained shirt and after changing the shirt, he again left the house by saying that he would come after one and half hours. And on 20.08.2011, his father had gone to Data Ram Park in search of the deceased and he found the dead body of the deceased lying in a room and police was called and his statement was recorded and he identified the dead body of the deceased vide identification memo Ex.PW1/A. Dead body of the deceased was handed over to this witness vide handing over memo Ex. PW1/B. SC No.107/11 Page 8 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte
13. PW2 is Hukam Chand, father of the deceased who has deposed on the line of PW1 regarding the fact that deceased has left the house on 17.08.2011 at 9:00 pm after changing his clothes and at that time, accused persons were waiting on motorcycle for the deceased. And thereafter his son did not return till 20.08.2011 and he went in search of his son in Data Ram Park and he found the dead body lying in a room and IO recorded the statement of this witness regarding identification of body vide Ex. PW 2/A and after postmortem, dead body was handed over to him vide handing over memo already Ex. PW1/B.
14. PW3 is Devender who happened to be a coaccused of the deceased in a criminal case, and he also knew the accused persons Ravinder @ Bacchi and Satbir @ Satte and PW3 further deposed that on 19.08.2011, accused persons met him but this witness was not coming to the lines of the prosecution. Thereafter, he was declared hostile and during cross examination, he could not come in the line of prosecution case and he denied that he had made any statement to the police. He further denied that accused Ravinder @ Bacchi and Satbir @ Satte met him and they disclosed to him that they have murdered the deceased on 17.08.2011 as the deceased has made the accused Satbir @ Satte naked and the deceased further compelled Satbir to roam in the farm house and in order to take revenge of the said incident, they had murdered the deceased. He further denied that accused persons had made any extra judicial SC No.107/11 Page 9 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte confession regarding murder of the deceased as a quid pro quo to the incident which took place on 15.08.2011 whereby accused Satbir @ Satte was made naked by the deceased.
15. PW4 is Pawan who deposed that on 17.08.2011, he was playing cricket behind his house at play ground and on that day, deceased came there in the play ground and he was calling 'Bacchi Bacchi' and thereafter deceased left towards the road and PW4 went to his house and this witness has also not fallen on the line of the prosecution story. During cross examination by Ld. Addl. PP, he had denied that on 17.08.2011 at 8:30 9:00 pm, deceased enquired from him about Ravinder @ Bacchi and Satbir @ Satte and, thereafter, deceased went towards the house of accused Ravinder @ Bacchi. He had further denied that he stated to the police that after 57 minutes, deceased again came there and went towards Paprawat and after his departure, accused Ravinder @ Bacchi and Satbir @ Satte came there and they also went in the same direction in which deceased had gone.
16. PW5 is Pramod who had deposed that he knew both the accused persons as he used to play cricket with them and he also knew the deceased. He also could not fall on the line of the prosecution story and declared hostile. During cross examination, he had denied the suggestion that on 15.08.2011, a quarrel had taken place between both the accused persons and deceased on the point SC No.107/11 Page 10 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte of distribution of stolen money in the street of Bengali Painter and deceased made accused Satbir @ Satte naked and compelled him to go to his house in nude condition. He has further denied that he stated to the police that thereafter accused Satbir @ Satte had taken an oath to take revenge of the said incident and on 19.08.2011, both the accused persons had made extra judicious confession regarding murder of the deceased in order to take revenge from the deceased.
17. PW6 is Const. Murari Lal who had collected the closed envelope from PS Chawla and delivered in the office of DCP, Joint CP and Area Magistrate.
18. PW7 is Constable Anil Kumar Singh who is incharge of mobile crime team and on the direction of the IO, he had inspected the spot where one empty quarter bottle of White Hall whiskey was lying near the head of dead body. Chance prints were developed from the bottle and he deposited the same with finger print bureau, Kamla Market for comparison and thereafter IO had recorded his statement.
19. PW8 is SI Hari Singh who on receipt of DD No. 29B at about 10:00 am on 20/08/2011, he alongwith Const. Ramesh went to the scene of occurrence and found a dead body in decomposed condition lying in a one room and said room was without doors and dead body was found in a half nude condition and dead body was SC No.107/11 Page 11 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte identified by PW2 Hukam Chand. He collected the articles lying near the scene of crime which was seized by IO vide seizure memo Ex. PW8/A, PW8/B and PW8/C. He had further deposed that the said case property was deposited by the IO with the MHC(M) and on the next day, he alongwith Inspector Sandeep Gupta went to RTRM Mortuary where the postmortem of deceased was got conducted and after postmortem, doctor handed over eight sealed parcels with sample seal to the IO which is seized vide seizure memo Ex.PW8/D. Thereafter Inspector Sandeep Gupta prepared rukka and sent this witness to the police station for registration of FIR. After registration of FIR, this witness reached to the spot where he handed over the original rukka and copy of FIR to Inspector Sandeep Gupta who preprepared the site plan.
20. PW9 is ASI Saroj who was posted as Duty Officer on 21.08.2011 from 8:00 am to 4:00 pm and at about 2:45 pm, on receipt of rukka through SI Hari Singh sent by Inspector Sandeep Gupta, he recorded FIR No. 173/11 which is Ex. PW9/A and endorsement on the rukka is Ex. PW9/B.
21. PW10 is ASI Khajan Singh who is Incharge of Mobile Crime Team. On 20.08.2011, on receipt of information at about 10:45 am, he alongwith other members of crime team went to the spot i.e Bengali Painter Wali Gali, Durga Park PhaseI, Chhawla where a dead body was lying in a open room near a temple. He inspected the site SC No.107/11 Page 12 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte and prepared his room Ex. PW10/A and HC Satpal took the photographs of the spot and Const. Anil Kumar lifted the chance print from a quarter bottle of White Hall and he submitted his report to the IO.
22. PW11 is HC Satpal who was working as photographer. On 20.08.2011, he alongwith ASI Khajan Singh went to the spot and he had clicked 14 photographs of the dead body and scene of crime which are Ex. PW11/A1 to PW11/A14 and the negatives are Ex.PW11/B1 to PW11/B14.
23. PW12 is Const. Kuldeep Singh who joined the investigation of this case with IO on 28.08.2011. IO had apprehended both the accused persons namely Ravinder @ Bacchi and Satbir @ Satte. Both the accused persons were interrogated and arrested. IO had prepared arrest memo and personal search memo of both the accused persons and accused persons had made their disclosure statement about their involvement.
24. PW13 is const. Hardeep Singh who has deposed that on 03.09.2011, he was posted as Assistant Drafts Man, Maping Section, PS Dwarka South, Sector9, New Delhi and he on the direction of IO alongwith IO went to the vacant land, Durga Vihar, Phase1, Chhawla where at the instance of the IO, he had taken the rough notes and measurements of the spot and prepared the scaled site plan Ex.
SC No.107/11 Page 13 of 21 SC No.107/11 FIR No.173/11PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte PW13/A and handed over the same to the IO.
25. PW14 is HC Bharat Lal had deposed that he was posted in PS Chawla on 29.08.2011 and he on the direction of IO had collected six sealed parcels and one viscera box alongwith respective sample seals from MHC(M) and taken the same to FSL Rohini vide RC No. 93/21 and 94/21 for depositing the same and after depositing the same, he received the acknowledgment regarding depositing of exhibits and handed over to the same to MHC(M).
26. PW15 is HC Bhojraj who is posted as MHC(M) at PS Chhawla and on 20.08.2011, IO/Inspector Sandeep Gupta deposited with him six sealed parcels which he deposited in the malkhana and made entry at serial No.786 and the copy of the relevant entry is Ex. PW15/A.
27. On 21.08.2011, IO/Inspector Sandeep Gupta again deposited with him nine sealed parcels alongwith sample seals which he deposited in the malkhana and made entry in this regard at serial No. 788 and copy of the relevant entry is Ex.PW15/B.
28. On 29.08.2011, IO/Inspector Sandeep Gupta again deposited with him one motorcycle bearing registration No. HR 31C 4893 and one sealed parcel containing pant duly sealed got deposited in the malkhana and made entry at serial No. 799 which is SC No.107/11 Page 14 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte Ex.PW15/C.
29. On 29.09.2011, on the direction of IO, this witness has sent abovesaid six sealed parcels and one viscera box with their respective seals to FSL Rohini through HC Bharat Lal vide RC No. 93/21 and 94/21 which is Ex. PW15/D and after depositing the exhibits, constable handed over this witness acknowledgment regarding the same which is Ex. PW15/E.
30. PW16 is ASI Manoj Kumar who was working in Finger Print Bureau and on receipt of finger print search slip in respect of case FIR No. 173/11 PS Chawla and he found that accused Ravinder is not involved in previous case and accused Satbir @ Satte was found involved in FIR No. 185/09 PS Sector29, Gurgaon and his report in respect of accused Ravinder @ Bacchi is Ex. PW16/A and his report in respect of accused Satbir @ Satte is Ex. PW16/B.
31. PW17 is Dr. Parvinder Singh, Junior Specialist, Department of Forensic Medicine, RTRM hospital who conducted the postmortem of the deceased on 21.08.2011 and found the following external injuries on the body of the deceased :
Contusion measuring 5x1.5 cm situated on front and left side of neck at the junction of upper one third and lower two third of neck (at the level of thyroid cartilage) 6.5 cm from left ear lobule. Colour SC No.107/11 Page 15 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte redish blue.
On internal examination, following injuries were found neck on dissection layer by layer subcutaneous tissue and neck muscle shows effusion of blood under the external injury no.1. Fracture of superior cornu and body of thyroid cartilage present. And the cause of death was due to as asphyxia following antemortem throattling (manual strangulation). Time since death was approximately 23 days at the time of preservation in the mortuary.
Visra was preserved in saturated common salt solution sealed with seals of RTRM hospital and handed over to IO for analysis. Blood sample (dried gauze piece) clothings, nail clippings, annal fabs, teeth (molar) and hair for DNA test preserved sealed with seals of RTRM hospital and handed over to IO. His detailed postmortem report is Ex. PW17/A bearing his signature at point 'A'. He returned the inquest papers to the investigation officer which are Ex. PW17/B1 to PW17/B7, Ex. PW8/A, PW8/B, PW8/C and Ex.PW1/A and PW2/A.
32. PW18 is Sh. Ram Narayan who is residing at R/O B1/68, New Roshanpura, Najafgarh and working as a scrapper. He is the registered owner of motorcycle bearing No. HR 31C 4893 and on 17.08.2011, deceased had taken his motorcycle from him at about 8:00 pm for 1 ½ hours. He had also brought the petrol in a bottle ad after putting the same in the motorcycle, he took his motorcycle.
SC No.107/11 Page 16 of 21 SC No.107/11 FIR No.173/11PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte
33. PW19 is N.K.Sharma, Senior Finger Print Expert who has submitted that on 11.11.2011, he had examined the chance print developed at the scene of crime is partial and smudged and do not disclosed sufficient number of the details required for the comparison so it was unfit so no opinion could be given. His report is Ex. PW19/A.
34. PW20 is Const. Vinod Kumar who joined the investigation alongwith IO on 29.08.2011 and accused persons were arrested vide arrest memo is Ex. PW20/A and PW20/B and personal search memo of the accused are Ex. PW20/C and PW20/D. The disclosure statement of accused Satbir @ Satte is Ex. PW20/E and the pointing out memo of accused is Ex. PW20/F and PW20/G. Accused Ravinder @ Bacchi got recovered one motorcycle bearing No. HR 31C 4893 vide seizure memo Ex. PW20/H and accused Satbir @ Satte got recovered the pant of the deceased vide seizure memo Ex. PW20/I. Thereafter police party returned to the police station and the medical examination of both the accused persons were got conducted.
35. PW21 is Const.Ramesh Chand who had joined the investigation alongwith IO on 29.08.2012 and deposed on the line of PW20.
36. PW22 is Inspector Sandeep Gupta who has deposed that SC No.107/11 Page 17 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte he was SHO on 20.08.2011 and on receipt of DD No.29B, he went to the spot and conducted inquest proceedings in respect of the dead body vide documents Ex. PW17/A1 to PW17/A7 and dead body was identified by Jitender and Hukum Chand vide their statements Ex. PW1/A and PW2/A. After postmortem, the dead body was handed over to the relatives of the deceased vide handing over memo Ex. PW1/B. He had seized the exhibits from the spot vide seizure memo already Ex. PW8/A and converting the same into different sealed parcels. He had seized one quarter empty bottle and one disposable glass from the spot in the same manner vide seizure memo Ex.PW8/B. He had also seized one pair of chappal vide seizure memo Ex. PW8/C. On 21.08.2011, he collected post mortem report Ex. PW17/A in which cause of death was opined due to asphyxia following ante mortem throatening (mannual strangulation). He also received some sealed parcels from autopsy surgeon and sealed the same vide seizure memo Ex. PW8/D alongwith sample seals. Thereafter he prepared rukka Ex. PW22/A bearing my signatures at point 'A' and he got the case registered through SI Hari Singh. Thereafter, he went to the spot and he prepared site plan Ex. PW22/B. On 29.08.2011, he arrested both the accused Satbir and Ravinder, vide arrest memo Ex. PW20/A and PW20/B. He took their personal search vide memo Ex. PW20/C and PW20/D. The disclosure statement of accused Satbir @ Satte is Ex. PW20/E. Both the accused persons pointed out the place of occurrence vide memo Ex. PW20/F SC No.107/11 Page 18 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte and PW20/G. In pursuant to disclosure statement, accused Ravinder @ Bachhi got recovered one motorcycle from Paprawat Road behind Aggarwal Farm House which was seized. Accused Satbir @ Satte got recovered one jeans pant belonging to deceased and same was taken into possession. Thereafter, accused were produced in court and were remanded to JC. He deposited the case property with MHCM and he recorded the statements of witnesses. On 03.09.2011, he got the scaled site plan Ex. PW13/A prepared. On 29.09.2011, he sent the exhibits to FSL Rohini through HC Bharat Lal.
During the course of investigation, he collected crime team report Ex. PW10/A and collected photographs Ex. PW11/A1 to PW11/A14. He also collected finger print report Ex. PW19/A. He recorded the statements of witnesses and after completing the investigation, he prepared the chargesheet and filed the same in the court. The DD entries concerned with this case are Ex. PW22/C1 to PW22/C7. During trial, he collected FSL report Ex. PW22/D and PW22/E and filed the same in the court.
37. it is not in dispute that the deceased died of homicidal death as deposed by PW17 Dr. Parvinder Singh. The prosecution case is based on circumstantial evidence and the first link in the chain of circumstantial evidence is the evidence of last seen together of the accused persons in the company of the deceased. To support this last seen together theory, the prosecution has tried to prove the same by way of testimonies of PW3, PW4 and PW5 but it may be SC No.107/11 Page 19 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte noted that all the said witnesses have turned hostile. They have not supported the case. So prosecution has failed to prove that accused were seen last in the company of the deceased. So the last seen together theory that the accused persons were seen in the company of deceased stands dissipated. Another link in the chain of circumstantial evidence is extra judicial confession made by the accused persons to the independent witnesses but so far as the said link is concerned, the prosecution has relied upon evidence of PW2 who is alleged to have made statement to the police that the accused persons had made extra judicious confession before him but this witness has turned hostile and said that accused persons had not made any extra judicial confession before them. PW5 has also turned hostile. He had denied the suggestion that he made any statement to the police that accused persons had made extra judicial confession before him regarding committing the murder of the deceased.
However, next link in the chain of circumstantial evidence is the alleged recovery of the articles made at the instance of the accused persons. So far as the recovery of motorcycle, which is allegedly to have been borrowed by the deceased from PW18 which is found parked in an open place which, by any stretch of any imagination, cannot be said to be in the exclusive knowledge of the accused, so the said recovery cannot be stated any vital link to connect the accused with the alleged offence. So far as the pant of the deceased got recovered by accused Satbir @ Satte is concerned SC No.107/11 Page 20 of 21 SC No.107/11 FIR No.173/11 PS: Chhawla State Vs.Ravinder @ Bacchi and Satbir @ Satte that also not such a piece of evidence which may connect the accused with the alleged offence as the said pant was not sent for clinical examination as detailed in the exhibit PW22/E.
38. Keeping in view the above said evidence of the prosecution, it is clearly revealed that witnesses had not uttered even a single incriminating evidence against the accused. Since there is no iota of incriminating evidence against the accused, therefore, in this view of the matter, prosecution is held to have absolutely failed to prove its case against the accused persons. Needless to say that in the present facts and circumstances of the case, examination of the accused under section 313 Cr.PC have also been dispensed with, consequently, accused persons are acquitted of the charges for which they had been facing trial before this court.
39. Accused persons are directed to furnish fresh bail bond in sum of Rs. 20,000/ with one surety of the like amount in terms of Section 437 Cr.PC undertaking to appear before Appellate Court as mandated therein.
40. File be consigned to record room.
Announced in the open court (Vijay Kumar Dahiya) on the 29th Day of November 2012 ASJ/ Dwarka Courts New Delhi SC No.107/11 Page 21 of 21