Delhi District Court
Reported As State Of Himachal Prasad vs . Thakur Dass, 1983, on 20 December, 2018
IN THE COURT OF SURINDER KUMAR SHARMA
ADDITIONAL SESSIONS JUDGE - 05
EAST DISTRICT, KARKARDOOMA COURTS:DELHI
FIR No.: 277/09
PS : Anand Vihar
U/s: 302/394/307/411/120B/34 IPC
S.C. No. :1465/16
State
Versus
1. Surjeet Munda
S/o Sh. Sukhram Munda
R/o Village Naugoi, Post Pudrangi,
P.S. Dumri, District Gumla,
Jharkhand.
2. Puran Sharma (Pleaded guilty on 21.05.2010 and Convicted
for the offence punishable under Section 411 IPC)
S/o Sh. Shanti Swaroop Sharma
R/o Village Neemsani,
P.S. Khair, District Aligarh, U.P.
Date of Assignment : 18.11.2009
Date of Arguments : 04.12.2018
Date of Judgment : 20.12.2018
JUDGMENT
1. The present case was registered on the complaint of Ms. Swati, daughter of deceased Yash Pal Soli.
SC No. 1465/16 Page 1 / 66 CASE OF THE PROSECUTION
2. As per the case of the prosecution, the complainant Ms. Swati stated in her statement that she works in Gurgaon. Her parental house is situated at 14, Shrestha Vihar, Delhi. Her parents used to reside at the said address. She often used to visit her parents at the said house in Delhi. One maid namely Purnima used to work at her parental house. She (Purnima) proceeded on leave one week prior to the incident. During this period their old servant namely Surjeet Munda, who had worked with her parents from the year 2001 to 2003, came to her parents. Her father kept him for work. On 04.07.2009, she went to meet her parents at their house. She asked her father to get his (Surjeet Munda) police verification done and her father kept the driving license of the accused as I.D. proof. At about 9.00p.m, on 04.07.2009 she left for Gurgaon. At around 11.00p.m, she came to know that some incident had happened with her parents. She came to know that her parents had been taken to the hospital. In the hospital, she came to know that her father was declared "brought dead" and her mother was under SC No. 1465/16 Page 2 / 66
treatment. She stated that all the household articles at ground, first and second floor of house were found ransacked. The domestic servant Surjeet Munda was missing from the house. She stated in her complaint that accused Surjeet Munda had killed her father and caused injuries to her mother with an intention to commit robbery. She stated that the Fiat Palio car bearing No. DL7CC 3958 and other articles belonging to her parents were also missing which were stolen by the accused Surjeet Munda. On this complaint, FIR was registered under Sections 302/307/394 IPC.
3. After registration of the FIR, investigation was carried out by the police.
4. After completion of the investigation, ChargeSheet was filed against accused persons namely Surjeet Munda and Puran Sharma for the offences punishable under Sections 302/394/307/120 B/394/411/34 IPC.
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5. During the course of investigation efforts were made to trace accused Shyam Kumar and Kumar Thapa, but no clue was found in this regard. It was found that Surjeet Munda and Puran Chand along with their two associates namely Shyam Kumar and Kumar Thapa committed murder of Yash Pal Soli. Accused Shyam Kumar and Sujeet Munda remained in Jail in the same ward where they committed conspiracy to commit the offence.
6. After supply of copies in compliance of Section 207 Cr.PC, Ld. M.M committed the case to the court of Sessions. CHARGE
7. On 16.03.2010 charge for the offences punishable under sections 392 IPC r/w Section 120B IPC, Sec. 397 IPC r/w Section 34 IPC, 302 IPC r/w Section 34 IPC and 307 IPC r/w Section 34 IPC was framed against the accused Surjeet Munda. A separate charge for the offence punishable under Section 411 IPC was also framed against accused Puran Sharma.
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8. The accused persons pleaded not guilty to the charges framed against them and claimed trial.
9. The accused Puran Sharma pleaded guilty on 21.05.2010 and was convicted for the offence punishable under Section 411 IPC. PROSECUTION EVIDENCE
10.In support of its case, the prosecution has examined forty two witnesses.
11. PW1 is Dr. Ritesh Ranjan. He was working in Dr. Hedgewar Hospital at the relevant time. On 05.07.2009, he examined Sh. Yash Soli who was brought in Casualty in a state of unconsciousness by HC Devender. On examination, his BP and pulse rate were not recordable. His pupil was fixed and dilated bilaterally. ECG tracing was flat and no respiratory effort was noted. The patient was declared as 'brought dead'. SC No. 1465/16 Page 5 / 66
12. PW2 is Dr. Jatinder Kumar. He stated that on 05.07.2009 at about 12.45 p.m, patient Sudha Soli was examined by Dr. Basharat in the Emergency Department of Shanti Mukund Hospital. He identified the signatures of Dr. Basharat on the MLC prepared by Dr. Basharat which is Ex.PW2/A. The opinion given by Dr. Basharat is at point A on MLC Ex.PW2/A. The nature of injuries were 'grievous'.
13. PW3 is Dr. S. Lal. He is Specialist Forensic Medicine, Subzi Mandi Mortuary, Delhi. On 06.07.2009, he conducted postmortem on the dead body of Yash Pal Soli. He gave the Postmortem Report which is Ex.PW3/A. On examination, he found five external injures on the body of deceased. He opined the cause of death as craniocerebral damage consequent upon blunt force impact on head and it was sufficient to cause death in the ordinary course of nature. All the injuries were ante mortem in nature, fresh in duration and could be possible by blunt force impact. The time since death was about 24 to 36 hours. SC No. 1465/16 Page 6 / 66
14. PW4 is Sh. S.K.Bhalla. He was working as Senior Manger, PNB Branch office, Sector 7 Rohini, Delhi at the relevant time. He provided the attested copies of Account Opening Form and bank Statement of Account of accused Surjeet Sharma to the police officials. The attested copies of Account Opening Form is Ex.PW4/A, Form No. 60 is Ex.PW4/B, Rent Agreement is Ex.PW4/C, Driving Licence is Ex.PW4/D and Statement of Account is Ex.PW4/E. The accused was identified by him on the basis of the photograph affixed on the Account Opening Form.
15. PW5 is Ms. Swati Soli. She is the complainant of the case. She stated that she along with her husband shifted to Gurgaon in the year 2005. Her parents were living alone at Shreshtha Vihar, Delhi. She used to visit them often. Accused Surjeet Munda worked as a domestic servant with her parents from the year 20012003. Accused left the job in the year 2003 of his own will and he remained in touch with her parents. Her father i.e. SC No. 1465/16 Page 7 / 66 deceased Yash Pal contacted the accused Surjeet Munda again for work when their domestic servant Purnima proceeded on leave. On 30.06.2009 accused Surjeet joined work. On 04.07.2009, she came to visit her parents in the evening. Accused Surjeet was also there. They had dinner together and she left at 9.00p.m. On 05.07.2009, in the morning she tried to contact her parents but none responded. Then, she asked her friend Sumit Sharma, who was living in Noida, to go and see her parents. Sumit informed her that her mother was badly injured and was taken to Shanti Mukund Hospital. He also told her that her father was lying in his office on the mezzanine floor of the house in an unconscious state. He informed her that police had reached the spot. He along with police took her father to Dr. Hedgewar Hospital. She along with her husband, reached at the house of her parents. She went to Shanti Mukund Hospital to see her mother. She (PW5) was informed by her husband on phone that her father had been declared dead. Accused Surjeet was missing from the house since after the incident. Police recorded her statement which is SC No. 1465/16 Page 8 / 66 Ex.PW5/A. She showed the spot to the IO. Police seized one iron tawa and hammer. Seizure memo of iron tawa and one hammer is Ex.PW5/B, Seizure memo of blood stained clothes including bed sheet, quilt etc. is Ex.PW5/C. Seizure memo of small Heinz tomato bottle in which some unknown liquid was found is Ex.PW5/D, Seizure memo of wine/whisky bottle and glass mug is Ex.PW5/E. Seizure memo of blood which was lifted from near the bathroom and bed is Ex.PW5/F, Seizure memo of blood lifted from the store room floor is Ex.PW5/G were prepared in her presence. At the mortuary Subzi Mandi, she along with her sister Ms. Nishtha Soli were called by the police to identify the dead body of their father. Her statement to this effect was recorded which is Ex.PW5/H. She identified the two steel rods which are Ex.P1 and Ex.P2 which were seized by the police in her presence from her parental house. She also identified the case property of this case i.e. Shirt and bag of her father. Shirt is Ex.P 3, Bag is Ex.P4. She also identified one black coloured leather bag containing three silver bowls, one wrist watch(lady), one SC No. 1465/16 Page 9 / 66 silver bowl with spoon and one silver plate as Ex.P5/17. She also identified the gold chain which is Ex.P6 and Diamond ring which is Ex.P7. She identified Pendent as Ex.P8, one iron tawa with handle and one hammer which are Ex.P9 and Ex.P10. She identified the articles mentioned in Ex.PW5/C from serial number 1 to 10 which are Ex.P11. She identified dupatta, one ladies shirt, one salwar which are Ex.P12. She identified the clothes of her father Yash Pal Soli as Ex.P13. She also identified the photographs Ex.PW16/B1 to B34 as of her parents house. She identified car bearing number DL 7CC 3958 belonging to her father. She could not identify the cash amount of Rs. 25,000/. She identified the accused Surjeet Munda during her deposition before the Court.
16. PW6 is Ms. Nishtha Soli. She is the daughter of deceased Yash Pal Soli. She stated that on 05.07.2009 at about 7.30a.m, she made several calls to her parents but did not get any response. She called her relatives and neighbours who used to live near her SC No. 1465/16 Page 10 / 66 parents house i.e. 14, Shrestha Vihar Delhi. Later on, she came to know from her sister that her father had been murdered by accused Surjeet Munda. She was also informed that her mother was admitted in the hospital due to serious injuries. On the same day, at about 2.30p.m she reached Delhi. She was called at Mortuary Subzi Mandi by the police to identify the dead body of her father Yash Pal Soli. In this regard her statement was recorded by the police which is Ex.PW6/A. She stated that when she met her mother in ICU of Max Hospital, her mother told her that her father had been killed by accused Surjeet Munda and he also tried to kill her. On 08.07.2009, she gave list of missing articles which were missing from the house which is Ex.PW6/B. She identified the accused Surjeet Munda in the Court during her deposition.
17. PW7 is Ms. Madhu Nayal. She is Assistant Amublance Officer, CAT Services, Delhi Government. On 05.07.2009 she was on duty from 8.00 a.m. to 8.00 p.m in CATS Van No. A22 along with Sh. Mahipal Singh. On receiving information from Control SC No. 1465/16 Page 11 / 66 Room about the murder at Kothi No. 14, Shrestha Vihar, she along with Sh. Mahipal Singh reached at the spot. They found Smt. Sudha Soli in injured condition. They made her sit in the van and shifted her to Shanti Mukund Hospital. She brought the photostat copy of Patient Assessment Proforma. The true copy of the same is Ex.PW7/A. Her statement was recorded by the IO.
18. PW8 is Sh. Anil Gupta. He is the neighbour of the deceased Yash Pal Soli. He stated that on 05.07.2009 at about 11.45a.m, he heard the noise of public persons who were standing in front of House Number 14, Shrestha Vihar, Delhi. He went there. Sh. Amar Nath (Chacha) of Sh. Yash Pal Soli told him that they heard the voice of crying of Smt. Soli. He made a call at 100 number from his mobile phone. He came to know that Sh. Yash Pal was dead. PCR police came at the spot and removed the dead body. He stated that he did not meet police of PS Anand Vihar and his statement was not recorded by the police.
SC No. 1465/16 Page 12 / 66
19.PW8 has been cross examined by the Ld. Addl. PP for the State.
He denied that his statement was recorded on 05.07.2009 by the IO. He admitted that CATS Ambulance took Smt. Sudha Soli and Yash Pal Soli to the hospital.
20. PW9 is Sh. Sumit Sharma. He is the friend of the complainant Ms. Swati. On 05.07.2009, he was present at his house. At about 11.00a.m., he received a phone call from the complainant Ms. Swati. She asked him to see her parents as despite making calls nobody was picking up the phone. He (PW9) immediately went to the house of the parents of the complainant. When he reached there, he found many public persons standing outside the house. He went inside and found the mother of the complainant in badly injured condition. He came out and asked the public persons to call the police immediately. PCR van came. On checking the house by the police, articles were found scattered in the house. He stated that the dead body of Sh. Yash Pal Soli was found in the study room of the house. There were blood stains at the floor. The SC No. 1465/16 Page 13 / 66 dead body of Yash Pal Soli was taken to hospital by PCR officials. Smt. Sudha Soli was taken by CATS to hospital.
21. PW10 is Dr. Basharat Mujtaba. He was posted in the Casualty Department of Shanti Mukund Hospital at the relevant time. On 05.07.2009 at about 12.45p.m. one female Smt. Sudha Soli was brought with alleged history of assault during the night, at her house. On examination, he found the patient conscious, oriented and her vitals were normal. There were blood stains on her nostrils. On local examination, he found swelling on right temporal parietal area. He stated that the kind of weapon used was blunt in nature. He prepared her MLC which is Ex.PW2/A. The photostat copy of OPD ticket of Mrs. Sudha Soli is Mark X.
22. PW11 is M.N.Vijayan. He is the Nodal Officer, TATA Teleservice Ltd. He had produced the original Call Details of mobile number 9210323683 pertaining to period from 01.05.2009 to 23.07.2009 which was subscribed to one Nitin Sharma. The SC No. 1465/16 Page 14 / 66 Call Details are Ex.PW11/A. Photocopy of Customer Application Form is Ex.PW11/B. He also gave Certificate of Correctness of the Computer Copy of call details which is Ex.PW11/C.
23. PW12 is Sh. Issrar Babu. He is the Nodal Officer Vodafone ESSAR Mobile Service Ltd. He had produced the computer generated Call Details of mobile number 9873987629 pertaining to the period from 10.06.2009 to 14.07.2009 which is Ex.PW12/A. He had also brought the Customer Application Form of the above said mobile phone, issued in the name of Puran Chand Sharma, which is Mark PW12/B. He issued Certificate regarding the correctness of the computerized copy of Call Details which is Ex.PW12/C.
24. PW13 is the injured Smt. Sudha Soli. She stated that accused Surjeet Munda was working with her as domestic servant between 2001 to 2003. On 29.06.2009, accused Surjeet Munda came to her after contacting her husband on telephone. On his request, he was SC No. 1465/16 Page 15 / 66 employed as domestic servant. He was provided a room at the top floor of her house in the servant room. On 04.07.2009 her daughter Swati had come to meet them. She stated that they took dinner together and thereafter, at about 9.00p.m. her daughter Swati left the house for Gurgaon. The accused Surjeet was present at the house. Accused also took dinner and washing utensils and cleaning the kitchen. Thereafter, she went to her bedroom at first floor and her husband went to his office situated in the premises itself. At around 10.30p.m she called her husband to come and sleep but he told that he would come after sometime. Thereafter, she went to sleep. At about 11.30/11.45p.m. she heard noise from the office of her husband. She went to the office of her husband. There she saw accused Surjeet Munda along with two associates. Accused Surjeet was holding her husband and had gagged his mouth with his hand. The other two persons were having iron rods in their hands. She shouted for help. Accused Surjeet threatened her if she raised alarm she would be killed. Accused Surjeet took rod from one of his associate and hit it on the head of her husband SC No. 1465/16 Page 16 / 66 and thrashed his head against the wall. Her husband became unconscious. She was taken to the first floor by the assailants who asked her to hand over the keys of the almirah. When she refused, she was hit by the accused Surjeet with an iron rod on her head. She became unconscious, but she was in senses to some extent. She was taken to her bedroom by the assailants and accused Surjeet gave her beatings. She was tied with chunnies and was blind folded. She regained consciousness at about 10.30/11.00 a.m. She managed to untie herself and then opened the door. She could not see the persons who were there at the door but she came to know that Sumit and some neighbours were there. She was taken to hospital by the police. Next day she came to know that her husband had died. Next day, she along with her daughters Swati and Nishtha checked the almirahs and found that cash of Rs. 22.5 Lakhs and jewellery were missing. She found that wrist watches were also missing. She gave list of jewellery articles of silver, gold and diamond. Her bangles were also removed by the accused persons during the incident. Her car was also missing. SC No. 1465/16 Page 17 / 66 She identified the case property i.e. two iron rods (Ex.P1) and (Ex.P2), Shirt (Ex.P3), Bag (Ex.P4) and other items (Ex.P5/1
7), Gold Chain (Ex.P6), Ring (Ex.P7), Pendent (Ex.P8). She could not identify the cash amount of Rs. 25,000/. She identified the iron tawa with handle and one hammer which are Ex.P9 and Ex.P10. She identified the accused Surjeet Munda during her deposition before the Court.
25. PW14 is Arvind Kumar Singh. He is the Assistant Regional Inspector Technical, Licensing Authority, Ghaziabad, U.P. He verified the Driving Licence bearing number S26796 issued on 09.05.2003 in the name of Surjeet Sharma son of Sukhram. He stated that the licence was issued by Ghaziabad Transport Authority on 09.05.2003 and was valid upto 08.05.2023. He had brought the original register. Photocopy of the same is Ex.PW14/A. Photocopy of Driving License is Ex.PW4/D.
26. PW15 is ASI Veena. On 05.07.2009 she was posted at Police SC No. 1465/16 Page 18 / 66 Station Anand Vihar. She was working as Duty Officer from 8.00 a.m. to 6.20p.m. at the relevant date. At about 5.20p.m. she received ruqqa sent by SI K.K.Tiwari. On the basis of the ruqqa, she registered the FIR and made entry in the DD Register at Serial No. 13A. The computerized copy of FIR is Ex.PW15/A.
27. PW16 is Ct. Satish Kumar. On 05.07.2009, he along with members of Crime Team went to the place of incident. On the directions of IO he had taken 34 photographs of the scene of crime. The negatives of the same are Ex.PW16/A1 to Ex.PW16/A34 and the photographs are Ex.PW16/B1 to Ex.PW16/B33. On the same day, he along with members of Crime Team went to Azad Pur, Metro Pillar No. 64 and took six photographs of the car bearing number DL 7CC 3958 Make Fiat PALIO. The negatives of the same are Ex.PW16/C1 to Ex.PW16/C6 and the photographs are Ex.PW16/D1 to Ex.PW16/D6.
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28. PW17 is Ct. Ashok Kumar. On 07.05.2009, he joined the investigation along with IO/SI K.K.Tiwari. He lifted 33 chance prints of different articles from ground and first floor of the spot. He also lifted chance prints from vehicle number DL 7CC 3958 which was parked near Metro Pillar No. 64, Azad Pur, Delhi. He sent all the chance prints to Finger Prints Bureau.
29. PW18 is Sh. R.L.Meena. At the relevant time, he was working as Metropolitan Magistrate. On 18.09.2009, an application was moved by Inspector Ghanshyam, Police Station Anand Vihar for conducting TIP of recovered articles. He stated that the witness had correctly identified the case property i.e. steel plate, small bowl with spoon, wrist watch, Pendent not connected with chain, rexin bag and white striped shirt except three bowls sets. TIP proceedings of the case property are Ex.PW13/A.
30. PW19 is Sh. Sanjay Shukhija. He was having a shop in the name of Prachi Telecome at Village Badli. In the year 2009, he SC No. 1465/16 Page 20 / 66 had sold a SIM card (Tata Indicom) having number 9210323683 to accused Surjeet. He stated that the accused Surjeet signed the Form in his presence. He had seen the Allotment Form in the name of accused Surjeet which is Ex.PW19/A. He correctly identified the accused Surjeet during his deposition before the Court.
31. PW20 is HC Ram Prakash. On 05.07.2009, he was posted as HC/Driver in PCR Van R53. At about 11.54a.m., on receipt of information regarding murder inside Kothi Number 14 Shrestha Vihar, Delhi, he along with Ct. Manvir and HC Devender went there. Ct. Manvir and HC Devender brought a person on stature and they shifted that person to Hedgewar Hospital where he was declared "brought dead". His statement was recorded by the IO.
32. PW21 is HC Rajesh Kumar. On 05.07.2009, he was posted at PCR. On receiving information from PCR Operator regarding death at 15 Shrestha Vihar. He directed the concerned PCR of SC No. 1465/16 Page 21 / 66 area to reach at the spot for necessary action. He brought the original form of PCR which is Ex. PW21/A.
33. PW22 is Ct. Damodar Singh. On 06.07.2009, he along with SI K.K.Tiwari, Ct. Naveen and Ct. Nirdosh had gone to Jharkhand, Ranchi in search of accused Surjeet. On 10.07.2009 they along with one armed Platoon of Jharkhand Armed Police and ASI Shashi Kant of local Police Station went to the village of accused Surjeet Munda. They raided the house of accused along with local police and Jharkhand Armed Police. The accused was found in his house. The IO interrogated the accused. The accused Surjeet Munda was arrested by the IO. The arrest memo of accused was prepared which is Ex.PW22/A. The personal search of the accused was also conducted and memo was prepared in this regard, which is Ex.PW22/B. One golden chain, a silver ring and Rs. 25,000/ were recovered from the house of Surjeet Munda at his instance. IO prepared seizure memo of the recovered articles which is Mark P22. He identified the case property i.e. Rs. SC No. 1465/16 Page 22 / 66 25,000/ recovered from the personal search of the accused Surjeet Munda. He identified the golden colour chain and silver ring which are Ex.P6 and Ex.P7. The accused was produced before CJM Gumla and accused was given in police custody. Next day they came back to their Police Station in Delhi.
34. PW23 is Ct. Naveen. He joined the investigation along with SI K.K.Tiwari, Ct. Nirdhosh and Ct. Damodar. He deposed on the same lines of PW22 Ct. Damodar. While identifying the case property, he also corroborated the testimony of PW22 Ct. Damodar on all material points.
35. PW24 is HC Vinay Kumar. On 05.07.2009, he was posted at Police Station Anand Vihar. He had taken the dead body of the deceased Yash Pal Soli to Dr. Hedgewar Hospital where postmortem of deceased was conducted. He remained with the dead body in the mortuary till the postmortem was conducted. Doctor handed over sealed pullandas containing viscera, SC No. 1465/16 Page 23 / 66 pacemaker of deceased, clothes of deceased, blood sample of deceased and sample seal of the doctor which were seized by the IO vide memo Ex.PW24/A.
36. PW25 is Sh. Guddu Upadhya. He was working as Security guard with Sharma Security Services. He did not support the prosecution case.
37.PW25 has been cross examined by the Ld. Addl. PP for the State.
He denied that police had recorded his statement Mark PW25/A on 05.07.2009 regarding the incident. He denied that he saw Surjeet taking away car bearing number DL7CC3958 belonging to Yash Pal Soli. He denied that two more boys were also sitting in the said car. He stated that he did not know the accused Surjeet. He denied that he intentionally and deliberately suppressed the true facts.
38. PW26 is HC Someshwar Rai. On 14.07.2009, he joined the investigation of this case with ASI Desh Raj. At about 9.45a.m SC No. 1465/16 Page 24 / 66 they reached near H. No. 63, Near Azad Pur Subzi Mandi where one secret informer told them that accused Puran Sharma was present in a room situated on the first floor of House Number 63. At about 11.30a.m. they reached in the said room. He was interrogated by the IO and after interrogation accused Puran was arrested vide memo Ex.PW26/A. His personal search was conducted vide memo Ex.PW26/B. Disclosure statement of accused Puran Sharma was also recorded which is Ex.PW26/C. Accused Puran took them to his office at Saya Auto Mobile situated at A21/22, G.T.Karnal Road, Azad Pur, Delhi. Accused Puran Sharma got recovered one shirt, one leather office bag, one ladies wrist watch, one white colour plate, four katori and one spoon. The said articles were kept in the transparent polythene and taken into possession vide memo which is Ex.PW26/D. He identified the case property i.e. Shirt Ex.P3, Bag Ex.P4 and other items Ex.P5/17 which were recovered at the instance of Puran Sharma.
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39. PW27 is Ct. Sandeep. On 13.07.2009, he joined the investigation along with IO/Insp. Ghanshyam. He stated that the IO interrogated the accused Surjeet Munda in the Police Station and recorded his disclosure statement which is Ex.PW27/A. The accused pointed out the place of occurrence. At his instance, IO prepared pointing out memo which is Ex.PW27/B. He identified the accused Surjeet Munda during his deposition before the Court.
40. PW28 is HC Pappu Sharma. On 05.07.2009, he was posted as Constable at Police Station Anand Vihar. He got message through wireless that one murder had taken place at House Number 14, Shrestha Vihar, Near Yojna Vihar, Delhi. W/ASI Veena handed over copy of DD No.9A to him. Thereafter, he reached at the spot. He handed over the copy of DD to SI K.K.Tiwari who was already present there. Crime Team was called at the spot. Finger prints were lifted. Spot was photographed. At about 5.00p.m., IO handed over to him a written tehrir. He took the same to Police station for registration of the case. He handed over the SC No. 1465/16 Page 26 / 66 computerized copy of FIR along with original tehrir to the IO at the spot. He stated that IO had taken into possession one tawa and one hammer from the Pooja Room situated at first floor of the house vide seizure memo Ex.PW5/B. From the master bedroom at first floor of the house, IO had lifted one blood stained quilt of yellow colour make Fab India, another blood stained quilt of green colour make Fab India, one bed sheet and pillow cover of orange and blue spots having blood stains, one bed sheet of white colour stained with yellow colour substance and blood stains, one chunni of yellow colour having knot, one blue colour printed ladies kurta having blood stains, one white bed sheet having blood stains and knot in the middle, one white colour chunni having knot in middle, one chunni of white colour having blood stains and knot, one ladies dupatta of white colour. All these articles were kept in a yellow colour cloth and were taken into possession vide seizure memo Ex.PW5/C. He stated that in the wooden almirah which was kept in the drawing room on the ground floor of the house, IO had lifted one bottle of Heinz Tomato Ketchup SC No. 1465/16 Page 27 / 66 having yellow colour substance and some substance of yellow colour was taken into a vial which was taken into possession vide seizure memo Ex.PW5/D. He stated that there was a lobby outside the kitchen on the ground floor of the house. Some articles were kept on the table which were checked by the Crime Team. Finger prints were lifted. IO took into possession one bottle of Jacop Creep Vintage 2002 wine, one bottle on which Baileys the original irish cream (whisky) was written, one mug of glass having yellow colour substance which was taken into a vial. All these articles were taken into possession vide seizure memo Ex.PW5/E. From the first floor master bedroom, the IO had lifted blood with the help of cotton from near bathroom and same was kept in two separate plastic vials which were marked as E and F and taken into possession vide seizure memo Ex.PW5/F. IO also lifted blood samples with the help of cotton from the stairs at first floor in front of bedroom from the store room floor and the same was kept in a plastic vial which were converted into parcel with the help of cloth and was marked D and taken into possession SC No. 1465/16 Page 28 / 66 vide seizure memo Ex.PW5/G. From the master bedroom at first floor of the house, IO had lifted one chunni of brown colour, one chunni of yellow colour having flowers of pink and green colour, one white chunni, one chunni with green and yellow colour, one white chunni having orange colour flowers, one ladies kurta torn in the middle, one salwar of white colour, one chunni of white colour having knot in the middle, one chunni having knot. All the said articles were taken into possession vide seizure memo Ex.PW28/A. From the table kept in the lobby outside the kitchen, IO had taken glass mug having yellow colour substance. The substance was taken into a vial and was taken into possession vide seizure memo Ex.PW28/B. IO had lifted blood samples with the help of cotton from the floor near bathroom of bedroom of ground floor of the said house which was kept in a plastic vial. Blood sample was also lifted with the help of cotton near the chairs from the bedroom which was also kept in a plastic vial. Two separate parcels were prepared and taken into possession vide seizure memo Ex.PW28/C. He identified the case property i.e. one iron SC No. 1465/16 Page 29 / 66 Tawa Ex.P9 and one hammer made of iron Ex.P10. He identified one blood stained quilt of yellow colour make Fab India, another blood stained quilt of green colour make Fab India, one bed sheet and pillow cover of orange and blue spots having blood stains, one bed sheet of white colour stained with yellow colour substance and blood stains, one chunni of yellow colour having knot, one blue colour printed ladies kurta having blood stains, one white bed sheet having blood stains and knot in the middle, one white colour chunni having knot in middle, one chunni of white colour having blood stains and knot, one ladies dupatta of white colour as Ex.P11. He also identified one chunni of brown colour, one chunni of yellow colour having flowers of pink and green colour, one white chunni, one chunni with green and yellow colour, one white chunni having orange colour flowers, one ladies kurta torn in the middle, one salwar of white colour, one chunni of white colour having knot in the middle, one chunni having knot as Ex.P12.
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41. PW29 is HC Manveer. On 05.07.2009, he was posted in PCR East Zone, Delhi as Constable. On that day, he was on duty from 9.00 a.m. to 5.00 p.m. on R53 PCR van along with HC Devender and driver HC Ram Prakash. At about 11.55 a.m. they received a message through wireless about one murder at Kothi Number 14, Shreshtha Vihar, Delhi. They reached there at the spot. He saw one male person whose name was Yash Pal Soli was lying in dead condition in a room at the first floor of the house. He also saw one lady lying on the ground floor in injured condition. The dead body of Sh. Yash Pal Soli was taken to Dr. Hedgewar Hospital. The Control Room was informed. He requested to send CAT van at the spot. At about 12.40p.m. the doctor declared Sh. Yash Pal Soli as dead and he informed the Control Room in this regard. His statement was recorded by the IO.
42. PW30 is Ct. Nirdosh Tyagi. He deposed on the same lines as PW22 Ct. Damodar and PW23 Ct. Naveen.He has corroborated the testimony of PW22 Ct. Damodar and PW23 Ct. Naveen on SC No. 1465/16 Page 31 / 66 all the material points.
43. PW31 is HC Akhlesh Kumar. On 05.07.2009, he was working as MHC(M) at Police Station Anand Vihar. On that day Inspector Ghanshyam came to Malkhana and produced 13 parcels along with one hammer and one tawa and copy of seizure memo before him. He deposited the same in Malkhana in proper condition and made relevant entries in register number 19. Copy of which is Ex.PW31/A. On the same day, SI K.K.Tiwari produced one car bearing number DL 7CC 3958 which was deposited by him in the malkhana and made relevant entry in register number 19. Copy of the same is Ex.PW31/A. On 06.07.2009, Inspector Ghanshyam produced four parcels along with sample seal before him and the same were deposited by him in malkhana. He made relevant entries in this regard. Copy of which is Ex.PW31/A. On 13.07.2009, SI K.K.Tiwari produced before him one golden colour chain, one silver colour ring and cash Rs. 25,000/. He deposited the same in the malkhana and made relevant entry in SC No. 1465/16 Page 32 / 66 register number 19. Copy of which is Ex.PW31/B. On 14.07.2009, ASI Desh Raj came to malkhana and produced one parcel along with personal search articles of accused Puran Sharma which was deposited by him in the malkhana and made relevant entry in register number 19. Copy of which is Ex.PW31/C. On 15.07.2009, Inspector Ghanshayam produced before him one sealed parcel along with two iron rods which he deposited in the malkhana and made relevant entry in register number 19. Copy of which is Ex.PW31/D. On 15.12.2009, Inspector Ghanshyam produced before him two sealed parcels along with sample seal which were deposited by him in the malkhana and made relevant entry in this regard in register number 19. Copy of which is Ex.PW31/E. On 18.09.2009, IO Inspector Ghanshyam produced before him one golden chain, Rs. 25,000/, Silver ring, one sealed parcel, one other sealed parcel which he deposited in the malkhana and made relevant entries in register number 19. On 29.10.2009, on the directions of the IO, he handed over 10 sealed parcels along with sample seals to Ct. SC No. 1465/16 Page 33 / 66 Purshottam for depositing the same at FSL Rohini. He also handed over four sealed parcels along with sample seals for depositing the same at FSL Rohini. Copy of RC No. 97 is Ex.PW31/F, Copy of receipt is Ex.PW31/F1. Copy of RC No. 98/21 is Ex.PW31/G and Copy of receipt is Ex.PW31/G1.
44. PW32 is HC Dev Dutt. On 05.07.2009, he was posted as Head Constable in Police Station Anand Vihar. He had gone along with SI K.K.Tiwari to the spot in the inquiry of DD No. 9A. There they came to know that the injured Sh. Yash Pal Soli had been shifted to Hedgewar Hospital in PCR van. He was directed by SI K.K.Tiwari to remain at the spot and he had gone to Dr. Hedgewar hospital. He came to know that servant Surjeet Munda was missing from the house. Crime Team was called at the spot. The spot was photographed. He stated that finger print expert lifted the chance prints/ finger print from the spot. He noticed that in room/bedroom on ground and first floor blood was lying scattered. He stated that CATS Ambulance also reached there. SC No. 1465/16 Page 34 / 66 Inspector Ghanshyam lifted the exhibits from the spot. His statement was recorded by the police.
45. PW33 is W/Ct. Savita. On 05.07.2009, she was posted at PCR Control Room PHQ, ITO, New Delhi. At about 11.53 a.m., she received a call from mobile number 9811010186 that murder of someone had taken place at House Number 14, Shrestha Vihar, Delhi. She transferred the information to communication staff, East District for necessary action. She had filled the PCR Form. Copy of which is Ex.PW33/A. She had also brought Certificate u/s 65B of Indian Evidence Act which is Ex.PW33/B. She had also brought the PCR Form dated 05.07.09, the copy of the same is Ex.PW33/A1.
46. PW34 is HC Mahender. On 05.07.2009, he was on duty from 08.00 a.m to 08.00 p.m. At about 11.55 a.m. he received a call through wireless from East Control Room regarding a murder at House Number 14, Shrestha Vihar, Delhi. He received a second SC No. 1465/16 Page 35 / 66 call that locks of the said house were broken and something had happened there. He passed the information to the Duty Officer W/ASI Veena for necessary action. He made entries in the Log Book regarding the same.
47. PW35 is ASI Devender Kumar. On 05.07.09, he was posted at PCR East Zone. He was on duty from 9.00 a.m. to 05.00 p.m on PCR Van R53. At about 11.54 a.m., he received a call from Control Room about murder which took place at House Number 14, Shrestha Vihar. He reached there. He took gunman Ct. Manveer with him and entered the house. With the help of Ct. Manveer he took the dead body of Sh. Yash Pal Soli on stature and took it to Hedgewar Hospital. He got it admitted in the hospital. He came to know from doctor that Yash Pal Soli had expired. He informed regarding the same to the Control Room.
48. PW36 is SI Sajjan Singh. On 05.07.2009, he was on emergency duty at Police Station Adarsh Nagar. On that day, he received a SC No. 1465/16 Page 36 / 66 call regarding an abandoned vehicle vide DD Number 23A. He went to Metro Pillar No. 64, Azad Pur where a Fiat Palio car bearing number DL7CC3958 of silver colour was found parked. He inquired about the ownership details of the car and obtained the telephone number of the owner of the car. He made a phone call on that number and came to know that since after the incident of murder, the car was missing. He made a call to Mobile Crime Team. Crime Team arrived there and inspected the car. Crime Team prepared the report and handed over the same to Inspector Ghanshyam. The vehicle was taken in possession by the IO vide memo Ex.PW36/A.
49. PW37 is SI Desh Raj Singh. On 15.07.2009, he joined the investigation of this case along with IO Inspector Ghanshyam. He along with Inspector Ghanshyam and accused Surjeet Munda went to House number 63, first floor, Azad Pur Village. Accused Surjeet Munda got recovered two iron rods which were seized vide memo Ex.PW37/A. Accused Surjeet Munda got recovered a SC No. 1465/16 Page 37 / 66 pendant without chain having a Nag (stone) from the almirah of the room which was seized vide memo Ex.PW37/B. Accused Surjeet Munda pointed out Metro pillar No. 64, near Azad Pur Village where stolen car No. DL 7CC 3958 was left in an abandoned condition. The Pointing out memo of car bearing number DL 7CC 3958 is Ex.PW37/C. He identified the case property i.e. two rods Ex.P1 and Ex.P2, Pendant without chain and having white round Nag (stone) as Ex.P8.
50. PW38 is Sh. Ajay Bhatia. He stated that he has been working as Deputy Superintendent District Jail Rohini since 27.04.2016. He produced the letter dated 18.09.2009 issued by the then Deputy Superintendent, District Jail, Rohini which was addressed to Inspector Ghanshyam, AntiTerrorist Operations, Police Station Anand Vihar, Delhi, on his request vide letter dated 11.09.2009. As per record, the information was sought regarding accused Shyam Kumar @ Mohan and Surjeet Munda from Deputy Superintendent District Jail, Rohini which was supplied vide letter SC No. 1465/16 Page 38 / 66 dated 18.09.2009. The said letter is Ex.P38/A. He identified the signatures of Sh. Raj Singh Suhag, the then Deputy Superintendent, District Jail Rohini.
51. PW39 is Inspector Ghanshyam. On 05.07.2009, he was posted at Police Station Anand Vihar. On that day, on receipt of DD number 9A (Ex.PW39/A) he went to the spot. On inquiry, he came to know that the deceased Yash Pal Soli had been taken to Hedgewar Hospital by PCR Van. His wife Smt. Sudha Soli was taken to Shanti Mukund Hospital by the CATS vehicle. Smt. Swati, daughter of the deceased met him at the spot. SI K.K.Tiwari recorded the statement of Ms. Swati and prepared the ruqqa and sent the same to Police Station through Ct. Pappu for registration of FIR. After registration of the FIR, copy of FIR and ruqqa were handed over to him for investigation of this case. Spot was photographed by the Crime Team. Crime Team lifted chance print from the spot. After registration of the case, he inspected the place of occurrence. He found there household articles were SC No. 1465/16 Page 39 / 66 scattered. He found a table in the dinning hall upon which two bottles of liquor and one glass mug were lying. The mug was partly filled with the yellowish colour liquid. He transferred the liquid to another glass bottle and seized the same vide seizure memo Ex.PW28/B. He seized both the bottles along with mug vide seizure memo Ex.PW5/E. He inspected the drawing room and found a wooden almirah in which liquor bottles were kept and in between those liquor bottles one small ketchup bottle of brand 'Heinz Tomato Ketchup' was lying. He seized the same vide seizure memo Ex.PW5/D. He inspected the bedroom at the ground floor and noticed some blood stains on the floor in front of attached toilet and near the bed in the bedroom. He lifted the blood with the help of cotton in two different bottles and marked them as Mark A and Mark B and seized the same vide seizure memo Ex.PW28/C. Thereafter, he reached at the office of the deceased which was situated in between the ground and first floor adjacent to stairs. After inspecting the office, he went at the first floor. He inspected the Pooja room. He found one tawa and one SC No. 1465/16 Page 40 / 66 hammer which were seized vide seizure memo Ex.PW5/B. He inspected the room in front of stairs. He found blood stains in between outside of bathroom and bed of the bedroom. He lifted that blood with the help of cotton and seized the same vide seizure memo Ex.PW5/C. Thereafter, he entered the master bedroom where he found two quilts of make Fab India having blood stains, one bed sheet with pillow cover having blood stains, one bed sheet of white colour having blood stains, one chunni of yellow colour which was having a knot, one torn ladies kurta having blood stains, one white bed sheet having knot with blood stains, one white chunni having knot with blood stains, one white chunni having knot with blood stains and one ladies dupatta. He seized the same vide seizure memo Ex.PW5/C. He seized several other clothes from the master bedroom vide seizure memo Ex.PW28/A. He noticed blood stains on the floor of the master bedroom which was seized vide seizure memo Ex.PW5/F. On 05.07.2009, during investigation of the case, Crime Team prepared the Scene of Crime Visit Report which is Ex.PW39/A. Crime Team also SC No. 1465/16 Page 41 / 66 inspected Fiat Palio Car No. DL7CC3958 and prepared Scene of Crime Visit Report which is Ex.PW39/B. He prepared Site Plan at the instance of complainant Ms. Swati which is Ex.PW39/C. He deposited the case property in the Malkhana as per the seizure memo. He recorded the statements of witnesses. On 06.07.2009, he recorded the statements of the daughters of deceased Yash Pal Soli regarding identification of his dead body. He prepared death report of deceased Yash Pal Soli which is Ex.PW39/D. Dead body was handed over after postmortem to the daughter (Swati) of deceased in the presence of other daughter namely Nishtha. He prepared memo in this regard which is Ex.PW39/E. After postmortem, Dr. Sone Lal handed over to him the exhibits which comprised of Viscera box, one plastic jar containing pace maker of deceased, one yellow colour polythene containing clothes of deceased, blood sample and sample seals. He seized the same vide seizure memo in this regard which is Ex.PW24/A. On the same day, he deposited the case property i.e. exhibits given by the doctor in the Malkhana. He recorded statements of relevant SC No. 1465/16 Page 42 / 66 witnesses. On the same day, one raiding party was sent to native place of accused Surjeet Munda and on 10.07.2009 accused was arrested. On transit remand accused Surjeet Munda was brought to Delhi on 13.07.2009. He interrogated the accused and recorded his disclosure statement which is Ex.PW41/C. On the same day, accused Surjeet took them at the place of incident and pointed out that he along with his associates Shyam Kumar and Kumar Thapa committed murder of Yash Pal Soli. He prepared the pointing out memo which is Ex.PW27/B. One other disclosure statement of accused Surjeet Munda was recorded which is Ex.PW27/A. In pursuance of the disclosure of accused on 14.07.2009, one raiding party was sent to village Azad Pur Delhi to arrest Puran Sharma, who was receiver of the part of robbed property. Accused Puran Sharma was arrested by the raiding team. Part of robbed property was recovered by the raiding team at the instance of accused Puran Sharma from his office which was seized vide seizure memo Ex.PW26/D. Disclosure statement of accused Puran Sharma was also recorded prior to recovery which is Ex.PW26/C. SC No. 1465/16 Page 43 / 66 On 15.07.2009, he along with ASI Desh Raj and both the accused persons Puran Sharma and Surjeet Munda reached at the residence of the accused Puran Sharma at Azad Pur Village where at the instance of accused Surjeet Munda, two iron rods (Ex.P1) and (Ex.P2) and one gold pendant (Ex.P8) were recovered. He seized the same vide seizure memo Ex.PW37/A and Ex.PW37/B. Thereafter, he prepared the pointing out memo of the car bearing number DL 7CC 3958 on the pointing out of accused Surjeet Munda. He collected Bank Account details of accused Surjeet. He verified the driving license of accused Surjeet from the concerned authorities. The copy of driving license of Surjeet is Ex.PW39/F. He collected the photographs of the spot i.e. House Number 14, Shrestha Vihar, Anand Vihar, Delhi and metro pillar no. 64 Azad Pur Chowk, Delhi where the car of the deceased was recovered which were taken by the Crime Team. On 27.07.2009 Ct. Sonu Kaushik/ Draftsman handed over to him scaled Site Plan which is Ex.PW39/G. He obtained the result of MLC of the victim Sudha Soli. He collected the photocopy of General OPD card of Ms. SC No. 1465/16 Page 44 / 66 Sudha Soli of Shanti Mukund Hospital which is Mark X. He collected the copy of PCR Form which is Ex.PW33/A. He got conducted the judicial TIP of the case property which is Ex.PW13/A. He obtained the Jail Record of accused Shyam Kumar @ Mohan and Surjeet Munda which is Ex.PW38/A. He obtained Call Details of mobile number 9210323683. He obtained Call Detail of mobile of accused Puran Chand. He collected list of robbed articles which is Ex.PW6/B. He also obtained blood sample of victim Sudha Soli which is Ex.PW39/J. He sent exhibits to FSL Rohini. The Viscera and other exhibits were sent to FSL. Result in this regard was received which is Ex.PW39/K. The result of blood sample was obtained which is Ex.PW39/L. The result of other exhibits lifted from the spot i.e. clothes and exhibits handed over by the doctor after postmortem is Ex.PW39/M. He identified the case property i.e. gold pendent which is Ex.P8 and two iron rods Ex.P1 and Ex.P2. He identified the accused Surjeet Munda during his deposition before the Court.
SC No. 1465/16 Page 45 / 66
52. PW40 is Retired SI Shashi Kant Kumar. On 09.07.2009, he was posted at Police Station Dumri, District Gumla, Jharkhand. He stated that on that day SI K.K.Tiwari along with three constables came at the Police Station and met the Incharge of the Police Station. He accompanied SI K.K.Tiwari and his police team and went to Chain Pur at the house of accused Surjeet Munda. Rs.25,000/, a chain and ring were recovered from the house of accused Surjeet. Recovered articles were seized vide memo Ex.PW40/A. He identified the case property i.e. Rs. 25,000/. He also identified a plastic box covered with a tape containing golden colour chain and a silver colour ring as Ex.P6 and Ex.P7 during his deposition before the Court.
53. PW41 is Insp. K.K.Tiwari. On 05.07.2009, DD No. 9A was marked to him for necessary action. He along with HC Dev Dutt reached at the spot where complainant Swati met him. On interrogation, he came to know that the injured had been taken to SC No. 1465/16 Page 46 / 66 hospital. He directed HC Dev Dutt to remain at the spot to guard the scene of crime. He reached Dr. Hedgewar Hospital and collected MLC of Yash Pal Soli, who was declared 'brought dead'. He was informed by the Duty Officer that one of the injured was admitted in Shanti Mukund Hospital. He reached there and collected MLC of injured Sudha Soli. He recorded the statement of the complainant Ms. Swati. He prepared ruqqa after making endorsement on th same which is Ex.PW41/A and it was given to Ct. Pappu Sharma for registration of the case. On the same day, he went to Police Station Adarsh Nagar where the Fiat Palio car bearing number DL 7CC 3958 was lying parked near Metro Pillar No. 64. He reached pillar no. 64, Azad Pur along with Crime Team where the said car was found parked. The said car was taken into possession vide seizure memo Ex.PW36/A. He obtained the photograph of accused Surjeet Munda from his Dossier. On 06.07.2009, he along with Ct. Damodar, Ct. Naveen and Ct. Nirdosh left for Ranchi, Jharkhand. There they came to know that house of accused Surjeet was situated within the SC No. 1465/16 Page 47 / 66 jurisdiction of Police Station Dumri. He reached there. He apprehended the accused Surjeet. Accused was interrogated by him about the looted property and he got recovered one golden colour chain, one silver colour ring and cash of Rs.25,000/ and were taken into possession vide memo Ex.PW40/A. The information of arrest of the accused was given to ASI Shashi Kant vide memo Ex.PW41/B. He recorded the statement of ASI Shashi Kant at Police Station Chain Pur. Thereafter, they came back to District Gumla, Jharkhand and accused was produced before Ld. Court of CJM concerned. He took transit remand of accused for three days. The accused was got medically examined. He deposited case property in Malkhana. He recorded statements of relevant witnesses and handed over to IO. On 13.07.2009, he along with the accused was joined in the investigation by the IO Inspector Ghanshyam. The disclosure statement of accused Ex.PW41/C was recorded. On 15.07.2009, accused was again joined in the investigation by the IO. Supplementary disclosure statement of accused was recorded by IO which is Ex.PW41/D. SC No. 1465/16 Page 48 / 66 He identified the case property i.e. Rs. 25,000/ as Ex.P8, golden colour chain Ex.P6 and silver colour ring which is Ex.P7.
54. PW42 is Sh. Dinesh Ram. He stated that in the year 2009 he used to work at Savita Vihar market in a STD Shop No. G6, Plot No.12, Ajnara Complex. He stated that one inspector came to him from PS Anand vihar and asked his name and parentage and left. He did not support the prosecution case.
55.PW42 was cross examined by the Ld. Addl. P.P for the State as he was resiling from his statement under Section 161 CrPC. In his cross examination by Ld. Addl. P.P. for the State, he denied having made statement Mark PW42/A to the police. He admitted that the accused came to him on 01.07.2009. He admitted that the accused made a telephone call from his STD shop. He admitted that accused might have made a call to Number 9210323683.
56.On 02.07.2018, Sh. Dinesh Yaduvanshi, Ld. Counsel for the accused Surjeet Munda had given statement wherein he has SC No. 1465/16 Page 49 / 66 admitted the Report of Sh. R.K.Kain of Finger Print Bureau in respect of chance prints. The said report is Ex. CW1/A. STATEMENT OF ACCUSED U/S 313 Cr.P.C.
57.Statement of the accused was recorded under section 313 CrPC wherein he denied the allegations against him and stated that he is innocent and has been falsely implicated in this case. Accused denied that he was ever employed as domestic servant in the house of Yash Pal Soli. He has also denied that on the date of incident he was present in the house of deceased Yash Pal Soli. He has also denied that on that day Ms. Swati, daughter of deceased Yash Pal Soli had come to meet her parents. He denied all the allegations against him. He stated that he does not know regarding the Customer Application Form pertaining to connection of his mobile phone and also stated that he does not know about the Call Detail Records of mobile numbers 9210323683 and 9873987629. He has also denied regarding Allotment of SIM card pertaining to mobile number 9210323683. SC No. 1465/16 Page 50 / 66 He has also stated that he does not know regarding the driving license issued by Ghaziabad Transport Authority in his favour.
58. Accused has also stated in his statement under Section 313 CrPC that no recovery of Ring, Gold Chain and Rs. 25,000/ was effected from him. He alleged that this recovery was planted upon him. He stated that he was arrested at the instance of accused Shyam Kumar in this false case. He further stated that the witnesses are interested witnesses and have deposed falsely against him. Accused did not lead any evidence in his defence.
59.I have heard Sh. Gaurav Pandey Ld.Addl. P.P. for the State and Sh. Dinesh Yaduvanshi, Advocate for accused. I have also perused the case file.
ARGUMENTS ON BEHALF OF THE PROSECUTION
60. It was submitted by Ld. Addl. P.P. for the State that the prosecution case stands proved from the statements of witnesses. It was submitted by the Ld. Addl. P.P. that all the witnesses are SC No. 1465/16 Page 51 / 66 consistent and corroborative and hence, there is no reason to disbelieve their version. It was submitted that from the statements of PW5 Ms. Swati and PW13 Smt. Sudha Soli, it is proved that accused Surjeet Munda was employed as a domestic servant in the house of PW13 Smt. Sudha Soli. It is proved from their statements that on 04.07.2009 PW5 Ms. Swati had come to the house of her parents at 14 Shrestha Vihar, Delhi. On that day accused Surjeet Munda was present there in the house of her parents and was working as a domestic servant. After meeting her parents she (PW5 Ms. Swati) left for Gurgaon in the evening and while she left the house of her parents, accused Surjeet Munda was present in the house along with her parents. It was argued by the Ld. Addl. P.P. for the State that PW13 Smt. Sudha Soli has also supported the version of PW5 Ms. Swati in this regard.
61.It was argued that the only eye witness of the incident in this case is PW13 Smt. Sudha Soli, who has stated that she heard some noise from the office which was situated in her house. She came out from her bed room and went to the office of her husband. She SC No. 1465/16 Page 52 / 66 saw accused Surjeet Munda along with his two associates. Accused Surjeet was holding her husband and gagging his mouth with his hands and other two persons were having iron rods in their hands. She stated that she shouted for help. Accused Surjeet threatened her if she would raise alarm she would be killed. Then accused Surjeet took the rod and hit it on the head of her husband and thrashed his head against the wall. Her husband became unconscious.
62.It was argued that from the statements of PW5 Ms. Swati, PW6 Nishtha Soli and PW13 Sudha Soli, it is proved that accused Surjeet Munda in pursuance of conspiracy hatched with co accused persons Shyam Kumar and Kumar Thapa (both not arrested) to commit robbery in the house of Sudha Soli. It is also proved that they committed robbery in pursuance of the conspiracy. It is also proved that the accused persons in furtherance of their common intention committed murder of Yash Pal Soli and caused injuries to Sudha Soli with an intention to kill her. It was argued that the Postmortem report of deceased Yash SC No. 1465/16 Page 53 / 66 Pal Soli and MLC of Smt. Sudha Soli also proves the prosecution case. The recovery of gold chain, Ring and Rs. 25,000/ also supports the prosecution case. It was argued that the prosecution case has been proved beyond doubt.
ARGUMENTS ON BEHALF OF THE ACCUSED
63.On the other hand, it was submitted by Ld. Counsel for the accused that the accused is innocent and he has been falsely implicated in this case. It was contended that the prosecution has failed to prove its case against the accused and there are material contradictions in the statements of the prosecution witnesses and therefore, their testimonies are not reliable.
64.It was contended that in this case no evidence has been led by the prosecution to show that the accused was ever employed with the deceased Yash Pal Soli or that on the date of incident he was present in the house of deceased Yash Pal Soli. It was argued that there is no independent eye witness of the incident. PW5 Ms. Swati and PW13 Smt. Sudha Soli are interested witnesses and SC No. 1465/16 Page 54 / 66 their statements cannot be relied upon because their statements have not been corroborated by the testimony of any independent witness.
65.It was argued that recovery of Gold Chain, Ring and Rs. 25,000/ is also doubtful because no independent person of the village / locality or Pradhan of the village Panchayat or Chowkidar was joined in the investigation when the alleged recovery was effected. The witnesses of the said recovery are only police witnesses who are interested witnesses because they are interested in proving their case.
66.It was argued that the Bank Account and Driving License is in the name of Surjeet Sharma, whereas the name of accused is Surjeet Munda. It was also argued that no police verification was got conducted when the accused was allegedly employed as a domestic servant by deceased Yash Pal Soli and therefore, prosecution has failed to prove that the accused was employed SC No. 1465/16 Page 55 / 66 with deceased Yash Pal Soli as domestic servant. It was argued that the police has failed to nab the real culprits and in order to solve the case the accused has been falsely implicated in this case. DISCUSSION AND CONCLUSION
67.In this case, the main contention of the Ld. Counsel for the accused is that the accused was never employed with the deceased Yash Pal Soli and prosecution has failed to prove this fact by leading any documentary proof in this regard.
68. To prove the employment of the accused in the house of deceased Yash Pal Soli, prosecution has examined two witnesses i.e. PW5 Ms. Swati and PW13 Smt. Sudha Soli. Perusal of their statements shows that they have very specifically and categorically stated that the accused Surjeet was employed as a domestic servant in their house at 14 Shrestha Vihar, Delhi. Both these witnesses were cross examined at length by the Ld. Counsel for the accused. However, both these witnesses were not cross examined by the Ld. Counsel for the accused on the point that accused was not SC No. 1465/16 Page 56 / 66 employed as a domestic servant in the house of deceased Yash Pal Soli. Therefore, statements of both the said witnesses remained uncontroverted regarding the employment of the accused as domestic servant in the house of deceased Yash Pal Soli. Therefore, the statements of PW5 Ms. Swati and PW13 Smt. Sudha Soli have to be believed regarding the employment of the accused as domestic servant in the house of deceased Yash Pal Soli. Reliance in this regard can be placed upon a judgment reported as State of Himachal Prasad Vs. Thakur Dass, 1983, Cr.L.J. 1694 1701 (HP) wherein it was observed that whenever a statement of fact made by a witness is not challenged in cross examination, it has to be concluded that the fact in question is not disputed. Reliance can also be placed upon a judgment titled as Motilal Vs. State of of Madhya Pradesh, 1990 Cri. LJ NOC 125 MP, wherein it was observed that if there is no cross examination of a prosecution witness in respect of a fact, it will show the admission of that fact. Reliance can further be placed upon a judgment of the Hon'ble Delhi High Court which is SC No. 1465/16 Page 57 / 66 reported as State Vs. Mohd. Afzal & Ors. 2003VII AD (Delhi) 1 wherein it was held that when a witness is not cross examined on any relevant aspect, the correctness of the statement made by the witness cannot be disputed. Therefore, from the statements of PW5 Ms. Swati and PW13 Sudha Soli, it is proved that accused Surjeet Munda was working as domestic servant in the house of deceased Yash Pal Soli at the time of incident.
69. Further statements of PW5 Ms. Swati and PW13 Smt. Sudha Soli reveals that both of them have stated that on 04.07.09 PW5 Ms. Swati had visited the house of her parents at 14 Shrestha Vihar, Delhi. They have also stated that at that time they had dinner together. Both of them also stated that Ms. Swati left for Gurgoan and accused Surjeet Munda was in the house at that time along with Sudha Soli and deceased Yash Pal Soli. Both the said witnesses were not cross examined by the Ld. Counsel for the accused persons on this point, therefore, the statements of both the witnesses have to be accepted in view of the judgments State of SC No. 1465/16 Page 58 / 66 Himachal Prasad Vs. Thakur Dass, Motilal Vs. State of Madhya Pradesh and State Vs. Mohd. Afzal & Ors.(supra). Therefore, it is proved that at the time of incident the accused was present in the house of Sudha Soli and deceased Yash Pal Soli.
70. The case of the Ld. Counsel for the accused is that the case rests entirely upon the statement of PW13 Smt. Sudha Soli and her uncorroborated statement cannot be relied upon because she is an interested witness. In my considered opinion, she is not an interested witness. The incident took place in her house in the late night hours. Her presence in her house is natural. She is also an injured and eye witness of the murder of her husband in the present case. Therefore, she cannot be termed as an interested witness. Further, the plea of the Ld. Defence counsel that testimonies of PW5 Swati and PW13 Sudha Soli are not reliable, is without any merit and this has to be ignored in the light of Judgment of the Hon'ble Supreme Court of India which is reported as Dalbir Kaur Vs. State of Punjab AIR 1977 SC 472 SC No. 1465/16 Page 59 / 66 wherein it was observed that a close relative who is a very natural witness in the circumstances of a case cannot be regarded as an interested witness. I am also supported by another judgment of Hon'ble Supreme Court of India which is reported as Om Prakash Vs. State of Punjab AIR 1993 SC 138 wherein it was held that when interested witness is found to be natural witness, his version has to be accepted. The Hon'ble Supreme Court of India in a case reported as Kailash Vs. State of U.P. AIR 1997 SC 2835 has held that in the absence of any material to show that the eye witness had enmity with any of the accused, the evidence of that witness could not be brushed aside on the ground of relationship with the victim. In another case reported as Tarjinder Singh Vs. State of Haryana AIR 1993 SC 503 the Hon'ble Supreme Court of India has held that where the presence of an eye witness at the scene of occurrence is proved and his evidence is corroborated with medical and circumstantial evidence, the evidence of such witness cannot be discarded on the ground that he is an interested witness. The presence of PW13 SC No. 1465/16 Page 60 / 66 Sudha Soli was natural at the spot because it was her house where the incident took place during the night hours. No motive of false implication has been alleged or brought forward or proved by the accused. Therefore, this contention of the Ld. Defence Counsel is without any force. PW13 Sudha Soli could not be shaken from her stand in her cross examination. Her testimony is also corroborated by medical and other circumstantial evidence. So far as the examination of independent witness is concerned, it was not possible for any outsider to witness the incident because the incident took place in the house of PW13 Sudha Soli and that too, in the late night hours.
71. So far as the contention of the Ld. Defence Counsel that testimony of PW13 Sudha Soli cannot be relied upon, I am of the opinion that this contention is without any force. Plurality of evidence is not Rule of law. The statement of the sole witness can be relied upon and accepted provided he/she is reliable witness. In this regard, reliance can be placed upon Judgment of Hon'ble Supreme Court of India which is reported as Lallu Manjhi and SC No. 1465/16 Page 61 / 66 another Vs. State of Jharkhand 2003 1 AD (SC) 597, wherein it was held that conviction of accused can be based even on the testimony of a solitary witness when his evidence is found to be wholly reliable. The Hon'ble Supreme Court of India in another case reported as 2009 (I) AD(SC) 80 has held that as per Section 134 of Indian Evidence Act, there is no legal impediment in convicting a person on the sole testimony of a single witness. The test is whether the evidence has a ring of truth, is cogent, credible and trustworthy.
72. As discussed above, the presence of PW13 Smt. Sudha Soli at the spot is natural. She could not be shaken from her stand in her cross examination. No motive of false implication has been alleged, brought forward or proved. Therefore, in view of the above discussed case law, her statement has to be believed and accepted.
73.The recovery of Gold Chain, Ring and Rs. 25,000/ was effected SC No. 1465/16 Page 62 / 66 at the instance of accused Surjeet Munda. The contention of the Ld. Defence counsel is that no public witness was joined in the investigation by the Investigating Officer at the time of said recovery. The said recovery was also effected in the presence of Jharkhand Armed Police and local police of Jharkhand. There was no motive to falsely implicate the accused in the present case by the Jharkhand Police or Jharkhand Armed Police or the complainant. Therefore, this contention of Ld. Defence Counsel is without any force.
74.From the discussion above, it is proved that the defence taken by the accused has not been established. All the pleas raised by the Ld. Defence Counsel has been disbelieved. The witnesses are consistent and corroborative. There are no discrepancies in their statements. Their stand could not be shaken in their cross examination. Hence, there is no reason to disbelieve their statements.
75. PW13 Smt. Sudha Soli has very specifically deposed that SC No. 1465/16 Page 63 / 66 accused Surjeet Munda had gagged the mouth of her husband and his associates were having iron rods with them. She deposed that accused Surjeet Munda took rod from one of his associate and hit it on the head of her husband and had thrashed the head of her husband against wall. Her husband was taken to hospital where he was declared 'brought dead'. On her refusal to give keys, accused Surjeet Munda hit her head with the iron rod. She became unconscious. She also deposed that on the next day she checked the almirahs and found cash of Rs. 22.5 Lacs and jewellery were missing from the house. She also deposed that wrist watches were also missing from the house. She deposed that her bangles were removed by the accused during the incident. She also deposed that her car was also missing from the house. As per MLC Ex.PW2/A, the injuries on the person of PW13 Sudha Soli were grievous. She was hit by accused Surjeet Munda with the iron rod. She became unconscious due to the injuries. PW3 Dr. S.Lal has conducted postmortem on the dead body of deceased Yash Pal Soli. As per his report Ex.PW3/A the cause of death was cranio SC No. 1465/16 Page 64 / 66 cerebral damage consequent upon blunt force impact on head and sufficient to cause death in the ordinary course of nature. All the injuries were ante mortem in nature, fresh in duration and could be possible by blunt force impact. The robbed articles i.e. gold chain and ring which were recovered from the accused Surjeet Munda have been identified by PW13 Sudha Soli in the Court and also in the Judicial TIP conducted by PW18 Sh. R.L.Meena.
76. Therefore, in view of the above discussion, it is proved that on the intervening night of 04/05.07.2009, the accused Surjeet Munda committed robbery in pursuance of criminal conspiracy hatched by him with Shyam Kumar and Kumar Thapa (both not arrested). It is also proved that while committing robbery accused Surjeet Munda used deadly weapon i.e. iron rod with which he caused injuries to Sudha Soli. It is also proved that accused Surjeet Munda along with Shyam Kumar and Kumar Thapa ( both not arrested) in furtherance of their common intention committed murder of Yash Pal Soli. It is also proved that accused Surjeet Munda along with Shyam Kumar and Kumar Thapa (both not SC No. 1465/16 Page 65 / 66 arrested) in furtherance of their common intention caused injuries to Smt. Sudha Soli with an iron rod with an intention to kill her.
77. Hence, in view of the above discussion, I am of the considered view that the prosecution has been able to prove the charges against the accused and therefore, the accused is held guilty for the offences punishable under Section 392 IPC r/w Section 120B IPC, Section 397 IPC r/w Section 34 IPC, Section 302 IPC r/w 34 IPC and Section 307 IPC r/w Section 34 IPC. Accordingly, the accused Surjeet Munda is convicted, thereunder.
78. Copy of this judgment be supplied to the convict free of cost, today itself. Accused shall be heard separately on the point of Sentence. The case property be released to the rightful owner after expiry of the period for filing the appeal.
(This judgment has been typed directly by P.A. on my dictation). Digitally signed by
SURINDER SURINDER KUMAR
Announced in open Court on KUMAR SHARMA
Date: 2018.12.20 14:52:51
SHARMA
20.12.2018
+0530
(SURINDER KUMAR SHARMA)
Additional Sessions Judge 05
East District, KKD Courts, Delhi
SC No. 1465/16 Page 66 / 66