Delhi District Court
State vs . Mukesh Kumar Chauhan on 23 January, 2015
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS JUDGE
II (NORTHWEST): ROHINI COURTS: DELHI
Session Case No. 62/2014
Unique Case ID No.: 02404R0321822014
State Vs. Mukesh Kumar Chauhan
S/o Late Puna Ram Chauhan
R/o House No. C3/178, 2nd Floor,
Sultan Puri, Delhi
(Convicted)
FIR No.: 764/2014
Police Station: Sultan Puri
Under Sections: 302 Indian Penal Code
Date of committal to sessions court: 15.10.2014
Date on which orders were reserved: 21.1.2015
Date on which judgment pronounced:22.1.2015
JUDGMENT:
(1) As per the allegations on the intervening night of 1516.7.2014 between 11:50 PM to 8:00 AM in the bedroom of second floor, C3/178, Sultan Puri, Delhi the accused Mukesh Kumar Chauhan committed the murder of his son namely Divyanshu by smothering by putting pillow on his mouth thereby blocking the air passage. Further, it is alleged that the accused Mukesh Kumar Chauhan had also committed the murder of his wife Smt. Lata by strangulating her with the wire of the electric wire. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 1 BRIEF FACTS/ CASE OF THE PROSECUTION:
(2) The case of the prosecution is that on 16.7.2014 at about 9:10 AM an information was received from Police Station Sultan Puri pursuant to which DD No.13A was lodged which was marked to SI Deepak for inquiry. Thereafter SI Deepak along with Ct. Dhan Singh reached the spot i.e. C3/178, 2nd Floor, Sultan Puri, Delhi. After some time the SHO and Inspector Sharat Kohli along with staff also reached the spot where they found two dead bodies one of a lady and one of a child aged seven years lying in the room. One boy namely Deepak @ Raj Kumar was also present in the said room and on inquiry the police came to know that the name of the deceased lady was Lata and the name of child as Divyanshu. Deepak informed the police that the deceased Lata was his Bua/ Aunty and deceased Divyanshu was his cousin brother, who was physically and mentally challenged. The scene of crime was got inspected and photographed from the Crime Team. The Investigating Officer inspected the room and found one red colour diary (bahi khata) lying besides the bed which diary was opened and checked and Deepak @ Raj Kumar identified the handwriting and signatures to be of the accused Mukesh who was his fufa. In the said diary Mukesh Kumar Chauhan had confessed to the killing of his wife and son and further that he was going to commit suicide on this count. Thereafter on the basis of statement of Deepak @ Raj Kumar the present case was registered. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 2 (3) At around 1:30 PM a local resident namely Pritam met the Investigating Officer who informed him that he had a talk with accused Mukesh who told him that he was going to commit suicide at Railway Station, Nangloi. Thereafter the police team along with Pritam and Deepak @ Raj Kumar rushed towards the Nangloi Railway Station for in search of accused Mukesh but the accused was not found there. In the meantime the Investigating Officer received an information from the family members of Mukesh that he was present at Mundka Railway Station on which they went towards Mundka Railway Station but the accused was not found present and hence they started searching for him on the railway tracks. When the police team along with public persons proceeded upto One km towards West side of Mundka Railway Station i.e towards Bahadur Garh side, they found they found the accused Mukesh sitting on the railway track on the left side. The accused was then apprehended and arrested in this case and his disclosure statement was recorded. Pursuant to his disclosure statement the accused lead the police to Prem Nagar II and got recovered his motorcycle no. DL11SA9522 from near the Chat Mandir by which he fled away from his house after the incident which motorcycle was recovered from in front of H No. B357, Prem Nagar II, Kirari Suleman Nagar, Delhi and was taken into possession. Further, pursuant to his disclosure statement the accused got recovered one pillow and one gamcha which he used in committing murder of his wife and his son, from under diwan/ bed which gamcha and St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 3 pillow were taken into possession. The accused Mukesh also got recovered one electric iron and its wire which according to Mukesh, he had used in committing murder of his wife and his son, which iron and its wire were then taken into possession. Thereafter one day Police Custody Remand of the accused was obtained for recovering of his mobile phone by which he made a PCR call after the incident but the said mobile phone could not be traced, however, the accused Mukesh got recovered the box of the said mobile phone. With the permission of the Ld. MM the thumb impressions, specimen handwriting and signature of accused Mukesh were obtained. On 23.07.2014 the statement of the accused was recorded by the Ld. MM under Section 164 Cr.P.C. wherein he made a confession of having killing his mentally and physically challenged son and wife and of attempting to commit suicide thereafter. During investigations the CD of the PCR Call made by the accused was obtained and the voice samples of the accused Mukesh were also obtained. After completion of investigations charge sheet was filed in the Court.
CHARGE:
(4) Two separate charges under Section 302 Indian Penal Code i.e. one for killing the deceased Lata and one for killing Divyanshu were settled against the accused Mukesh to which he pleaded not guilty and claimed trial.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 4 (5) Before coming to the testimonies of individual witnesses, the details of the witnesses examined by the prosecution and the documents proved by them are hereby put in a tabulated form as under:
List of Prosecution Witnesses:
Sr. PW Name of the Details of the witness
No. No. Witness
1. PW1 Insp. Mahesh Police Witness Draftsman
2. PW2 ASI Ram Kumar Police Witness - Crime Team Incharge
3. PW3 HC Vinod Police Witness - MHCM
4. PW4 HC Vijay Pal Police Witness who has proved having taken the
accused to FSL where the sample voice of the
accused was taken
5. PW5 W/HC Saroj Police Witness - Duty Officer
6. PW6 Ct. Ram Kishore Police Witness who has proved having taken the
accused to FSL where the sample voice of the
accused was taken
7. PW7 Ct. Harjinder Police Witness who has proved having taken the
Singh specimen thumb impression of the accused to the
Finger Print Bureau
8. PW8 Ct. Umesh Police Witness who has proved having deposited
the exhibits with the FSL
9. PW9 Ct. Sanjeev Kumar Police Witness who has proved having deposited
the exhibits with the FSL
10. PW10 Ct. Ravinder Police Witness who has proved having obtained
the thumb impressions of the accused
11. PW11 W/Ct. Sharda Police Witness CPCR
12. PW12 Ct. Mohit Police Witness - Special Messenger
13. PW13 Ct. Kamal Police Witness - Crime Team Photographer
14. PW14 Ct. Umesh Police Witness who has proved having deposited
the exhibits with the FSL
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 5
Sr. PW Name of the Details of the witness
No. No. Witness
15. PW15 Deepak @ Raj Public Witness - Nephew of the deceased Lata
Kumar and accused Mukesh
16. PW16 Sh. Sudhir Bhalla Official Witness - Finger Print Expert
17. PW17 Dr. Manoj Dhingra Autopsy Surgeon who has proved the postmortem
reports of the child Divyanshu and Smt. Lata
18. PW18 Mahender Public Witness - Brother of the deceased Lata
19. PW19 Govind Ram Public Witness - Brother of the accused Mukesh
20. PW20 Shyam Lal Public Witness - Brother of the accused Mukesh
21. PW21 Pritam Police Witness - Friend/ Relative of the accused
Mukesh
22. PW22 Dr. C.P. Singh FSL Expert who has proved having examined the
speech samples and PCR Call made by the
accused
23. PW23 SI Deepak Purohit Police Witness - Initial Investigating Officer
24. PW24 Dr. Vivek Rawat Autopsy Surgeon who along with Dr. Manoj
Dhingra had conducted postmortem on the body of child Divyanshu and Smt. Lata and had also given the subsequent opinion on the wire of the electric iron (ligature material).
25. PW25 Insp. Sarat Kohli Police Witness - Investigating Officer
26. PW26 Sh. S.C. Gupta Official Witness - Government Examiner of Questioner Documents
27. PW27 Sh. Chander Nodal Officer from Bharti Airtel Ltd.
Shekhar List of Documents Exhibited:
Sr. Exhibit No. Name of documents Proved By
No.
1. PW1/1 Affidavit of evidence of witness Insp. Insp. Mahesh Kumar
Mahesh Kumar
2. PW1/A Scaled site plan
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 6
Sr. Exhibit No. Name of documents Proved By
No.
3. PW2/1 Affidavit of evidence of witness ASI ASI Ram Kumar
Ram Kumar
4. PW2/A Crime Team Report
5. PW3/1 Affidavit of evidence of witness HC HC Vinod
Vinod
6. PW3/A Copy of Reg. No. 19 Sr. No. 7136/14
7. PW3/B Copy of Reg. No. 19 Sr. No. 7137/14
8. PW3/C Copy of Reg. No. 19 Sr. No. 7141/14
9. PW3/D Copy of Reg. No. 19 Sr. No. 7153/14
10. PW3/E Copy of Reg. No. 19 Sr. No. 7155/14
11. PW3/F RC No. 209/21/14
12. PW3/G FSL Receipt
13. PW3/H RC No. 228/21/14
14. PW3/I FSL Receipt
15. PW3/J RC No. 236/21/14
16. PW3/K RC 253/21/14
17. PW3/L FSL Receipt
18. PW4/1 Affidavit of evidence of witness HC HC Vijay Pal
Vijay Pal
19. PW4/A Seizure memo of Two Audio Cassettes
20. PW5/1 Affidavit of evidence of witness W/HC W HC Saroj
Saroj
21. PW5/A DD No 13A
22. PW5/B DD No. 22A
23. PW5/C DD No. 23A
24. PW5/D FIR
25. PW5/E Endorsement on Rukka
26. PW6/1 Affidavit of evidence of witness Ct Ram Ct. Ram Kishore
Kishore
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 7
Sr. Exhibit No. Name of documents Proved By
No.
27. PW7/1 Affidavit of evidence of witness Ct. Ct. Harjinder Singh
Harjinder Singh
28. PW7/A Seizure memo of CD containing PCR
call
29. PW8/1 Affidavit of evidence of witness Ct. Ct. Umesh
Umesh
30. PW9/1 Affidavit of evidence of Witness Ct. Ct. Sanjeev Kumar
Sanjeev Kumar
31. PW10/1 Affidavit of evidence of witness Ct. Ct. Ravinder
Ravinder
32. PW11/1 Affidavit of evidence of witness W Ct. W/ Ct Sharda
Sharda
33. PW11/A PCR Form
34. PW12/1 Affidavit of evidence of Witness Ct. Ct. Mohit
Mohit
35. PW13/1 Affidavit of evidence of witness Ct. Ct. Kamal
Kamal
36. PW13/A1 to Photographs of Scene of Crime
A19
37. PW13/B Negatives of the photographs
38. PW14/1 Affidavit of witness Ct. Umesh Ct. Umesh
39. PW15/A Statement of Deepak @ Raj Kumar Deepak
40. PW15/B Seizure memo of articles
41. PW15/C Rough Site plan of scene of crime
42. PW15/D Seizure memo of iron and wire
43. PW15/E Arrest memo of accused
44. PW15/F Personal search memo
45. PW15/G Disclosure statement of accused
46. PW15/H Seizure memo of Motorcycle
47. PW15/J Pointing out memo
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 8
Sr. Exhibit No. Name of documents Proved By
No.
48. PW15/K Seizure memo of pillow and gamcha
49. PW16/A Finger Print Report Sudhir Bhalla
50. PW17/A Postmortem Report of deceased Lata Dr. Manoj Dhingra
51. PW17/B Postmortem Report of deceased child
Divyanshu
52. PW18/A Dead Body Identification statement of
Mahender
53. PW18/B Dead body handing over receipt
54. PW19/A & B Dead body of Divyanshu and Lata Govind
identification statement of Govind
55. PW19/C Dead body handed over Receipt
56. PW20/A Dead body of identification statement Shyam Lal
57. PW22/A FSL Report Dr. C P Singh
58. PW23/A Seizure memo of exhibits of Deceased SI Deepak Purohit
59. PW23/B Seizure memo of exhibits of Deceased
60. PW23/C Supplementary Disclosure Statement of
Accused
61. PW23/D Memo regarding non recovery of mobile
phone
62. PW23/E Cash Memo of mobile phone
63. PW23/F Seizure memo of cash memo and box of
mobile phone
64. PW 24/A Subsequent opinion Dr Vivek Rawat
65. PW25/A Rukka Inps. Sharat Kohli
EVIDENCE:
(6) In order to prove its case the prosecution has examined as many
as Twenty Seven witnesses as under:
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 9
Public Witnesses:
(7) PW15 Deepak @ Raj Kumar is the nephew of the
accused who has deposed that accused Mukesh is his Fufaji and he had been residing with accused Mukesh and his Bua Smt. Lata (i.e. deceased) since last three to four years prior to the date of incident at C3/178, S. Puri, Delhi. According to the witness, his parents are residing at his native village at Rajasthan and a quarrel between his Bua and Fufaji going on since three to four days prior to the incident. He has further deposed that on 16.7.2014 (wrongly mentioned in the complaint/ rukka as 16.4.2014), he got up in morning at about 8.00 AM and went to ease himself and at that time the room of his Fufaji was closed. According to the witness when he came from the toilet, he knocked the door of the room of his Fufaji but he did not open the same and he was asked to remain out of the room for some time. He has testified that the room was opened by accused Mukesh after 2025 minutes and thereafter also he asked him to remain outside and he gave him dolchi (vessel for bring milk) on which he (witness) went to fetch milk and accused again closed the door of the room. Witness has also deposed that when he came back after bringing milk from Mother Dairy and was going in the house, he saw accused getting down from the stairs in very disturbed condition. He has St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 10 testified that he told the accused that he had brought milk on which accused said that everything had finished, now who will drink the milk i.e. "ab sab kuch khatam ho gaya hai, kaun piega ab dudh". Witness has further deposed that he went on the second floor where kitchen was constructed and he kept the dolchi there and went towards the room of accused where the light of the room was switched off. According to him, thereafter, he went to take bath in the bathroom and when he came out of bathroom, Rakesh brother of accused came and told him that Mukesh had called him (Rakesh) and was saying that police is going to come to the house very soon (police ghar par jaldi aane wali hai). He has testified that within four to five minutes of this conversation, police reached there and went to the second floor towards the room of his Bua and Fufa where he saw that his Bua Smt. Lata and her son Divyanshu were lying on the floor. He called out to his bua and her son repeatedly but no reply was received. Witness has further deposed that police checked them and found them dead. According to the witness, the mouth of his Bua was tied with a gamcha. The witness has further stated that he could recollect the conduct of his Fufa Mukesh on 15.7.2014 at about 6.30 PM, when he asked him not to get scare if police comes home. He has testified that police inspected the scene of occurrence St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 11 and thereafter recorded his statement which is Ex. PW15/A. Witness has further deposed that police got the scene of occurrence photographed by the Crime Team and wire of press (iron) was found lying in room and the iron was also found lying separately. According to the witness one diary (bahi khata) was found lying in the room and he told the police that in the said diary his fufa ji used to write his day to day statement of expenses. Witness has further deposed that police showed him the handwriting of his Fufa ji in the said bahi khata which was identified by him and police got few pages of said bahi khata photostated. Witness has further deposed that one stamp pad, pen and diary were also lying there and police kept the bahikhata, diary, pen and stamp pad in an envelope and sealed the same with the seal of SK after which the Investigating Officer prepared seizure memo of these articles which is Ex.PW15/B on which he has signed at point A. Witness has further deposed that police got the case registered on the basis of his statement and police also prepared the site plan of the scene of incident at his instance which is Ex.PW15/C. According to the witness, the police also took into possession the iron and its wire lying at the scene of the occurrence after sealing the same in a plastic jar with a seal of SK, vide seizure memo Ex.PW15/D. Witness has further deposed that St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 12 dead bodies were shifted to the Mortuary of the SGM Hospital, Mangol Puri, Delhi by the police. According to him, police made local inquiry and on inquiry neighbour Pritam told the police that he had recently talked with accused Mukesh who told him that he was going to commit suicide at Nangloi Railway Station on which the police officials immediately took him and Pritam along with them and proceeded towards the Railway Station, Nangloi. (8) The witness has testified that at Nangloi Railway Station, accused Mukesh was not found present and police made efforts to search the accused nearby area and they kept on going by side of railway track and reached at Mundka Railway Station but there also accused was not found present and from Mundka Railway Station they went further towards Bahadurgarh side. According to him, they had gone upto One Km. towards West Side of Mundka Railway Station where they saw the accused Mukesh sitting towards left side near the Railway track. Witness has further deposed that he himself and Pritam pointed towards the accused who was apprehended by the police and they made inquiry from accused Mukesh. He has testified that thereafter the accused was arrested vide arrest memo Ex.PW15/E and his personal search was conducted vide memo Ex.PW15/F during which RC of motorcycle, D/L and key of St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 13 motorcycle were found and the accused made disclosure statement which is Ex.PW15/G. According to him, the accused got recovered his motorcycle make Hero Honda Super Splender from H No. B357, Prem NagarII, Kirari Suleman Nagar, Delhi which motorcycle was seized by the Investigating Officer vide seizure memo Ex.PW15/H. The witness has also deposed that police thereafter brought the accused to House No.C3/178, Sultan Puri, Delhi where accused pointed out the place of incident vide pointing out memo Ex.PW15/J. He has proved that the police also took into possession the pillow and gamcha lying at the scene of occurrence after sealing the same with the pullanda with a seal of SK, vide seizure memo Ex.PW15/K. Witness has further deposed that the gamcha, pillow, iron and its wire were seized by the police at the instance of accused and thereafter, on completion of the proceedings at the spot, police took him and accused to the Police Station Sultan Puri where police recorded his statement.
(9) The witness has correctly identified the accused Mukesh in the Court and also identified the case property i.e. pen of black colour, stamp pad and red colour diary i.e bahi khata in which he identified the handwriting of accused Mukesh which Pen is Ex.P3, stamp pad is Ex.P4 and bahi Khata is Ex. P5; one pillow white and St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 14 black colour and a gamcha of white colour having red and green border which gamcha is Ex.P6 & the pillow is Ex.P7; the iron which is Ex.P8 and its wire which is Ex.P9; motorcycle which was got recovered by the accused from House No. B357, Prem NagarII, Kirari Suleman Nagar, Delhi which motorcycle is Ex.P10. (10) In his cross examination by the Ld. Defence counsel, witness has admitted that accused was residing very happily with his Bua and he had never seen them quarreling hotly with each other and has voluntarily explained that there were some differences on routine issues at times which were never serious. Witness has admitted that the accused Mukesh used to love the deceased Divyanshu and that few days prior to the incident his Bua Smt. Lata had become irritable towards Divyanshu and has voluntarily explained that this was because Divyanshu was suffering from physical and mental disorder and used to frequently soil his clothes hence his Bua Smt. Lata became irritable as she was not able to manage his affairs as he was growing up and was 08 years old and did not even develop proper toilet habits, while she was around 08 months pregnant at that time and was finding it difficult to manage him. He has testified that the accused and his family were residing at the second floor and he used to have his food and share the second floor St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 15 with the accused and his family but he used to sleep on the terrace. According to the witness, the accused are four brothers and they all are residing in the same house on different floors. He has also deposed that he was called by his Fufa ji in Delhi to work some where in Delhi and he did not hear any type of sound like cries, quarrel, noise etc. from the room of his Bua in the night as well as in the morning. He has admitted that he did not hear or see anything suspicious during the night. The witness has also admitted that the accused did not call him on his mobile phone after leaving home on 16.7.2014. He is not aware if the police had recorded the statement of Rakesh, younger brother of accused. He has denied the suggestion that Rakesh never told him anything about any phone call received by him from the accused.
(11) The witness has further admitted that house no. C1/178, is situated in a thickly populated area. According to him, when on 15.7.2014, accused told him about the arrival of police and not to feel scared, at that time his Bua was also sitting in the room but neither he nor his Bua took it seriously and they took it lightly that is why he did not disclose this fact. He has denied the suggestion that accused never said such words to him on 15.7.2014 and due to this reason he did not disclose this fact to anybody. He has further testified that for the first time, it was around 8.308.45 AM, when the police came to St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 16 the spot that he came to know that something was wrong. According to the witness the door of the room was first opened by Mukesh partly at around 8.158.20 AM and that time he did not notice anything unusual and has voluntarily explained that on that day, when he went to take the dolchi/ vessel for fetching milk, Mukesh handed over the same to him on the door itself and asked him to wait outside the room. The witness has further deposed that police reached the spot between 8.30 or 9.00 AM in twothree Govt. vehicles. He has admitted that the accused Mukesh was cooperative during the investigations and did not try to resist or run away. He has also admitted that the accused Mukesh had gone to the Railway line to commit suicide and was sitting near the track and has voluntarily explained that he was saying "main suicide karne ke liye aya hu aur main nahi rehna chahta". He has denied the suggestion that no disclosure statement was made by accused or that he was only asked to sign some blank papers which was later on converted into various memos by the police. Witness has further denied the suggestion that he had also signed some blank papers or that nothing was recovered at the instance of accused or that the case property was planted upon the accused by the police just to strengthen the case. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 17 (12) PW18 Sh. Mahender is the brother of the deceased Lata and brother in law (sala) of the accused who has proved that on 17.7.2014 he went to SGM Hospital and identified the dead body of his sister Lata vide memo Ex.PW18/A and after the postmortem he received the dead body vide receipt Ex.PW18/B. (13) In his cross examination by the Ld. Defence counsel, witness has deposed that he had never heard of any dispute between his sister Lata and the accused Mukesh. Witness has admitted that his nephew Divyanshu aged 8 years was physically and mentally handicapped and has voluntarily explained that he was getting better. He has further deposed that he is residing at Rajasthan and therefore he is not aware if his sister Lata had lately become irritable on account of the fact that Divyanshu had not developed proper toilet habits and she was unable to copeup with his affairs. He has admitted that his brother in law i.e. the accused Mukesh used to love the child Divyanshu and his sister and has voluntarily explained that he is aware of this fact that for two years Mukesh did not wear any chappals on his feet for fulfillment of his wish to God for curing Divyanshu.
(14) PW19 Sh. Govind Ram is the brother of the accused Mukesh who has deposed that on 17.7.2014 he went to SGM Hospital St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 18 and identified the dead body of Divyanshu and Lata vide memos Ex.PW19/A and Ex.PW19/B. According to the witness after the postmortem he received the dead body of Lata vide memo Ex.PW8/B and he also received the dead body of Divyanshu vide memo Ex.PW19/C. (15) In his cross examination by Ld. Defence counsel, witness has deposed that he is the real brother of Mukesh and was residing on the first floor of the house where Mukesh was residing. According to the witness he had never seen his brother Mukesh having any dispute with his wife Lata and the child Divyanshu and he was deeply in love with both of them. Witness has further deposed that on the intervening night of 15/16.07.2014, he did not see anything unusual on the house of Mukesh and he did not hear any cries of the child during the night. He has also deposed that for the first time he came to know about the incident was when the police reached the spot and Mukesh himself had informed the police. According to the witness when the police reached the spot, Mukesh had left the house and they had got him back from the railway lines and they had received a call from some police official that Mukesh was sitting on the railway lines to commit suicide. He has testified that in his presence Mukesh did not say anything to the police nor the accused St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 19 Mukesh told the police that he had killed his wife because she had killed the child.
(16) PW20 Sh. Shyam Lal is also the brother of the accused Mukesh who has deposed that on 17.7.2014 he went to SGM Hospital and identified the dead body of Divyanshu vide Ex.PW20/A and after the postmortem he received the dead body of Divyanshu vide memo Ex.PW19/C. (17) In his cross examination by Ld. Defence Counsel, witness has deposed that he is the real brother of Mukesh and he was residing on the ground floor of the house where Mukesh was residing. According to the witness, he had never seen his brother Mukesh having any disputes with his wife Lata and the child Divyanshu and he was deeply in love with both of them. Witness has further deposed that on the intervening night of 15/16.07.2014, he did not see anything unusual on the house of Mukesh and he did not hear any cries of the child during the night. According to the witness for the first time he came to know about the incident when the police reached the spot and Mukesh himself had informed the police and when the police reached the spot, Mukesh had left the house and they had got him back from the railway lines and has voluntarily added that Mukesh had made a call at home and informed that he had gone St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 20 to commit suicide and he became absolutely perplexed at that time. According to the witness in his presence Mukesh did not say anything to the police and has voluntarily added that once he had gone to meet him while he was in police custody and he was crying and was in depression. According to the witness he did not tell the police in his presence that he had killed his wife because she had killed the child.
(18) PW21 Pritam is a friend/ relative of accused Mukesh who has deposed that on 16.7.2014, he came to know about the incident in the house of accused Mukesh and on hearing this he went to his house where he found that police officials and many public persons gathered there but accused Mukesh was not present at his house. Witness has further deposed that the other family members of accused Mukesh and neighbours were trying to contact him on his mobile phone but he did not respond and after some time accused Mukesh received phone call of one of his neighbour and had talked to him on the phone. He has also deposed that accused told him that he had killed his wife and son and was at Nangloi Railway Station to commit suicide on which he along with Deepak @ Raj Kumar nephew of deceased Lata and the entire team of Inspector Sharad Kohli immediately rushed towards Nangloi Railway Station but the accused was not found present there. According to the witness the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 21 location of the mobile phone of accused was traced by the police and it was showing the location near/ around Mundka Railway Station on which they went to Mundka Railway Station and after going about One Km. towards the Western Side of the Railway Station they saw the accused Mukesh sitting near the railway track on which he himself and Deepak had pointed towards the accused. He has testified that the accused was apprehended by the police after which he was arrested vide arrest memo Ex.PW15/E, his personal search memo was conducted vide Ex.PW15/F and disclosure statement of accused was recorded vide memo Ex.PW15/G, however he had not signed the same. According to the witness in the personal search of accused Mukesh, his D/L, RC and Key of motorcycle were recovered and his statement was recorded by the Investigating Officer after which he was discharged.
(19) In his cross examination by Ld. Defence counsel, witness has deposed that they reached at Mundka Railway Station at about 3.00 pm and his statement was recorded near Mundka Railway Track. According to the witness, the accused was found sitting near the railway track and all the memos were prepared by Investigating Officer/ Inspector Sharat Kohli. He has testified that he remained at the place of arrest of the accused for about 15 minutes. He has St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 22 denied the suggestion that no disclosure statement was made by the accused in his presence or that the accused was never arrested in the manner deposed by him. Witness has denied the suggestion that his signatures as well as the signatures of Deepak @ Raj Kumar and the accused were obtained in the blank paper which were later on converted into various memos. He has further denied the suggestion that he had never talked with the accused on the mobile phone neighbour of accused as has stated by him in his examination in chief. Witnesses of Medical Record:
(20) PW17 Dr. Manoj Dhingra and Dr. Vivek Rawat (PW24) are the Autopsy Surgeons who have deposed that on 17.07.2014 they conducted postmortem on the body of Lata W/o Mukesh Kumar, aged 28 years old, female on the request of Inspector Sharat Kohli from Police Station Sultanpuri with alleged history of found dead at home on 16.07.2014. They have proved that on external examination they found a Bruise 5 cm wide, bluish colored seen lying almost horizontally over front and both sides of neck at the level of just below Adam's apple; 4.5 cm below each mastoid process, gets fainted over nape of neck. Both margins showed multiple petechial hemorraheges, Cut sections shows St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 23 extravasation of blood to underlying deep muscles of neck on its posterolateral aspect at laryngeal level. Hyoid bone was intact.
Extravasation of blood seen to tissues around both superior cornu of thyroid cartilage and both ends of cricoid cartilage. No fractures were seen to any bone or cartilage.
(21) They have proved that on internal examination of Neck Structures Generalised Extravasation of blood seen to muscles of neck as mentioned under injury No. 1, Hyoid bone, thyroid and cricoid cartilage were intact, their mucosa was congested. On examination of Chest the right/left lungs were severely congested and edematous, Multiple petechial hemorrhages were seen over both lung surface at subpleural lobar fissure locations. Pelvic cavity: NAD; No fractures were seen in b; Mucosa was congested. Uterus, Ovaries, Fallopian Tubes: Full term uterus seen filling most of the abdomen, cut section showed full term female fetus inside uterine cavity with CRL=41 cm and HC=31 cm, not macerated, Hydrostatic test was positive. Head: Extravasation of blood seen to left parieto occipital scalp area and along the whole sagittal suture area. No fractures were seen in the Skull. Brain was Congested and edematous, Subdural and Subarachnoid hemorrhage seen to left mid parietal lobe. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 24 (22) They have proved that time since death was within 6 to 12 hours prior to preservation in SGMH mortuary and the death was caused due to Asphyxia as result of ligature strangulation under injury No.1 which was fresh and antemortem at the time of death and was sufficient to cause death in ordinary course of nature and all injuries were ante mortem and were caused by blunt force impact. They have also proved that they sealed the viscera with the departmental seal and same was handed over to the Investigating Officer along with sample seal. They have proved their detailed Postmortem Report in this regard which is Ex.PW17/A (running into four pages).
(23) Both the witnesses have further deposed that on the same day they conducted the postmortem on the body of deceased Deevanshu S/o Mukesh Kumar, aged six years, on the request of Inspector Sharat Kohli, Police Station Sultanpuri with alleged history of found dead at home on 16.07.2014. They have proved the External Injuries as under:
Injury No.1: Pressure abrasion 2cm wide, reddish colored seen lying almost horizontally over right side and front of neck at the level of just below Adam's apple; 3cm below right mastoid process. Both margins showed multiple St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 25 petechial hemorrhages. Cut section shows extravasation of blood to underlying deep muscles of neck on its posterolateral aspect at laryngeal level. Hyoid bone was intact. Extravasation of blood seen to tissues around both superior cornu of thyroid cartilage and both ends of criocid cartilage. No fractures seen to any bone or cartilage.
(24) According to the witnesses, on Internal examination of Neck Structures: Generalised extravastion of blood seen to muscles of neck as mentioned under injury No. 1. Hyoid bone, thyroid and cricoid cartilage were intact, their mucosa was congested. They have proved having opined that the time since death was within six to twelve hours to preservation in SGMH mortuary and cause of death was due to Asphyxia as a result of ligature strangulation under injury No. 1 which was fresh and antemortem at the time of death and was sufficient to cause death in ordinary course of nature. They have also proved their detailed Postmortem Report in this regard which is Ex.PW17/B (running into four pages). (25) In addition to the above, Dr. Vivek Rawat (PW24) has deposed that on 12.08.2014 he received an application from Inspector Sharad Kohli Police Station Sultanpuri with two sealed packets duly St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 26 sealed with the seal of SK which found to contain a cream green cotton piece (towel), one pillow, one iron with separated lead.
According to the witness after examining these items and PM report No. 669/14 it was opined that the said ligature mark is possible by given press wire or the similar wire and the possibility of smothering cannot be ruled out. Witness has further deposed that all the items were resealed with the seal of MORTUARY SGMH MANGOLPURI NEW DELHI and handed over to Inspector Sharad Kohli, Police Station Sultanpuri. He has proved his detailed subsequent report in this regard which is Ex.PW24/A which opinion has been given by him on the application filed by the Investigating Officer itself.
(26) He has correctly identified the case property i.e. green flowery saree, green flowery blouse, white brassiere, creamy green peticoat as the same as belonging to deceased Lata and sealed by him which green flowery sarree is Ex.P12a, green flowery blouse is Ex.P12b, white brassiere is Ex.P12c and creamy green peticoat is Ex.P12d. He has also identified blue half length jeans, white inner as the same as belonging to deceased Divyanshu and sealed by him which Blue half length jeans is Ex.P13a and white inner is Ex.P13b. The witness has also identified one pillow, one gamcha of St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 27 cream green color as the same as the one examined by him by the Investigating Officer on which he has given the opinion regarding the cause of death which gamcha is Ex.P6 and the pillow is Ex.P7. He has further identified one iron used for pressing clothes and its wire duly separated as the material produced before him by the Investigating Officer and on which he had given his opinion which iron is Ex.P8 and the separated wire is Ex.P9. (27) In his cross examination by the Ld. Defence counsel, Dr. Manoj Dhingra (PW17) has deposed that the child Divyanshu had also died on account of manual strangulation and the size of the pressure abrasions on the neck of the child Divyanshu is different from the size of the pressure abrasions on the neck of lady Lata and has voluntarily explained that the size of the pressure abrasions on the neck of Divyanshu is 2 cm wide and the size of the pressure abrasion on the neck of Lata is 5cm wide. Witness has admitted that the person who had strangulated the child Divyanshu is different to the person who had strangulated Lata. He has also deposed that in his opinion a ligature material was used to strangulate Lata and the child was strangulated manually but it is not a definite opinion in so far as the child is concerned. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 28 Witness has further deposed that the photograph Ex.PW13/A6 shows that there are three abrasions marks on the neck of the child and has voluntarily explained that one pressure abrasion mark in the middle is very prominent and the others are light. (28) In his cross examination by Ld. Defence counsel, Dr. Vivek Rawat (PW24) has admitted that the size of the pressure abrasions points present on the neck of the child Divyanshu was different to the size of the pressure abrasions points present on the lady Lata and has voluntarily explained that on the neck of the child it was pressure abrasion whereas on the neck of the lady was bruise. According to the witness in his opinion both the child Divyanshu and Lata had expired due to mechanical strangulation and not manual strangulation by hand and has voluntarily explained that in case of the child it was by the wire and in case of the lady perhaps some cloth was used under the ligature material. Witness has further deposed that it is possible that both strangulations could be caused by different persons and not by the same person. He has admitted that the photograph Ex.PW13/A6 show that there are three pressure abrasions marks on the neck of the child and has voluntarily added that in his view in case of strangulation by the wire Ex.P17 it will not be like this but in case if the ligature material is a cloth/ gamcha St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 29 then different ligature marks can be possible. (29) A specific Court Question was put to the witness as to whether these three ligature marks present on the neck of the child can be possible by hand to which the witness has denied and stated that it is not possible keeping in view the underlying injuries. (30) The witness has further stated that there was frothing in case of lady and bruising of lips in case of the child and also of the lady Lata and hence smothering also cannot be ruled out. He has denied the suggestion that he has given the opinion in a routine manner without application of mind on the asking of the Investigating Officer.
FSL Experts:
(31) PW16 Sh. Sudhir Bhalla is the Finger Print Expert from Finger Print Bureau has deposed that on 22.07.2014 he received a pullanda duly sealed with the seal of SK containing a red color dairy (bahi khatta), a stamp pad and a black color pen and he also received specimen thumb impressions of the accused Mukesh marked as T1 and T2. The witness has also deposed that he also received request letter of Investigating Officer regarding to compare the thumb impressions present at page No. 39 to 42 of red color dairy with the specimen thumb impressions. According to the witness, he received St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 30 another letter from the Investigating Officer on 31.07.2014 accompanied with the fresh thumb impressions of accused Mukesh for comparison and he then proceeded to mark the questioned thumb impressions which were present on the red colored dairy which were marked as Q1 and Q2 on page No. 39, Q3 and Q4 on page No. 40, Q5 and Q6 on page No. 41 and Q7 on page No. 42 with the help of pencil. According to him, when he compared the thumb impressions marked Q 1 to Q7 with the specimen thumb impressions he found that Q2 and Q6 were identical with the right thumb impressions of the accused Mukesh and the rest of the questioned thumb impressions were blurred which were unfit for comparison. He has proved having prepared the detailed report which is Ex.PW16/A. Witness has further deposed that the report along with the red color dairy and stamp pad and a black color pen were resealed with the seal of FPB.
(32) The witness has correctly identified the case property i.e. one stamp pad, one black color pen and one red color dairy (bahi khata) which red color dairy (bahi khata) is Ex.P5 and the witness has specifically identified page No. 39 to 42 on which the questioned thumb impressions are present duly marked as Q1 to Q7 with a black pencil which points are Ex.P5a to Ex.P5g. He has also identified St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 31 the sample thumb impressions of the accused running into six pages which are collectively Ex.P6a to Ex.P6f.
(33) In his cross examination by Ld. Defence counsel, witness has deposed that he has used a high powered lens for comparison purposes. He has denied the suggestion that he has not used standard practices and procedures or that he had given the report on the asking of the Investigating Officer.
(34) PW22 Dr. C.P. Singh Assistant Director (Physics), FSL, Delhi has deposed that on 06.08.2014 two sealed parcels were received in the office of FSL, Rohini, Delhi which seals on the parcels were intact and tallied with specimen seal impressions provided with the forwarding letter. According to the witness, on opening the first parcel it was found sealed with the seal impressions of SK at three places, one CD of Moserbear which CD was having one audio file. He has testified that the speaker starts with ".....mein Mukesh bol raha hun..." in the audio file was marked as Ex.Q1 in the laboratory. The witness has also deposed that on opening the second parcel which was found sealed with the seal of SK at seven places, one audio cassette of Maxell make was found which audio cassette was recorded with the specimen speech sample and the speaker (Sh.
Mukesh Kamar Chauhan) of specimen sample in the said audio St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 32 cassette was marked as Ex.S1 in the laboratory. He has further deposed that the auditory analysis of recorded speech samples of speakers marked "ExhibitQ1" and "ExhibitS1" and subsequent acoustic analysis of speech samples by using CSL (computerized speech lab) revealed that the voice exhibits of speaker marked "ExhibitQ1" are similar to the voice exhibits of speaker marked "ExhibitS1" in respect of their acousit cues and other linguistic and phonetic features. He has testified that the voice exhibit of speaker marked "ExhibitQ1" and "ExhibitS1" are the voice of the same person (i.e. Sh. Mukesh Kumar Chauhan). Witness has further deposed that after examination the case exhibits were resealed with the seal of Dr. C.P.Singh FSLDELHI. He has proved his detailed report in this regard which is Ex.PW22/A. (35) He has correctly identified the case property i.e. one cassette with the details of the case/ FSL i.e. FSL2014/P5730/Phy.271/14 "ExhibitSV1" mentioned on the same as the same as examined by him which cassette is Ex.P2 and one CD of Moserbaer having details of FSL i.e. FSL2014/P5730/Phy271/14 Exhibit - 1 as the same as examined by him and he has also identified his signatures on the CD which CD is Ex.P11.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 33 (36) In his cross examination by Ld. Defence counsel, witness has denied the suggestion that he has not used standard practices and procedures or that he had given the report at the instance of the Investigating Officer.
(37) PW26 Sh. S.C. Gupta Government Examiner of Questioned Documents has deposed that on 06.11.2014, he was posted as Director, Document Division, NCR, Delhi in Truth Labs situated at A1/132, Safdarjang Enclave, New Delhi and on that day, he received some questioned documents pertaining to this present case on 30.10.2014 for examination purpose. According to the witness, the questioned documents were the account note book of red colour cover containing the writings on page no. 38 to 42 which had been marked Red enclosed and marked as Q1 to Q5 as well as Q1(P) to Q5(P) on their respective photostat copies and the specimen writings of Sh. Mukesh Kr. Chauhan dated 17.07.2014 containing 16 sheets which were marked as S1 to S16 were also received by him for examination. Witness has further deposed that after thoroughly and carefully examining the documents and after comparing the questioned writing with specimen writings, he arrived at a conclusion that the person who wrote the writings mark S1 to S16 also wrote the writings mark Q1 to Q5. Witness has further deposed that the above opinion St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 34 has been based on the significant similarity found among questioned and standard writings and his opinion alongwith his detailed report in four sheets is already placed in judicial file which is duly signed by him on each page with forwarding letters. He has proved the forwarding letter dated 26.11.2014 which is Ex.PW26/A and his detailed report which is Ex.PW26/B. This witness was not cross examined by Ld. Defence counsel, despite being granted an opportunity in this regard.
Nodal Officer:
(38) PW27 Sh. Chander Shekhar Nodal Officer from Bharti Airtel Ltd. has proved that mobile No. 8130708707 has been issued in the name of Mukesh S/o Sh. Puna Ram, R/o 178, Block C3, Sultanpuri, New Delhi, vide Customer Application Form (CAF) copy of which is Ex.PW27/A, copy of Voter ID Card in support of residence proof is Ex.PW27/B. He has also proved the call detail records from the period 01.07.2014 to 16.07.2014 which are Ex.PW27/C (running into four pages).
(39) Witness has also proved that mobile No. 9910826518 has been issued in the name of Mukesh S/o Sh. Puna Ram, R/o 178, Block C3, Sultanpuri, New Delhi, vide Customer Application Form St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 35 (CAF) copy of which is Ex.PW27/D and copy of Voter Card and Driving Licence in support of residence proof which are Ex.PW27/E1 and Ex.PW27/E2. He has also proved the call detail records from the period 01.07.2014 to 16.07.2014 which are Ex.PW27/F (running into 14 pages); the Cell ID chart which is Ex.PW27/G (running into three pages) and Certificate U/s 65 B of Indian Evidence Act in respect of both the numbers which is Ex.PW27/H. (40) In his cross examination by Ld. Defence counsel, witness has deposed that their main server is situated at Noida and he had retrieved the call details from his official computer alloted to him from which he has a direct access from the main server. Witness has denied the suggestion that there is no system of regular power backup in their office resulting into a data loss or that the certificate U/s 65B of Evidence Act has been given by him in a routine manner. He has also denied the suggestion that the above calls details have been fabricated on the directions at the instance of Investigating Officer.
Police/ Official Witnesses:
(41) PW1 Inspector Mahesh Kumar is a formal witness being the draftsman who has been examined by way of affidavit St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 36 which is Ex.PW1/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having visited the spot of incident and having prepared the scaled site plan which is Ex.PW1/A. He has been crossexamined by the Ld. Defence Counsel but the witness has stood by his version.
(42) PW2 ASI Ram Kumar is a formal witness being the Crime Team Incharge who has been examined by way of affidavit which is Ex.PW2/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having visited the spot of incident and inspected the same after which he prepared the Crime Team Report which is Ex.PW2/A. He has been crossexamined by the Ld. Defence Counsel but the witness has stood by his version. (43) PW3 HC Vinod is a formal witness being the MHCM who has been examined by way of affidavit by way of affidavit which is Ex.PW3/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved the entries in register No. 19 vide Mud No. 7136/14, copy of which is Ex.PW3/A (running into four pages); Mud No. 7137/14 copy of which is Ex.PW3/B (running into two pages); Mud No. 7141/14 copy of which is Ex.PW3/C; Mud No. 7153/14 copy of which is Ex.PW3/D; Mud No. 7155/14 copy of which is Ex.PW3/E;
entry in register no.21 vide RC No. 209/21/14 copy of which is St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 37 Ex.PW3/F; receipt issued by Finger Print Bureau copy of which is Ex.PW3/G; RC No.228/21/14 copy of which is Ex.PW3/H; receipt issued by FSL copy of which is Ex.PW3/I; RC No. 236/21/14 copy of which is Ex.PW3/J; RC No. 253/21/14 copy of which is Ex.PW3/K and receipt issued by FSL copy of which is Ex.PW3/L. He has been crossexamined by the Ld. Defence Counsel but nothing much has come out of the same and the witness stood by his ground. (44) PW4 HC Vijay Pal is a formal witness who has been examined by way of affidavit which is Ex.PW4/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that on 1.8.2014 he along with Ct. Ram Kishore and accused Mukesh went to FSL where the FSL staff recorded the voice of the accused Mukesh Chauhan in two audio cassettes which were marked by Inspector Sharat Kohli as SVI and SVII which were seized by the Investigating Officer vide memo Ex.PW4/A. He has correctly identified the accused Mukesh in the Court and also identified the case property i.e. one cassette with the details of the case/ FSL i.e. FSL2014/P5730/Phy.271/14 "ExhibitSV1" mentioned on the same which cassette is Ex.P1 and another cassette with the details Mukesh Kumar Chauhan SV2 mentioned on the same on which he had identified his signatures which cassette is Ex.P2. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 38 (45) In his cross examination by Ld. Defence counsel, witness has deposed that he reached the FSL Rohini at 10:00 AM. He is unable to tell the time when Mukesh Kumar Chauhan was produced in FSL by the staff of Rohini Lockup. He has also deposed that he had also accompanied the accused to the room where the voice of Mukesh Kumar was recorded. Witness has further deposed that only Ct. Ram Kishore and Inspector Sharad Kohli were with him and the staff of the lockup who had produced Mukesh Kumar was not present inside and has voluntarily added that they were present outside. According to the witness it took about half an hour to 45 minutes to record the voice sample of Mukesh Kumar. He has denied the suggestion that no voice sample was taken at the FSL. (46) PW5 WHC Saroj is a formal witness being the Duty Officer who has been examined by way of affidavit which is Ex.PW5/1 (as per the provisions of Section 296 Cr.P.C.) wherein she has proved having recorded DD No.13A copy of which Ex.PW5/A; DD No. 22A and DD No. 23A which are Ex.PW5/B and Ex.PW5/C; FIR No. 764/14 copy of which is Ex.PW5/D and endorsement on rukka which is Ex.PW5/E. She has been crossexamined by the Ld. Defence Counsel but the witness stood by her version. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 39 (47) PW6 Ct. Ram Kishore is also a formal witness who has been examined by way of affidavit which is Ex.PW6/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has corroborated the testimony of HC Vijaypal (PW4) in toto and proved the seizure memo of two audio cassettes containing voice samples of the accused which is Ex.PW4/A. (48) He has correctly identified the accused Mukesh in the Court and also identified the case property i.e. one cassette with the details of the case/ FSL i.e. FSL2014/P5730/Phy.271/14 "Exhibit SV1" mentioned on the same which cassette is Ex.P1 and another cassette with the details Mukesh Kumar Chauhan SV2 mentioned on the same on which he had identified his signatures which cassette is Ex.P2. He has been crossexamined by the Ld. Defence Counsel but the witness has stood by his version.
(49) PW7 Ct. Harjinder Singh is a formal witness who has been examined by way of affidavit which is Ex.PW7/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having taken the exhibits i.e. specimen thumb impressions of the accused from the MHCM and deposited the same with the Finger Print Bureau. He has proved the entry in register no.21 vide RC No. 209/21/14 copy of which is Ex.PW3/F and receipt issued by Finger St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 40 Print Bureau copy of which is Ex.PW3/G. He has also proved having brought the voice recording of the PCR call in the CD which he handed over to the Investigating Officer who seized the same vide memo Ex.PW7/A. He has been crossexamined by the Ld. Defence Counsel but the witness has stood by his version. (50) PW8 Ct. Umesh is a formal witness who has been examined by way of affidavit which is Ex.PW8/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having taken the exhibits from the MHCM and deposited the same with the FSL. He has proved the entry in register no.21 vide RC No. 228/21/14 copy of which is Ex.PW3/H and receipt issued by FSL copy of which is Ex.PW3/I. He has not been crossexamined by the Ld. Defence Counsel despite despite being granted an opportunity in this regard.
(51) PW9 Ct. Sanjeev Kumar is also a formal witness who has been examined by way of affidavit which is Ex.PW9/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having taken two sealed pullandas from the MHCM and handed over the same to the Doctor at Mortuary of Sanjay Gandhi Hospital. He has also proved that after giving the subsequent opinion the doctor handed over to him the sealed pullandas which he deposited with the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 41 MHCM. He has proved the entry in Register No.21 vide RC No. 236/21/14 copy of which is Ex.PW3/J. He has been crossexamined by the Ld. Defence Counsel but nothing much has come out of the same and the witness has stood by his version.
(52) PW10 Ct. Ravinder is a formal witness who has been examined by way of affidavit which is Ex.PW10/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved that on 31.7.2014 with the permission of the Ld. MM the thumb impression of the accused were obtained on four sheets. He has correctly identified the accused Mukesh in the Court. He has been cross examined by the Ld. Defence Counsel but the witness stood by his version.
(53) PW11 W/Ct. Sharda is a formal witness being the CPCR official who has been examined by way of affidavit which is Ex.PW11/1 (as per the provisions of Section 296 Cr.P.C.) wherein she has proved that on 16.7.2014 at 9:01 AM she received a call from mobile No. 8130708707 and the called said that he had killed his wife and child. She has proved the PCR Form which is Ex.PW11/A. (54) In her cross examination by Ld. Defence counsel, witness has deposed that she cannot confirm whether the caller had given his name or not. Witness has admitted that the PCR form does not St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 42 mention the name of the caller and has voluntarily explained that the name of the caller as Sharvan Kumar is mentioned on the basis of the Investigating Officer of the caller as reflected in the caller ID details in the computer. She has admitted that it is not necessary that the caller would be the same person whose name is reflected in the ID and has voluntarily explained that if the name is mentioned by the caller they reflect the same in the PCR form specifically. (55) PW12 Ct. Mohit is a formal witness being the Special Messenger who has been examined by way of affidavit which is Ex.PW12/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having delivered the copies of FIR No. 764/2014 to the Ld. MM, to Joint CP and the DCP Outer. This witness was not cross examined by Ld. Defence counsel, despite being granted an opportunity in this regard.
(56) PW13 Ct. Kamal is a formal witness being the Crime Team Photographer who has been examined by way of affidavit which is Ex.PW13/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having visited the spot of incident and taken the photographs of the same which photographs are Ex.PW13/A1 to Ex.PW13/A19 and negatives of the same which are collectively Ex.PW13/B (two negatives are wash out). He has been cross St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 43 examined by the Ld. Defence Counsel but the witness has stood by his version.
(57) PW14 Ct. Umesh is a formal witness who has been examined by way of affidavit which is Ex.PW14/1 (as per the provisions of Section 296 Cr.P.C.) wherein he has proved having taken the exhibits from the MCHM and deposited the same with the FSL. He has proved the entry in register no.21 vide RC No. 253/21/14 copy of which is Ex.PW3/K and receipt issued by FSL copy of which is Ex.PW3/L. This witness was not cross examined by the Ld. Defence counsel, despite being granted an opportunity in this regard.
(58) PW23 SI Deepak Purohit has deposed that on 16.7.2014, he was posted at Police Station Sultan Puri and on that day, he was performing his emergency duty along with Ct. Dhan Singh from 8.00 AM to 8.00 PM and on that day, at about 9.10 AM, DD no. 13 A which is Ex.PW5/A was entrusted to him for inquiry. According to the witness, pursuant to the same he along with Ct. Dhan Singh reached at the spot i.e C3/178, 2nd Floor, Sultan Puri, Delhi and in the meanwhile, SHO and Investigating Officer/ Insp. Sharat Kohli with staff also reached there and one Deepak @ Raj Kumar met at the spot who told the Investigating Officer that deceased Lata was his St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 44 Bua and deceased Divyanshu was his cousin brother, who was physically and mentally challenged. He has further deposed that both the dead bodies were covered with clothes lying in the room and there was a kitchen constructed adjacent to the room where both the dead bodies were found lying. According to him, Deepak @ Raj Kumar told him that his bua Lata and cousin Divyanshu were sleeping in the room and he repeatedly called the name of both the deceased but both the persons had no response and the cloth by which the bodies were covered were removed and Lata and Divyanshu were found dead. He has testified that deceased Lata was apparently looking pregnant. According to him, the Crime Team was summoned at the spot which inspected and took photographs of the scene of occurrence and Investigating Officer recorded statement of Deepak @ Raj Kumar. He has also deposed that thereafter the room was inspected by the Investigating Officer and one red colour diary (bahi khata) was found lying besides the bed which diary was opened and checked. He has further deposed that Deepak @ Raj Kumar identified the handwriting of accused Mukesh and it was found written in the diary that "Mukesh aap sabhi ko last namastey aur salaam karta hu. Mera parivar maine khatam kia hai. Maine apni biwi aur bache ko khatam kia aur mai ab aatam hatya karne ja raha hun. Mujhe aap teen St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 45 ghante him dhund loge meri body ko. Yeh kadam apne hosh hawas him utha raha hu, isme kisi ka bhi dabaw ya pressure nahi hai." Witness has further deposed that the accused Mukesh had signed under the above said noting and also put his thumb impression. According to him, one pen of black colour make reynolds and stamp pad of blue colour were also found lying near the diary/ bahi khata and the Investigating Officer got the pages of diary photocopied and thereafter put the diary, pen and stamp pad in an envelope and sealed with the seal of SK and thereafter seized vide seizure memo Ex.PW15/B. Witness has further deposed that thereafter the Investigating Officer prepared a rukka and handed over the same to Ct. Dhan Singh for getting the case registered and thereafter, site plan was prepared by the Investigating Officer at the instance of Deepak @ Raj Kumar and both the dead bodies were shifted to SGM Hospital through Ct. Chanderhaas. He has testified that an application to preserve the dead body was also handed over to Ct. Chanderhaas which was written by him which is Ex.PW23/X and in the meanwhile, Ct. Dhan Singh came back at the spot and handed over the copy of FIR and original rukka to Inspector Sharat Kohli. (59) Witness has further deposed that Pritam, one local resident of the area met the Investigating Officer and informed him St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 46 that he had a talk with the accused Mukesh who told him that he was going to commit suicide at Railway Station, Nangloi on which he along with Investigating Officer, Ct. Dhan Singh, Deepak @ Raj Kumar, Pritam and other staff rushed towards the Nangloi Railway Station for in search of accused Mukesh. Witness has further deposed that at Nangloi Railway Station accused was not found present and they went towards Mundka Railway Station but the accused was also not found there. According to the witness, while they were searching the accused and had proceeded upto one km towards West Side of Mundka Railway Station i.e towards Bahadur Garh side, Pritam and Deepak @ Raj Kumar pointed towards a person sitting near railway track as Mukesh and was apprehended by them and thereafter interrogated by the Investigating Officer. He has testified that the accused confessed to committing the murder of his wife and his small child after which the accused was arrested vide arrest memo Ex.PW15/E and his personal search was conducted vide memo Ex.PW15/F and from his personal search, one D/L, RC and key of the motorcycle no. DL11SA9522 were found. According to the witness, thereafter the disclosure statement of accused Ex.PW15/G was recorded by the Investigating Officer. Witness has further deposed that Investigating Officer recorded statement of St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 47 Pritam who was discharged thereafter.
(60) Witness has further deposed that pursuant to the disclosure statement accused got recovered his motorcycle no. DL11SA9522 by which he fled away from his house after the incident. According to the witness the motorcycle was recovered from in front of H No. B357, Prem Nagar II, Kirari Suleman Nagar, Delhi and the seizure memo of that motorcycle was prepared by the Investigating Officer which is Ex.PW15/H. He has also deposed that thereafter the accused took them to his house and pointed out the place of incident vide pointing out memo Ex. PW15/J. He has further deposed that again pursuant to his disclosure statement accused got recovered one pillow and one gamcha which he used in committing murder of his wife and his son, from under diwan/ bed which gamcha and pillow were kept in a pullanda and were sealed with seal of SK and thereafter was seized vide seizure memo Ex.PW15/K. Witness has further deposed that accused also got recovered one iron and its wire which he also used in committing murder of his wife and his son, from the side of TV after which the iron and its wire were kept in a transparent plastic jar and were sealed with seal of SK and thereafter was seized vide seizure memo Ex. PW15/D. He has testified that the accused was got medically St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 48 examined and thereafter he was brought back to the Police Station. According to him, Deepak @ Raj Kumar also came at the Police Station and the Investigating Officer recorded statement of witnesses and case property was deposited with the MHC(M). (61) The witness has proved that on 17.7.2014, he joined the investigation with the Investigating Officer and inquest proceedings were conducted in his presence at SGMH and after the postmortem of both the dead bodies the Autopsy Surgeon had produced the exhibits of deceased Lata and Divyanshu which were taken into possession of Investigating Officer vide memos Ex.PW23/A and PW23/B. Witness has further deposed that thereafter the accused was produced before the concerned court and his one day Police Custody Remand was obtained for recovering of his mobile phone by which he made a PCR call after the incident. According to the witness, the thumb impression, specimen handwriting and signature of the accused were obtained by the Investigating Officer before Ld. Link MM and accused was got medically examined. He has testified that on 18.7.2014, accused made his supplementary disclosure statement to the Investigating Officer in his presence which is Ex.PW23/C but the accused could not get his mobile phone recovered and a memo to that effect was prepared by the Investigating Officer which is St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 49 Ex.PW23/D. He has further deposed that the accused got recovered the box of the phone and bill/ cash memo of the mobile phone which cash memo is Ex.PW23/E. Witness has further deposed that the cardboard box of mobile phone which was having the IMEI mobile number was taken into possession and it was sealed in a pullanda with the seal of SK and thereafter the cash memo and box of the mobile phone were seized vide common seizure memo Ex.PW23/F. (62) The witness has correctly identified the accused Mukesh Chauhan in the Court and also identified the case property i.e. the Pen which is Ex. P3, stamp pad which is Ex. P4 and bahi Khata which is Ex.P5; one pillow white and black colour and a gamcha of white colour having red and green border as the said gamcha and pillow which was pointed out by the accused while in custody of police at the scene of occurrence, which gamcha is Ex.P6 and the pillow is Ex.P7. Witness has also correctly identified one electric iron and its wire as the said iron and its wire which was pointed out by the accused while in custody of police at the scene of occurrence which iron is Ex.P8 and its wire is Ex.P9. He has also identified the Hero Honda Super Splender motorcycle which is now Ex.P10 and one card board box bearing IMEI number of mobile phone of accused as the same box which was recovered at the instance of accused St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 50 which mobile phone box is Ex.P18.
(63) In his cross examination by Ld. Defence Counsel, witness has deposed that he reached at the spot at 09.15 AM and many public persons were found present in the gali outside the house however, in the house, only family members of accused were present. Witness has admitted that the house of the accused is situated in a thickly populated area. Witness has further deposed that half of the door of the room of the accused was opened but none had gone inside the room till his arrival there. According to the witness, the SHO and Inspector Sharat Kohli reached at the spot within five minutes of his reaching. He has testified that the members of Crime Team reached at the spot at about 09.45 AM and remained there till about 10.30 AM. He has also deposed that the statement of Deepak @ Raj Kumar was recorded while sitting outside the room on the second floor and rukka was sent at about 11.50 AM through Ct. Dhan Singh who came back at the spot after registration of FIR at about 01.15 PM. He has further deposed that he did not sign the pulanda of diary/bahikhata, pen and stamp pad and they remained at the spot till about 01.30 or 01.45 PM. According to him, they reached at railway station at about 02.15 PM and no persons from the public had gathered at the railway track at the time of apprehension of accused. He has stated that the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 51 documents of arrest of accused and disclosure statement are in his handwriting. He has also deposed that they remained there upto 05.00 PM and reached the house of accused at about 07.0007.30 PM. According to the witness except the complainant, no other public person was joined at the time of recovery of pillow, gamcha, wire and iron/ press. Witness has further deposed that the documents prepared on 16.07.2014 during investigation are in his handwriting including the statement of complainant which is Ex.PW15/A and his statements were recorded at Police Station.
(64) According to him, on 18.07.2014, they went to the house of the accused for recovery of cash memo and box of mobile phone of accused at about 10.00 AM and no neighbour was joined in investigation at the time of recovery of cash memo and box of mobile phone and they reached the Police Station at about 11.0011.30 AM. Witness has denied the suggestion that no disclosure statement was made by the accused or that nothing was recovered at the instance of accused or that gamcha/pillow, iron and its wire were planted falsely upon the accused just to work out the case. Witness has also denied the suggestion that during local inquiry from the other family members and neighbours revealed that deceased Lata used to remain irritated due to the mental and physical condition of her son St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 52 Divyanshu.
(65) PW25 Inspector Sharat Kohli is the Investigating Officer of the present case who has deposed that on 16.7.2014, he was posted at Police Station Sultanpuri and on that day at about 9.10 AM, DD no. 13 A which is Ex.PW5/A was received in the Police Station and marked to SI Deepak for inquiry. According to the witness, after some time he along Ct. Karam Pal, Ct. Rinku and the SHO also reached the spot i.e C3/178, 2nd Floor, S. Puri, Delhi where they found SI Deepak and Ct. Dhan Singh already present there who informed him that two bodies i.e. one of a lady and one of a child aged seven years was lying in the room. The witness has testified that he went inside the room and carried out a cursory inspection of both the bodies. Witness has further deposed that one boy namely Deepak @ Raj Kumar was also present in the said room and large number of family members of the deceased whom they came to know were Lata and her son Divyanshu, were also present. He has testified that Deepak informed him that the deceased Lata was his bua/Aunty and deceased Divyanshu was his cousin brother, who was physically and mentally challenged. He has also deposed that there was a kitchen constructed just in front of the room at the entrance and the room where the bodies were lying was next to the kitchen. The witness has St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 53 further deposed that Deepak @ Raj Kumar told him that he used to bring milk for the family everyday and on that day in the morning at about 7:30 AM he knocked at the door when his fufa/ uncle Mukesh opened the door and he asked for the daul for bringing milk on which Mukesh handed him the daul on the door itself and told him that after some time the police would come. According to the witness, Deepak further informed them that when he returned with the milk, he found the door opened and saw both the bodies of Lata and Divyanshu lying on the floor with their faces covered and also informed that he repeatedly called out both the deceased by name but there was no response and when he removed the cloth, he found that they were dead on which he informed the other family members. Witness has further deposed that on getting this information from Deepak, he immediately informed the Crime Team who inspected the scene of crime and took photographs of the scene of crime. He has further deposed that he inspected the room and found that one red coloured diary (bahi khata) was found lying besides the bed which diary was opened and checked and Deepak @ Raj Kumar who was present in the same room identified the handwriting and signatures to be of the accused Mukesh who was his fufa. According to the witness it was found written in the diary that "Mukesh aap sabhi ko last namastey St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 54 aur salaam karta hu. Mera parivar maine khatam kia hai maine apni biwi aur bache ko khatam kia aur mai ab aatam hatya karne ja raha hun. Mujhe aap teen ghante him dhund loge meri body ko. Yeh kadam apne hosh hawas mai utha raha hu isme kisi ka bhi dabaw ya pressure nahi hai." Witness has further deposed that the accused Mukesh had signed under the above said noting and also put his thumb impression and one pen of black colour make reynolds and stamp pad of blue colour were also found lying near the diary/ bahi khata. He has testified that he got the pages of diary photocopied and thereafter put the diary, pen and stamp pad in an envelope and sealed with the seal of SK and thereafter seized vide seizure memo Ex.PW15/B. According to the witness he then recorded statement of Deepak @ Raj Kumar which statement is Ex.PW15/A and then made his endorsement on the same which is Ex.PW25/A and converted the same into a rukka and handed over the same to Ct. Dhan Singh for going to the Police Station and getting the case registered. Witness has further deposed that he then prepared the site plan at the instance of Deepak which is Ex.PW15/C and he then directed Ct. Chanderhaas to shift both the bodies to SGM Hospital. According to the witness at about 1:15 PM Ct. Dhan Singh returned to the spot and handed over the copy of FIR and original rukka to him. He has also St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 55 deposed that at around 1:30 PM one Pritam, a local resident of the area met him and informed that he had a talk with the accused Mukesh who told him that he was going to commit suicide at Railway Station, Nangloi on which he along with Pritam, Deepak, Ct. Dhan Singh, Deepak @ Raj Kumar and other staff rushed towards the Nangloi Railway Station for in search of accused Mukesh. According to the witness at Nangloi Railway Station accused was not found present and he received information from the family members of Mukesh that he was present at Mundka Railway Station. He has also deposed that thereafter they went towards Mundka Railway Station but the accused was not found present thereafter and hence they started searching for him on the railway tracks and when they proceeded upto one km towards Western side of Mundka Railway Station i.e towards Bahadur Garh side, they found one person sitting on the railway track on the left side and Pritam and Deepak @ Raj Kumar identified him as Mukesh. He has proved that the accused was apprehended by them and was interrogated by him during which he confessed about the killing of his family. According to the witness, the accused further informed that after committing the crime he took his motorcycle and came to Prem Nagar II where he left his motorcycle and then he walked on the railway tracks from Nangloi Railway station towards Mundka for committing suicide. Witness has St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 56 further deposed that the accused also informed that he had thrown his mobile phone on the railway track. According to him, the accused was then arrested vide memo Ex.PW15/E and his personal search was conducted vide memo Ex.PW15/F. He has testified that from his personal search, one D/L, RC and key of the motorcycle no. DL 11 SA 9522 were found and thereafter, disclosure statement of accused was recorded which is Ex.PW15/G and then he recorded the statement of public witness Pritam and relieved him from the spot. (66) Witness has further deposed that pursuant to his disclosure statement the accused took them to Prem Nagar II and got recovered his motorcycle no. DL11SA9522 from near the Chat Mandir by which he fled away from his house after the incident which motorcycle was recovered from in front of H No. B357, Prem Nagar II, Kirari Suleman Nagar, Delhi and the seizure memo of that motorcycle was prepared vide Ex.PW15/H. He has proved that thereafter the accused took them to his house and pointed out the place of incident vide pointing out memo Ex.PW15/J. According to him, pursuant to his disclosure statement the accused got recovered one pillow and one gamcha which he had used in committing murder of his wife and his son, from under diwan/ bed and the gamcha and pillow were kept in a pullanda and were sealed with seal of SK and St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 57 thereafter was seized vide seizure memo Ex.PW15/K. The witness has testified that the accused also got recovered one iron and its wire which he also used in committing murder of his wife and his son, from the side of TV which iron and its wire were kept in a transparent plastic jar and were sealed with seal of SK and thereafter was seized vide seizure memo Ex.PW15/D. According to the witness the seal after use was handed over to SI Deepak Purhoit. Witness has further deposed that accused was got medically examined and thereafter he was brought back to the Police Station where Deepak @ Raj Kumar also came and he recorded statement of witnesses and case property was deposited with the MHC(M).
(67) Witness has further deposed that on 17.7.2014, he prepared the inquest papers and handed over the same to SI Deepak for getting the postmortem of the deceased conducted which inquest papers are collectively Ex.PW25/B. According to the witness after the postmortem of both the dead bodies the Autopsy Surgeon had produced the exhibits of deceased Lata and Divyanshu which were taken into possession vide memos Ex.PW23/A and Ex.PW23/B. Witness has also deposed that he thereafter produced the accused before the Ld. Illaka Magistrate and obtained his one day Police Custody Remand for recovering of his mobile phone by which he had St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 58 made a PCR call after the incident. He has testified that he also moved an application before the Ld. MM for permission to obtain the thumb impressions, specimen handwriting and signature of accused Mukesh and pursuant to the permission granted by Ld. Court got the sample of thumb impressions, specimen handwriting and signatures of accused Mukesh which are Ex.P6A, P6B, P6C, P6D, P6E and Ex.P6E. Witness has further deposed that thereafter accused was taken to SGM hospital where he was got medically examined and then taken to the Police Station where he was put in lockup. According to him, on the next day i.e. 18.7.2014 the accused Mukesh was taken out from the lockup and interrogated the accused who informed that he could get recovered the box of the mobile phone and bill of the mobile set used by him bearing No. 8130708707 and he then recorded his supplementary disclosure statement which is Ex.PW23/C. According to the witness, pursuant to his disclosure statement the accused led them to his room and got recovered the box of the mobile phone and bill which he then took into possession and he converted the box into a pullanda by putting it in an envelope and the bill/ cash memo Ex.PW23/E was kept in an open condition and prepared the seizure memo of the same which is Ex.PW23/F. Witness has testified that the seal after use was handed over to SI St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 59 Deepak Purhoit and they had tried to search for the mobile phone at the railway tracks but could not find the same and therefore a memo in respect of the same which was prepared which is Ex.PW23/D and he then took the accused to the court of Ld. Illaka Magistrate from where he was remanded to Judicial Custody. Witness has further deposed that on 17.07.2014 he had moved an application before Ld. MM for recording the confession accused of accused as he wanted to make a confession which application was listed for consideration before the link MM for 23.07.2014 which application is Ex.PX2. He has proved the proceedings which are collectively Ex.PX3 and having moved an application for obtaining the copy of the proceedings which is Ex.PX5.
(68) Witness has further deposed that on 24.07.2014 he got the details of the PCR record relating to the call through Ct. Harjinder which PCR form is Ex.PW11/A. He has testified that the CD of the voice recording of the said call was put in a box and sealed with the seal of SK and seized vide memo Ex.PW7/A and he then deposited the case property in the Malkhana. Witness has further deposed that on 30.07.2014 he moved an application seeking production of the accused from Judicial Custody for taking him to the FSL for obtaining his voice sample which was allowed and on 01.08.2014 the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 60 accused was produced at the FSL Rohini where his two voice samples were taken by the experts. According to the witness two cassettes were prepared marked SV1 and SV2 (sample voice 1 and sample voice 2) which were seized by him vide seizure memo Ex.PW4/A. He has testified that on 21.07.2014 through Ct. Harjinder he got deposited the documents to Finger Print Bureau, Kamla Market for comparison with the chance prints lifted from the diary of the accused and on the same day he also received the PCR form through Ct. Harjinder. The witness has also deposed that on 29.07.2014 he received the Postmortem Report of deceased Lata vide PM No. 668/14. He has testified that on 30.07.2014 at his instance the draftsman Inspector Mahesh Man prepared the scaled site plan which is Ex.PW1/A. (69) Witness has further deposed that on 31.07.2014 the accused Mukesh was produced before the Ld. MM and he had placed one application for taking his thumb impressions which was allowed which application is Ex.PW25/A and the thumb impressions which were taken are Ex.P6/A to Ex.P6/F. He has clarified that on 17.07.2014 the signatures and specimen handwriting of the accused was taken on 16 separate sheets in front of Ld. MM which sheets are collectively Ex.PX6 running into 16 pages (proceedings not disputed St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 61 by the accused). Witness has further deposed that on 06.08.2014 he send the seized PCR call CD along with seized cassette which was recorded in FSL to FSL Rohini through Ct. Umesh. According to the witness, on 08.08.2014 he received the Postmortem report No. 669/14 of Divyanshu from Mortuary.
(70) Witness has further deposed that on 12.08.2014 he along with Ct. Sanjeev reached at SGM hospital along with case property i.e. two pullandas containing pillow, gamcha and press (iron) and wire. According to the witness he got the subsequent opinion on both the Postmortem reports from Dr. Vivek Rawat which is Ex.PW24/A. Witness has further deposed that after examination Dr. Vivek Rawat resealed the exhibits with the seal of SGMH MORTUARY MANGOLPURI DELHI and handed over the same to him and he deposited the case property back in the malkhana and he recorded the statements of Ct. Sanjeev and MHC(M). He has testified that on 20.08.2014 he send the specimen handwriting sheets along with the forwarding letter and got them deposited in FSL Rohini documents division through Ct. Umesh and during investigations he also collected the CAF details and CDR records. Witness has also deposed that during investigations he recorded statements of witnesses and he collected the experts reports. According to the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 62 witness after necessary investigations he prepared the charge sheet and filed the same in the court. He has testified that after filing of the charge sheet he obtained the report to Truth Lab which is Ex.PW26/A and the handwriting report which is Ex.PW26/B were obtained by him and he prepared the supplementary charge sheet and filed the same in the court.
(71) He has correctly identified the accused Mukesh in the Court and also identified the case property i.e. one audio cassette with the details of the case i.e. FSL214p5730/Phy.271/14 "Exhibit S1", which is Ex.P1; one audio cassette with the details Mukesh Kumar Chauhan SV2, which is Ex.P2; red colour diary i.e bahi khata is on record, Pen is Ex. P3, stamp pad is Ex. P4 and bahi Khata is Ex. P5; a gamcha of white colour having red and green border which is Ex.P6; pillow of white and black colour which is Ex.P7; the iron which is Ex.P8 and its wire which is Ex.P9; Motorcycle make Hero Honda Super Splender which motorcycle is Ex. P10 and one cardboard box bearing IMEI number of mobile phone of accused which mobile phone box is Ex.P18. (72) In his cross examination by Ld. Defence Counsel, witness has deposed that he reached there at the spot at about 09.20 AM and many public persons were standing in the gali. Witness has admitted St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 63 that the house of accused is situated in a very thickly populated area. Witness has further deposed that SI Deepak Purohit, Ct. Dhan Singh, Deepak @ Raj Kumar and Rakesh, brother of accused were present on the second floor when he reached there. According to the witness first, he checked the bodies of the lady and the child and found them dead and thereafter, he called the Crime Team and they reached the spot at about 09.45 AM. He has also deposed that they remained there till 10.30 AM and the Rukka was sent after seizure of diary/ bahikhata, pen and stamp pad. Witness has further deposed that all the documents on that day were prepared by SI Deepak Purohit on his dictation but he did not record this fact in the statement of SI Deepak Purohit. According to the witness he sent the rukka at about 11.50 AM through Ct. Dhan Singh and Ct. Dhan Singh came back at the spot at about 01.15 PM and he remained at the spot till 01.45 PM. Witness has further deposed that he recorded the statement of witness Pritam who is neigbour as well as friend of accused. He has admitted that local inquiry was made by him in the present case. He has denied the suggestion that during local inquiry, it was revealed that deceased Lata was under depression due to the mental and physical condition of her son Divyanshu and has voluntarily added that in fact it was revealed that accused and deceased Lata used to have frequent quarrels.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 64(73) Witness has also deposed that they reached Railway Station Mundka at about 03.00 PM and witness Pritam was with them at that time and remained with them till 06.00 PM and no other public person was present there from where accused was apprehended as that spot was one km ahead towards western direction of railway station Mundka towards Bahadur Garh. He has also deposed that they again reached at the place of incident at 07.30 PM and he had deployed one beat Constable to guard the spot when they left for railway station Nangloi. He has testified that he warned the family members of accused not to go on the second floor till his arrival. According to the witness no other public person was joined except Deepak during the seizure of Gamcha, pillow, iron press and its wire and no chance print was found at the spot by the Crime Team. Witness has further deposed that they remained there at about 08.30 PM. According to him, on 17.07.2014, he had gone to the hospital in the morning for the postmortem of the deceased. they remained there till 12.00 PM. He has deposed that on 18.07.2014, they reached at the spot in the morning and no site plan was prepared by him at the place of recovery of the articles and no public person were joined as a witness at the time of recovery of mobile box and receipt of mobile. He is unable to comment on the aspect as to whether whatever was written in the diary by the accused regarding the fact that he had St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 65 killed his child and wife was relating to the unborn child which his deceased wife who was eight months pregnant was carrying. Witness has admitted that at the time when accused Mukesh was arrested, he was in the state of suicidal isolation. Witness has further deposed that he did not get any specialized psychiatric treatment provided to the accused Mukesh before recording his disclosure statement and also before getting his statement under Section 164 Cr.P.C recorded. According to the witness at the time when Mukesh was produced before doctor for medical examination, he had orally informed the doctor about the fact that he was in the process of committing suicide and had been brought from the railway lines but no psychiatric treatment was provided to him. The MLC of the accused which is Ex.PW25/DX1 which was put to the witness who has admitted that this fact is not mentioned in the same. He has also admitted that the accused Mukesh after his arrest repeatedly kept on stating "that everything had finished and he does not wish to live and that he does not wish to contest any court case. He should be hanged". (Sab kuch khatam ho gaya he aur main jeena nahi chahta. him koi case nahi ladna chahta, mujhe fansi de do). He has also admitted that even after the filing of St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 66 the charge sheet and before the Magistrate, the accused Mukesh refused to accept the charge sheet stating that he did not want to contest the case and he should be hanged. Witness has admitted that the accused had refused all legal assistance initially. He has further deposed that he did not move any application before Ld. MM either during remand or at the time of filing of the charge sheet requesting for psychiatric analysis of the accused Mukesh. He has denied the suggestion that he has not made complete and proper investigation in this case. He has testified that he did not investigate the aspect as to whether the killing of the child Divyanshu or lady Lata was by the same person or different persons and has voluntarily added that since the accused has confessed to his guilt, therefore he did not do so. Witness has admitted that in the postmortem report, the pressure abrasion marks of child Divyanshu and of lady Lata were of different sizes. According to him, he had not made any query to the Autopsy Surgeon if the same person was the author of both the killings or it could be the work of different persons. He has denied the suggestion that he has not properly investigated the case in the manner which he ought to have or that he have simply proceeded to file the charge sheet on the basis of the statements made by the accused while he was in a state of isolated suicidal depression on account of the incident.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 67STATEMENT OF ACCUSED/ DEFENCE EVIDENCE:
(74) After completion of prosecution evidence the statement of the accused Mukesh was recorded under Section 313 Cr.P.C. wherein entire incriminating material was put to the accused. He has stated that on 16.7.2014 in the morning his wife woke up before him and he along with his deceased son who was physically and mentally challenged, was sleeping on the floor while his wife used to sleep on the bed as she was pregnant at that time. According to the accused, while sleeping, his son reached towards the bed on which his wife pulled his son badly and his son started crying and on hearing this he also woke up. He has further deposed that thereafter, his wife told him 'mujhe subah subha iski (son's) shakal dekhni parti hai, tum ise apne sath hi le jaya karo" on which he told her that he would send her to her parental house till her delivery as she was pregnant but she got annoyed and started abusing his son. He has also stated that thereafter, he consoled his son and went to toilet and after 15 minutes when he came back to the room, he saw that his wife was sitting and his son was lying on the floor and there was swelling on his face.
According to him, he asked his wife what happened and she told him that she had silenced him/ calmed him forever ("maine use hamesha ke liye sant kar diya hai"). He has further stated that she tried to St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 68 massage the hands and feet of his child but he did not respond and thereafter, his wife took the iron wire and tied the same around her neck on which he tried to stop her from doing this but in this process she fell down on the floor and the wire came into his hand and it became tight after which she started breathing fast "jor jor se sanse lene lagi". According to the accused, she was already having a gamcha around her head which she used to tie everyday on her head while sleeping after putting Vicks on her forehead. He has further stated that he held his wife on his lap and tried to speak to her but she did not respond and he also massaged her hands and legs but there was no response and she had finished by that time "khatam ho chuki thi". He has also stated that thereafter he made her lie on the ground with a pillow on her head and he also brought the child down and then put a chaddar on them and then picked up a diary and wrote whatever had happened and took the entire blame of the killing of his disabled child and wife on himself. The accused has further stated that he did not want that his family members including Deepak, should be harassed by the police and he then left the house and took a battery rickshaw and went to Mundka railway station for committing suicide and walked on the railway tracks. He has also stated that there were large number of public persons who stopped him and then St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 69 he made a call at 100 number and told the police that he had killed his child including the unborn child and his wife because he did not want the police to harass his family members including Deepak and then again kept walking on the railway track towards Mundka side. According to the accused, he was receiving large number of calls from his house and hence being fed up he threw his mobile and since he was walking on the railway track while crying (mai rota hua ja raha tha) people caught him and asked him what was the matter (logon ne mujhe pakra aur poocha ki kya hua). He has also stated that he told them that his family had finished and he did not wish to live and want to die under the train (meri family khatam ho gai hai aur mai train ke niche aa kar marna chahta hoon) on which Public persons caught him and made him to sit on the one side of the track and did not permit him to move. He has further stated that in the meanwhile some of his friends and neighbors reached the railway lines since they were already aware that he was on the railway track for committing suicide and thereafter his friends brought him to Miyanwali Chowk where police officials were already standing as they were already in touch with his friends and he was handed over to them. However, The accused has not lead any evidence in defence.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 70 FINDINGS:
(75) I have heard the arguments advanced before me by the Ld. Addl. Public Prosecutor for the State and the Ld. Amicus Curie. I have also gone through the memorandum of arguments filed on behalf of the parties and the evidence on record. I first propose to deal with all the averments made by the various witnesses individually in a tabulated form as under and later on comprehensively.
Sr. Name of the Details of deposition
No. witness
Public Witnesses:
1 Deepak @ Raj He is the nephew of the accused who has deposed on the
Kumar (PW15) following aspects:
1. That accused Mukesh is his Fufaji and he had been residing with accused Mukesh and his Bua Smt. Lata (i.e. deceased) since last three to four years prior to the date of incident at C3/178, Sultan Puri, Delhi.
2. That there was a quarrel between his Bua and Fufaji since three to four days prior to the incident (aspect not established).
3. That on 16.7.2014 he got up in morning at about 8.00 AM and went to ease himself and at that time the room of his Fufaji was closed.
4. That when he came from the toilet, he knocked the door of the room of his Fufaji but he did not open the same and he was asked to remain out of the room for some time.
5. That the room was opened by accused Mukesh after 2025 minutes and thereafter also he asked him to remain outside and he gave him dolchi (vessel for bring milk) on which he (witness) went to fetch milk St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 71 and accused again closed the door of the room.
6. That when he came back after bringing milk from Mother Dairy and was going in the house, he saw accused getting down from the stairs in very disturbed condition.
7. That he told the accused that he had brought milk on which accused said that everything had finished, now who will drink the milk i.e. "ab sab kuch khatam ho gaya hai, kaun piega ab dudh".
8. That he went on the second floor where kitchen was constructed and he kept the dolchi there and went towards the room of accused where the light of the room was switched off.
9. That thereafter, he went to take bath in the bathroom and when he came out of bathroom, Rakesh brother of accused came and told him that Mukesh had called him (Rakesh) and was saying that police is going to come to the house very soon (police ghar par jaldi aane wali hai).
10. That within four to five minutes of this conversation, police reached there and went to the second floor towards the room of his Bua and Fufa where he saw that his Bua Smt. Lata and her son Divyanshu were lying on the floor.
11. That he called out to his bua and her son repeatedly but no reply was received.
12. That police checked them and found them dead.
13. That the mouth of his Bua was tied with a gamcha.
14. That police inspected the scene of occurrence and thereafter recorded his statement which is Ex.PW15/A.
15. That police got the scene of occurrence photographed by the Crime Team and wire of press (iron) was found lying in room and the iron was also found lying separately.
16. That one diary (bahi khata) was found lying in the room and he told the police that in the said diary his fufa ji used to write his day to day statement of expenses.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 72
17. That police showed him the handwriting of his Fufa ji in the said bahi khata which was identified by him and police got few pages of said bahi khata photostated.
18. That one stamp pad, pen and diary were also lying there and police kept the bahikhata, diary, pen and stamp pad in an envelope and sealed the same with the seal of SK after which the Investigating Officer prepared seizure memo of these articles which is Ex.PW15/B.
19. That police got the case registered on the basis of his statement and police also prepared the site plan of the scene of incident at his instance which is Ex.PW15/C.
20. That the police also took into possession the iron and its wire lying at the scene of the occurrence after sealing the same in a plastic jar with a seal of SK, vide seizure memo Ex.PW15/D.
21. That dead bodies were shifted to the Mortuary of the SGM Hospital, Mangol Puri, Delhi by the police.
22. That police made local inquiry and on inquiry the neighbour Pritam informed the police that he had recently spoken to the accused Mukesh who told him that he was going to commit suicide at Nangloi Railway Station on which the police officials immediately took him and Pritam along with them and proceeded towards the Railway Station, Nangloi.
23. That at Nangloi Railway Station, accused Mukesh was not found present and police made efforts to search the accused nearby area and they kept on going by side of railway track and reached at Mundka Railway Station but there also accused was not found present and from Mundka Railway Station they went towards the Bahadurgarh side.
24. That they went upto One Km. towards West Side of Mundka Railway Station where they saw the accused Mukesh sitting towards left side near the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 73 Railway track.
25. That he himself and Pritam pointed towards the accused who was apprehended by the police and they made inquiry from accused Mukesh.
26. That thereafter the accused was arrested vide arrest memo Ex.PW15/E and his personal search was conducted vide memo Ex.PW15/F during which RC of motorcycle, D/L and key of motorcycle were found and the accused made disclosure statement which is Ex.PW15/G.
27. That the accused got recovered his motorcycle make Hero Honda Super Splender from H No. B357, Prem NagarII, Kirari Suleman Nagar, Delhi which motorcycle was seized by the Investigating Officer vide seizure memo Ex.PW15/H.
28. That police thereafter brought the accused to House No.C3/178, Sultan Puri, Delhi where accused pointed out the place of incident vide pointing out memo Ex.PW15/J.
29. That the police also took into possession the pillow and gamcha lying at the scene of occurrence after sealing the same with the pullanda with a seal of SK, vide seizure memo Ex.PW15/K.
30. That the gamcha, pillow, iron and its wire were seized by the police at the instance of accused and thereafter, on completion of the proceedings at the spot, police took him and accused to the Police Station Sultan Puri where police recorded his statement.
He has identified the case property i.e. pen of black colour, stamp pad and red colour diary i.e bahi khata in which he identified the handwriting of accused Mukesh which Pen is Ex.P3, stamp pad is Ex.P4 and bahi Khata is Ex. P5; one pillow white and black colour and a gamcha of white colour having red and green border which gamcha is Ex.P6 & the pillow is Ex.P7; the iron which is Ex.P8 and its wire which is Ex.P9; motorcycle which was got recovered by the accused from House No. B357, Prem St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 74 NagarII, Kirari Suleman Nagar, Delhi which motorcycle is Ex.P10.
In his crossexamination the witness Deepak @ Raj Kumar has admitted:
1. That accused was residing very happily with his Bua and he had never seen them quarreling hotly with each other and has explained that there were some differences on routine issues at times which were never serious.
2. That the accused Mukesh used to love the deceased Divyanshu and that few days prior to the incident his Bua Smt. Lata had become irritable towards Divyanshu and has explained that this was because Divyanshu was suffering from physical and mental disorder and used to frequently soil his clothes hence his Bua Smt. Lata became irritable as she was not able to manage his affairs as he was growing up and was 08 years old and did not even develop proper toilet habits, while she was around 08 months pregnant at that time and was finding it difficult to copeup with him.
3. That the accused and his family were residing at the second floor and he used to have his food and share the second floor with the accused and his family but he used to sleep on the terrace.
4. That the accused are four brothers and they all are residing in the same house on different floors.
5. That he did not hear any type of sound like cries, quarrel, noise etc. from the room of his Bua in the night as well as in the morning.
6. That the accused Mukesh was cooperative during the investigations and did not try to resist or run away.
7. That the accused Mukesh had gone to the Railway line to commit suicide and was sitting near the track and has explained that Mukesh was saying "main suicide karne ke liye aya hu aur main nahi rehna chahta".
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 75 2 Mahender He is the brother of the deceased Lata and brother in law (PW18) (sala) of the accused who has proved that on 17.7.2014 he went to SGM Hospital and identified the dead body of his sister Lata vide memo Ex.PW18/A and after the postmortem he received the dead body vide receipt Ex.PW18/B. In his cross examination Mahender has proved:
1. That he had never heard of any dispute between his sister Lata and the accused Mukesh.
2. That his nephew Divyanshu aged 8 years was physically and mentally handicapped and has explained that he was getting better.
3. That his brother in law i.e. the accused Mukesh used to love the child Divyanshu and his sister and has explained that for two years Mukesh did not wear any chappals on his feet for fulfillment of his wish to God for curing his son Divyanshu.
3 Govind Ram He is the brother of the accused Mukesh who has proved (PW19) that on 17.7.2014 he went to SGM Hospital and identified the dead body of Divyanshu and Lata vide memos Ex.PW19/A and Ex.PW19/B. He has also proved that after the postmortem he received the dead body of Lata vide memo Ex.PW8/B and also received the dead body of Divyanshu vide memo Ex.PW19/C. In his cross examination Govind Ram has proved:
1. That he is residing on the first floor of the house where Mukesh was residing.
2. That he had never seen his brother Mukesh having any dispute with his wife Lata and the child Divyanshu and he was deeply in love with both of them.
3. That on the intervening night of 15/16.07.2014, he did not see anything unusual in the house of Mukesh and he did not hear any cries of the child during the night.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 76
4. That for the first time he came to know about the incident was when the police reached the spot and Mukesh himself had informed the police.
4 Shyam Lal He is also the brother of the accused Mukesh who has (PW20) proved that on 17.7.2014 he went to SGM Hospital and identified the dead body of Divyanshu vide Ex.PW20/A and after the postmortem he received the dead body of Divyanshu vide memo Ex.PW19/C. In his cross examination Shyam Lal witness has proved the following aspects:
1. That he is the real brother of Mukesh and he was residing on the ground floor of the house where Mukesh was residing.
2. That he had never seen his brother Mukesh having any disputes with his wife Lata and the child Divyanshu and he was deeply in love with both of them.
3. That on the intervening night of 15/16.07.2014, he did not see anything unusual in the house of Mukesh and he did not hear any cries of the child during the night.
4. That for the first time he came to know about the incident when the police reached the spot and Mukesh himself had informed the police.
5. That when the police reached the spot, Mukesh had left the house and they had got him back from the railway lines and has explained that Mukesh had made a call at home and informed that he had gone to commit suicide and he became absolutely perplexed and disturbed at that time.
5 Pritam (PW21) He is a friend/ relative of accused Mukesh who has deposed on the following aspects:
1. That on 16.7.2014, he came to know about the incident in the house of accused Mukesh and on hearing this he went to his house where he found that police officials and many public persons gathered there but accused Mukesh was not present St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 77 at his house.
2. That the other family members of accused Mukesh and neighbours were trying to contact him on his mobile phone but he did not respond and after some time accused Mukesh received phone call of one of his neighbour and had talked to him on the phone.
3. That accused told him that he had killed his wife and son and was at Nangloi Railway Station to commit suicide on which he along with Deepak @ Raj Kumar nephew of deceased Lata and the entire team of Inspector Sharad Kohli immediately rushed towards Nangloi Railway Station but the accused was not found present there.
4. That the location of the mobile phone of accused was traced by the police and it was showing the location near/ around Mundka Railway Station on which they went to Mundka Railway Station and after going about One Km. towards the Western Side of the Railway Station they saw the accused Mukesh sitting near the railway track on which he himself and Deepak had pointed towards the accused.
5. That the accused was apprehended by the police after which he was arrested vide arrest memo Ex.PW15/E, his personal search memo was conducted vide Ex.PW15/F and disclosure statement of accused was recorded vide memo Ex.PW15/G.
6. From from the personal search of accused Mukesh, his D/L, RC and Key of motorcycle were recovered.
Witnesses of Medical Record:
6 PW17 Dr. Manoj They are the Autopsy Surgeons who have proved the Dhingra and Dr. postmortem reports of the deceased Smt. Lata and child Vivek Rawat Divyanshu which reports are Ex.PW17/A and Ex.PW17/B (PW24) respectively. They have proved the following aspects:
1. That on 17.07.2014 they conducted postmortem on the body of Lata W/o Mukesh Kumar, aged 28 years old, female on the request of Inspector Sharat St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 78 Kohli from Police Station Sultanpuri with alleged history of found dead at home on 16.07.2014.
2. That on external examination they found a Bruise 5 cm wide, bluish colored seen lying almost horizontally over front and both sides of neck at the level of just below Adam's apple; 4.5 cm below each mastoid process, gets fainted over nape of neck.
Both margins showed multiple petechial hemorraheges, Cut sections shows extravasation of blood to underlying deep muscles of neck on its posterolateral aspect at laryngeal level. Hyoid bone was intact. Extravasation of blood seen to tissues around both superior cornu of thyroid cartilage and both ends of cricoid cartilage. No fractures were seen to any bone or cartilage.
3. That on internal examination of Neck Structures Generalised Extravasation of blood seen to muscles of neck as mentioned under injury No. 1, Hyoid bone, thyroid and cricoid cartilage were intact, their mucosa was congested.
4. That on examination of Chest the right/left lungs were severely congested and edematous, Multiple petechial hemorrhages were seen over both lung surface at subpleural lobar fissure locations. Pelvic cavity: NAD; No fractures were seen in b; Mucosa was congested. Uterus, Ovaries, Fallopian Tubes: Full term uterus seen filling most of the abdomen, cut section showed full term female fetus inside uterine cavity with CRL=41 cm and HC=31 cm, not macerated, Hydrostatic test was positive. Head: Extravasation of blood seen to left parieto occipital scalp area and along the whole sagittal suture area. No fractures were seen in the Skull. Brain was Congested and edematous, Subdural and Subarachnoid hemorrhage seen to left mid parietal lobe.
5. That time since death was within 6 to 12 hours prior to preservation in SGMH mortuary and the death was caused due to Asphyxia as result of St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 79 ligature strangulation under injury No.1 which was fresh and antemortem at the time of death and was sufficient to cause death in ordinary course of nature and all injuries were ante mortem and were caused by blunt force impact.
6. That on the same day i.e. 17.7.2014 they conducted the postmortem on the body of deceased Deevanshu S/o Mukesh Kumar, aged six years, on the request of Inspector Sharat Kohli, Police Station Sultanpuri with alleged history of found dead at home on 16.07.2014.
7. That there was Pressure abrasion 2cm wide, reddish colored seen lying almost horizontally over right side and front of neck at the level of just below Adam's apple; 3cm below right mastoid process. Both margins showed multiple petechial hemorrhages. Cut section shows extravasation of blood to underlying deep muscles of neck on its posterolateral aspect at laryngeal level. Hyoid bone was intact. Extravasation of blood seen to tissues around both superior cornu of thyroid cartilage and both ends of criocid cartilage. No fractures seen to any bone or cartilage.
8. That on Internal examination of Neck Structures:
Generalised extravastion of blood seen to muscles of neck as mentioned under injury No. 1. Hyoid bone, thyroid and cricoid cartilage were intact, their mucosa was congested.
9. That the time since death was within six to twelve hours to preservation in SGMH mortuary and cause of death was due to Asphyxia as a result of ligature strangulation under injury No. 1 which was fresh and antemortem at the time of death and was sufficient to cause death in ordinary course of nature.
In addition to the above, Dr. Vivek Rawat (PW24) has proved the following aspects:
1. That on 12.08.2014 he received an application from Inspector Sharad Kohli Police Station Sultanpuri St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 80 with two sealed packets duly sealed with the seal of SK which found to contain a cream green cotton piece (towel), one pillow, one iron with separated lead.
2. That after examining these items and PM report No. 669/14 it was opined that the said ligature mark is possible by given press wire or the similar wire and the possibility of smothering cannot be ruled out.
3. That the detailed subsequent report in this regard is Ex.PW24/A which opinion has been given by him on the application filed by the Investigating Officer itself.
In his cross examination the witness Dr. Manoj Dhingra (PW17) has deposed on the following aspects:
1. That the child Divyanshu had also died on account of manual strangulation and the size of the pressure abrasions on the neck of the child Divyanshu is different from the size of the pressure abrasions on the neck of lady Lata.
2. That the size of the pressure abrasions on the neck of Divyanshu is 2 cm wide and the size of the pressure abrasion on the neck of Lata is 5cm wide.
3. That the person who had strangulated the child Divyanshu is different to the person who had strangulated Lata.
4. That in his opinion a ligature material was used to strangulate Lata and the child was strangulated manually but it is not a definite opinion in so far as the child is concerned.
5. That the photograph Ex.PW13/A6 shows that there are three abrasions marks on the neck of the child and has explained that one pressure abrasion mark in the middle is very prominent and the others are light.
However, in his cross examination the witness Dr. Vivek Rawat (PW24) has proved the following aspects: St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 81
1. That the size of the pressure abrasions points present on the neck of the child Divyanshu was different to the size of the pressure abrasions points present on the lady Lata.
2. That on the neck of the child it was pressure abrasion whereas on the neck of the lady it was bruise.
3. That in his opinion both the child Divyanshu and Lata had expired due to mechanical strangulation and not manual strangulation by hand.
4. That in case of the child it was by the wire and in case of the lady perhaps some cloth was used under the ligature material.
5. That it is possible that both strangulations could be caused by different persons and not by the same person.
6. That the photograph Ex.PW13/A6 show that there are three pressure abrasions marks on the neck of the child and has explained that in his view in case of strangulation by the wire Ex.P17 it will not be like this but in case if the ligature material is a cloth/ gamcha then different ligature marks can be possible.
7. That the three ligature marks present on the neck of the child cannot be possible by hand keeping in view the underlying injuries.
8. That there was frothing in case of lady and bruising of lips in case of the child and also of the lady Lata and hence smothering cannot be ruled out.
FSL Experts:
7 Sudhir Bhalla He is the Finger Print Expert from Finger Print Bureau (PW16) who has proved his report Ex.PW16/A and some of the thumb impressions/ chance prints lifted from the diary in which the suicide note had been written were of the accused Mukesh (accused does not dispute this aspect). 8 Dr. C.P. Singh He is the Assistant Director (Physics), FSL, Delhi who has (PW22) proved his report Ex.PW22/A and the fact that the PCR St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 82 call recording were in the voice of the accused Mukesh (accused does not dispute this aspect).
9 Sh. S.C. Gupta He is the Government Examiner of Questioned Documents (PW26) and the Handwriting Expert who has proved his report Ex.PW26/B and the fact the questioned handwriting in the suicide note Ex.P5 belongs to the accused Mukesh (accused does not dispute this aspect).
Nodal Officer 10 Sh. Chandra He is the Nodal Officer from Bharti Airtel Ltd. who has Shekhar (PW27) proved that the accused Mukesh is the allottee of the SIM Nos. 8130708707 and 9910826518 and has proved the call detail records from the period 01.07.2014 to 16.07.2014 running into four pages which reflect the call made by the accused to the PCR and his location at various points of time which the accused does not dispute.
Police/ Official Witnesses:
11 Inspector He is a formal witness being the draftsman who has proved
Mahesh Kumar having visited the spot of incident and having prepared the
(PW1) scaled site plan which is Ex.PW1/A.
12 ASI Ram Kumar He is a formal witness being the Crime Team Incharge who
(PW2) has proved having visited the spot of incident and inspected
the same after which he prepared the Crime Team Report which is Ex.PW2/A. 13 HC Vinod (PW3) He is a formal witness being the MHCM who has proved the entries in register No. 19 vide Mud No. 7136/14, copy of which is Ex.PW3/A (running into four pages); Mud No. 7137/14 copy of which is Ex.PW3/B (running into two pages); Mud No. 7141/14 copy of which is Ex.PW3/C; Mud No. 7153/14 copy of which is Ex.PW3/D; Mud No. 7155/14 copy of which is Ex.PW3/E; entry in register no.21 vide RC No. 209/21/14 copy of which is Ex.PW3/F; receipt issued by Finger Print Bureau copy of which is Ex.PW3/G; RC No.228/21/14 copy of which is Ex.PW3/H; receipt issued by FSL copy of which is Ex.PW3/I; RC No. 236/21/14 copy of which is Ex.PW3/J; RC No. 253/21/14 copy of which is Ex.PW3/K and receipt issued by FSL copy St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 83 of which is Ex.PW3/L. 14 HC Vijay Pal He is a formal witness who has proved that on 1.8.2014 he (PW4) along with Ct. Ram Kishore and accused Mukesh went to FSL where the FSL staff recorded the voice of the accused Mukesh Chauhan in two audio cassettes which were marked by Inspector Sharat Kohli as SVI and SVII which were seized by the Investigating Officer vide memo Ex.PW4/A. 15 Ct. Ram Kishore He is also a formal witness who has corroborated the (PW6) testimony of HC Vijaypal (PW4) in toto and proved the seizure memo of two audio cassettes containing voice samples of the accused which is Ex.PW4/A. 16 WHC Saroj She is a formal witness being the Duty Officer who has (PW5) proved having recorded DD No.13A copy of which Ex.PW5/A; DD No. 22A and DD No. 23A which are Ex.PW5/B and Ex.PW5/C; FIR No. 764/14 copy of which is Ex.PW5/D and endorsement on rukka which is Ex.PW5/E. 17 Ct. Harjinder He is a formal witness wherein he has proved having taken Singh (PW7) the exhibits i.e. specimen thumb impressions of the accused from the MHCM and deposited the same with the Finger Print Bureau. He has proved the entry in register no.21 vide RC No. 209/21/14 copy of which is Ex.PW3/F and receipt issued by Finger Print Bureau copy of which is Ex.PW3/G. He has also proved having brought the voice recording of the PCR call in the CD which he handed over to the Investigating Officer who seized the same vide memo Ex.PW7/A. 18 Ct. Umesh (PW8) He is a formal witness who has proved having taken the exhibits from the MHCM and deposited the same with the FSL. He has proved the entry in register no.21 vide RC No. 228/21/14 copy of which is Ex.PW3/H and receipt issued by FSL copy of which is Ex.PW3/I. 19 Ct. Sanjeev He is also a formal witness who has proved having taken Kumar (PW9) two sealed pullandas from the MHCM and handed over the same to the Doctor at Mortuary of Sanjay Gandhi Hospital and after giving the subsequent opinion the doctor handed St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 84 over to him the sealed pullandas which he deposited with the MHCM. He has proved the entry in Register No.21 vide RC No. 236/21/14 copy of which is Ex.PW3/J. 20 Ct. Ravinder He is a formal witness who has proved that on 31.7.2014 (PW10) with the permission of the Ld. MM the thumb impression of the accused were obtained on four sheets.
21 W/Ct. Sharda She is a formal witness being the CPCR official who has (PW11) proved that on 16.7.2014 at 9:01 AM she received a call from mobile No. 8130708707 and the caller said that he had killed his wife and child. She has proved the PCR Form which is Ex.PW11/A. 22 Ct. Mohit (PW12) He is a formal witness being the Special Messenger who has proved having delivered the copies of FIR No. 764/2014 to the Ld. MM, to Joint CP and the DCP Outer.
23 Ct. Kamal He is a formal witness being the Crime Team Photographer (PW13) who has proved having visited the spot of incident and taken the photographs of the same which photographs are Ex.PW13/A1 to Ex.PW13/A19 and negatives of the same which are collectively Ex.PW13/B (two negatives washed out).
24 Ct. Umesh He is a formal witness who has proved having taken the (PW14) exhibits from the MCHM and deposited the same with the FSL. He has proved the entry in register no.21 vide RC No. 253/21/14 copy of which is Ex.PW3/K and receipt issued by FSL copy of which is Ex.PW3/L. 25 SI Deepak This witness has proved the following aspects:
Purohit (PW23) 1. That on 16.7.2014, he was performing his emergency duty along with Ct. Dhan Singh from 8.00 AM to 8.00 PM and on that day, at about 9.10 AM, DD no. 13 A which is Ex.PW5/A was entrusted to him for inquiry.
2. That pursuant to the same he along with Ct. Dhan Singh reached at the spot i.e C3/178, 2nd Floor, Sultan Puri, Delhi and in the meanwhile, SHO and Investigating Officer/ Insp. Sharat Kohli with staff also reached there.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 85
3. That one Deepak @ Raj Kumar met at the spot who told the Investigating Officer that deceased Lata was his Bua and deceased Divyanshu was his cousin brother, who was physically and mentally challenged.
4. That both the dead bodies were covered with clothes lying in the room and there was a kitchen constructed adjacent to the room where both the dead bodies were found lying.
5. That Deepak @ Raj Kumar told him that his bua Lata and cousin Divyanshu were sleeping in the room and he repeatedly called the name of both the deceased but both the persons had no response and the cloth by which the bodies were covered were removed and Lata and Divyanshu were found dead.
6. That deceased Lata was apparently looking pregnant.
7. That the Crime Team was summoned at the spot which inspected and took photographs of the scene of occurrence and Investigating Officer recorded statement of Deepak @ Raj Kumar.
8. That thereafter the room was inspected by the Investigating Officer and one red colour diary (bahi khata) was found lying besides the bed which diary was opened and checked.
9. That Deepak @ Raj Kumar identified the handwriting of accused Mukesh and it was found written in the diary that "Mukesh aap sabhi ko last namastey aur salaam karta hun. Mera parivar maine khatam kia hai. Maine apni biwi aur bache ko khatam kia aur mai ab aatam hatya karne ja raha hun. Mujhe aap teen ghante him dhund loge meri body ko. Yeh kadam apne hosh hawas him utha raha hu, isme kisi ka bhi dabaw ya pressure nahi hai."
10. That the accused Mukesh had signed under the above said noting and also put his thumb impression.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 86
11. That one pen of black colour make reynolds and stamp pad of blue colour were also found lying near the diary/ bahi khata and the Investigating Officer got the pages of diary photocopied and thereafter put the diary, pen and stamp pad in an envelope and sealed with the seal of SK and thereafter seized vide seizure memo Ex.PW15/B.
12. That thereafter the Investigating Officer prepared a rukka and handed over the same to Ct. Dhan Singh for getting the case registered and thereafter, site plan was prepared by the Investigating Officer at the instance of Deepak @ Raj Kumar and both the dead bodies were shifted to SGM Hospital through Ct. Chanderhaas.
13. That an application to preserve the dead body was also handed over to Ct. Chanderhaas which was written by him which is Ex.PW23/X and in the meanwhile, Ct. Dhan Singh came back at the spot and handed over the copy of FIR and original rukka to Inspector Sharat Kohli.
14. That Pritam, one local resident of the area met the Investigating Officer and informed him that he had a talk with the accused Mukesh who told him that he was going to commit suicide at Railway Station, Nangloi.
15. That he along with Investigating Officer, Ct. Dhan Singh, Deepak @ Raj Kumar, Pritam and other staff rushed towards the Nangloi Railway Station for in search of accused Mukesh.
16. That at Nangloi Railway Station accused was not found present and they went towards Mundka Railway Station but the accused was also not found there.
17. That while they were searching the accused and had proceeded upto one km towards West Side of Mundka Railway Station i.e towards Bahadur Garh side, Pritam and Deepak @ Raj Kumar pointed towards a person sitting near railway track as Mukesh and was apprehended by them and St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 87 thereafter interrogated by the Investigating Officer.
18. That the accused confessed to committing the murder of his wife and his small child after which the accused was arrested vide arrest memo Ex.PW15/E and his personal search was conducted vide memo Ex.PW15/F and from his personal search, one D/L, RC and key of the motorcycle no. DL11SA9522 were found.
19. That thereafter the disclosure statement of accused Ex.PW15/G was recorded by the Investigating Officer.
20. That pursuant to the disclosure statement accused got recovered his motorcycle no. DL11SA9522 by which he fled away from his house after the incident.
21. That the motorcycle was recovered from in front of H No. B357, Prem Nagar II, Kirari Suleman Nagar, Delhi and the seizure memo of that motorcycle was prepared by the Investigating Officer which is Ex.PW15/H.
22. That thereafter the accused took them to his house and pointed out the place of incident vide pointing out memo Ex.PW15/J.
23. That again pursuant to his disclosure statement accused got recovered one pillow and one gamcha which he used in committing murder of his wife and his son, from under diwan/ bed which gamcha and pillow were kept in a pullanda and were sealed with seal of SK and thereafter was seized vide seizure memo Ex.PW15/K.
24. That accused also got recovered one iron and its wire which he also used in committing murder of his wife and his son, from the side of TV after which the iron and its wire were kept in a transparent plastic jar and were sealed with seal of SK and thereafter was seized vide seizure memo Ex.PW15/D.
25. That the accused was got medically examined and thereafter he was brought back to the Police St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 88 Station.
26. That on 17.7.2014, he joined the investigation with the Investigating Officer and inquest proceedings were conducted in his presence at SGMH and after the postmortem of both the dead bodies the Autopsy Surgeon had produced the exhibits of deceased Lata and Divyanshu which were taken into possession of Investigating Officer vide memos Ex.PW23/A and PW23/B.
27. That thereafter the accused was produced before the concerned court and his one day Police Custody Remand was obtained for recovering of his mobile phone by which he made a PCR call after the incident.
28. That the thumb impression, specimen handwriting and signature of the accused were obtained by the Investigating Officer before Ld. Link MM and accused was got medically examined.
29. That on 18.7.2014, accused made his supplementary disclosure statement to the Investigating Officer in his presence which is Ex.PW23/C but the accused could not get his mobile phone recovered and a memo to that effect was prepared by the Investigating Officer which is Ex.PW23/D.
30. That the accused got recovered the box of the phone and bill/ cash memo of the mobile phone which cash memo is Ex.PW23/E.
31. That the cardboard box of mobile phone which was having the IMEI mobile number was taken into possession and it was sealed in a pullanda with the seal of SK and thereafter the cash memo and box of the mobile phone were seized vide common seizure memo Ex.PW23/F.
26. Inspector Sharat He is the Investigating Officer of the present case who has Kohli (PW25) deposed on the following aspects:
1. That on 16.7.2014 at about 9.10 AM, DD no. 13 A which is Ex.PW5/A was received in the Police Station and marked to SI Deepak for inquiry.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 89
2. That after some time he along Ct. Karam Pal, Ct.
Rinku and the SHO also reached the spot i.e C3/178, 2nd Floor, S. Puri, Delhi where they found SI Deepak and Ct. Dhan Singh already present there who informed him that two bodies i.e. one of a lady and one of a child aged seven years was lying in the room.
3. That he went inside the room and carried out a cursory inspection of both the bodies.
4. That one boy namely Deepak @ Raj Kumar was also present in the said room and large number of family members of the deceased whom they came to know were Lata and her son Divyanshu, were also present.
5. That Deepak informed him that the deceased Lata was his bua/ Aunty and deceased Divyanshu was his cousin brother, who was physically and mentally challenged.
6. That there was a kitchen constructed just in front of the room at the entrance and the room where the bodies were lying was next to the kitchen.
7. That he immediately informed the Crime Team who inspected the scene of crime and took photographs of the scene of crime.
8. That he inspected the room and found that one red coloured diary (bahi khata) was found lying besides the bed which diary was opened and checked wherein it was found that the accused had written a suicide note taking the blame of both the killings on himself.
9. That Deepak @ Raj Kumar who was present in the same room identified the handwriting and signatures to be of the accused Mukesh who was his fufa.
10. That the accused Mukesh had signed under the above said noting and also put his thumb impression and one pen of black colour make reynolds and stamp pad of blue colour were also found lying near the diary/ bahi khata.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 90
11. That he got the pages of diary photocopied and thereafter put the diary, pen and stamp pad in an envelope and sealed with the seal of SK and thereafter seized vide seizure memo Ex.PW15/B.
12. That he then recorded statement of Deepak @ Raj Kumar which statement is Ex.PW15/A and then made his endorsement on the same which is Ex.PW25/A and converted the same into a rukka and handed over the same to Ct. Dhan Singh for going to the Police Station and getting the case registered.
13. That he then prepared the site plan at the instance of Deepak which is Ex.PW15/C and then directed Ct. Chanderhaas to shift both the bodies to SGM Hospital.
14. That at about 1:15 PM Ct. Dhan Singh returned to the spot and handed over the copy of FIR and original rukka to him.
15. That at around 1:30 PM one Pritam, a local resident of the area met him and informed that he had a talk with the accused Mukesh who told him that he was going to commit suicide at Railway Station, Nangloi on which he along with Pritam, Deepak, Ct. Dhan Singh, Deepak @ Raj Kumar and other staff rushed towards the Nangloi Railway Station for in search of accused Mukesh.
16. That at Nangloi Railway Station accused was not found present and he received information from the family members of Mukesh that he was present at Mundka Railway Station.
17. That thereafter they went towards Mundka Railway Station but the accused was not found present thereafter and hence they started searching for him on the railway tracks and when they proceeded upto one km towards Western side of Mundka Railway Station i.e towards Bahadur Garh side, they found one person sitting on the railway track on the left side.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 91
18. That Pritam and Deepak @ Raj Kumar identified the said person as Mukesh after which the accused was apprehended by them and was interrogated by him during which he confessed about the killing of his family.
19. That the accused was then arrested vide memo Ex.PW15/E and his personal search was conducted vide memo Ex.PW15/F.
20. That from his personal search, one D/L, RC and key of the motorcycle no. DL 11 SA 9522 were found and thereafter, disclosure statement of accused was recorded which is Ex.PW15/G.
21. That pursuant to his disclosure statement the accused took them to Prem Nagar II and got recovered his motorcycle no. DL11SA9522 from near the Chat Mandir by which he fled away from his house after the incident which motorcycle was recovered from in front of H No. B357, Prem Nagar II, Kirari Suleman Nagar, Delhi and the seizure memo of that motorcycle was prepared vide Ex.PW15/H.
22. That thereafter the accused took them to his house and pointed out the place of incident vide pointing out memo Ex.PW15/J.
23. That pursuant to his disclosure statement the accused got recovered one pillow and one gamcha which he had used in committing murder of his wife and his son, from under diwan/ bed and the gamcha and pillow were kept in a pullanda and were sealed with seal of SK and thereafter was seized vide seizure memo Ex.PW15/K.
24. That the accused also got recovered one iron and its wire which he also used in committing murder of his wife and his son, from the side of TV which iron and its wire were kept in a transparent plastic jar and were sealed with seal of SK and thereafter was seized vide seizure memo Ex.PW15/D.
25. That the seal after use was handed over to SI Deepak Purhoit.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 92
26. That accused was got medically examined and thereafter he was brought back to the Police Station where Deepak @ Raj Kumar also came and he recorded statement of witnesses and case property was deposited with the MHC(M).
27. That on 17.7.2014, he prepared the inquest papers and handed over the same to SI Deepak for getting the postmortem of the deceased conducted which inquest papers are collectively Ex.PW25/B.
28. That after the postmortem of both the dead bodies the Autopsy Surgeon had produced the exhibits of deceased Lata and Divyanshu which were taken into possession vide memos Ex.PW23/A and Ex.PW23/B.
29. That he thereafter produced the accused before the Ld. Illaka Magistrate and obtained his one day Police Custody Remand for recovering of his mobile phone by which he had made a PCR call after the incident.
30. That he also moved an application before the Ld. MM for permission to obtain the thumb impressions, specimen handwriting and signature of accused Mukesh and pursuant to the permission granted by Ld. Court got the sample of thumb impressions, specimen handwriting and signatures of accused Mukesh which are Ex.P6A, P6B, P6C, P6D, P6E and Ex.P6E.
31. That thereafter accused was taken to SGM hospital where he was got medically examined and then taken to the Police Station where he was put in lockup.
32. That on the next day i.e. 18.7.2014 the accused Mukesh was taken out from the lockup and interrogated the accused who informed that he could get recovered the box of the mobile phone and bill of the mobile set used by him bearing No. 8130708707 and he then recorded his supplementary disclosure statement which is Ex.PW23/C. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 93
33. That pursuant to his disclosure statement the accused led them to his room and got recovered the box of the mobile phone and bill which he then took into possession and he converted the box into a pullanda by putting it in an envelope and the bill/ cash memo Ex.PW23/E was kept in an open condition and prepared the seizure memo of the same which is Ex.PW23/F.
34. That the seal after use was handed over to SI Deepak Purhoit and they had tried to search for the mobile phone at the railway tracks but could not find the same and therefore a memo in respect of the same which was prepared which is Ex.PW23/D.
35. That he then took the accused to the court of Ld. Illaka Magistrate from where he was remanded to Judicial Custody.
36. That on 17.07.2014 he had moved an application before Ld. MM for recording the confession accused of accused as he wanted to make a confession which application was listed for consideration before the link MM for 23.07.2014 which application is Ex.PX2 and the proceedings are collectively Ex.PX3.
37. That on 24.07.2014 he got the details of the PCR record relating to the call through Ct. Harjinder which PCR form is Ex.PW11/A.
38. That the CD of the voice recording of the said call was put in a box and sealed with the seal of SK and seized vide memo Ex.PW7/A and he then deposited the case property in the Malkhana.
39. That on 30.07.2014 he moved an application seeking production of the accused from Judicial Custody for taking him to the FSL for obtaining his voice sample which was allowed and on 01.08.2014 the accused was produced at the FSL Rohini where his two voice samples were taken by the experts.
40. That two cassettes were prepared marked SV1 and SV2 (sample voice 1 and sample voice 2) which were seized by him vide seizure memo Ex.PW4/A. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 94
41. That on 21.07.2014 through Ct. Harjinder he got deposited the documents to Finger Print Bureau, Kamla Market for comparison with the chance prints lifted from the diary of the accused and on the same day he also received the PCR form through Ct. Harjinder.
42. That on 29.07.2014 he received the Postmortem Report of deceased Lata vide PM No. 668/14.
43. That on 30.07.2014 at his instance the draftsman Inspector Mahesh Man prepared the scaled site plan which is Ex.PW1/A.
44. That on 31.07.2014 the accused Mukesh was produced before the Ld. MM and he had placed one application for taking his thumb impressions which was allowed which application is Ex.PW25/A and the thumb impressions which were taken are Ex.P6/A to Ex.P6/F.
45. That on 17.07.2014 the signatures and specimen handwriting of the accused was taken on 16 separate sheets in front of Ld. MM which sheets are collectively Ex.PX6 running into 16 pages (proceedings not disputed by the accused).
46. That on 06.08.2014 he send the seized PCR call CD along with seized cassette which was recorded in FSL to FSL Rohini through Ct. Umesh.
47. That on 08.08.2014 he received the Postmortem report No. 669/14 of Divyanshu from Mortuary.
48. That on 12.08.2014 he along with Ct. Sanjeev reached at SGM hospital along with case property i.e. two pullandas containing pillow, gamcha and press (iron) and wire.
49. That he got the subsequent opinion on both the Postmortem reports from Dr. Vivek Rawat which is Ex.PW24/A.
50. That after examination Dr. Vivek Rawat resealed the exhibits with the seal of SGMH MORTUARY MANGOLPURI DELHI and handed over the same to him and he deposited the case property back in the malkhana and he recorded the statements of Ct. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 95 Sanjeev and MHC(M).
51. That on 20.08.2014 he send the specimen handwriting sheets along with the forwarding letter and got them deposited in FSL Rohini documents division through Ct. Umesh and during investigations he also collected the CAF details and CDR records.
52. That during investigations he recorded statements of witnesses and he collected the experts reports and after necessary investigations he prepared the charge sheet and filed the same in the court.
53. That after filing of the charge sheet he obtained the report to Truth Lab which is Ex.PW26/A and the handwriting report which is Ex.PW26/B were obtained by him and he prepared the supplementary charge sheet and filed the same in the court.
He has correctly identified the accused Mukesh in the Court and also identified the case property i.e. one audio cassette with the details of the case i.e. FSL214p5730/Phy.271/14 "Exhibit S1", which is Ex.P1; one audio cassette with the details Mukesh Kumar Chauhan SV2, which is Ex.P2; red colour diary i.e bahi khata is on record, Pen is Ex. P3, stamp pad is Ex. P4 and bahi Khata is Ex. P5; a gamcha of white colour having red and green border which is Ex.P6; pillow of white and black colour which is Ex.P7; the iron which is Ex.P8 and its wire which is Ex.P9; Motorcycle make Hero Honda Super Splender which motorcycle is Ex. P10 and one cardboard box bearing IMEI number of mobile phone of accused which mobile phone box is Ex.P18.
(76) Coming now to the microscopic evaluation of the evidence against the accused.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 96 Medical Evidence:
(77) The case of the prosecution is that the accused Mukesh Kumar Chauhan had committed the murder of his wife Smt. Lata and his son Divyanshu by strangulating them. In this regard they have placed their reliance on the testimonies of the Autopsy Surgeons Dr. Manoj Dhingra (PW17) and Dr. Vivek Rawat (PW24) and the reports proved by them. (78) Both Dr. Manoj Dhingra (PW17) and Dr. Vivek Rawat (PW24) have proved that on 17.07.2014 they conducted postmortem on the body of Lata W/o Mukesh Kumar, aged 28 years old, female on the request of Inspector Sharat Kohli from Police Station Sultanpuri with alleged history of being found dead at home on 16.07.2014. They have proved that on external examination they found a Bruise 5 cm wide, bluish colored seen lying almost horizontally over front and both sides of neck at the level of just below Adam's apple; 4.5 cm below each mastoid process which gets fainted over nape of neck. Both margins showed multiple petechial hemorrhages, Cut sections showed extravasation of blood to underlying deep muscles of neck on its posterolateral aspect at laryngeal level. Hyoid bone was intact. Extravasation of blood seen to tissues around both superior cornu of thyroid cartilage and both ends of cricoid cartilage. No fractures seen to any bone or cartilage.
(79) They have proved that on internal examination of Neck StructuresGeneralised Extravasation of blood seen to muscles of neck as mentioned under injury No. 1, Hyoid bone, thyroid and cricoid cartilage St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 97 were intact, their mucosa was congested. On examination of Chest the right/left lungs were severely congested and edematous, Multiple petechial hemorrhages seen over both lung surface at subpleural lobar fissure locations. Pelvic cavity: NAD; No fractures seen in Pelvic Bones; Mucosa was congested. Uterus, Ovaries, Fallopian Tubes: Full term uterus seen filling most of the abdomen, cut section showed full term female fetus inside uterine cavity with CRL=41 cm and HC=31 cm, not macerated, Hydrostatic test was positive. Head: Extravasation of blood seen to left parieto occipital scalp area and along the whole sagittal suture area. No fractures were seen in the Skull. Brain was Congested and edematous, Subdural and subarachnoid hemorrhage seen to left mid parietal lobe. (80) They have proved that time since death was within 6 to 12 hours prior to preservation in SGMH mortuary and the death was caused due to Asphyxia as result of ligature strangulation under injury No.1 which was fresh and antemortem at the time of death and was sufficient to cause death in ordinary course of nature and all injuries were ante mortem and were caused by blunt force impact. They have proved their detailed Postmortem Report in this regard which is Ex.PW17/A (running into four pages).
(81) Both the witnesses i.e. Dr. Manoj Dhingra (PW17) and Dr. Vivek Rawat (PW24) have proved that on the same day they conducted the postmortem on the body of deceased Deevanshu S/o Mukesh Kumar, aged six years, on the request of Inspector Sharat Kohli, Police Station St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 98 Sultanpuri with alleged history of found dead at home on 16.07.2014.
They have proved the external injuries as under:
Injury No.1: Pressure abrasion 2cm wide, reddish colored seen lying almost horizontally over right side and front of neck at the level of just below Adam's apple; 3cm below right mastoid process. Both margins showed multiple petechial hemorrhages. Cut section shows extravasation of blood to underlying deep muscles of neck on its posterolateral aspect at laryngeal level. Hyoid bone was intact. Extravasation of blood seen to tissues around both superior cornu of thyroid cartilage and both ends of criocid cartilage. No fractures seen to any bone or cartilage.
(82) According to the witnesses, on Internal examination of Neck Structures: Generalised extravastion of blood seen to muscles of neck as mentioned under injury No. 1. Hyoid bone, thyroid and cricoid cartilage were intact, their mucosa was congested. They have proved having opined that the time since death was within six to twelve hours to preservation in SGMH mortuary and cause of death was due to Asphyxia as a result of ligature strangulation under injury No.1 which was fresh and antemortem at the time of death and was sufficient to cause death in ordinary course of nature. They have also proved their detailed Postmortem Report in this regard which is Ex.PW17/B (running into four pages).
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 99 (83) Further, Dr. Vivek Rawat (PW24) has proved that on 12.08.2014 he received an application from Inspector Sharad Kohli Police Station Sultanpuri with two sealed packets duly sealed with the seal of SK which found to contain a cream green cotton piece (towel), one pillow, one iron with separated lead. He has also proved that after examining these items and PM report No. 669/14 it was opined that the said ligature mark is possible by given press wire or the similar wire and the possibility of smothering cannot be ruled out. He has proved the subsequent opinion in this regard which is Ex.PW24/A which opinion has been given by him on the application filed by the Investigating Officer itself.
(84) In so far as Dr. Manoj Dhingra (PW17) is concerned, he has in his crossexamination admitted that the child Divyanshu had died on account of manual strangulation and the size of the pressure abrasions on the neck of the child Divyanshu is different from the size of the pressure abrasions on the neck of lady Lata and has explained that the size of the pressure abrasions on the neck of Divyanshu is 2 cm wide and the size of the pressure abrasion on the neck of Lata is 5cm wide. He has also conceded that on the basis of the nature of the injury he is of the view that the person who had strangulated the child Divyanshu is different to the person who had strangulated Lata. According to him, in his opinion a ligature material was used to strangulate Lata whereas the child was strangulated manually but this according to him it is not a St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 100 definite opinion in so far as the child is concerned because of the three abrasions marks on the neck of the child and one pressure abrasion mark in the middle was very prominent while the others are light as evident from the photograph Ex.PW13/A6.
(85) In so far as Dr. Vivek Rawat (PW24) is concerned, there is a slight difference in opinion and he has in his crossexamination admitted that the size of the pressure abrasions points present on the neck of the child Divyanshu were different to the size of the pressure abrasions points present on the lady Lata and has explained that on the neck of the child it was pressure abrasion whereas on the neck of the lady it was a bruise. According to him, in his opinion both the child Divyanshu and Lata had expired due to mechanical strangulation and not manual strangulation by hand and has explained that in case of the child it was by the wire and in case of the lady perhaps some cloth was put used under the ligature material. He has however admitted that it was possible that both strangulations could be caused by different persons and not by the same person and has admitted that in the photograph Ex.PW13/A6 there are three pressure abrasions marks on the neck of the child and has explained that in his view in case of strangulation by the wire Ex.P17 the said mark will not be like the ones which are visible in the photograph but if the ligature material is a cloth/ gamcha then different ligature marks are possible. Though a specific Court Question was put to St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 101 the witness as to whether these three ligature marks present on the neck of the child could be possible by hand to which this witness denied and explained that this is not possible keeping in view the underlying injuries. He has further added in his crossexamination that there was frothing in the case of the lady Smt. Lata and bruising in case of lips in case of the child and also of Smt. Lata and therefore smothering of both cannot be ruled out.
(86) Further, in so far as the deceased child Divyanshu is concerned, the postmortem report Ex.PW17/B shows that internal examination of the cut section showed extravasation of blood to underlying deep muscles of neck on its posterolateral aspect at laryngeal level and Hyoid bone was intact. I may observe that the accused Mukesh Kumar Chauhan is a well built healthy person and in case if he had applied force by using the ligature material, the Hyoid bone would have been cut or there would have been deep cut injuries on the neck structures, which is not the case. The width of the pressure abrasion of 2 cm wide shows that it was not the work of the accused Mukesh either by mechanical or manual strangulation and confirms his version that it was his wife who had killed the child as also the opinion of the doctor that it could have been the work of another person. Even otherwise, it is an admitted case of the prosecution that the child Divyanshu was hardly six years of age and was physically and mentally retarded and under the given circumstances, he was not capable of offering resistance or raising any alarm in case of St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 102 strangulation while he was in sleep after which he was smothered (which smothering is confirmed by bruising of the lips). (87) A combined reading of the testimonies of both these Autopsy Surgeons who are experts and had examined the dead bodies of the deceased, confirm one aspect that the possibility of both the strangulation i.e. one caused on the body of the child and one caused on the body of Smt. Lata could be by different persons. On the face of it, the nature of abrasion marks particularly the size and the pressure exerted is different and it is this which creates a dent in the prosecution version that it is the accused Mukesh Kumar Chauhan who had first strangulated the child and then his wife and lends credence to the second version which has now emerged during trial that it was Lata who had first killed the child Divyanshu by strangulation and smothering leading to a fight/ scuffle between Lata and the accused Mukesh in which Lata too was strangulated. The postmortem report of Lata which is Ex.PW17/A also confirms that she was at her advance stage of pregnancy of eight months. (88) In this background, I hold that the Medical Evidence as above does not confirm the prosecution case of homicidal killing of the child Divyanshu by the accused but is rather compatible with the version of the accused that it was his wife Lata who had killed the child and thereafter when he came to know of the same, he lost control over himself and there was a scuffle/ fight between him and his wife in which Lata died on account of strangulation and consequent smothering as confirmed from St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 103 the presence of bruises on the lips of Lata. It is this injury i.e. presence of bruises on the lips of Lata which establishes that after strangulation she was smothered and proves that her death was homicidal and not accidental.
Forensic Evidence:
(89) The case of the prosecution is that after committing the murder of his wife and child, the accused Mukesh Chauhan had written a note in a red diary/ Bahi Khata wherein he confessed to the killings of his wife and child and that he was also ending his own life after which he himself made a call to the PCR and informed them of the killings. In order to establish the confession of guilt by the accused Mukesh Kumar the prosecution is placing its reliance on the report of the experts in respect of the handwriting of the accused Mukesh as well as on the voice test of the accused. I may note that after the arrest of the accused his specimen signatures, thumb impressions and handwritings were obtained and his voice samples were also obtained and sent to the forensic experts.
In order to establish the handwriting of the accused on the alleged suicide note and in this regard the prosecution is placing its reliance on the testimonies of Sh. C.P. Singh (PW22), Sh. S.C. Gupta (PW27) and the fact that he himself had made a call to 100 number and informed them of killing his wife and child. The Investigating Officer had also got lifted the chance prints from the diary on which the accused Mukesh had written the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 104 alleged confession which was confirmed to be of the accused and in this regard they have also placed their reliance on the testimony of the Fingerprint Expert Sh. Sudhir Bhalla (PW16).
Report of the Voice Analysis:
(90) Coming first to the testimony of Sh. C.P. Singh (PW22) who is the Assistant Director (Physics), FSL, Delhi. He has proved that on 06.08.2014 two sealed parcels were received in the office of FSL, Rohini, Delhi which seals on the parcels were intact and tallied with specimen seal impressions provided with the forwarding letter. He has also proved that on opening the first parcel it was found sealed with the seal impressions of SK at three places, one CD of Moserbear which CD was having one audio file which starts with ".....mein Mukesh bol raha hun..." which was marked as Ex.Q1 in the laboratory. On opening the second parcel which was found sealed with the seal of SK at seven places, one audio cassette of Maxell make was found which audio cassette was recorded with the specimen speech sample and the speaker (Sh. Mukesh Kumar Chauhan) of specimen sample in the said audio cassette was marked as Ex.S1 in the laboratory. He has proved that the auditory analysis of recorded speech samples of speakers marked "ExhibitQ1" and "ExhibitS1" and subsequent acoustic analysis of speech samples by using CSL (computerized speech lab) revealed that the voice exhibits of speaker marked "ExhibitQ1" are similar to the voice exhibits of speaker marked St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 105 "ExhibitS1" in respect of their acousit cues and other linguistic and phonetic features. He has also proved that the voice exhibit of speaker marked "ExhibitQ1" and "ExhibitS1" are the voice of the same person (i.e. Sh. Mukesh Kumar Chauhan) and his detailed report in this regard is Ex.PW22/A. (91) The accused Mukesh Chauhan is not disputing the PCR Call. I have heard the contents of the said CD regarding of the PCR call made by the accused Mukesh Chauhan which CD is Ex.P11. The accused has not controverted the same and rather he has admitted having made the said PCR call and when this incriminating material was put to the accused in his statement under Section 313 Cr.P.C. he responded that the same was incorrect but later in the same statement he admitted that he made a PCR call and informed the police that he had killed his wife and child and has explained that he had wrongly taken the blame of killing the child on him since he did not want the police to harass his family including Deepak @ Raj Kumar.
Report of Handwriting Expert (Truth Lab):
(92) Coming next to the report of the Handwriting Expert on the suicide note allegedly written by the accused wherein he had claimed that he had killed his wife and child and did not want to live. In this regard, the specimen signatures and handwriting of the accused were obtained after due permission from the Ld. MM which aspect is not disputed. Sh. S.C. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 106 Gupta (PW27) Government Examiner of Questioned Documents has proved that on 06.11.2014, he was posted as Director, Document Division, NCR, Delhi in Truth Labs situated at A1/132, Safdarjang Enclave, New Delhi and on that day, he received some questioned documents relating to this present case on 30.10.2014 for examination purpose. He has further proved that he had examined the questioned documents with the specimen handwriting and as proved his report Ex.PW26/B. According to his conclusions the person who had written the writings mark S1 to S16 also wrote the writings mark Q1 to Q5 which opinion has been based on the significant similarity found among questioned and standard writings. (93) Further, a black coloured pen and one stamp pad was also found lying near the diary/ Bahi khata which was seized by the Investigating Officer, which aspect has been duly proved and it has been proved that the said note has been written by the accused Mukesh Chauhan.
(94) The accused on his part has not controverted the same and has rather admitted having written the questioned document i.e. diary on which he had made a confession regarding his guilt and does not dispute the said handwriting and when this incriminating material was put to the accused Mukesh Chuahan in his statement under Section 313 Cr.P.C. he simply stated that it is a matter of record. However, in this detail statement he has explained that after seeing that his entire family had been finished he became extremely disturbed and distorted and did not wish to live on St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 107 account of which he wrote the above suicide note and owned up to the killings so that police should not harass his family members. In view of the aforesaid, I hereby hold that not only has the prosecution proved that the above handwriting was of the accused which is in the nature of suicide note but even the accused has not disputed the same. However, the correctness of the contents of the suicide note regarding the killings is a different aspect which is being discussed separately.
Report of the Finger Print Expert:
(95) The case of the prosecution is that finger prints/ chance prints were also lifted from the black pen, stamp pad and red coloured diary/ Bahi Khata on which the suicide note was written by the accused Mukesh, which were sent for matching. In this regard the prosecution is placing its reliance on the testimony of Sh. Sudhir Bhalla (PW16) the Finger Print Expert who has proved having examined the said finger prints with the specimen impressions of the accused vide report Ex.PW16/A. He has proved having opined that on comparison the thumb impressions marked Q 1 to Q7 with the specimen thumb impressions, it was found that Q2 and Q6 were identical with the right thumb impressions of the accused Mukesh and rest questioned thumb impressions were blurred which were unfit for comparison.
(96) When this incriminating material was put to the accused he did not dispute the same and only stated that it is a matter of record and St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 108 hence, I hold that the report of the Finger Print Expert confirms the thumb impressions of the accused on the diary on which he wrote the suicide note and incriminates the accused.
No Direct/ Ocular Evidence: Confession/ Admission of guilt by the accused - Partially Reliable:
(97) The case of the prosecution is that the accused Mukesh Chauhan was residing on the Second Floor of premises No. C3/178, Sultan Puri, Delhi along with his wife Smt. Lata and a mentally and physically challenged boy namely Divyanshu aged 6 years. At that time Smt. Lata was pregnant by eight months and was facing great difficulty in coping up with her mentally and physically challenged child and used to frequently beat him up out of frustration to which the accused Mukesh used to object. It is alleged by the prosecution that one day prior to the incident and also on the morning of the incident there was a dispute between Mukesh Kumar Chauhan and his wife Smt. Lata who had given a beating to the disabled child leading to a quarrel between the couple and being fed up with the same Mukesh killed both his wife Smt. Lata aged 28 years by strangulating her with a wire of the electric iron and thereafter his child aged about 6 years and after committing the horrendous crime wrote a suicide note and went to the Railway Tracks to commit suicide where he was saved by public persons and handed over to the police officers before whom he confessed about his crime. It is alleged that later when he was St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 109 produced before the Ld. MM, Mukesh again confessed to the alleged killing when his statement under Section 164 Cr.P.C. was recorded. (98) There is no direct eye witness to the incident and the entire case of the prosecution is based upon the Extra Judicial as well as the Judicial Confession made by the accused Mukesh and also upon the testimony of Deepak @ Raj Kumar (PW15) the nephew of the deceased Smt. Lata (the deceased Lata being his Bua) who was staying with them and has deposed on the conduct of the accused Mukesh just before and soon after the incident.
(99) Before coming to the evidence on record, I may observe that as per the provisions of Section 8 of the Indian Evidence Act, 1872 any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceedings, in reference to such suit or proceedings, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. The conduct whether previous or subsequent an offence against whom is the subject of inquiry is relevant if the conduct influences or influenced by any fact in issue or a relevant fact as it throws light upon a person's motive, intention, goodfaith etc. Subsequent act of a person which is indicative of desire to avoid or stifle judicial inquiry into St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 110 an offence of which the party doing the act is accused or suspected is relevant. The conduct of a person immediately after the offence is relevant under these circumstances and in the absence of any explanation for such act the presumption would be against such person. It is in this background that the prosecution is placing its reliance upon the testimony of Deepak @ Raj Kumar (PW15) the nephew of the deceased Lata in order to prove his state of mind before and after the incident. (100) Further, in order to substantiate their version the prosecution is also placing its reliance on the confessional statements made by the accused Mukesh before the Ld. MM i.e. Judicial Confession as well as the Extra Judicial confession made by him when he wrote the suicide note and also when he made a call to the PCR stating that he had killed his wife and son.
(101) However, before coming to the same, I may observe that Confession as per law is a statement of Admission of Guilt made by the accused to a Judge or a Magistrate or any other Authority or person. Any confessional statement if found to be voluntary and free from pressure can be accepted. There is no hard and fast rule with regard to the manner in which the confession is required to be made. Whether corroboration is required or not would depend upon facts and circumstances of each case.
At the time when the letter had been written the accused was a free man. He had committed the crime and rather informed the Authorities of the same and the said letter was in the nature of challenge to the System to St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 111 catch him for his wrong doings. Law does not require that evidence of confession should in all cases be corroborated. (102) I may also observe that a Confession may occur in many forms. When it is made to the court itself then it will be called Judicial Confession and when it is made to anybody outside the court, in that case it will be called ExtraJudicial Confession. It may even consist of conversation to oneself, which may be produced in evidence if overheard by another.
(103) Judicial Confession are those which are made before a magistrate or in court in the due course of legal proceedings. A judicial confession has been defined to mean "plea of guilty on arrangement (made before a court) if made freely by a person in a fit state of mind". As per the provisions of Section 80 of the Indian Evidence Act, a Court is bound to presume that a statement or confession of an accused person, taken in accordance with law and purporting to be signed by any Judge or Magistrate, is genuine, and that the certificate or note as to the circumstances under which it was taken purporting to be made by the person signing it, are true, and that such statement or confession was duly taken. The words "taken in accordance with law" occurring in this section are very important and it is essential that in recording a statement or confession under Section 164, the provisions of that section should be strictly followed. The evidential value of a confession depends upon its voluntary character and the precision with which it is reproduced and St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 112 hence the section provides safeguards to secure this end. (104) ExtraJudicial Confessions are those which are made by the accused elsewhere than before a magistrate or in court. It is not necessary that the statements should have been addressed to any definite individual. It may have taken place in the form of a prayer. It may be a confession to a private person. An extrajudicial confession has been defined to mean "a free and voluntary confession of guilt by a person accused of a crime in the course of conversation with persons other than judge or magistrate seized of the charge against himself". A man after the commission of a crime may write a letter to his relation or friend expressing his sorrow over the matter. This may amount to confession. Extrajudicial confession can be accepted and can be the basis of a conviction if it passes the test of credibility. Extrajudicial confession is generally made before private person which includes even judicial officer in his private capacity. (105) I now for the sake of convenience proceed to elaborate the difference between Judicial and ExtraJudicial Confession as under:
Judicial Confession ExtraJudicial Confession ➢ Judicial confessions are ➢ Extrajudicial confession are those which are made to a those which are made to any judicial magistrate under person other than those Section 164 of Cr.P.C. or authorized by law to take before the court during confession. It may be made to committal proceeding or any person or to police during during trial. investigation of an offence.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 113 ➢ To prove judicial confession ➢ Extrajudicial confession are the person to whom judicial proved by calling the person as confession is made need not witness before whom the extra be called as witness. judicial confession is made.
➢ Judicial confession can be ➢ Extrajudicial confession alone
relied as proof of guilt cannot be relied it needs
against the accused person support of other supporting
if it appears to the court to evidence.
be voluntary and true.
➢ A conviction may be based ➢ It is unsafe to base conviction
on judicial confession. on extrajudicial confession.
(106) The confession of an accused may be classified into
Voluntary and NonVoluntary Confession. A confession to the police officer is the confession made by the accused while in the custody of a police officer and never relevant and can never be proved under Section 25 and Section 26 of the Evidence Act. Now as for the extrajudicial confession and confession made by the accused to some magistrate to whom he has been sent by the police for the purpose during the investigation, they are admissible only when they are made voluntarily. If the making of the confession appears to the court to have been caused by any inducement, threat or promise having reference to the change against the accused person proceeding from a person in authority and sufficient in opinion of the court to give the accused person grounds, which would appear to him reasonable for supporting that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 114 proceeding against him, it will not be relevant and it cannot be proved against the person making the statement. Section 24 of the Evidence Act lays down the rule for the exclusion of the confession which are made non voluntarily. Section 24 of Indian Evidence Act confession caused by inducement, threat or promise, when irrelevant in criminal proceeding A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused person grounds, which would appear to him reasonable, for supporting that by making it he would gain any advantage or avoid any evil of temporal nature in reference to the proceeding against him. If a confession comes within the four corners of Section 24 of Evidence Act is irrelevant and cannot be used against the maker.
(107) To attract the prohibition enacted in Section 24 the following facts must be established:
➢ That the statement in question is a confession, ➢ That such confession has been made by the accused, ➢ That it has been made to a person in authority, ➢ That the confession has been obtained by reason of any inducement, threat or promise, proceeding from a person in authority, ➢ Such inducement, threat or promise must have reference to the charge against the accused, ➢ The inducement, threat or promise must in the opinion St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 115 of the court be sufficient to give the accused ground, which would appear to him reasonable, for supporting that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.
(108) Confession made by inducement, threat or promise is inadmissible in evidence and every confession should be free and voluntary. If a Confession proceeds from remorse and a desire to make reparation for the crime, it is admissible. If it flows from hope or fear, excited by a person in authority, it is inadmissible." The term inducement involves a threat of prosecution if the guilt is not confessed and a promise of forgiveness if it is so done. It is very difficult to lay down any hard and fast rule as to what constitutes inducement. It is for the judge to decide in every case. An inducement may be express or implied, it need not be made to the accused directly from the person in authority. Before a confession can be received as such, it must be shown that it was freely and voluntarily made. This means that the confession must not be obtained by any sort of threat or violence, not by any promise either direct or indirect, expressed or implied, however slight the hope or fear produced thereby, not by the exertion of an influence. The ground on which confessions made by the accused under promises of favour or threats of injury are excluded from evidence is not because any wrong is done to the accused in suing than but because he may be induced by pressure of hope or fear to confess the guilt without regard to their truth in order to obtain relief or avoid the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 116 threatened danger. Thus it is clear that if threat or promise from persons in authority is used in getting a confession it will not be taken into evidence.
Every threat or inducement may not be sufficient to induce the accused to confess a guilt. The proper question before excluding a confession is whether the inducement held out to the accused was calculated to make his confession untrue one. The real enquiry is whether there had been any threat of such a nature that from fear of it the prisoner was likely to have told a untruth. If so, the confession should not be admitted. (109) In case of an ordinary confession there is no initial burden on the prosecution to prove that the confession sought to be proved is not obtained by inducement, threat, etc. It is the right of the accused to have the confession excluded and equally the duty of the court to exclude it even suo moto.
(110) Now applying the settled principles of law to the facts of the present case as aforesaid and coming First to the Suicide Note written by the accused Mukesh vide Ex.P5 which the accused admits and does not deny having written (otherwise proved by the prosecution as discussed separately under the head Forensic Evidence), the contents of the said note, are in the nature of an Extra Judicial Confession. I repeat the said note written by the accused Mukesh as under:
".......Mukesh aap sabhi ko last namastey aur salaam karta hai. Mera parivar maine khatam kia hai. Maine apni biwi aur bache ko khatam kia hai aur St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 117 mai ab aatmhatya karne ja raha hun. Mujhe aap teen ghante me dhund loge. Meri body ko. Yeh sab kadam main apne hosh hawas me utha raha hun. Isme kisi ka bhi dabaw ya pressure nahi hai....."
(111) Secondly coming to the PCR Call made by the accused Mukesh and his voice recording when he made the 100 number call, which the accused again admits and does not deny (otherwise proved by the prosecution as discussed separately under the head Forensic Evidence), the transcript of the same, which is in the nature of an Extra Judicial Confession having being made to the Duty Officer of the Central Police Control Room on phone even before the registration of the FIR not under any threat of authority or inducement etc. I reproduce the contents of the same as under:
PCR: Namaskar PCR 106 Hello
Caller: Mai Mukesh bol raha hun. Sultanpuri C3/178
hai.
PCR: C3/178.
Caller: C3/178, Near Police Station.
PCR: Hun. Kya hua.
Caller: Meri wife ko aur mere bacche ko mene gala
dabakar mar dala hai.
PCR: Kon se thane se bol rahe ho, Mangolpuri se bol
rahe ho aap.
Caller: Sultanpuri thane se bol raha hun. Sultanpuri
thane se near Sultanpuri thane ke pass se bol
raha hun. C3/178, 2nd Floor, mere bacche ko
meri biwi ko mene gala dabakar mar dala hai.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 118
PCR: Jhoot bol rahe ho ya bakwas kar rahe ho.
Caller: Hakikat hai ja kar dekhkar aao.
PCR: Kis liye mar diya.
Caller: Aap jakar dekho.
PCR: Hello.
Caller: Mere sath bahut bada hadsa hua hai. Mere
sath meri chori ho gayi hai. Mere panch lakh
rupay ki chori ho gayi, mai kisi ko muh
dikhane layak nahi raha.
PCR: Aap kah rahe ho, mene unko maar diya hai. Ab
aap kah rahe ho meri chori ho gayi.
Caller: Han chori ke sadme ke karan mene un sabko
maar diya. Mai nahi chahta ki mere parivar
par koi bhar aaye. Koi dikkat aaye.
(112) Thirdly coming to the statement made by the accused before
the Ld. MM under Section 164 Cr.P.C. vide Ex.PX3 which again the accused Mukesh admits and does not deny (Note: The accused has admitted the proceedings relating to the recording of his statement under Section 164 Cr.P.C. which otherwise admissible under Section 80 of the Evidence Act). The contents of the said statement are in the nature of a Judicial Confession and I reproduce the same as under:
"...... 15/07/2014 Rat ko 9 baje karib main ghar pahucha aur hath muh dhokar maine wife ko khana dalne ke liya kaha wife ne mujhe khana dala aur mere bache divanshu ko marne lagi. Veh keh rahi thi ki yeh mujhe bahut pareshan karta hai. Maine apne bete ko khana khilaya khana khilane ke bad jab main use sulane laga to mere wife boli ke bahar le jake sulao. Meri wife ke saas ke sath kaha suni ho gayi, mere bete St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 119 divanshu ko lekar jo mansik rup se viklang tha. Meri wife se hata pai ho gai. Maine wife ko samjhaya par weh nahi mani. Usne kaha ki iska asar mere hone wale bache par padega. Maine use bahut samjhaya ki hame hi divanshu ko palna hai. Par weh nahi mani aur gas on karke apne aap ko jalane ki kosish karne lagi. Mainne use khich kar kamre me bethaya. Maine Divanshu ko godh me sulaya aur jab tak weh nahi soi wahi betha raha. Agle din 160714 kareeb 67 baje subah ke bich mai, meri wife uthi to mere sote hue bete ko kich kar bithaya aur kaha ke ise apne sath le jao yeh manhoos hai. Mujhe gussa aa gaya maine press ke tar se apne wife ka gala dabha diya aur apne bete ko bhi isi tarah mar dala.
At this stage accused has started crying. Accused is given wanted to drink. He is calmed down. The accused now further states:
Uske bad maine police ko 100 number par phone kiya aur unhe bataya ki maine apne biwi bachho ka katal kar diya hai aur ghar ja kar dekhiyae. Fir mai apne motorcycle par railway track par aatam hatya ke liya chala gaya. Motorcycle track par khada karke main rail line ke beech main kadha ho gaya Mujhe public ne pakad kar side main betha diya. Phir police aa gayi aur mujhe pakad kar le gayi....."
(113) Lastly I now come to the statement which the accused Mukesh has made before this court under Section 313 Cr.P.C. when this entire incriminating evidence relating to the Judicial as well as Extra Judicial Confession was put to him. This statement of the accused under Section 313 Cr.P.C. provides an insight into the mental and psychological St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 120 condition of the accused at the relevant time soon after the incident firstly when he wrote the suicide note Ex.P5, when he made a call to the PCR on 100 number and lastly when he made a statement to the Ld. MM under Section 164 Cr.P.C. vide Ex.P3. It is in this statement under Section 313 Cr.P.C. made before the Court that he has for the first time informed the court that in fact it was his wife who first killed his son and her death was caused when she then tried to kill herself with the same wire of the electric iron. The said statement of Mukesh under Section 313 Cr.P.C. is reproduced as under:
"........ On 16.7.2014 in the morning my wife woke up before me. I along with my deceased son who was physically and mentally challenged, was sleeping on the floor while my wife used to sleep on the bed as she was pregnant at that time. While sleeping, my son reached towards the bed on which my wife pulled my son badly on which my son started crying and on hearing this I also woke up. Thereafter, my wife told me 'mujhe subah subha iski (my son's) shakal dekhni parti hai, tum ise apne sath hi le jaya karo".
On this I told her that I would send her to her parental home till her delivery as she was pregnant but she got annoyed and started abusing my son.
Thereafter, I consoled my son and I went to toilet. After 15 minutes when I came back to the room, I saw my wife was sitting and my son was lying on the floor and there was swelling on his face. I asked my wife what happened and she told me that she had silenced him and calmed him forever ('maine use St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 121 hamesha ke liye sant kar diya hai"). I tried to massage the hands and feet of my child but he did not respond. Thereafter, my wife took the iron wire and tied the same around her neck. I tried to stop her from doing this but in this process she fell down on the floor and the wire came into my hand and it became tight after which she started breathing fast "jor jor se sanse lene lagi". She was already having a gamcha around her head which she used to tie everyday on her head while sleeping after putting Vicks on her forehead. I held my wife on my lap and tried to speak to her but she did not respond. I also massaged her hands and legs but there was no response and she had finished by that time. "khatam ho chuki thi". Thereafter I made her lie on the ground with a pillow on her head. I also brought the child down and then put a chaddar on them. I then picked up a diary and wrote whatever had happened and took the entire blame of the killing of my disabled child and wife on myself. I did not want that my family members including Deepak should be harassed by the police. I then left the house and took a battery rickshaw and went to Mundka railway station for committing suicide and went on the railway tracks. There large number of public persons stopped me and then I made a call at 100 number and told the police that I had killed my child including the unborn child and my wife because I did not want the police to harass my family members including Deepak after me and then again kept walking on the railway track towards Mundka side. I was receiving large number of calls from my house St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 122 and I threw my mobile being fed up. Since I was walking on the railway track while crying (mai rota hua ja raha tha) people caught me and asked me what was the matter (logon ne mujhe pakra aur poocha ki kya hua). I told them that my family had finished and I did not wish to live and I wanted to die under the train (meri family khatam ho gai hai aur mai train ke niche aa kar marna chahta hoon).
Public persons caught me and made me sit on the one side of the track and did not permit me to move. In the meanwhile some of my friends and neighbors reached the railway lines since they were already aware that I was on the railway track for committing suicide. My friends brought me to Miyanwali Chowk where police officials were already standing as they were already in touch with my friends and I was handed over to them...."
(114) From a combined reading of all the above statements made by the accused at different points of time (which the accused admits and does not deny) which are in the nature of Extra Judicial and Judicial Confessions and also his statement under Section 313 Cr.P.C. and from the Medical and Circumstantial Evidence the following facts emerge:
➢ That the accused Mukesh Kumar Chauhan was residing on the Second Floor portion of premises No.C3/178, Sultan Puri, Delhi along with his wife Smt. Lata aged 28 years who was pregnant at that time and the mentally and physically challenged child Divyanshu aged 6 7 years, while his brothers Govind Ram was St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 123 residing on the first floor portion and Shyam Lal was residing on the ground floor of the same premises (Established being not disputed by the accused).
➢ That Deepak @ Raj Kumar, the nephew of Lata was also residing with Mukesh and Lata and sharing the same premises. Deepak used to have his food with the family of Mukesh but sleep on the terrace (Established being not disputed by the accused). ➢ That accused Mukesh and Lata were a happy family with no disputes whatsoever between them except for some minor day to day skirmishes which were never serious (proved by Deepak @ Raj Kumar - PW15, Mahender - PW18, Govind Ram - PW19 and Shyam Lal PW20).
➢ That the physically and mentally challenged child Divyanshu aged 67 years was immensely loved by accused Mukesh who used to take great care of him so much so that for two years Mukesh had remained bare footed while praying and pleading to God to cure his son (Established being not disputed by the accused). ➢ That at the time of the incident Smt. Lata was eight months pregnant and had become highly irritable and was not able to manage the affairs of the disabled child who was growing up and had not even developed proper toilet habits. She had become averse to the child Divyanshu who was mentally retarded and even rebuked him frequently (proved by Deepak @ Raj Kumar - PW15 and St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 124 admitted by the accused in his statement under Section 164 Cr.P.C. Ex.PX3).
➢ That a day earlier to the incident there was a verbal altercation between the accused and his deceased wife Lata who had beaten the child and had rebuked him by calling upon Manhoos (inauspicious) for them and told the accused that the presence of the mentally challenged child with them would affect the future of the unborn child (as Lata was eight months pregnant) on which the accused stopped her from being so unreasonable and there was also a physical altercation between the accused Mukesh and his wife Lata on this issue (as per statement of accused under Section 164 Cr.P.C. Ex.PX3).
➢ That one day prior to the incident and in the early morning hours of the incident Smt. Lata had become highly irritable with the child Divyanshu whom she felt was a burden and curse upon them and had even beaten him but the accused had stopped her from beating the child and chastised her for this act (as per statement of accused under Section 164 Cr.P.C. Ex.PX3 and also admitted by him in his statement under Section 313 Cr.P.C.).
➢ That later accused Mukesh went to the toilet, when Smt. Lata strangulated the child and smothered him to death with the wire of the electric iron kept in the room and when he returned and saw the child lying on the ground with his face swollen and Lata next to St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 125 him. When the accused Mukesh inquired from Lata as to what had happened, Lata informed him that she had silenced the child forever (as per statement of accused under Section 164 Cr.P.C. Ex.PX3 and also admitted by him in his statement under Section 313 Cr.P.C.).
➢ That the accused tried to revive the child but could not succeed and in the meanwhile he noticed that Lata had put the same wire around her neck and was trying to strangulate herself on which he tried to stop her but she just collapsed in his arms (as per statement of accused under Section 164 Cr.P.C. Ex.PX3. Here, I may observe that this version does not appear to be probable and correct because as per the Postmortem Report Lata was strangulated and then smothered, hence there is a possibility that when Lata had put the wire around her neck after she strangulated the child but the accused Mukesh out of rage strangulated her but also thereafter smothered her to death).
➢ That thereafter the accused thereafter being overcome by the grief on realization that his entire family had finished, then put both the dead bodies on the ground and covered them with the bed sheets and then decided to end his life after which he wrote this suicide note which is Ex.P5 (admitted by the accused in his statement under Section 313 Cr.P.C.).
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 126 ➢ That the accused made a call to the PCR and informed the PCR official that he had killed both his child and the wife after which Mukesh left his house and went towards Mundka Railway Tracks and while leaving the house informed Deepak @ Raj Kumar that police would come to the house soon and he should not be scared (Established being not disputed by the accused). ➢ That soon thereafter police officials came to the spot and it was then that the brothers and other family members of the accused realized what had happened and also realized that accused Mukesh had gone to commit suicide on which they made frantic calls on his mobile phone (Established by the electronic record and in the statement of witness Deepak @ Raj Kumar PW15 and Pritam - PW21 and admitted by the accused in his statement under Section 313 Cr.P.C.). ➢ That the family members and friends of the accused Mukesh who was trying to contact him on mobile phone came to know that he was at the Railway Tracks and also the local police tracked down the location of the accused on which they started moving on the railway tracks and found the accused sitting on the side of railway tracks in a completely distorted state and wanted to commit suicide as his entire family had finished (Established being admitted by the accused).
➢ That the accused was thereafter arrested, brought to the Police Station and then produced before the Ld. MM where his statement St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 127 under Section 164 Cr.P.C. which is Ex.PX3 wherein he repeated the version of having killed both his child and the wife and the fact that he did not want to live and that he should be punished (Established being admitted by the accused). (115) I may observe that all the above facts are also borne out from the testimonies of Deepak @ Raj Kumar (PW15), Mahender (PW18) brother of the deceased Lata and Govind Ram (PW19) and Shyam Lal (PW20) brothers of the accused Mukesh Chauhan. Coming first to the testimony of Deepak @ Raj Kumar (PW15), he is the person who had first spoken to the accused Mukesh soon after the incident, without realizing as to what had happened and had seen the accused leaving the house. The prosecution has placing its reliance on his testimony to prove the conduct of the accused at the time of the incident and soon thereafter. I reproduce the testimony of Deepak @ Raj Kumar as under:
"........ Accused Mukesh present in the court today, correctly identified, is my fufa ji. I had been residing with accused Mukesh and my bua Smt. Lata since last 34 years prior to the date of incident at C3/178, S. Puri, Delhi. My parents are residing at my native village at Rajasthan. A quarrel between my bua and fufa ji going on since 34 days prior to the incident.
On 16.7.2014 (wrongly mentioned in the complaint/ rukka as 16.4.2014), I got up in morning at about 8.00 am. I went to ease myself and at that time the room of my fufa ji was closed. When I came from the toilet, I knocked the door of the room of my fufa ji St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 128 but he did not open the same. I was asked to remain out of the room for some time. The room was opened by accused Mukesh after 2025 minutes and thereafter also he asked me to remain outside and he gave me dolchi (vessel for bring milk). I went to fetch milk and accused again closed the door of the room. When I came back after bringing milk from mother dairy and was going in the house, I saw accused getting down from the stairs in very perplexed condition. I told accused that I had brought milk on which he said " ab sab kuch khatam ho gaya hai, kaun piyega ab dudh".
I went on the second floor where kitchen was constructed. I kept the dolchi there and went towards the room of accused. The light of the room was switched off. Thereafter, I went to take bath in the bathroom. When I came out of bathroom, Rakesh, brother of accused came and told me that Mukesh had called him (Rakesh) and he was saying that Police is going to come at home very soon (police ghar par jaldi aane wali hai). Within 45 minutes of this conversation, police reached there and went to the second floor towards the room of my bua and fufa. I saw that my bua Smt. Lata and her son Divyanshuu were lying on the floor. I called my bua and her son repeatedly but no reply was received. Police checked them and found them dead. The mouth of my bua was tied with a gamcha. I could recollect the conduct of my fufa Mukesh on 15.7.2014 at about 6.30 pm, when he asked me not to get scared if the police comes at the house. Police inspected the scene of occurrence and thereafter recorded my statement which is now Ex.PW15/A bears my signatures at point A. Police got the scene of occurrence photographs by crime team. Wire of press (iron) was found lying in room and the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 129 iron was also found lying separately. One diary (bahi khata) was found lying present in the room. I told the police that in the said diary my fufa ji used to write his day to day statement of expenses. Police showed me the handwriting of my fufa ji in the said bahi khata which was identified by me. Police got few pages of said bahi khata photostated. One stamp pad, pen and diary were also lying there. Police kept the bahikhata, diary, pen and stamp pad in an envelope and sealed the same with the seal of SK. IO prepared seizure memo of these articles on which I have signed at pt A. The seizure memo is now Ex.PW15/B. Police got the case registered on the basis of my statement. Police also prepared site plan of the scene of incident at my instance which is now Ex.PW15/C bears my signatures at pt A. Police also took into possession the iron and its wire lying at the scene of occurrence after sealing the same in a plastic jar with a seal of SK, vide seizure memo Ex.PW15/D bears my signatures at pt A. Dead bodies were shifted to mortuary SGM Hospital, Mangol Puri, Delhi by the police. Police made local inquiry and on inquiry neighbour Pritam told the police that he had recently spoken to accused Mukesh who told him that he was going to commit suicide at Nangloi Railway Station. The police officials immediately took me and Pritam along with them and proceeded for Railway Station, Nangloi.
At Nangloi Railway Station, accused Mukesh was not found present. Police made efforts to search the accused nearby area and we kept on going by side of railway track and reached at Mundka Railway Station but there also accused was not found present. From Mundka Railway Station we went further towards St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 130 Bahadurgarh side. We had gone upto 1 km towards West side of Mundka Railway Station and there we saw that accused Mukesh was found sitting towards left side near the Railway track. Myself and Pritam pointed towards the accused who was apprehended by the police. Police made inquiry from accused Mukesh and thereafter he was arrested vide arrest memo Ex.PW15/E and his personal search was conducted vide memo Ex.PW15/F both the memos bears my signature at pt A. RC of motorcycle, D/L and key of motorcycle found from his personal search.
The accused made disclosure statement which is Ex.PW15/G bears my signatures at pt A. Accused got recovered his motorcycle make Hero Honda Super Splender from H No. B357, Prem NagarII, Kirari Suleman Nagar, Delhi. The motorcycle was seized by the IO vide seizure memo Ex.PW15/H. Police thereafter brought the accused to house no. C3/178, S. Puri, Delhi where accused pointed out the place of incident vide pointing out memo Ex.PW15/J which bears my signatures at pt A. Police also took into possession the pillow and gamcha lying at the scene of occurrence after sealing the same with the pullanda with a seal of SK, vide seizure memo Ex.PW15/K bears my signatures at pt A. IO also took into possession the wire of iron and iron which has already been exhibited as Ex.PW15/D. The gamcha, pillow, iron and its wire were seized by the police at the instance of accused. Thereafter, on completion of proceedings at the spot, police took me and accused to the PS: S. Puri. Police recorded my statement at PS: S. Puri. I can identify the case property if shown to me. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 131
At this stage, MHC(M) has produced one sealed pullanda duly bearing the stamp of " Truth Labs"
which is opened and found to contain one bahi khata, one stamp pad and pen. The same are shown to the witness who correctly identified the pen of black colour, the stamp pad and red colour diary i.e bahi khata in which he identified the handwriting of accused Mukesh. The Pen is Ex.P3, stamp pad is Ex.P4 and bahi Khata is Ex.P5.
At this stage, MHC(M) has produced one sealed pullanda duly sealed with the seal of mortuary SGM Hospital. Same is opened and found to contain one pillow white and black colour and a gamcha of white colour having red and green border. The same are shown to the witness who correctly identified the said gamcha and pillow which was pointed out by the accused while in custody of police at the scene of occurrence. The gamcha is Ex.P6 and the pillow is Ex.P7.
At this stage, MHC(M) has produced one sealed transparent plastic jar duly sealed with the seal of mortuary SGM Hospital. Same is opened and found to contain one iron and its wire. The same are shown to the witness who correctly identified the said iron and its wire which was pointed out by the accused while in custody of police at the scene of occurrence. The iron is Ex.P8 and its wire is Ex.P9.
Motorcycle standing in the parking area of the Rohini court premises has been shown to the witness who correctly identified the same which was got recovered from the accused from H No. B357, Prem NagarII, Kirari Suleman Nagar, Delhi. The motorcycle is now Ex.P10.
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 132
At this stage, at the request of Ld. Addl. PP requests that the bahi khata/ red diary which is already Ex.P5 be taken on record. I have considered the request made. The red diary is Ex. P5 is evidence in the case and hence is taken on record and directed to be kept in an envelope.
Accused is present in the court today, correctly identified......"
(116) The witness Deepak @ Raj Kumar (PW15) has been exhaustively crossexamined by the Ld. Defence Counsel wherein he has admitted that the accused was residing very happily with Smt. Lata and he had never seen them quarreling hotly with each other and has voluntarily explained that there were some differences on routine issues at times which were never serious. He has further admitted that the accused Mukesh used to love the deceased child Divyanshu and that few days prior to the incident his Bua Smt. Lata had become irritable towards Divyanshu and has voluntarily explained that this was because Divyanshu was suffering from physical and mental disorder and used to frequently soil his clothes due to which reason his Bua Smt. Lata had become irritable as she was not able to copeup with his affairs as he was growing up and had not even developed proper toilet habits, while she was around 08 months pregnant at that time and was finding it difficult to manage with him. He has explained that the accused and his family were residing at the second floor and used to have his food and share the second St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 133 floor with the accused and his family but he used to sleep on the terrace. He has further stated that the accused are four brothers and they are all residing in the same house on different floors. He has further explained that he did not hear any type of sound like cries, quarrel, noise etc. from the room of his Bua in the night as well as in the morning nor he heard or saw anything suspicious during the night. He has also stated that when on 15.7.2014 accused told him about the arrival of police and not to feel scared, at that time his Bua was also sitting in the room but neither he nor his Bua took it seriously and that is why he did not disclose this fact. He has explained that for the first time, it was around 8.308.45 AM, when the police came to the spot that he came to know that something was wrong. He has admitted that the accused Mukesh had gone to the Railway line to commit suicide and was sitting near the track and has explained that the accused was saying "main suicide karne ke liye aya hun aur main nahi rehna chahta".
(117) Here, I may observe that the deposition of this witness Deepak @ Raj Kumar (PW15) to the extent that a day prior to the incident his uncle/ Fufaji had told him in the evening at about 6:30 PM that he would not be scared if the police comes, does not inspire confidence because had that been so he would have shared this information with the other family members which he did not do. Again, it is evident not only from the testimony of Deepak @ Raj Kumar (PW15) but also from the testimonies of brothers of the accused i.e. brothers of the accused i.e. St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 134 Govind Ram (PW19) and Shyam Lal (PW20) who are residing in the same premises, that nobody had heard anything unusual during the night or in the morning hours including the cries of the child or a lady. I am sure that in case if the child was killed by the accused first followed by the killing of Lata, it is Lata who would have raised an alarm on seeing what was happening which is not the case. Also, in case if Lata had been killed first, she would have resisted to the same and thereafter child would have also raised an alarm, which again is not the case. There are no signs of resistance in the room nor there is any evidence to show that any kind of voices or noises were heard from house of the accused. This apparently is not in confirmity with the theory that both the killings had been committed by the accused.
(118) Coming next to the testimony of the brother of the deceased i.e. Mahender (PW18) and the brothers of the accused i.e. Govind Ram (PW19) and Shyam Lal (PW20) who are all witnesses of dead body identification. In their crossexamination they are all unanimous on the fact that the accused had Mukesh was happily residing with his wife and child and they had never heard of any dispute between them. Rather, on the other hand it is the brother of the deceased Lata i.e. Mahender (PW18) who had informed the Court that the accused immensely loved his child and had remained bare footed for seeking divine intervention for purposes of curing his child. A very important facet which the Investigating Agency ignored at the time of the investigation is the state of mind and the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 135 psychological condition of the accused at the time when he made the Extra Judicial and Judicial Confessions. It is a settled law that conviction can be based on a Confession which pass the test of being free, voluntary and truthful but not those which are made under pressure least to say in a state when the accused is overwhelmed with extreme emotional and psychological distress, shock, disbelief and grief thereby taking away from him his senses of reasoning and logic due to which he wanted to end his life.
(119) In the present case despite having come to know that the accused was in a suicidal depression and had gone to commit suicide it is every unfortunate that the Investigating Officer took no steps to ensure that any medical assistance or psychiatric counselling was provided to the accused to copeup with his loss before getting his statement recorded. So also it was equally incumbent upon the Ld. Magistrate that before recording the statement of the accused that he should have been satisfied himself as regards the mental and psychological condition of the accused and more particularly after having coming to know of his state of suicidal depression, which aspect is borne out from the fact that the accused had been repeatedly telling the Ld. MM that he does not wish to live and wanted that he should be punished/ sentenced (Main saza chahta hun) which again most unfortunately was not done. It is in this state of mind when the accused was in a complete state of depression and required a psychiatric counselling to help him copeup his emotional loss, that his St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 136 statement under Section 164 Cr.P.C. was recorded. The question which now arises is whether this Court can proceed to base the conviction by relying upon the confession made by the accused (both Judicial and Extra Judicial) wherein he owned the killing of both the child and his wife. The answer to the same is obviously 'NO'. I refuse to accept this confession made by the accused Mukesh in a state of mental and psychological distress and under emotional pressure which in my considered view fails to qualify the test of being free and reliable. Further, there is no reliable confirmation from independent sources to establish the truthfulness and correctness of the claims being made by the accused Mukesh is forthcoming.
(120) I may observe that the evidence which has come on record particularly the Medical Evidence rules out the strangulation of the child Divyanshu and Smt. Lata by the same person (as discussed separately under the head of Medical Evidence) and it is this which creates a dent in the prosecution version and also to the admission/ confession made by the accused at the initial stage and rather confirms the version which the accused Mukesh has now given in the Court that the child was killed by his wife and thereafter in a fit of rage he strangulated his wife Lata who had herself put the wire around her neck and then smothered her in the same manner as she had smothered the disabled child. Soon thereafter the realization of what had happened, dawned on him upon which he immediately wrote down the suicide note in the diary Ex.P5 taking the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 137 blame for both the killings on himself and left his house thereafter to commit suicide on the railway tracks from where he was rescued just in time by the public persons, his family friend and the police. In so far as the aspect of the arrest of the accused Mukesh having gone to commit suicide and thereafter being caught with the help of Pritam and Deepak @ Raj Kumar is not disputed by the accused. The accused also does not dispute having made a confessional statement to the Ld. MM. (121) Merely because the accused has made a confession does not mean that the Court is supposed to accept his version to punish him for something which he has not done. At the time when the accused was apprehended he was in the state of depression. Inspector Sharat Kohli (PW25) in his testimony before the Court stated that the accused was inconsolable and repeatedly kept on saying that everything had finished and he did not want to live and also did not wish to contest the court case and stated he should be hanged (Sab kuch khatam ho gaya he aur main jeena nahi chahta. Main koi case nahi ladna chahta, mujhe fansi de do). He has also admitted that even after the filing of the charge sheet before the Ld. MM Court the accused Mukesh refused to accept the charge sheet stating that he did not wish to contest the case and he should be punished and had even refused for legal assistance. If this was the mental and psychological state of the accused Mukesh then it was necessary for the Investigating Officer as well as for the Ld. MM before whom the accused was produced to have immediately ensured that he was first St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 138 provided with all medical/ psychiatric assistance to help him to copeup with emotional distress which unfortunately was never done till such time the matter reached this Court on committal and seeing his mental and physical condition this court referred him for medical and psychiatric help to enable him to copeup with his loss, that his condition improved and his trial commenced. Being satisfied by the report of the Specialist that the accused Mukesh was showing good improvement and his ward behaviour had became satisfactory and he was taking part in recreational activities and that there was significant improvement in the components of depression, wishes/ desire for self condemnation and also regarding his physical and psychological stability, that the trial in the case commenced after the accused Mukesh was provided with legal assistance at state expenses and Amicus Curie was appointed. It is now for the first time that during the trial when the incriminating material was put to the accused that the accused for the first time the accused has informed this Court that he had wrongly taken the blame of killing his child on himself though this killing was committed by his wife and it was this which provided an explanation into the reason for the killings.
(122) I may observe that a specific question was put to the Investigating Officer Inspector Sharat Kohli that the pressure abrasion marks of child Divyanshu and of late Smt. Lata were of different sizes and also admitted that he had not made any query from the Autopsy Surgeon if the same person was the author of both the killings or it could be work of St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 139 different persons on which he informed that he did not investigate this aspect as to whether the killing of the child Divyanshu or lady Lata was by the same person or different persons and has stated that since the accused had confessed to his guilt hence he did not do so. It is very strange that the Investigating Officer despite having realized that the accused was not mentally and psychologically stable and also despite the fact that the medical evidence on the face of it indicated that the killing of the child Divyanshu and lady Lata could have been made by different persons, he made no efforts to investigate into the correctness of the claims by the accused.
(123) Before this Court both the Autopsy Surgeons Dr. Manoj Dhingra (PW17) and Dr. Vivek Rawat (PW24) have admitted that the nature of injuries pressure abrasion marks on the neck of both the deceased child and the lady were of different size and shape and were possibly caused by different persons. It is this which gives credence to the statement now made by the accused before this Court under Section 313 Cr.P.C. wherein he has admitted the killing of his wife Smt. Lata but not the killing of the child Divyanshu and has also narrated the circumstances under which the incident had taken place. The accused on his part does not dispute the investigations regarding the presence and lifting of wire, iron/ press, pillow, gamcha, etc. from the spot of incident. (124) This being the background, I hereby hold that the Extra Judicial Confession made by the accused Mukesh vide Ex.P5 and the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 140 Judicial Confession vide Ex.PX3 were made by the accused in a state of extreme emotional and psychological distress and pressure and were not free and hence it is not safe to rely upon the same in the absence of independent reliable confirmation particularly on the aspect of killing of the child Divyanshu. However, in so far as the confession of the accused (both Extra Judicial and Judicial) as regards the death of Smt. Lata is concerned, I find independent confirmation coming from the medical evidence to support the version given by the accused Mukesh that it was his wife Lata who killed the child Divyanshu as a result of which he lost his balance of mind when he saw the dead body of the child lying on the floor with swelling on his face and when she told that she had silenced the child forever, that he killed his wife with the same wire of electric press. I may observe that though according to the accused his wife herself had wrapped the wire around her neck and the same got pulled but it stands established from the medical evidence that there was a smothering after the strangulation (as per postmortem report of Lata) which rules out accidental death and establishes that killing of Lata was homicidal. (125) Now coming to the aspect whether under the given circumstances the case of the accused would fall under Section 300 Indian Penal Code or the Exceptions there to, I may observe that as per the provisions of Section 300 Indian Penal Code culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or if it is done with the intention of causing such bodily St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 141 injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or if it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or if the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid and this is punishable under Section 302 Indian Penal Code. There are five exceptions provided to the above. Firstly culpable homicide is not murder if the offender, whilst deprived of the power of selfcontrol by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. I may observe that this exception is also subject to the proviso that the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person; the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant; the provocation is not given by anything done in the lawful exercise of the right of private defence; the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. Secondly Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 142 death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence. Thirdly Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without illwill towards the person whose death is caused. Fourthly Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner and it is immaterial in such cases which party offers the provocation or commits the first assault. Lastly Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. [Reference in this regard may be made to the case of Kundaswamy Vs. State of Tamil Nadu reported in 2008 (11) SCC 97].
(126) The academic distinction between 'murder' and 'culpable homicide not amounting to murder' has always vexed the Courts. The confusion is caused, if Courts losing sight of the true scope and meaning of the terms used by the legislature in these sections, allow themselves to be drawn into minute abstractions. The safest way of approach to the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 143 interpretation and application of these provisions seems to be to keep in focus the keywords used in the various clauses of Sections 299 and 300 Indian Penal Code. (Ref.: Daya Nand Vs. State of Haryana reported in AIR 2008 SC 1823).
(127) Whenever a court is confronted with the question whether the offence is 'murder' or 'culpable homicide not amounting to murder' on the facts of a case, it will be convenient for it to approach the problem in three stages. The question to be considered at the first stage would be, whether the accused has done an act by doing which he has caused the death of another. Proof of such causal connection between the act of the accused and the death, leads to the second stage for considering whether that act of the accused amounts to "culpable homicide" as defined in Section 299. If the answer to this question is prima facie found in the affirmative, the stage for considering the operation of Section 300, Penal Code, is reached. This is the stage at which the Court should determine whether the facts proved by the prosecution bring the case within the ambit of any of the four Clauses of the definition of 'murder' contained in Section 300. If the answer to this question is in the negative the offence would be 'culpable homicide not amounting to murder', punishable under the first or the second part of Section 304, depending, respectively, on whether the second or the third Clause of Section 299 is applicable. If this question is found in the positive, but the case comes within any of the Exceptions enumerated is Section 300, the offence would still be 'culpable homicide St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 144 not amounting to murder', punishable under the First Part of Section 304, Indian Penal Code. Note: All murders are culpable homicide but not vice aversa. (Ref.: State of A.P. Vs. Rayavarapu Punnayya reported in AIR 1977 SC 45).
(128) In the case of Balu @ Balamurugan Vs. State, in Criminal Appeal No.361 of 2012, decided on 4.2.2013 the Hon'ble Madras High Court had observed and I quote as under:
"....... To find out what is the nature of the offence the accused has committed, whether it was culpable homicide not amounting to murder, whether there exists any mitigating circumstances under which the killing was committed by the accused, whether the accused has committed the offence under grave and sudden provocation or due to sustained provocation even the incriminating information contained in the confessional statement can be referred to, in order to dilute the rigour of punishment, namely, from Section 302 IPC to Section 304 part (i) or part (ii) IPC, as the case may be. It is to the benefit of the accused. Thus, for the benefit of the accused, even the incriminating part containing in a confessional statement of the accused can be referred to. In this connection, let us also see some of the decided cases in which this aspect has been highlighted. MOTTAI THEVAR [AIR 1952 Madras 586], Somasundaram.J., while agreeing with the conclusions arrived at by Mack.J. in his separate judgment, observed as follows: (10). Section 25, Indian Evidence Act says that no confession made to a police officer shall be proved as 'against ' a person accused, of any offence. I underline the word 'against'. The confession St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 145 does not therefore prohibit the use of it in favour of the accused. 33. In MOTTAI THEVAR [supra], the Division Bench referred to a part of the information in the confessional statement of the accused that due to grave and sudden provocation, he had killed his wife, and reduced his life sentence to 7 years Rigorous Imprisonment. 34. In re RAYAPPA ASARI [1972 CRL.L.J. 1226], MOTTAI THEVAR [supra] has been followed by another Division Bench of this Court. Such a view also has been taken in re GANESAN [1972 L.W. (Crl.) 42]. 35. Subsequently, in re THANDAVAN [1973 CRL.LJ.1041], a Division Bench of this Court referred to the statement of the accused in his confessional statement to police that his wife told him that it is not possible for him to check her from indulging in adultery
17. In Sankarlal alias Sankarayee v. State reported in 1989 L.W. (Crl.) 468 a Division Bench of this Court has held that the term 'self control' in Section 300 I. P.C. is a subjective phenomenon and it can be inferred from the surrounding circumstances of a given case. In order to find out whether the last act of provocation upon which the offender caused the death was sufficiently grave as to deprive him of the power of self control, we have to take into consideration the previous act of provocation caused by the deceased person. This principle of sustained provocation has been considered by this Court in a number of decisions following the observations of the Supreme Court in K. M. Nanvati v. State of Maharashtra .
Provocation was upheld by this Court in Suyambukani v. State reported in 1989 L. W. (Crl.) 86. This decision was followed by this Court in a number of later decisions including a decision in Ganesan v. State St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 146 reported in 20062L. W. (Crl.) 656 : 2007 Cri LJ 10.
19. In a landmark decision in K.M. Nanavati v. State of Maharashtra . the Hon'ble Supreme Court of India has laid down the following principles regarding the Exception 1 to Section 300 I. P.C.:
1. The test of grave sudden provocation is whether a reasonable man, belonging to the same class of society as the accused, placed in situation in which the accused was placed would be provoked as to lose his self control.
2. In India, words and gestures may also, under certain circumstances, cause grave and sudden provocation to an accused so as to bring his act within the first Exception of Section 300 I.P.C.
3. The mental background created by the previous act of the victim may be taken into consideration in ascertaining whether the subsequent act caused grave and sudden provocation for committing the offence.
4. The fatal blow should be clearly traced to the influence of passion arising from that provocation and not after the passion has cooled down by lapse of time, or otherwise giving room and scope for premeditation and calculation....."
(129) Applying the settled principles of law to the facts of the present case, it is apparent from the evidence which has come on record that the accused Mukesh was deeply in love with the disabled son Divyanshu aged 06 years and so much so that for two years he remained bare foot for seeing divine intervention for purposes of curing his child. The deceased Lata was pregnant by eight months and the disabled child Divyanshu aged 6 years of age was still soiling his clothes which irritated St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 147 Smt. Lata who was finding it difficult to handle him. It is in this background that on 16.7.2014 in the morning while sleeping the mentally and physically retarded child Divyanshu reached towards the bed of Smt. Lata, she pulled him badly on which Divyanshu started crying. The accused Mukesh then woke up and told Smt. Lata that he would send her to her parental house till her delivery as she was pregnant but she got annoyed and started abusing the child Divyanshu. Meanwhile, Mukesh consoled his son and went to toilet and after 15 minutes when he came back to the room, he saw that Smt. Lata was sitting and the child Divyanshu was lying on the floor and there was swelling on his face and when he asked his wife what happened on which she told him that she had silenced him in calm forever ('maine use hamesha ke liye shant kar diya hai"). It is then that the accused lost control over himself. Thereafter what resulted in the fit of rage is something which is beyond all comprehensions. No doubt, there is every possibility that Smt. Lata could have tied the wire of the press/ iron over her neck in order to commit suicide on which the accused having lost his mind and pulled the wire and then strangulated Smt. Lata but the fact that he then smothered her confirms the homicidal nature of death. Further, the fact that after realizing that Lata too had expired in his arms and finding that within seconds his entire family was finished, he became desperate to kill himself in which process he wrote a suicide note taking the blame for both the killings, confirms his extreme disturbed state of mind and the explanation St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 148 that he took the blame for both the killings, so that the police may not harass his family and thereafter went to the Railway Lines Mundka for committing suicide where he was saved by the public persons particularly his friend Pritam and nephew Deepak @ Raj Kumar appears to be probable and truthful. The extremely disturbed/ depressive statement of mind of the accused is writ large from the fact that even when he was first produced before the Ld. MM and was being repeatedly produced before the various courts, it was noticed by the Ld. Courts that the accused Mukesh frequently broke down inconsolably during the proceedings. Even before this Court whenever he was narrating the incident, he was consistent about the manner in which the incident happened but he has always blamed himself for the same and has never asked for any leniency but has repeatedly pleaded that he should be punished. It was much later during the trial after Mukesh was provided with the psychiatric treatment and was found to be mentally and psychologically fit, that he then informed how he had killed killed his wife Smt. Lata after seeing that the disabled child Divyanshu was killed by Smt. Lata. (130) The evidence which has come on record i.e. the circumstantial, medical and forensic evidence does not support the version of the prosecution and the confession of the accused regarding the accused having committed both the murders and is confirmatory to the second version which has emerged regarding the killing of the mentally and physically challenged child Divyanshu by his wife Smt. Lata and the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 149 accused Mukesh having lost his self control on account of this grave provocation pursuant to which he caused the death of his wife Lata by strangulation and smothering, stands established. (131) It has been accepted by the Courts that when a person loses the selfcontrol under "grave and sudden" provocation, he loses all faculties of calculation and balance of mind. The very callous act of the accused in catching hold of his wife by the neck when she had tied the wire of electric press around her neck clearly goes to show that the accused Mukesh Kumar Chauhan lost his self control under the shadow of provocation of the killing of his mentally and physically deranged child by his wife Smt. Lata. The Circumstances which have emerged from the record establishes that the occurrence had taken place in a sudden and grave provocation so as to invoke the Exception 1 to Section 300 Indian Penal Code for which the accused is held guilty of the offence under Section 304 PartI Indian Penal Code and not under Section 302 Indian Penal Code.
FINAL CONCLUSIONS:
(132) In the case of Sharad Birdhichand Sarda Vs. State of Maharastra, reported in AIR 1984 SC 1622, the Apex Court has laid down the tests which are prerequisites before conviction should be recorded, which are as under:
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 150
1. The circumstances from which the conclusion of guilt is to be drawn should be fully established.
The circumstances concerned 'must or should' and not 'may be' established;
2. The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty;
3. The circumstances should be of conclusive nature and tendency;
4. They should exclude every possible hypothesis except the one to be proved; and
5. There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
(133) Applying the above principles of law to the present case it is evident that the investigation conducted including the documents prepared in the present case have been substantially proved by the police witnesses including the first and the second investigating officers. The identity of the accused Mukesh Kumar Chauhan stands established. He is the husband of the deceased Lata and father of the deceased child Divyanshu. On the basis of the testimonies of the various prosecution witnesses and on the basis of the evidence on record the following aspects stand St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 151 established:
➢ That the accused Mukesh Kumar Chauhan was residing on the Second Floor portion of premises No.C3/178, Sultan Puri, Delhi along with his wife Smt. Lata aged 28 years who was pregnant at that time and the mentally and physically challenged child Divyanshu aged 6 7 years, while his brothers Govind Ram was residing on the first floor portion and Shyam Lal was residing on the ground floor of the same premises.
➢ That Deepak @ Raj Kumar, the nephew of Lata was also residing with Mukesh and Lata and sharing the same premises. Deepak used to have his food with the family of Mukesh but sleep on the terrace. ➢ That accused Mukesh and Lata were a happy family with no disputes whatsoever between them except for some minor day to day skirmishes which were never serious.
➢ That the physically and mentally challenged child Divyanshu aged 67 years was immensely loved by accused Mukesh who used to take great care of him so much so that for two years Mukesh had remained bare footed while praying and pleading to God to cure his son.
➢ That at the time of the incident Smt. Lata was eight months pregnant and had become highly irritable and was not able to manage the affairs of the disabled child who was growing up and St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 152 had not even developed proper toilet habits. She had become averse to the child Divyanshu who was mentally retarded and even rebuked him frequently.
➢ That a day earlier to the incident there was a verbal altercation between the accused and his deceased wife Lata who had beaten the child and had rebuked him by calling upon Manhoos (inauspicious) for them and told the accused that the presence of the mentally challenged child with them would affect the future of the unborn child (as Lata was eight months pregnant) on which the accused stopped her from being so unreasonable and there was also a physical altercation between the accused Mukesh and his wife Lata on this issue.
➢ That one day prior to the incident and in the early morning hours of the incident Smt. Lata had become highly irritable with the child Divyanshu whom she felt was a burden and curse upon them and had even beaten him but the accused had stopped her from beating the child and chastised her for this act.
➢ That later accused Mukesh went to the toilet, when Smt. Lata strangulated the child and smothered him to death with the wire of the electric iron kept in the room and when he returned and saw the child lying on the ground with his face swollen and Lata next to him. When the accused Mukesh inquired from Lata as to what had happened, Lata informed him that she had silenced the child St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 153 forever.
➢ That the accused tried to revive the child but could not succeed and in the meanwhile he noticed that Lata had put the same wire around her neck and was trying to strangulate herself on which the accused Mukesh lost his balance of mind and in the process Lata was strangulated and smothered to death.
➢ That thereafter the accused thereafter being overcome by the grief on realization that his entire family had finished, then put both the dead bodies on the ground and covered them with the bed sheets and then decided to end his life after which he wrote this suicide note which is Ex.P5.
➢ That the accused made a call to the PCR and informed the PCR official that he had killed both his child and the wife after which Mukesh left his house and went towards Mundka Railway Tracks and while leaving the house informed Deepak @ Raj Kumar that police would come to the house soon and he should not be scared. ➢ That soon thereafter police officials came to the spot and it was then that the brothers and other family members of the accused realized what had happened and also realized that accused Mukesh had gone to commit suicide on which they made frantic calls on his mobile phone.
➢ That the family members and friends of the accused Mukesh who St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 154 was trying to contact him on mobile phone came to know that he was at the Railway Tracks and also the local police tracked down the location of the accused on which they started moving on the railway tracks and found the accused sitting on the side of railway tracks in a completely distorted state and wanted to commit suicide as his entire family had finished.
➢ That the accused was thereafter arrested, brought to the Police Station and then produced before the Ld. MM where his statement under Section 164 Cr.P.C. which is Ex.PX3 wherein he repeated the version of having killed both his child and the wife and the fact that he did not want to live and that he should be punished. (134) The medical evidence on record does not confirm the prosecution case of homicidal killing of the child Divyanshu by the accused but is rather compatible with the version of the accused Mukesh which he gave to this Court that it was his wife Lata who had killed the child and thereafter when he came to know of the same, he lost his control in which Lata was strangulated and smothered. In fact the Medical Evidence confirms the presence of bruises on the lips of Lata which confirms that after her strangulation she was smothered and hence her death was homicidal and not accidental.
(135) This Court has observed that the confession made by the accused first in the alleged suicide note written by him, then to the police officers and later to the Ld. MM was not free and voluntary but made St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 155 when the accused was overcome with suicidal depression and psychological distress. The evidence which has come on record i.e. the circumstantial, medical and forensic evidence does not support the version of the prosecution and the confession of the accused regarding the accused having committed both the murders and is confirmatory to the second version which has emerged regarding the killing of the mentally and physically challenged child Divyanshu by his wife Smt. Lata and the accused Mukesh having lost his self control on account of this grave provocation pursuant to which he caused the death of his wife Lata by strangulation and smothering, stands established. (136) The very callous act of the accused in catching hold of his wife by the neck when she had tied the wire of electric press around her neck clearly goes to show that the accused Mukesh Kumar Chauhan lost his self control under the shadow of provocation of the killing of his mentally and physically deranged child by his wife Smt. Lata. When a person loses the selfcontrol under "grave and sudden" provocation, he loses all faculties of calculation and balance of mind. It is not a case where the double murder has been committed by the accused as was claimed by the prosecution but a case where he had committed the murder of his wife being suddenly provoked on account of his wife Smt. Lata who was pregnant by eight months having killed the physically and mentally challenged child, after which the accused became so distorted and that he attempted suicide which was prevented. The Circumstances which have St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 156 emerged from the record establishes that the occurrence had taken place in a sudden and grave provocation so as to invoke the Exception 1 to Section 300 Indian Penal Code for which the accused is held guilty of the offence under Section 304 PartI Indian Penal Code and not under Section 302 Indian Penal Code for the killings of Divyanshu and Smt. Lata.
(137) Be listed for arguments on sentence on 23.1.2015.
Announced in the open court (Dr. KAMINI LAU)
Dated: 22.1.2015 ASJII(NW)/ ROHINI
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 157
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS JUDGE II (NORTHWEST): ROHINI COURTS: DELHI Session Case No. 62/2014 Unique Case ID No.: 02404R0321822014 State Vs. Mukesh Kumar Chauhan S/o Late Puna Ram Chauhan R/o House No. C3/178, 2nd Floor, Sultan Puri, Delhi (Convicted) FIR No.: 764/2014 Police Station: Sultan Puri Under Sections: 302 Indian Penal Code Date of Conviction: 22.1.2015 Arguments heard on: 23.1.2015 Date of Sentence: 23.1.2015 APPEARANCE:
Present: Ms. Nimmi Sisodia, Ld. Addl. Public Prosecutor for the State.
Convict Mukesh Kumar Chauhan in Judicial Custody with Ms. Sadhna Bhatia Advocate.
ORDER ON SENTENCE:
This unfortunate case relates to the Double Murder of the St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 158 physically and mentally challenged child Divyanshu aged 6 years and his pregnant mother Smt. Lata. According to the case of prosecution the accused Mukesh Kumar Chauhan had committed the murder of both the mother and the child in a state of desperation and thereafter he attempted to commit suicide by coming in front of train but was prevented from doing so. However, on the basis of the evidence on record and the material which has come on record another version has emerged. This Court has observed that the confession made by the accused first in the alleged suicide note written by him, then to the police officers and later to the Ld. MM was not free and voluntary but made when the accused was overcome with suicidal depression and psychological distress. The evidence which has come on record i.e. the circumstantial, medical and forensic evidence does not support the version of the prosecution and the confession of the accused regarding the accused having committed both the murders and is confirmatory to the second version which has emerged regarding the killing of the mentally and physically challenged child Divyanshu by his wife Smt. Lata and the accused Mukesh having lost his self control on account of this grave provocation pursuant to which he caused the death of his wife Lata by strangulation and smothering, stands established.
The very callous act of the accused in catching hold of his wife by the neck when she had tied the wire of electric press around her neck clearly goes to show that the accused Mukesh Kumar Chauhan lost St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 159 his self control under the shadow of provocation of the killing of his mentally and physically deranged child by his wife Smt. Lata. When a person loses the selfcontrol under "grave and sudden" provocation, he loses all faculties of calculation and balance of mind. It is not a case where the double murder has been committed by the accused as was claimed by the prosecution but a case where he had committed the murder of his wife being suddenly provoked on account of his wife Smt. Lata who was pregnant by eight months having killed the physically and mentally challenged child, after which the accused became so distorted and that he attempted suicide which was prevented. Till date the accused Mukesh is in a state of remorse and desire to end his life having lost his entire family in the incident. This Court vide a detail judgment dated 22.1.2015 held the accused Mukesh Kumar Chauhan guilty of the offence under Section 304 (PartI) Indian Penal Code and not under Section 302 Indian Penal Code for the killings of Divyanshu and Smt. Lata.
Heard arguments on the point of sentence. The convict Mukesh Kumar Chauhan is a young man aged 33 years with a family comprising of three brothers and one elder sister and their families. He is a property dealer by profession. The Ld. Amicus Curie has vehemently argued that the convict Mukesh Kumar Chauhan is not a previous offender and has no criminal cases cases against him. She also submits that the convict himself is a victim of circumstances and the incident had happened in a fit of rage and is still under psychiatric treatment to help St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 160 him to copeup with his emotional distress on account of loss of entire family. She prays that a lenient view be taken against the convict Mukesh Kumar Chauhan. Ld. Addl. PP for the State does not oppose the same.
I have considered the submissions made before me. During the course of arguments the convict Mukesh Kumar Chauhan had handed over a written communication to this court expressing his desire to serve the orphans and mentally/ physically retarded children and to donate all his organs after his death, which prayer of the convict I reproduce as under:
"..... Judge Sahab Ji - Main abhi BT Ward, Jail No.3, (Dimagi aspatal) me admit hun. Mujhe yahan par mere dimagi santulan ko thik karne ke liye rakha hua hai. Par main apne dimag va sharir se puri tarah se swasth va tandrust hun. Mujhe yahan par Doctor Sahab bhi achcha paramarsh dete hain va meri achchi dekhbhal karte hain aur doctor Sahab bhi maante hain ki main dimagiroop se swasth hun. Bas main kabhi kabhar apne bivi bachchon ko yad karta hoon. Tab main emotional ho jata hoon. Mujhe mera parivar bahut yaad aata hai. Par ab main jeewan ko vyarth nahi jane dena chahta hun. Meri swaichik ichcha hai, ki main apna raktdaan va angdaan karun. Main apne jeewan ko sewa bhav me samarpit karna chahta hun. Main har do mahine me apni ichcha se raktdan (Blood Donate) karna chahta hun, va jab kahbi bhi meri mrityu hogi main apni dono aankhen va dono kidney bhi main kisi zaruratmand ko dena chahta hun. Or jab tak main jivit rahun, tab tak main anaath, amnsik va sharirik roop se kamzor bachchon ki sewa karna chahta hun. Main (Special Children) ke liye kuch karna chahta hun. Taki St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 161 mera jeewan safal ho jaye aur main yah sabhi baaten likhit me dena chahta hun.
(Mukesh Kumar Chauhan) Whatever had transpired has left the convict shattered and within seconds the course of his life had changed on account of this unexpected tragedy which wiped away his entire family and he himself was in the process of committing suicide when he was saved from taking this extreme step. Till date during the entire period of trial, I have observed the convict to be killed with a filling of remorse and self condemnation. He has no desire to live and he has become an emotional wreck pleading for punishment of death for himself. He is under psychiatric help under the directions of this Court to help him to copeup with his loss. It is said that Remorse is the punishment of crime:
Repentance its expiation. The former appertains to the tormented conscious: the latter to a soul changed for the better (Ref: Quote by Joseph Joubert). The convict has been blaming himself for the deaths of mentally & physically challenged child and his pregnant wife. He is plagued with self condemnation and wants the harshest punishment for himself for whatever has happened but under no circumstances can he be punishment for something he has not done, howsoever he may blame himself for the same. The evidence on record confirms that the convict has been a loving husband and doting father. The incident was a chance happening which the convict could never have intended or contemplated.St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 162
He deserves compassion and another chance to relive his life and hence I award the following sentence to the convict:
1. For the offence under Section 304 (Part1) Indian Penal Code, the convict is sentenced to Rigorous Imprisonment for Life and fine to the tune of Rs.2,000/ (Rs. Two Thousand Only). In default of payment of fine the convict shall undergo Simple Imprisonment for a period of 15 Days.
Benefit of section 428 Cr.P.C. shall be given to the convict for the period already undergone by him during the trial, as per rules.
The convict is informed that he has a right to prefer an appeal against this judgment. He has been apprised that in case he cannot afford to engage an advocate, he can approach the Legal Aid Cell, functioning in Tihar Jail or write to the Secretary, Delhi High Court Legal Services Committee, 3437, Lawyers Chamber Block, High Court of Delhi, New Delhi.
Further, I have also considered the request/ prayer of the convict as herein above which I am forwarding to the Superintendent Jail with the directions to explore the possibility and feasibility of the convict serving the Orphans & Special Children, Blood Donation and Organs Donation during the period of his undergoing the sentence.
One copy of the judgment and order on sentence be given to the convict free of costs and one of order on sentence be attached with his St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 163 jail warrant.
File be consigned to Record Room.
Announced in the open court (Dr. KAMINI LAU)
Dated: 23.1.2015 ASJII(NW)/ ROHINI
St. Vs. Mukesh Kumar Chauhan, FIR No. 764/14, PS Sultan Puri Page No. 164