Delhi District Court
State vs . (1) Satender @ Tinu on 27 July, 2022
IN THE COURT OF SHRI VIPIN KHARG:
ADDL. SESSIONS JUDGE04 : SOUTHWEST DISTRICT,
DWARKA COURTS: NEW DELHI
SC No. 440783/2016
CNR No. DLSW010000612009
State Vs. (1) Satender @ Tinu
S/o Late Sh. Balbir Singh
R/o Flat No.66, Plot No.31,
Suruchi Apartment, Sec.10, Dwarka
Permanent R/o Village Jharoda Kalan,
New Delhi.
(2) Davender @ Shooter
S/o Sh. Bhim Singh
R/o Village Gwalda, PS Israna
Distt. Panipat, Haryana
(3) Narender @ Pahawan
S/o Sh. Satbir
R/o Village Chhapar, Distt. Jhajjar
Haryana.
(4) Rajkumar Raghunath Singh (Expired)
S/o Sh. Vishwanath
(5) Pradeep Kumar @ Balli
S/o Sh. Subey Singh
R/o Village Kheir Gwalison, Distt. Jhajjar
Haryana
FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 1 of34
(6) Daljeet S/o Sh. Dhare (PO)
R/o Village Barona, PS Kharkhoda
Sonipat, Haryana.
(7) Lianshram Shyamjit Singh (PO)
S/o Sh. Lianshram Lambasana
R/o Chingamakha, Sorokhaibam,
Leikay, Imphal, Manipur.
(8) Lianshram Mahesh Kumar (PO)
S/o Sh. L. Dev
R/o Kaishamthong, Longjam
Keikai, Imphal, Manipur.
FIR No. : 106/2008
Police Station : Jaffar Pur Kalan
Under Sections : 302/34 IPC
Date of committal to Sessions Court : 29.05.2009
Date on which judgment was reserved : 27.07.2022
Date on which Judgment pronounced : 27.07.2022
JUDGMENT
BRIEF FACTS OF THE CASE:
1. On 04/10/2008, vide DD No. 9A information was received at PS J.P.Kalan regarding a dead body at Jeetwala Johar, village Mundhella Khurd. On receiving information police team was sent to the spot, FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 2 of34 where they found dead body of unknown person having injury on his head and found one brick smeared with blood at a distance of 1 foot from the dead body, blood was also sprinkled over the wall and they also found an empty cartridge at a distance of 15 feet from the dead body and half portion of plastic cover of butt of a pistol was found lying under the dead body and remaining half portion of plastic cover of butt of a pistol was also lying nearby. During further spot inspection, police found 2 pairs of slippers of the 'Relaxo' company at a distance of hundred metres from the dead body and also found 1 magazine containing one live bullet. IO prepared the rukka and got the present FIR registered.
2. A FIR No. 590/08 PS Jhajjar, Haryana was registered regarding double murder in which accused Satinder Kumar @ Tinu was arrested and he made disclosure regarding his involvement in the present case.
Satender @ Tinu was arrested in the present case and he disclosed that he is into transport business because of which he has to frequently go to Manipur, where he came in contact of KYKL group, whose senior members are R.K and Jugay Singh. He had meeting with R.K in Asoka Hotel, Delhi where R.K gave him contact for killing Jugay Singh for ₹10 lakhs out of which ₹ 6 lakhs were given in advance. He involved Narinder, Pradeep and Shooter with him for killing Jugay Singh and purchased one pistol for ₹ 1 lakh and Santro car No. HR26 AJ5191.
FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 3 of34
3. On 03/10/2008, Narinder, Pradeep and Shooter took the same pistol and committed double murder in Haryana regarding which FIR no.590/08 PS Jhajjar got registered. On same day, R.K asked all of them to meet near Batra cinema hall and from there, all of them except he, went to 2nd floor of a house and kidnapped Jugay Singh from there. As Jugay Singh knew him, so, he didn't go with them and from there he returned to his home. Narinder, Pradeep, Shooter and R.K brought Jugay Singh to the spot and Narender shot Jugay Singh with the pistol and killed him and at around 1:30 A.M. R.K called and informed him that they have done the work.
4. During investigation no missing report of any Manipuri person was found registered in P.S Mukherjee Nagar. Police went to 2 nd floor of House No. 490, Mukherjee Nagar and found 3 Manipuri youth staying there and found that Liansram Manjit Singh has not returned for some days and one of the flatmates Paul identified deceased through photo as Oinam Juga Singh. Accused Devender @ Shooter was arrested during investigation and he disclosed that Narinder shot the deceased and threw his shirt having blood spots near the drain. Santro car, which was used in commission of the offence was seized. Haryana police send the pistol used in commission of offence for expert opinion to FSL Madhuban, Haryana. During investigation FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 4 of34 accused Narinder, Pardeep @ Balli, Daljeet, Liansram Mahesh, Liansram Shyamjeet Singh, were declared proclaimed offenders and accused RK could not be identified and chargesheet was filed in the court.
5. After filing of main chargesheet accused Pradeep, Narinder and Rajkumar Raghunath Singh were arrested. Rajkumar Raghunath Singh was identified as R.K, who is a senior member of KYKL group. Complete set of documents were supplied to them and case was committed to the session court.
6. The accused persons namely Raj Kumar Raghunath Singh and Pradeep Kumar were tried upon the following articles of charge on 23.04.2009.
"That you both on or about 04.10.2008 at or about 10.30 am at or near Jeetwala Johar, Village Mundhela Khurd, New Delhi, within the jurisdiction of PS Jafarpur Kalan, you along with the other coaccused persons, in furtherance of your common intention, committed murder of one Oinam Juga Singh. Both of you along with other coaccused persons thereby committed an offence punishable u/s. 302 IPC read with section 34 IPC and within my cognizance.
And I hereby direct that you above named accused persons be tried for the above said offence by this Court.
ASJ02: DWARKA: 23.04.2009"
The accused persons namely Satinder Kumar @ Tinu, Davender @ Shooter and Narender were tried upon the following articles of FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 5 of34 charge on 04.09.2009 as under : "That you on or about 04.10.2008 at or about 10.30 a.m. at or near Jeetwala Johar, Village Mundhela Khurd, New Delhi, within the jurisdiction of PS Jafarpur Kalan, you all alongwith your coaccused Pradeep @ Balli, son of Subey Singh, Liansram Shyamjeet, son of Lambasana, R.K (not arrested) and Daljeet son of Dhare and Lians Ram Mahesh, son of L. Dev (since proclaimed offenders), in furtherance of your common intention committed the murder of one Oinam Juga Singh, you all thereby committed an offence punishable u/s. 302 IPC read with Section 34 IPC and within my cognizance.
And I hereby direct that you above named accused persons be tried for the above said offence by this Court.
ASJ02: DWARKA: 04.09.2009"
7. To prove its case prosecution examined as many as 51 witnesses
8. PW1 Smt. Rajrani was the public witness, who deposed that about one and half year, at about 10/11 pm, one person in plain cloths claiming himself to be a policeman, came to their house and asked her name and address. She further stated that she does not know anything more about this case. This witness was crossexamined by the Ld. APP for the State as she resiled from her previous statements given to the police. In her crossexamination, she denied all the suggestions given by the Ld. APP. This witness was not crossexamined by the ld. counsels for the accused persons.
FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 6 of34
9. PW2 is the HC Kishore Kumar who proved the DD No. 9A as Ex. PW2/A.
10. PW3 is Surender Kumar, who deposed that he gave H.No. 490, 2nd Floor, Mukherjee Nagar, which belongs to Deepak Lamba on rent @ Rs. 10,000/ per month about two years back to one lady Lidya, her brother Paul and one boy. Documents were seized and taken into possession vide seizure memo Ex. PW3/A and photographs were also taken in possession. He further stated that photographs of the dead body were not shown to him. This witness was crossexamined by the Ld. counsels for the accused persons and in his crossexamination, he deposed that rent agreement was reduced into writing in his presence and he had shown the original rent agreement to the police but the police did not collect it. He further admitted that the said rent agreements were not got executed by him. This witness had given the identity verification form and particulars qua the tenancy created through him in this case.
11. PW4 Lydia deposed in her examination in chief that on 06.10.2008 at around 99:30 PM, police came to her house in search of a guy and black car and informed her that some guy has been murdered and then she called her landlord Mr. Surender and her friend Amit. Police asked number of queries from her but she told them that she has no idea. At that time, she was residing at 409, Mukherjee FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 7 of34 Nagar in one room along with her brother Paul and in other two rooms one Laishram and a student, whose name she did not remember were staying. She further stated that police officials had come to her aforesaid rented house and asked about Laishram, cotenant. They asked her about her room and checked her room. PW4 was cross examined by the Ld. APP for the State as she resiled from her earlier statement made to the police. In her crossexamination, she has stated that Laishram @ Boy was living with them, was her friend and he had a black colour car but she doesn't remember whether its number was DL4CS6671. She further admitted that on the intervening night of 3 4.10.2008, she was on night duty and her brother Paul was at the residence. She further stated that she doesn't remember anything else and whatever she knows she has told before the court. She was not crossexamined by the ld. counsels for the accused persons.
12. PW5 Sunita is the witness who deposed in her examination that she run a shop of readymade garments. She doesn't remember the date but in the month of October 2008, some police came and told her that somebody had committed murder, who purchased clothes from her shop. She further stated that police did not show her any person nor any document of purchase of goods and she gave them copy of bill on their demand. This witness was crossexamined by the ld. counsels for the accused persons and in her crossexamination, she has FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 8 of34 admitted that the copy of bill does not bear the name of any customer and she cannot identify the person to whom she sold the goods.
13. PW6 HC Jagdish Kumar deposed that he accompanied the IO on 15.10.2008 to PS Jhajjar and IO obtained some documents from there. He further deposed that at CJM, Court Jhajjar, accused Satender @ Tinu and Devender @ Shooter were produced and accused Satender @ Tinu was sent to JC. Accused Devender @ Shooter was interrogated and arrested in this case vide memo Ex. PW6/A and his transit remand was sought and during investigation accused Devender @ Shooter pointed out the place of occurrence, where the deceased was murdered.
14. PW7 A.P. Singh brought the summoned record with respect to the vehicle no. DL 4CS 7661 i.e., Ex. PW7/A.
15. PW8 ASI Attar Singh deposed that he was posted as IC, Crime Team and he along with finger print expert and photographer reached the spot at Mundhela Village and inspected the spot and prepared his report Ex. PW8/A. The report was handed over to the IO by him.
16. PW9 Ct. Arun Kumar was the photographer who was posted with Mobile Crime Team. He deposed that he took 13 photographs of FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 9 of34 dead body of unknown person from different angles and same was handed over to IO (Ex. PW9/A1 to Ex.PW9/A13). He has brought the negatives of the photographs in the court.
17. PW10 is Ct. Sukhbir Singh deposed that he on receipt of DD No. 9A alongwith SHO Inspector Baltej Singh, SI Raghuvir Singh, HC Dharampal, HC Subhash and Ct. Mani Ram reached at the spot in a government vehicle where one dead body was found lying. IO handed over to him a rukka for registration of FIR and he went to PS for registration of the FIR and came back at the spot along with copy of FIR and original rukka and same were handed over to the IO Inspector Baltej Singh and his statement was recorded by the IO in this regard.
18. PW11 HC Sandeep deposed that on 04.10.2008 he delivered copy of FIR to Ld. Area MM and senior officers of police.
19. PW12 Ct Bhala sharma, has deposed that on 04.10.2008 he was posted at PCR and was working at Channel no. 134 and on receiving of message from Deepak Sharma, which was recorded subsequently and thereafter was sent to Command room and concerned PS. She brought the computerized copy of the same as Ex. PW12/A. FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 10 of34
20. PW13 HC Surender Singh deposed regarding deposit of various exhibits by IOs and prepared entries in Register no.19 as Ex. PW13/A to Ex. PW13/D he also deposed that on 25.11.2008 he handed over 13 exhibits to SI Rajnish Yadav for handing over the same to FSL vide RC No. 31/21, which is Ex. PW13/E. He proved disclosure statement of accused Devender as Ex. PW13/F and pointing out memo as Ex. PW13/G and seizure memo of Nokia mobile and clothes worn by Devender @ shooter as Ex. PW13/H. On 24.10.2008, he went to RTRM hospital, Mortuary and collected six pullandas with sample seals of doctor and he handed over the same to IO Inspector B S Malik who had seized vide memo Ex. PW13/J.
21. PW14 ASI Akbar Khan of Haryana Police deposed that on 03.10.2008, he along with SHO Satya Narain and complainant went to village Chappar in the area of PS Jhajjar in connection with FIR No. 590/08 and near the street of the complainant, they found two empty cartridges near the house of Ashok and the same were seized vide seizure memo Ex. PW14/A and Ex. PW14/B. On 05.10.2018, accused Satender @ Tinu was arrested in case FIR no. 590/08 of PS Jhajjar and from his possession Santro Car bearing No. HR 26 AJ 5191 was seized vide seizure memo Ex. PW14/C. FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 11 of34
22. PW15 HC Kuldeep Singh proved entry contained in the register no. 19 pertaining to the car involved in this case and same was Ex. PW15/A.
23. PW 16 Hardeep Singh, Draftsman deposed that on 06.10.2008, he visited the spot on the request of Inspector Baltej Singh Malik and took rough measurements and notes at the instance of the IO and he prepared the scaled site plan Ex.PW16/A on 21.10.2008.
24. PW 17 ASI Subhash was one of the police officers, who accompanied IO along with other police officers to the spot and deposed about proceedings conducted by the IO on day of incident i.e., 4/10/08 and prove the seizure memo of all the articles recovered from the spot on 4/10/08 as Ex.PW17/A to Ex.PW17/F. He further deposed that on 6/12//08 on direction of IO, he obtained call details of 34 mobile numbers. He identified the brick as Ex.P1, hairs as Ex.P2, chain as Ex.P3, buttons as Ex.P4, cotton gauze as Ex.P5, blood stain control as Ex.P6, earth control as Ex.P7, pair of Raxine chappal as Ex.P8, pair of Relaxo chappla as Ex.P9, watch as Ex.P10, magazine as Ex.P11 and plastic cover of butt of pistol as Ex.P12, all recovered by the IO from the spot near the death body. In his crossexamination he deposed that site plan was prepared in his presence and denied all the suggestions given to him by counsels of the accused persons.
FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 12 of34
25. PW18 HC Suresh Chand deposed that on 27.12.2008 on the directions of the IO, he had gone to Lets Travels, Pitampura and served notice under section 91 Cr. PC and had obtained the documents and handed over to the IO who had seized vide seizure memo Ex. PW18/A.
26. PW19 Dr. Parvinder Singh proved PM report of deceased Oinam Juge Singh, aged about 37 years as Ex. PW19/A.
27. PW20 HC Sunder was already examined as PW13
28. PW 21 Deepak deposed that on 04.10.2008 while he was going to his fields in the morning and when he reached near Jeet wala Jhor at about 6:15 am, he noticed one injured person was lying facing downwards near the boundary wall of Johar and blood was oozing from his body and he informed at 100 number from his mobile.
29. PW 22 HC Rajbir proved the FIR No. 106/08 and endorsement made on the rukka as Ex. PW22/B.
30. PW 23 ASI Rajinder Singh deposed that on 24.12.2008 on the directions of the IO, he went to Raja Garden, Transport Authority and FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 13 of34 had taken the details of the Santro car bearing No. DL 4CS 7661 and he handed over the print out of the details of the said car to the IO.
31. PW24 Sh. Sudeep Wadhwa was the director of "Lets Travel Pvt. Ltd" and deposed that in compliance of notice u/sec 91Cr.P.C received from Io, he gave all the documents to the IO. He used to receive call from one Mr. Dagar from mobile and he used to book air tickets for him. On instructions of Mr. Dagar he had booked ticket of one Jai Singh from Guwahati to Delhi for 17.08.08 and for one Pritam Kumar from Guwahati to Delhi for 24.09.08, which later on Mr. Dagar got cancelled. Mr. Dagar used to make payment from account of 'Baba Tour and Travels' maintained in the Federal bank, Bahadurgarh. He exhibited documents from Ex.PW24/A to Ex.PW24/E to E14.
32. PW25 Naresh Kumar, Senior Scientific Officer, FSL, Rohini proved FSL reports as Ex. PW25/A, Ex. PW25/B and Ex. PW25/D.
33. PW26 Parshuram, Assistant Director, Physics FSL proved FSL reports as Ex. PW26/A and Ex. PW26/B.
34. PW27 V R Anand, Assistant Director, Ballistic, FSL proved FSL ballistics report as Ex PW27/A. FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 14 of34
35. PW28 Nitin Lathwal, Assistant Manager, Federal Bank deposed that he brought summoned record i.e., certified copy of Account Opening Form of Lalita proprietor of Baba Tour and Travel. The copy of accounts opening form is Ex. PW28/A, specimen signature sheet Ex. PW28/B, letter head of Baba Tour and Travel Ex. PW28/C and the photocopies of identification proofs of Ms. Lalita are Ex. PW28/D1 to Ex. PW28/D3 and the statement of accounts is Ex. PW28/F. The photocopies of cheques Ex. PW28/E1 to Ex. PW28/E29.
36. PW29 Dr. Kumud Sharma deposed that on 30.10.2008, he conducted the postmortem examination on the dead body of Praveen, aged about 25 years at General Hospital, Jhajjar and also Naveen aged about 21 years. The PMs report of deceased Praveen Ex. PW29/A and the PM report of deceased Naveen Ex. PW29/B.
37. PW30 Dipender Verma, SDO, BSNL, Bahadurgarh deposed that mobile No. 9466594727 was issued in the name of Satya Narain and the said connection is a prepaid connection. The customer application form is Ex. PW30/B and the CDR of the said mobile from 01.09.2008 to 18.10.2008 (running into 28 pages) are Ex. PW30/C.
38. PW31 ASI Mahabir Singh deposed that on 06.10.2008, he was posted as HC at PS Jhajjar and coaccused Satender Kumar @ Tinu was in custody of SI Satya Narain Singh and in PS he made disclosure FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 15 of34 statement to the IO in his presence about his involvement in the present case and the disclosure statement is Ex. PW31/A.
39. PW32 SI Rajnish was the police officer who accompanied the Late IO / SHO B. S. Malik and deposed about the proceedings by the IO on 04.10.2018 at the spot where deadbody was found. He proved seizure memo Ex.PW17/A, Ex. PW17/B, Ex. PW17/C, Ex. PW17/D, Ex.PW17/E and Ex. PW17/F. Further deposed that on 11.10.2008, they reached PS Jhajjar and collected the documents of case FIR No. 590/08 of PS Jhajjar where accused Satender Kumar @ Tinu had made disclosure statement about his involvement in the present case. After taking permission from the court, they arrested the accused Satender Kumar @ Tinu vide Ex.PW32/A, IO recorded his disclosure statement Ex.PW32/B and took transit remand of accused and brought him to J.P. Kalan, from where he took them to H. No. 490, Mukherjee Nagar and pointed out the place from where Juge Manipuri was picked up on intervening night of 3/4.10.2008 by coaccused Narender @ Pehlwan, Balli @ Pardeep and R.K. IO prepared the pointing out memo Ex.PW32/C and after that accused took them to shop in Vikas Puri from where they purchased clothes and IO prepared pointing out memo of it Ex.PW32/D. After that IO took police custody of Satender @ Tinu and he took them to Ashoka Hotel, Chanakya Puri where he had meeting with R. K. and IO prepared pointing out memo FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 16 of34 Ex.PW32/E. Further, on 14.10.2008 accused Satender @ Tinu took them to his house and got recovered two Nokia mobiles which were seized by IO vide seizure memo Ex.PW32/F.
40. PW32 SI Rajnish further deposed that on 15.10.2008 he again joined the investigation with IO and accused Devender @ Shooter took them to Mundela Khurd, Toll Booth and at his instance IO prepared pointing out memo Ex.PW32/G. On 18.10.2008 he alongwith IO and Ct. Surender took accused Devender @ shooter to his house in Village Gwalda, Panipat and accused got recovered one Nokia mobile phone and his clothes which he worn at the time of commission of offence and IO prepared seizure memo of clothes and Nokia mobile Ex.PW13/H. On 25.11.2008 on the direction of IO he collected 13 exhibits from MHC(M) and deposited them in FSL, Rohini vide RC Ex.PW32/H and received acknowledgement from FSL Ex.PW32/I and handed over the same to MHC(M). On 02.12.2008 he alongwith Ct. Surender with the order of the court got the Santro car no. HR26AJ5191 released from PS Jhajjar and seized it vide seizure memo Ex.PW32/J and deposited it in the malkhana.
41. PW32 further deposed that on 25.02.2009, he alongwith IO moved an application for interrogation and arrest before Ld. MM, Dwarka Court and after permission arrested the accused Narender @ FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 17 of34 Pehlwan vide arrest memo Ex.PW32/K and recorded his disclosure statement Ex.PW32/L. On 28.02.2009 accused Narender @ Pehlwan took the police party to the spot where he alongwith coaccused Pradeep @ Bali, R.K. and Devender @ shooter had brought the deceased in car and he fired upon the deceased by using 9 mm pistol and at the instance of accused Narender @ Pehlwan, IO prepared the pointing out memo Ex.PW32/N. Accused Narender @ Pehlwan also produced red / light green check shirt from bushes near the road which he wore while committing the murder and IO seized the same vide Ex.PW32/O. He took the IO to the shop in Vikas Puri from where he alongwith coaccused Pardeep @ Bali purchased clothes and IO prepared pointing out memo Ex.PW32/P. He also took IO to the house in Mukherjee Nagar from where they kidnapped the deceased and IO prepared the pointing out memo Ex.PW32/Q.
42. PW 33 Israr Babu, Nodal Officer, Vodafone deposed that he brought the summoned record i.e. customer application form of mobile No. 9999180781 and 9953157819, the CAF is Ex. PW33/A and PW33/D respectively and the CDR of mobile No. 9999180781 from 01.09.2008 to 10.11.2008 are Ex. PW33/B and the CDR of mobile phone no. 9953157819 for the period 01.09.2008 to 17.10.2008 is Ex. PW33/E. FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 18 of34
43. PW34 Sh. L.Dongkhanmang deposed that he purchased mobile no. 9818933891 on 12.07.2008 but lost it after 23 months but didn't report it to the police.
44. PW35 Bhalinder Singh Saini deposed that he was the caretaker of the property and his sister namely Sunita Saini had given authority to let out the premises and he had given the said property on lease vide lease agreement Ex.PW35/A where the tenants were Mahesh Kumar Laishram and Satish Kumar Laishram.
45. PW36 Inspector Jai Prakash deposed that on 24.02.2009, he was posted at PS Vasant Kunj and after receipt of secret information, he along with his staff apprehended accused Narender @ Pehalwan and arrested him vide memo Ex. PW36/A and he prepared kalandara Ex. PW36/C and he gave information to police of Jaffarpur Kalan.
46. PW37 SI Labh Singh deposed that on 24.02.2009 on receiving secret information, SI Jai Prakash along with him arrested accused Narender u/sec 41.(1) Cr.p.c.
47. PW38 Retd. ACP Baltej Singh Malik, was the IO of the case, who deposed partially on 04.10.2008 but after that he couldn't be FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 19 of34 further examined as got expired.
48. PW39 Inspector Satya Narain, Haryana Police, deposed that on 05.10.2008, during investigation of case FIR no. 590/08, PS Jhajjar he arrested accused Satender Kumar @ Tinu vide arrest memo Ex. PW39/1 and one Santro car bearing No. HR 26AJ 5191 was recovered from accused Satender Kumar @ Tinu and he seized the same vide seizure memo Ex. PW14/C. On 06.10.2008, accused Satender Kumar @ Tinu was taken out of lock up of PS Jhajjar and during interrogation, he made disclosure statement Ex.PW31/A wherein he disclosed his involvement in the present case. On 10.10.2008, accused Satender Kumar @ Tinu was taken out from the lock up and he made further disclosure statement Ex.PW39/2 and in pursuance of said disclosure statement, accused Satender Kumar @ Tinu led them to his house at Jharoda Kalan and got recovered one country made pistol .32 bore and another pistol of 9 mm. He prepared sketches Ex. PW39/3 and PW39/4 respectively of both the pistols and seized both the pistols vide seizure memo Ex. PW39/5 and Ex.PW39/6 receptively and deposited in the Malkhana. Witness identified the accused Satender @ Tinu in the court and Santro Car is Ex. C1.
The Malkhana Mohrar, PS Jhajjar, filed copy of FIR no. 115/2016 PS Jhajjar which is Mark A and at Sl no. 130 in Mark A it is mentions that case property of the present case got destroyed by Mob FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 20 of34 in Jaat Arakshan Andolan.
49. PW40 SI Murari Lal, Haryana Police deposed that on 6/10/08 he joined investigation of case FIR No. 590/08 P.S Jhajjar. IO interrogated accused Satender @ Tinu in his presence in court and his disclosure statement is Ex.PW31/A bearing his signature at Point 'X'. in his disclosure statement he disclosed about committing present case.
50. PW41 R K Singh, Nodal Officer, Bharti Airtel Ltd deposed that he had handed over the CAF and CDR of mobile phone Nos. 9818558169, 9810979307 and 9818933891. The said mobiles were issued in the names of Jogender Kumar, Mahesh Kumar Laishram and L.Dong Khan Mang respectively and the CAF of the said mobiles are PW41/2, PW41/1 and Ex.PW41/3 respectively. The CDR of mobile No. 9818558169 , 9810979307 and 9818933891 is Ex. PW41/6, Ex. PW41/4, Ex.PW41/7 respectively.
51. PW42 ASI Suresh Kumar, Haryana Police deposed that on 10/10/08 he joined investigation of case FIR No. 590/08 P.S Jhajjar and deposed about the proceedings conducted by the IO in his presence and recovery of 2 pistols from the house of accused Satender @ Tinu.
52. PW43 Sh. Rajbir deposed that on 30/10/2008 accused Narender FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 21 of34 @ Pehalwan along with other persons attacked his house and killed his sons Naveen and Praveen with firearms. Police recovered 2 used cartridges from his house.
53. PW44 SI Shri Niwas, Haryana Police and PW45 Retd DSP Rajender Singh deposed that on 23.09.2008 PW45 arrested accused Pradeep in FIR no. 298/09 PS Guhana, Sadar and he had made disclosure statement of his involvement in the present case and same is Ex. PW44/1.
54. PW46 ASI Dharampal deposed that on 04.10.2008, he alongwith IO, HC Subhash, SI Rajnish and Const. Sukhbir reached to the spot i.e. Jeet wala Johar, Village Mundela Khurd and on the instructions of the IO, he had deposited the dead body at RTRM Mortuary.
55. PW47 HC Jitender, Haryana Police, deposed that on 12.11.2008, he deposited Exhibits of FIR no. 590/08, PS Jhajjar, in FSL, Madhuban, vide RC no. 171/08 and handed over copy of receipt to MHC(M).
56. PW48 ASI Satbir Singh deposed that on 24.10.2019, on receiving information regarding arrest of accused Praveen @ Bali in FIR no. 590/08, PS Jhajjar, he got issued production warrant from court and on 28.10.2009, accused pradeep @ Bali was arrested by IO FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 22 of34 Inspector B.S Malik in the court.
57. PW49 Ajay Kumar MV registration clerk had brought summoned record of Santro no. HR 26AJ5191 and it is registered in the name of Dharmender. Same were Ex. PW49/1(colly).
58. PW50 Const. Birender Kumar deposed that the Santro Car bearing No. DL 4CS 7661 was in the name of Laishram Shyamjeet Singh and the certified copy of the record is Ex. PW50/1.
59. PW51 Retired SI Hari Prakash deposed that on 14.12.2009 he got the copy of documents of case FIR no. 298/09 in which accused Pardeep @ Bali was arrested and same are marked as Mark 51/A (colly) and handed over them to the IO.
60. On 13.05.2019, as all public witnesses were examined, therefore prosecution evidence was closed and matter was fixed for recording of statement of accused u/s 313 Cr. PC.
61. On 07.04.2021, separate statement of all the accused persons u/s 313 Cr. PC was recorded in which they denied their role in the commission of the offence and stated that they do not want to lead defence evidence and matter was fixed for final arguments.
FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 23 of34
62. I have heard the arguments advanced by the Ld. Addl. PP for the State and Ld. Counsel for the accused and have perused the record.
63. There is no eye witness to the murder in the present case and the whole case of the prosecution is based on the circumstantial evidence. The circumstantial evidence on which the prosecution case relies upon are
(i). Recovery of dead body
(ii). Recovery of plastic butts of pistol, empty cartridge and Magazine containing live cartridge from the murder spot.
(iii). Recovery of alleged weapon of offence i.e. Pistol from accused Satender @ Tinu.
(iv). Recovery of check shirt worn by accused Narender @ Pahalwan while committing the murder.
(v). Recovery of Santro Car no. HR26AJ5191 in which accused persons kidnapped the deceased.
Identification of the dead body.
64. As per the chargesheet, during investigation dead body was identified as that of Oinam Jugay Singh through photographs by one Paul but during trial prosecution failed to examine Paul as its witness. Further, during investigation, dead body was got identified from Sh. Ibachouba Singh, Ex Counselor, Nambol Dist. Bishnopur, Manipur and FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 24 of34 Oinam Ibamcha Singh, S/o O. Hera Singh, Dist Bishnopur, Manipur, who was younger brother of Oinam Jugay Singh, but both of them were not examined by the prosecution. Prosecution did not examine any witness who identified the dead body. Further, it is admitted by prosecution that there is no missing report of any person by name of 'Oinam Jugay Singh'.
65. Prosecution has send the samples collected from the murder spot to the FSL and from the FSL report Ex. PW25/A and Ex. PW 25/B, it is only proved that dead body is of a human and except this prosecution did not bring on record any document regarding identity of the dead body. Therefore, identity of the dead body as that of 'Oinam Jugay Singh' could not be proved on record by the prosecution.
66. The whole case of the prosecution was that due to intra group rivalry, accused R.K @ Raj Kumar Raghunath Singh hired accused Satender @ Tinku (who in turn hired other coaccused) for Rs. 10 Lakhs to eliminate his fellow KYKL Group member Sh. Oinam Jugay Singh. The nonidentification of deadbody as that of Oinam Jugay Singh took wind out of the case of the prosecution.
FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 25 of34 Linking of Pistol recovered from accused Satender @ Tinu with articles recovered from the murder spot.
67. In FIR no. 590/08, PS Jhajjar Haryana, accused Satender @ Tinu made disclosure statement i.e. Ex.PW31/A & Ex.PW32/B regarding his involvement in the present case and stated that coaccused Narender, Pardeep and Shooter after taking pistol from him committed double murder in case FIR no. 590/08, PS Jhajjar, and also committed the murder in the present case with the same pistol. At pointing out of Satender @ Tinu, the pistol was recovered from his house by Haryana Police in case FIR No. 590/08, PS Jhajjar. After the recovery of the pistol, the same was sent for the expert opinion by the Haryana Police to the FSL Madhuban, Haryana.
During cross examination of PW39/Inspector Satyanarayan, Haryana Police, who is the IO of the case FIR no. 590/08, PS Jhajjar Haryana, it was brought on the record that case property of the said case got destroyed by Mob in Jaat Arakshan Andolan and regarding the incident FIR no. 115/16, PS Jhajjar is registered. Perusal of FIR no. 115/16, PS Jhajjar, shows that at Sl. no. 130, it is mentioned that case property which includes the pistol of case FIR no. 590/08, PS Jhajjar got destroyed.
68. As per the case of the prosecution, due to the destruction of the pistol in mob violence, police could not compare and connect it with the FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 26 of34 two plastic butts, used cartridge and magazine recovered from the murder spot in the present case. Therefore, prosecution could not prove that the pistol recovered from the house of accused Satender @ Tinu at his pointing out in case FIR no. 590/08, PS Jhajjar Haryana, was the weapon of offence used to commit the murder in the present case. Important thing to note is that pistol was recovered in 2008 and Jaat Andolan took place in 2016 in which pistol got destroyed in mob violence. There was time of about 8 years with police, in the present case, to collect the pistol from Haryana Police and send it to FSL for comparing / connecting with articles recovered in the present case but police did not take any steps and this proved fatal to the case of the prosecution as prosecution fails to link the two plastic butts of pistol, empty cartridge and magazine recovered from the murder spot with the pistol which was recovered from the possession of accused Satender @ Tinu in case FIR no. 590/08, PS Jhajjar, Haryana.
Recovery of Shirt worn by the accused Narender @ Pahalwan while committing the murder.
69. As per the prosecution case, Accused Narender @ Pahalwan shot the deceased with the pistol and after committing murder threw his red/light green check shirt, which he worn while committing the murder, in the bushes near road. During investigation, the above mentioned FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 27 of34 shirt was recovered at the instance of accused Narender @ Pahalwan, and same was seized via seizure memo Ex. PW32/O. The said shirt was sent to the FSL, and FSL report Ex. PW25/D shows that same was exhibit 18 but no blood was detected on it.
If, there was no blood on the shirt worn at the time of committing the murder and there was no eye witness to the murder then there is no reason to throw away the shirt by the murderer.
70. Further, prosecution examined PW5 i.e. owner of shop from where shirt was allegedly purchased by the accused before committing murder but deposition of PW5 shows that PW5 Sunita did not identify the accused or the cloth purchased from her shop and only gave copy of bill to the police. So, prosecution failed to connect the check shirt seized vide memo Ex. PW32/O with the murder in the present case.
Recovery of Santro Car No. HR26AJ5191
71. It is the prosecution case, that accused persons kidnapped the deceased from his room in Mukherjee Nagar and brought him to the murder spot in Santro Car no. HR26AJ5191. No forensic examination of the Santro Car was done during investigation to show that deceased was transported in it. Further, no eye witness was examined by prosecution who has seen the deceased going in the FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 28 of34 above mentioned car. The only document regarding the Santro Car brought on record is Ex. PW49/1 (Colly) as per which, its registered owner is one Dharmender, and who have nothing to do with the present case. Further, Dharmender was not examined by prosecution. Even if, Dharmender was examined and he had deposed that accused Satender @ Tinu purchased the car HR26AJ5191 from him, even then, it will have no effect on the case as purchasing a car is no offence. So, prosecution has failed to connect Santro Car No. HR 26AJ5191 with the murder in the present case.
72. So, as discussed above, all the circumstantial evidences on which prosecution is relying to prove its case against the accused persons regarding the murder of the deceased could not be proved on the record.
Conspiracy
73. According to the prosecution, accused Satender @ Tinu used to go to Manipur as he was in transport business and there he met accused Raghunath Singh @ RK. Prosecution examined PW24 Sh. Sudeep Wadhwa, who is director of travel agency and submitted that one person named Dagar twice booked tickets to Guwahati from them for two different persons and he also said that he has never met Mr. Dagar. The two persons for whom tickets were booked are Jai Singh FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 29 of34 and Pritam Kumar and they have no connection with the present case. Further, the testimony of PW24 and documents Ex.PW24/A to Ex.PW24/E1 to E14 does not in any way have any connection with the accused Satender @ tinu. Prosecution also examined PW28 Nitin, Asst. Manager, Federal Bank, who brought the bank statement of the travel agency but same also does not throw any light on the fact that accused Satender @ tinu used to go to Manipur. Even if for arguments sake, court accepts that Satender @ tinu used to go to Manipur, even then, same does not fasten any culpability on accused as he has every right to go to any part of India for his business and profession. Prosecution was required to show that accused Satender @ Tinu used to meet accused Raghunath @ RK but to prove that prosecution has not brought any evidence on the record.
74. Further, as per the prosecution case, accused persons used to have meeting and entered into conspiracy in Ashoka hotel and to prove it they have examined PW7 Sh. A. P. Singh, Manager (Security), Ashoka hotel and as per his statement Santro Car No. DL4CS7661 used to come to the hotel but he cannot tell who were sitting in the car and what they used to do in the hotel. As per Ex.PW50/1 the above mentioned Santro Car is registered in the name of accused Laishram Shyamjit Singh. No role has been assigned to the accused Laishram Shyamjit Singh in the murder of the deceased and only role assigned FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 30 of34 to him was his participation in conspiracy. Further, no role of the Santro Car no. DL4CS7661 was found in the committing of murder as as per the case of prosecution, accused Satender @ Tinu purchased Santro Car No. HR26AJ5191 from the money received by him from the accused RK for committing murder and Santro Car No. HR26AJ5191 was used in kidnapping the deceased.
75. There is no link of Santro Car No. DL4CS7661 with the murder committed in the present case. Merely the fact that a car was registered in the name of a person and it has frequently gone to a particular hotel does not fasten any culpability on the owner of the car. Prosecution failed to prove that any meeting between the accused persons took place in the Ashoka Hotel. So, not an iota of evidence has been brought on record by the prosecution regarding the alleged conspiracy.
76. To prove that accused persons Narender, Pradeep and Shooter alongwith RK kidnapped the deceased from the Mukherjee Nagar room and transported him in car Santro No. DL4CS7661 to the murder spot prosecution examined PW1 Raj Rani, PW3, Surender Kumar and PW4 Lydia but all of them turned hostile and did not support the case of the prosecution and stated that they did not see anyone taking away anyone from the Mukherjee Nagar house. Except FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 31 of34 them, all the public witnesses examined were of formal nature as PW5 was the owner of shop from which accused persons allegedly purchased clothes, PW21 made the first call to the PCR and PW34 and PW35 deposed about giving property of Mukherjee Nagar on rent and none of them deposed anything about the conspiracy, kidnapping or murder of the deceased. Prosecution failed to bring anything on the record to show that accused persons have kidnapped anyone.
77. The findings on the various facts in issue recorded thus far in the judgment may be summarized as under:
(i) Identity of the dead body as that of 'Oinam Jugay Singh' could not be proved.
(ii) Prosecution could not prove that the pistol recovered from the house of accused Satender @ Tinu at his pointing out in case FIR no. 590/08, PS Jhajjar Haryana, was the weapon of offence used to commit the murder.
(iii) Prosecution failed to connect the check shirt seized vide memo Ex. PW32/O with the murder.
(iv) Prosecution failed to prove that accused persons have kidnapped anyone.
FIR No. 106/08 PS Jafarpur State V/s Satender @ Tinu etc. Page 32 of34
(v) prosecution has failed to connect Santro Car No. HR26AJ 5191 with the murder.
(vi) No evidence brought on record regarding the alleged conspiracy.
78. It is quite the position of the law that circumstantial evidence must be commensurate with no interpretation other than the guilt of the accused and all links in such circumstantial evidence ought to be proved beyond reasonable doubt. However, in the present spectrum of evidence, the circumstances suffer critical omissions/loop holes which operate in favour of the accused. There is no cogent evidence on record to prove that the accused persons hatched a conspiracy to commit murder of deceased and also committed the murder of the deceased.
79. The accused persons are acquitted of the charge under section 302/34 IPC.
80. All bonds except the bonds under Sec.437A Cr.PC are discharged.
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81. In view of the above discussion, PO proceedings against accused persons namely Daljeet, Lianshram Shamjit Singh and Lianshram Mahesh Kumar are hereby recalled as no evidence has been brought on record against them also. Concerned SHO be notified about the recalling of PO proceedings.
82. File be consigned to Record Room after due compliance.
Announced in open Court today (Vipin Kharb)
on 27th day of July, 2022 Additional Sessions Judge04
SouthWest, Dwarka Courts,
New Delhi
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