Delhi District Court
State vs . : 1). Laxmi on 22 February, 2017
IN THE COURT OF ASJ/PILOT COURT/NORTH DISTRICT,
ROHINI COURTS: DELHI
Sessions Case No:57573/16 & 58112/16
FIR No. : 139/04 & 119/04
U/s : 302/186/201/392/120/34 IPC & 25/54/59 Arms Act
& 411/482 IPC
P.S. : Manogl Puri & Shalimar Bagh
State Vs. : 1). Laxmi
W/o Sh. Nathu Ram
(Since Dead)
2). Joginder @ Danny
S/o Sh. Nathu Ram
R/o C-639-640, Mangol Puri.
3). Rajinder @ Jinder
S/o Sh. Nathu Ram
R/o C-570, Mangol Puri.
4). Vinod Jatav
S/o Sh. Kumar Pal
R/o B-229, Mangol Puri.
Offence complained of : 302/186/201/392/120/34 IPC
& 25/54/59 Arms Act
& 411/482 IPC
Plea of accused : Pleaded not guilty
Final Order : Convicted
Date of committal : 07.12.2004 & 08.01.2007
Date of Judgment : 22.02.2017
JUDGMENT
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 1 ::
1. On 05.03.2004, at about 11:05 PM, Inspector Ajay Kumar of Anti Homicide Section, Crime Branch Prashant Vihar, Delhi, telephonically informed that he alongwith SI Satish Kumar, Ct. Yashpal and one public witness Vijay Kumar Swami had come to C-Block, Mangolpuri for confirming some secret information. At about 8:30 PM, SI Satish Kumar and Vijay Kumar Swami went to C-
Block, Tonga Stand Gali, Mangolpuri but had not returned thereafter till time. He tried to contact them on telephone but their mobile phones are switched off. Inspector Ajay Kumar also told that he alongwith his team and beat staff tried to search them but could not succeed. He requested that this be brought to the notice of the SHO also and that those persons be searched with the help of staff. On this, DD No.38A was recorded at PS Mangolpuri. It was brought to the notice of the SHO K.G. Tyagi. The teams were constituted for the search of SI Satish Kumar and Vijay Kumar Swami but they could not be found. Thereafter, Inspector Ajay Kumar gave written complaint. On the basis of the same, the FIR No.139/2004 was registered.
2. On 06.03.2004, two head less bodies were found. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 2 ::
One near Real Polymer Factory, Bahadurgarh, which was identified to be of Vijay Kumar Swami, on the basis of built, height and a tatoo on his hand. The scene was got inspected by the Crime Team. Photographs of the spot were taken. From the spot, blood stained earth, earth control, pieces of string (naara) and hair were lifted and seized. Another head less dead body was found near Agricultural Department, Court Complex, Bahadurgarh. It was identified to be of SI Satish Kumar.
The spot was inspected by Crime Team and photographs were taken. From the spot blood stained earth, earth control, pieces of string (naara), brick pieces were lifted and seized. Both the dead bodies were lifted from the spot. Thereafter, information was received that a human head in half burnt condition is lying in the plot behind the office of property dealer. They reached there alongwith the Crime Team (West). The head was identified to be of Satish Kumar. When they searched nearby, another head, in nearby plot, in half burnt condition was found. It was identified that of Vijay Kumar Swami. Near the head of SI Satish Kumar, ash, blood stained bricks, currency notes, burnt and half burnt other State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 3 ::
articles, pieces of string (naara) and at some distance an I-card of SI Satish Kumar were found. These exhibits were firstly inspected by Finger Print Expert. Chance prints were lifted from the recovered I-card. All these exhibits were sealed and seized. Thereafter, Police Team returned to Sanjay Gandhi Memorial Hospital, Mangolpuri alongwith both the head less bodies and the skulls. Postmortem on the dead bodies was got conducted. During investigation, it was revealed that Lakshmi and her sons Vinod, Rajender @ Jinder, Joginder @ Danny and Vinod Jatav are the main suspects. Police raided the known places but they were not found. During investigation, one Santro Car having number plate of DL-6CQ-6072 was seized, which was found parked infront of house of Rajender @ Jinder.
3. On 08.03.2004, Lakshmi Sasan was arrested from the house of her daughter Moni from C-Block, Mangolpuri. She confessed her crime. She also got arrested her co-accused Rajender @ Jinder, Joginder @ Danny and co-accused Vinod Jatav from near Naga Baba Mandir, Mangolpuri Industrial Area, Phase-I, Delhi.
4. From the possession of Rajender @ Jinder, one . State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 4 ::
38 bore police service revolver, loaded with 5 live cartridges were recovered. Joginder @ Danny from F-
394, Madhipur, J.J.Colony, Delhi got recovered one polythene having two pair of blood stained wearing clothes which he disclosed that he and Rajender were wearing at the time of commission of offence. He also got recovered one blood stained knife. Crime Team was called there and they lifted the chance prints from the knife. All these articles were sealed and seized. Accused Rajender @ Jinder led the police team to Shivangi kunj, Madi Pur Flats and from there got recovered Maruti Van bearing No.HR-29J-2904. From under the mat lying infront of driver seat, one blood stained knife was recovered. Crime Team inspected the Maruti Van and knife. Chance prints and blood chance prints were lifted. Blood was also lifted from the Van. There was blood on the mats in the Maruti Van, piece of which was also seized by the police. The knife and the Maruti Van were seized. Accused Vinod Jatav got recovered the belongings of Vijay Kumar Swami from B-229, Mangolpuri. Accused Lakshmi Sassan also got recovered the belongings of Satish Kumar from house of State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 5 ::
his son Rajender @ Jinder. Accused Vinod Jatav got recovered one pair of shoes which were found smeared in mud from his house and the accused Joginder @ Danny and Rajender @ Jinder got recovered from the roof of toilet situated near house of Jugnu two pairs of shoes smeared with mud, which were also seized.
5. During investigation, it was revealed that another accused Vinod S/o Naathu Ram had been killed in police encounter regarding which case FIR No.197/2004 U/s 186/353/307 IPC and 24 Arms Act was registered at PS Hajarat Nizamuddin.
6. During investigation it was found that the Maruti van recovered with the number plate of HR-29J-2904, was having actual number DL-4CF-5015, which was stolen from the area of PS Shalimar Bagh and case FIR No.119/2004 U/s 379 IPC was already registered, on the complaint of Raghubir Singh. Raghubir Singh had informed that on the night of 10.02.2004, at about 10:30 PM, he parked his Maruti Van bearing No.DL-4CF- 5015, C.No.169045 and Engine No.1374065 infront of his house No.QU-19/C, Pitampura, Delhi on the road near Park. On 11.02.2004, when he woke up at 8:00 State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 6 ::
AM, the Van was not there. He also mentioned that earlier also his car was stolen, which was recovered and he got released the same on superdari.
7. Exhibits were sent to FSL for analysis and DNA Finger Printing. After completion of investigation, charge-sheet against the accused persons was filed. Ld. MM after complying with the provision of section 207 Cr.PC committed the case to the Sessions Court as the offence punishable U/s 302 IPC is exclusively triable by the Sesssions Court.
8. All the accused were charged for the offences punishable U/s 120B, 186/120B, 364/120B, 392/120B, 302/120B & 201/120B. Accused Rajender @ Jinder was also charged for the offence punishable U/s 25 Arms Act. In case FIR No.119/2004, accused Rajender @ Jinder was also charged for the offence punishable 411/482/34 IPC. The accused persons pleaded not guilty and claimed trial.
9. The trial in case FIR No.119/2004 continued in the court of Ld. MM. Ct. Shri Kishan was examined as PW-1. He deposed that on 14.02.2004, he was posted at Police Post Pitampura, PS Shalimar Bagh. On that State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 7 ::
day, at about 10:00 AM, SI Gyan Chand gave a rukka to him. He took the rukka to Police Station and got the FIR registered. After getting the case registered, he went to H.No.QU-19/C, Pitampura and handed over copy of FIR and original rukka to SI Gyan Chand. SI Gyan Chand inspected the scene of crime and prepared the site plan. Nothing material came in his cross-examination by the Defence Counsel.
10. Raghubir Singh was examined as PW-2. He proved his complaint regarding theft of his vehicle and he also identifed his Van as Ex.P1. During cross- examination by Ld. Addl. PP, he deposed that he does not exactly remember if on 13.05.2004, he alongwith SI Gyan Chand reached PS Mangolpur where his Maruti Van was found parked. He admitted that fake number plate of HR-29J-2904 was found on his Van.
11. SI Gyan Chand was examined as PW-3. He proved the investigation carried out by him. He got the FIR registered, proved the site plan as Ex.PW-3/A and collected the copies of disclosure statement of accused persons.
12. ASI Shiv Raj was examined as PW-4. He deposed State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 8 ::
about the arrest of accused Rajender, Devender and Vinod Jatav in case FIR No.139/2004 U/s 364/365/302 IPC and the recovery of the Maruti Van having number plate HR-29J-2904 at the instance of accused Rajender and also identified him. The witness has stood through the test of cross-examination and nothing material came on record to discredit him.
13. PW-5 and PW-6 also deposed on the lines of PW-4.
14. Ct. Ashok Kumar was examined as PW-7. On 18.03.2004, after receiving information about arrest of accused persons from PS Mangolpuri, he recorded DD No.63B in the rojnamcha of PS Shalmar Bagh. The true copy of the same is Ex.PW-7/A.
15. HC Maghender Singh was examined as PW-8. He was working as Duty Officer at PS Shalimar Bagh on 14.02.2004. He proved the copy of FIR as Ex.PW-8/A.
16. In this case, prosecution moved an application that this case be sent to the Sessions Court dealing with case FIR No.139/2004. Accordingly, the order dated 20.12.2006 was passed transferring this file to the Court of Ld. ASJ Shri Bharat Parashar, who was dealing with State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 9 ::
this case at that time.
17. Vide order dated 13.03.2012, my Ld. Predecessor passed the order that the evidence recorded in case FIR No.139/2004, PS Mangolpuri be also read in case FIR No.119/2004, PS Shalimar Bagh and the two cases were consolidated.
18. In case FIR No.139/2004 Dr. Mahender from Sanjay Gandhi Memorial Hospital was examined as PW-
1. He deposed that on 07.03.2004, while he was working as CMO in the hospital, at about 10:00 AM, one human skull in burnt condition without body was produced before him by SI Sukhbir Singh for medical examination. On examination, he found that right perital part was missing. He advised SI Sukhbir Singh to take the skull for opinion of Forensic Expert. He prepared the MLC Ex.PW-1/A.
19. On the same day, SI Sukhbir produced another skull of a human body in burnt condition. He examined the same and found that fronto perital part of the skull was missing. He advised SI Sukhbir Singh to take the skull for opinion of Forensic Expert. He prepared the MLC Ex.PW-1/B. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 10 ::
20. During cross-examination, he stated that tissues of the skull were fully burnt but the bony skull was intact.
21. Dr. V.K. Jha was examined as PW-2. He deposed that on 06.03.2004, at about 8:00 AM, he conducted postmortem on the body of Vijay Kumar Swami, aged about 32/34 years, the body was head less and skull was sent separately. On external examination, he found the following injuries:-
22. Pressure abrasion mark present over cut portion of the neck interrupted at many places masked by the cutting of the tissues. But obvious at cut margins just above underline tissues were massively bruised.
23. Decapitation cut separation mark incised in nature present over the neck. Infront of over middle of laryngeal cartilage level and over back. Incised cut were present at the level of C-5-C6 vertebra (cervical). Thus making the decapitation in whole circumference of the neck.
Lower margins of cut portion attached with trunk showed inverted margins.
24. Circular bruising with margin abraded were present over lower part of both forearm.
25. Bruises were present over dorsum of right foot of State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 11 ::
size 3 cm x 2 cm on left shoulder outer aspect of size 2 cm x 2 cm. Burnt skull with mandible having deep burns with blackening over and also received with trunk and extremities.
26. The cause of death was due to asphyxia consequent to ligature pressure on throat structures by other party which is antemortem in nature. Decapitation was postmortem in nature. Ligature pressure was sufficient to cause death in ordinary course of nature. The bruising over the portion of wrist are consistent with fastening both hands with rope. Time since death was approximately 23 hours. The blood and viscera has been sealed to rule out common poisoning. The blood gauge piece, four teeth and femur bone were also sealed for DNA test.
27. The portion encircled red in the postmortem examination report at Point X was filled in routine as the skull was found burnt and there was no cornea or tissues present in the skull. The detailed postmortem report Ex.PW-2/A prepared by him, bearing his signature at point A.
28. The witness has further stated that on 25.04.2004, State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 12 ::
he received application Ex.PW-2/B seeking opinion regarding weapon of offence alongwith one sealed parcel having seal of KGT. The seal was found intact. On opening the parcel, butcher's knife with wooden handle alongwith sketch Ex.PW-2/C was taken out. The witness has examined the weapon and the postmortem report and opined that injury No.2 mentioned in the postmortem Ex.PW-2/A could have been caused by the weapon of offence examined or similar such weapon. The opinion is proved Ex.PW-2/D.
29. On 06.03.2004, at about 7:00 PM, he conducted the postmortem on the body of Satish Kumar received in two pieces head and trunk. He found the following injuries:-
i Pressure abrasion mark was present over cut portion of neck interrupted at various places masked by the cutting of tissues but obvious at the cut margin just above. Underlying tissues were massively bruised. ii Decapitation cut separation mark incised in nature present over the neck in front over middle of laryngeal cartilage level and over back incised cut was present at the level of C6-C7 vertebra (cervical). Thus making the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 13 ::
decapitation in whole circumference of the neck. Lower margins of cut surface attached with the trunk showed inverted margins.
iii Circular bruising with margins abraded were present over lower parts of both forearm. iv Bruises present over dorsum of left hand 2 cm x 2 cm right wrist outer aspect 3 cm x 2 cm on front of chest, left side chest 4 cm x 3 cm.
v Abrasion were present over left knee anteriorly size 2 cm x 1.5 cm, on dorsum of right foot 3 cm x 2 cm. vi Burnt skull with mandible having deep burns with blackening all over also received with trunk and extremities.
30. The cause of death in his opinion was asphyxia consequent upon ligature pressure on throat structure by other party which is antemortem in nature. Decapitation was postmortem in nature. Ligature pressure was sufficient to cause death in ordinary course of nature. The bruising over the portion of wrist was consistent with fastening of both hands with rope. The time since death was 22 hours. The total number of inquest papers were 11 which were initiated by him. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 14 ::
31. The viscera was sealed to rule out common poisoning. The blood in gauge piece, four teeth and femur were preserved for DNA matching after sealing with the seal of Mortuary. The postmortem report Ex.PW-2/E, is in his handwriting and bears his signature at point A.
32. The witness stated that the column in post mortem report encircled with red ink at point X were written in routine and are not correct.
33. On 25.04.2004 an application Ex.PW2/F along with one sealed parcel having seal of MK was placed before him. One buchers knife with a wooden handle was taken out. The diagram of the same is Ex.PW2/G. He examined the weapon and opined that the injury No.2 mentioned in the post mortem report could have been caused by weapon examined or similar such weapon. After examining the weapon he re-sealed the same with the seal of the mortuary and returned to the police. His opinion is Ex.PW2/H. The weapons were also shown to him, which he identified as Ex.PW2/M1 and Ex.PW2/M2.
34. During cross-examination he stated that the X-ray State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 15 ::
of the skull was conducted before starting the post mortem. He had not given the X-ray plates to the police officials. He had not seen any other injury except the cut on the neck. He admitted that he has not mentioned about any gold plated teeth in the post mortem report of Vijay Kumar. However, one teeth was missing. He stated that the details mentioned in his report Ex.PW2/A about eyes, mouth, tongue, cornea and conjunctiva were inadvertently wrongly mentioned by him. Similar is his reply with respect to post mortem report Ex.PW2/E. He denied the suggestion that he mentioned the aforesaid facts in his post mortem report even prior to the post mortem examination as the IO told him that the death in this case is on account of asphyxia. The ligature marks were present on the neck portion which was left attached with the neck of the two bodies.
35. SI Manohar Lal Draftsman was examined as PW-3. He deposed that on 11.05.2004 he along with Inspector Azad Singh reached at the spot i.e. Court complex, Bahadurgarh Haryana. At the instance of IO Inspector K.G Tyagi. He took rough notes and measurement of the spot. From there he went to State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 16 ::
Polymers, Gadda Factory, Rohtak Road Haryana. On the pointing of Inspector Azad Singh he took measurements and rough notes. Thereafter, he reached behind Deep Property shop, Tikri village Rohtak Road, there also he took measurements of the place on the pointing out of Inspector Azad Singh. One open plot near the shop was also pointed out by Inspector Azad Singh and there also he took the measurement and rough notes. Lateron on the basis of rough notes and measurements he prepared the scaled site plans Ex.PW3/A, Ex.PW3/B & Ex.PW3/C having his signatures on all three site plans at point A. he told that he was informed by Inspector Azad Singh that in the court complex the head less body of SI Satish Kumar was found and at Polymers Gadda factory Jakhoda, Rohtak near the gate headless naked body of Vijay Kumar was found. In the open plot burnt human head and some other burnt article were found. Near that plot another burnt human head was found. After preparation of the scaled plans the rough notes and measurements were destroyed by him. He handed over the scaled plans to the IO on 12.05.2004.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 17 ::
36. During cross-examination he stated that there were only three persons, he, Inspector Azad Singh and one constable. Departure entry was made in the police station and this witness also signed it. He does not remember the number of arrival and departure entry. They reached Bahadurgarh court complex at about 3:00 pm. He did not see any dead body there. They remained there for about 30 minutes. There is a department of agriculture near the court complex. None else came there. IO also did not call anyone to the spot. They reached near Polymer Factory at about 3:45 pm. The gate of the factory was close. They stayed there for about 20 to 25 minutes. There also IO did not call anyone from the factory or from anywhere else. He denied the suggestion that there was no shop in the name of Durga properties at village Tikri. Inspector Azad Singh did not prepare any document himself. The nearby residential houses from the other open plot were about 25 ft away. They finally returned to the police station at about 5:30 or 6:00 pm. A joint arrival entry was made. His statement was not recorded on that day.
37. Pardeep Sharma was examined as PW-4. He State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 18 ::
deposed that he is an Ex-servicemen and presently working as financier. In the evening of 05.03.2004 he was informed by his sister-in-law Sunita that her husband Vijay Kumar Swami is missing. On 06.03.2004 at about 9:30 am he reached her house at S-block Mangol Puri. At about 11:00 or 11:30 am police came there and informed that a dead body is found near Real Polymer factory Bahadurgarh. This witness along with Shiv Raj Swami, cousin brother of Vijay Swami went on a two wheeler scooter there. On the way police met them. They reached near Real Polymer factory where officials of Delhi Police and Haryana police were present. A head less body was lying there about 8-10 paces away from the main gate and was shown to them. They identified the same to be of Vijay Kumar Swami on the basis of name written on the right hand of the dead body. In the meanwhile the information was received that head less body of Sub Inspector of Delhi Police was found. The Haryana police Crime Team took the photographs, from the spot blood stained soil and sample of earth control were taken, sealed in a pullanda and seized vide memo Ex.PW4/A and Ex.PW4/B having State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 19 ::
his signatures at point A. Pieces of half burnt strings were lying near the dead body which were also taken into possession by the police after putting them in pullanda, sealing it with the seal of AS vide memo Ex.PW4/C. The strings were also having blood stains. The dead body was taken in possession after identification vide memo Ex.PW4/D. An information was received that near Tikri village one skull has been found. They reached there. On main road Tikri village there was one room having name of Deep Properties. On the rear of that room half burnt skull was found which was identified as the skull of SI Satish Kumar by his relatives. On search, near the pieces of toilet pot, another skull was found in an open plot. It was half burnt and it was identified as that of Vijay Swami. It was not having one tooth due to which he could identify that skull. It was also seized vide memo Ex.PW4/E. Photographs were also taken. Police also took into possession one under wear of cocacola colour, one baniyan, one sleeve of shirt, pieces of bricks and two currency notes of Rs.500/-. The blood stained ashes lying there were also taken into possession by the police after putting them in State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 20 :: a pullanda sealing with the seal of AS. One I-card was also found belonging to SI Satish which was put in a pullanda sealed with the seal of AS and seized vide memo Ex.PW4/F. The I-card was found near the head of Satish. Two pieces of strings measuring 9 x 9 were also taken in possession vide memo Ex.PW4/G, after sealing the same with the seal of AS. Burnt hair were also found near the head of Vijay Swami which were kept in a small plastic box, sealed in a pullanda with the seal of AS and seized vide memo Ex.PW4/H having his signatures at point A. Pieces of bricks were seized vide memo Ex.PW4/I. The two currency notes of Rs. 500/- which were blood stained were also seized after putting in a match box vide memo Ex.PW4/J. These items were given sl. no.1 to 8, kept in a pullanda sealed with the seal of AS and seized vide memo Erx.PW4/K. Thereafter, they all returned along with the dead bodies to Sanjay Gandhi Memorial Hospital. From there they went to PS: Mangol Puri. Certain papers were prepared there by the police. The personal belongings of Vijay Swami were also found missing about which he informed the police that the articles which were missing State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 21 :: are one wrist watch make Timex. One purse of brown colour, one silver ring. After the post mortem they received the dead body vide memo Ex.PW4L.
38. On 26.04.2004 he was asked by the police officials to reach at Tis Hazari Courts at 2 pm. He was called in the chamber and was shown many articles and from those articles he was asked to identify the belongings of Vijay Swami. He identified the purse, wrist watch and one silver ring out of those articles belonging to Vijay Swami. His statement was recorded which is Ex.PW4/M. He identified the case property as Ex.P1 to P19. The I card of SI Satish is as Ex.P4. The purse, watch and ring of Vijay Kumar Swamy are Ex.P17, P18 and P19 respectively.
39. During cross-examination he stated that he did not tell the police in his statement that in the evening of 05.03.2004 Sunita Rang him up on telephone and told that Vijay swami had not returned home. His brother Deepak Sharma is alive and Vijay Swami the deceased was his Sadhu. This witness and Deepak Sharma reside in the same house. On 06.03.2004 Deepak did not accompany him. As by the time he left his house in the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 22 ::
morning on 06.03.2004 Deepak had not returned home. Deepak is an insurance surveyor and was away for his duty in the night. The telephone number of Deepak was 9311551900. He could finally talk to Deepak on his mobile from the mobile phone of Shiv Raj on 06.03.2004 at about 1 pm. Vijay Swami was working as operator in MTNL Rohini Exchange. No criminal case was pending against Vijay Swami. Vijay Swami was not working as a secret informer for the police. Lateron he came to know that Vijay Swami had accompanied some police team to point out some address. Vijay Swami was a resident of Mangol Puri.
40. When they reached the place where head of Satish Dalal was recovered some police officials were already present there. This witness saw the I-card lying in between various articles which were being collected in a pullanda by the police. Besides I-card the items were collected by the police comprised of some brick pieces, some dust, some burnt hair, some pieces of strings, and two currency notes of Rs.500/- different pullandas were prepared. He did not sign the said I-card or the currency notes. He does not know if Harish Dalal State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 23 ::
signed the same or not. He cannot tell as to under what circumstances the cap of a liquor bottle was found at the spot by the police. However the broken bottle of liquor was not found at the spot. He reached the house of Vijay Kumar Swami at about 9:30 am on 06.03.2004. No police official met him when he was going to the house of Sunita. A police man in the uniform came to the house of Sunita at about 11 am, who informed that one head less body has been recovered. Some other police officials in civil dress were however standing outside the house. He does not remember the rank of the police official who came. He denied the suggestion that no such police official came to the house of Sunita. His statement was recorded by the police on 06.03.2004 at 11:30 pm. That police official also told the place where the dead body was lying i.e. at Bahadurgarh road near Real Polymer factory. That police official asked him to accompany but this witness told him that they will reach there of their own. He reached there on two wheeler scooter at about 1:00 pm. Only 2-3 police officials in uniform were present over there. No public person was present there. Some police officials were from Delhi and State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 24 :: others were from Haryana. He signed some papers on that day at the police station Mangol Puri and at mortuary of Sanjay Gandhi Memorial Hospital. The police official who prepared the document was probably Inspector Azad Singh or Upender Singh. Upender Singh asked him to put signatures. No one else was present in the said room. Besides him one or two other persons signed the said documents. He cannot identify those persons who signed those documents. He left Real Polymer factory at about 2:00 pm. From there they went to Tikri Kalan village and reached there at about 2:30 pm. He left that place at about 4 pm and came to Sanjay Gandhi Memorial hospital. The dead body was brought near Deep properties in a private tempo. Some writing work was done near the office of Deep properties. He does not remember how many documents he signed whether these were 5, 10 or 15. He did not sign any document near the office of Deep properties. Besides taking photographs the police officials also collected sample etc. at the spot. They reached the SGM hospital between 5 pm to 6 pm. Shivraj who was accompanying him also signed one or two documents. He reached State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 25 :: hospital in the tempo, however Shiv Raj came on two wheeler scooter. Harish Dalal was also sitting with him in the tempo. He remained in the hospital till about 11:00 pm. No public person gathered near Deep properties. He identified the head of Vijay Swami from one missing teeth. He had good relations with Vijay Swami and used to meet him often. The head was found partially burnt. His eyes were also burnt including hair. Both the head were lying at a distance of 400 to 500 meters away from each other.
41. He was informed about TIP on 26.04.2004 at about 1:30 pm on telephone. He stated that in his earlier statement the date mentioned that he came for TIP on 26.04.2004 is wrong. He came for TIP in the court on 27.04.2004. He does not know at what time IO placed the articles for TIP before the judge. A number of purses, rings, watches etc. were lying on the table of the Judge.
There were about 4-5 purses, 6-7 watches and 2-3 rings. He identified the purse Ex.P17 as wife of Vijay had told him that letter 'V' was engraved on that purse and while identifying the purse he lifted the same and he found the letter 'V' written over it. The court also State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 26 ::
observed that when the purse is opened letter 'V' is found written on it which is written after scratching the surface of the purse. The wife of Vijay had not come for TIP. He identified the watch Ex.P-19 as he had seen Vijay wearing that.
42. Harish Dalal was examined as PW-5. He deposed that on 06.03.2004 he was present at his house. At about 11:00 or 11:30 am police official came to his house and informed that a dead body has been found.
He asked him to identify the same as it was suspected to be dead body of his brother SI Satish Dalal. He along with that police official went to Court Complex Bahadurgarh Haryana. Police officials of Delhi and Haryana were present there. He was taken to the office of Agriculture Department inside the Court Complex, Bahadurgarh where a head less dead body was lying. His uncle Inderjeet Singh accompanied him. He identified the dead body of his brother SI Satish Dalal. The photographs were taken. The police seized the part of the soil, blood stained soil, piece of brick having blood stains, pieces of string (nada). The dead body was put in a private tempo. They received further information State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 27 ::
about another dead body lying at a distance of about 5 km on Rohtak Road near Jakhoda village near Real Polymer Factory. This witness along with the police party and Inderjeet in the said tempo went to the above said place. They were also accompanied by one Pardeep Sharma and one another person. On reaching near the gate of the factory towards its right side they saw another head less body. Pardeep Sharma and another person identified the dead body as of Vijay Kumar. The police officials from there also seized the soil, blood stained soil. Pieces of string, hair etc. photographs were also taken. Thereafter, they started from there and came to village Tikri Kalan as the police got an information about a burnt human head lying there. The dead bodies were with them in the tempo. On reaching village Tikri they found a semi burnt human head identified to be as of SI Satish Dalal. On the said property the board of Deep properties was there. From there police seized the burnt pieces of mobile, leather belt, pants, hook, underwear brown colour, vest and some burnt pieces of two currency notes of Rs.500/- which were seized. One I-card of his brother Satish State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 28 ::
Dalal was also recovered from the bushes nearby. On further search police found another Human head from another plot at a distance of about 50 to 60 steps from the earlier plot. It was identified as to be of Vijay Kumar. The photographs were taken from there also. Police seized the strings. Pieces of bricks and blood stained earth. Both the bodies along with the heads were brought to Sanjay Gandhi Memorial hospital Delhi. The place where the head of his brother was found police also found the purse, wrist watch and the ring. The headless body of SI Satish Dalal was recovered vide memo Ex.PW5/1. Head less body of Vijay Kumar was seized vide memo Ex.PW4/E. The head of Satish Dalal was recovered vide memo Ex.PW5/2. The I card of Satish Dalal was recovered vide memo Ex.xPW5/3. The witness has identified the I-card of his brother Satish Dalal as Ex.P5. The witness has also identified the exhibits, the pieces of bricks etc. Ld. APP with the permission of the court put the leading question as to from where watch, purse and ring of Satish were recovered and the witness stated that, "it is correct that this purse, wrist watch and the ring were never State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 29 :: recovered from the place where the head of SI Satish Kumar was recovered. It is correct that these were not seized by the police in his presence."
43. During cross-examination for accused Jitender and Joginder the witness stated that the police official who came to him was in civil dress. He does not know how he reached there. He stayed there only for 2 to 4 minutes. He reached Bahadurgarh Court Complex at about 12:15 or 12:30 pm. Number of police officials were present, out of them 8 to 10 were in uniform and 10 to 12 were in civil dress. He remained there for about 30 to 45 minutes. He signed number of documents there but cannot tell their exact number. He does not know the number of the private tempo in which the dead body was carried. He also cannot tell if the registration number was of Delhi or Haryana. From Real Polymer factory the relatives of Vijay Swami also sat in the tempo in the rear side. He did not notice if the office of Deep properties was open or close. On the skull of Vijay Swami there were some partially burnt hairs but eyes of both the skulls and hair of other skull were completely burnt.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 30 ::
44. During cross-examination on behalf of accused Laxmi and Vinod the witness stated that he was residing with the deceased at his residence D-12/21, Sector-8 Rohini, but now he is not residing there. The said house was owned by his brother. He remained with the deceased brother in that house for about 10 to 12 years.
On 06.03.2004 it was a day of Holi. The wife of deceased was also present when the police came but she did not accompany them to the spot. His cousin brother Inderjeet accompanied him. He did not disclose to his Bhabhi that he is going for identification of dead body. On 06.03.2004 he also did not disclose to his Bhabhi regarding recovery of dead body of his brother Satish and also to the children of the deceased. She and the children came to know about the death when the dead body reached home at about 10:30 or 11:00 am. He reached Bahadurgarh on his two wheeler scooter No. DL 8SH 4919. Pardeep Sharma was not present there when he reached there. When he reached there DCP Crime, Addl. DCP Crime, one DSP and SHO of Police Station and other officers from Haryana police were there on the spot. One photographer of crime team State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 31 ::
was also present there. One ASI Randhir Singh was also there. He stated that IO in the site plan mentioned the presence of string but in the site plan prepared that it is not mentioned. It took about 1 hour in concluding the proceedings there. He does not know if the information of the dead body at Real Polymer factory was already with the IO or not. The factory was at about 4-5 km from there but he does not remember at what time they reached there. They remained there for about 30 to 45 minutes. They reached PS: Bahadurgarh at about 3:30 pm. A report was recorded in the PS: Bahadurgarh. They started from PS: Bahadurgarh at about 4:00/4:15 pm and reached village Tikri Kalan as IO had an information about the heads lying there. He does not know if IO reduced into writing the information received by him. He denied the suggestion that he did not correctly identify the dead body. He denied the suggestion that the dead body and skull recovered were not of his brother Satish Dalal. One cap of bottle of Delhi Excise was also seized but no broken bottle was seized from there. He signed the documents there but he read only 2-3 documents i.e. seizure memo of under wear State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 32 ::
and baniyan of his brother. There was mark of horse on the purse of his deceased brother which was of brown colour. The mark of horse was already printed when it was purchased from market. He cannot say if such type of purses are easily available in the market. The wrist watch was of Embassy mark. He denied the suggestion that he did not join the proceedings.
45. During cross-examination on behalf of accused Jogender he stated that the police official who came to his house did not tell that body of Satish Dalal is to be identified and he only told that one head less body has been recovered and same is to be identified. He called him as they suspected that dead body recovered might be of Satish Dalal. The dead body was lying inside the boundary wall of Krishi Vibhag, parallel to the building of Krishi Vibhag. The currency notes recovered were found partially burnt. He cannot tell which portion of currency note was infact burnt. He admitted that he saw the currency notes for the first time in the hand of some police officials and not lying on the ground. He admitted that all such garments and shoes are easily available in the market. He admitted that there was no special mark State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 33 ::
on the wearing apparels or the shoes of the Satish Dalal but he stated that as he used to see all these articles regularly in the house so he could identify those. He did not notice if in the memo Ex.PW4/J the word 'burnt' currency note was mentioned or not. The currency notes were shown to the witness and he observed that these are neither burnt pieces nor torn pieces rather they had been cut by some sharp object. The court also observed that the two pieces of currency notes bearing No.5AC 603978 and 2AB 812372 are though having some blackish water mark upon them but does not appear to be either burnt pieces or torn pieces and seems to have been cut with sharp edged object. The witness stated that he does not remember if the blackish water mark as appearing on the currency notes were there at the time of seizure. He does not know as to when SI Satish Dalal joined the service. He must have put in 20 to 25 years of service. He said that the I-card recovered is in good condition and is new one. He admitted that an I-card is issued to an employee at the time of joining of his service. He did not notice if there was any blood stain or mud etc. on the I-card or not.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 34 ::
46. During cross-examination for accused Rajender the witness stated that he met his brother Satish Dalal alive for the last time on 05.03.2004 at about 3 or 4 pm only at his house. As the office of Satish Dalal was nearby so at times he used to come back to house to take food etc. There were no specific duty hours in the Crime Branch office. This witness was also posted in Special Staff, Tagore Garden and there were no specific duty hours for him also. They were supposed to be on duty round the clock. On 05.03.2004 this witness has gone to his office in the morning at 10:00 am and returned at about 1:00 pm. No arrival or departure entry was made in his office. His cousin Inderjeet is also constable in Delhi Police and was in Mangol Puri traffic circle at that time.
47. SI Naresh Dagar was examined as PW-6. On
06.03.2004 he was posted in West District as Incharge of Mobile Crime Team. After receiving the information from District Control Room he along with HC Vijay Kumar, Photographer reached at vacant plot Rohtak Road in Tikri village where Addl. SHO Mangol Puri Azad Singh along with SHO Nangloi, Incharge of Police Post State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 35 ::
Tikri Border and other staff met him. IO Inspector Azad Singh asked him to Inspect the scene of crime. He found half burnt skull, pair of shoes, burnt belt, two currency notes of Rs.500/- each in burnt condition having blood stains, one baniyan having blood stains, I-card of Satish Kumar and other exhibits. On the directions of the IO HC Vijay Kumar took the photographs of the scene of crime and exhibits from different angles. He also advised the IO to pick up the exhibits and articles found on the spot. He prepared the report which is Ex.PW6/A having his signatures at point A. When they reached the spot legal heirs and staff brought two headless bodies in the tempo. The skulls were identified by the relatives of SI Satish and Vijay Kumar Swami. HC Vijay Kumar took the photographs. He also prepared the crime team report which is Ex.PW6/B.
48. During cross-examination he stated that he received the call made by Addl.SHO Azad Singh PS:
Mangol Puri. He also made the entry in the daily diary register but he does not remember the number. They left for the spot in govt. vehicle bearing No.3698. HC Ranbir was the driver. They left the crime team office at about State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 36 :: 1:30 pm and came back at 9:00 pm. He cannot tell the number of police officials present there. Many public persons were also there. He had seen the skull before taking the photographs. He does not remember so far as skull of SI Satish Dalal is concerned as to which portion of skull was left as it was burnt to a large extent. No portion of neck was found attached with the skull. He cannot tell specifically as to which of the exhibits were lying nearest to the skull. One pair of shoes and one single piece of shoe were found lying farthest from the skull. His statement was recorded at the spot by the IO on that day itself. He was confronted with his statement where it was not found mentioned that one piece of belt and two currency notes of Rs.500/- each having blood stains in burnt condition were recovered. The piece of belt was less than 1 ft. He cannot tell the number of tempo in which the dead bodies were lying. Finger print expert was present at the spot before he reached there. No chance prints were lifted from the spot in his presence. He cannot say at what time finger print expert left the spot.
49. Inspector Ajay Sharma was examined as PW-7.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 37 ::
He deposed that on 05.03.2004 he was posted at Anti Homicide Section Crime Branch Prashant Vihar. On that day he received a secret information regarding a Santro car having fictitious number, used in heinous crime by the criminals and parked in C-block Mangol Puri before the house of Laxmi Sansan having criminal back ground. He discussed the secret information with ACP. He was directed to get the secret information verified. For the verification of this information this witness along with SI Satish Kumar and HC Yashpal proceeded to Mangol Puri C-Block. SI Satish Kumar was having service revolver .38 bore with 5 live cartridges. This witness along with informer, SI Satish Kumar and HC Yashpal left their office situated at Prashant Vihar at 7:10 pm. Before leaving he briefed the staff including Satish Kumar about the information. They were in private vehicle. At about 8 pm one Vijay Kumar Swami son of Bansi Lal was asked to join the raiding team. He was also briefed about the information and he agreed to join the raiding party. He also accompanied them in the same vehicle. They parked their vehicle at the corner of B-Block Mangol Puri near Nirankari Satsang Bhawan. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 38 ::
This witness along with HC Yashpal and informer remained in the vehicle. SI Satish and Vijay Kumar went to the said park at about 8:25 pm to verify the information. He waited for them for sometime but when they did not turn upto 8:40 pm, he tried to contact SI Satish Kumar on his mobile phone but except on one occasion he heard some voice one word "Hello" on his phone. He also tried to contact on the mobile phone of Sh.Vijay Kumar Swami. Both the phones were found to be switched off and were not responding. Then this witness himself went there to search SI Satish and Vijay Kumar Swami but they were not found available at the place which was disclosed by the informer i.e. park in front of house of accused Laxmi. This witness informed SHO Mangol Puri in this regard and also the senior officers. Search by different teams were launched to know the whereabouts of SI Satish Kumar and Vijay Kumar Swami. Local police from PS: Mangol Puri also reached at Nirankari Bhawan where they had stationed their vehicle. A search was made to find any clue about SI Satish and Vijay Kumar Swami but no clue was found. He also informed the police at about 11:00 pm State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 39 :: regarding the missing of above mentioned two persons and DD was recorded but he does not remember the DD number. Then he went to PS: Mangol Puri and gave the written complaint Ex.PW7/A having his signature at point A. The investigation was entrusted to Inspector Azad Singh who also made inquiries from him. Then this witness proceeded to Mangol Puri C-Block and reached at police booth where SHO PS:Mangol Puri Inspector K.G.Tyagi was found present along with staff. This witness also briefed him. In the meantime Inspector Azad Singh and staff also reached there. A search was made at the house of suspects but the houses were found locked. This witness along with IO made search in the surrounding area but no clue of the missing persons was found. Thereafter, this witness along with Inspector Azad Singh reached at PS: Sultan Puri regarding investigation. IO informed the local police and briefed them. Thereafter, they reached PS: Paschim Vihar. There again IO informed about the facts and briefed the police and thereafter this witness reached PS:Prashant Vihar. He again contacted Inspector Azad Singh on phone and Azad Singh informed him that he has State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 40 :: reached Nangloi and also asked this witness to accompany. This witness reached PS: Nangloi. He joined them. Matter was discussed with SHO PS: Nangloi. This witness along with IO and other staff reached police station Bahadurgarh and discussed with the SHO of PS: Bahadurgarh about the facts. At the PS: Bahadurgarh it was revealed that a headless dead body of a male person was found near Polymer factory at a distance of about 8-10 steps in front of gate of polymer factory. Thereafter, this witness along with IO reached there at the gate of factory along with local police. They found a dead body lying on ground on the right side of the gate of polymer factory. In the meantime crime team of the local police also arrived there. They inspected the scene of crime. Incharge police post Asoda, PS: Bahadurgarh also reached the spot. After sometime they received information that another headless dead body of a male person is lying in the premises of the office of Sub Divisional Agricultural office situated near court complex Bahadurgarh. Inspector Azad Sigh discussed with the senior officers on his phone. Inspector Azad Singh asked the senior officers to give information to the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 41 :: relatives of the missing persons Vijay Kumar Swami and SI Satish Kumar to identify the headless bodies. Thereafter, they reached near the office of Sub- divisional agricultural office Bahadurgarh. There they found a headless body of a male person lying inside the boundary wall of the office. Crime team of Haryana inspected the body and place of occurrence, photographs were also taken. Both the dead bodies were naked. In the meantime Harish Dalal brother of SI Satish reached there along with some other relatives. He identified the dead body as of SI Satish Kumar, his brother. This witness also identified the dead body as of SI Satish Kumar. Blood was also found at the places where dead bodies were found. IO seized the dead body after preparing inquest papers and also prepared the site plan. The dead body of SI Satish was taken in possession vide memo Ex.PW5/1. IO also took blood stained earth control, from outside the wall near the place where headless body of SI Satish Kumar was found, put in a plastic jar, sealed with the seal of AS and seized vide memo Ex.PW5/8. IO also took blood stained earth from the place where body was lying, put in a State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 42 :: plastic jar, sealed it and seized vide memo Ex.PW5/7. IO also took earth control from the place, put in a plastic jar sealed with the seal of AS and seized vide memo Ex.PW5/6. IO also took earth control from outside the boundary wall near the dead body of SI Satish Kumar, put it in a plastic jar sealed with the seal of AS and seized vide memo Ex.PW5/5. IO also took into possession one half piece of brick having blood stains which was found outside the boundary wall of court complex, Bahadurgar where dead body of SI Satish Kumar was found. The same was put in a pullanda sealed with the seal of AS and seized vide memo Ex.PW5/11. IO also seized blood stained half piece of brick near the dead body of SI Satish Kumar, inside the office of Sub-divisional Agricultural office of Bahadurgarh. It was put in a parcel, sealed with the seal of AS and seized vide memo Ex.PW5/13. IO also found 3 pieces of string (nada) having knot near the dead body of Satish Kumar. These were put in a plastic jar sealed with the seal of AS and seized vide memo Ex.PW5/9.
After completing all the formalities the dead body was removed from the place, put in a vehicle arranged by State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 43 ::
the IO and then they proceeded towards the place where another headless body of a male was found. They reached Real Polymer factory near village Jhakoda. The relatives of Vijay Kumar Swami were present there. Mr. Pardeep Sharma identified the dead body as of Vijay Kumar Swami. On the right arm below elbow Swami Vijay Kumar was found tatooed. This witness also identified the dead body as of Vijay Kumar Swami on the basis of body structure and as his name was also found tatooed. IO prepared the inquest papers. IO also took blood stained earth from the place, put in a plastic jar sealed with the seal of AS and seized vide memo Ex.PW4/A. IO also took earth control from near the deadbody. It was put in a plastic jar sealed with the seal of AS and seized vide memo Ex.PW5/4. IO also seized two pieces of nada /string found lying near the dead body of deceased Vijay Kumar, same were put in a plastic jar sealed with the seal of AS and seized vide memo Ex.PW4/G. IO also found hair near the dead body of Vijay Kumar Swami same were also put in a plastic jar sealed with the seal of AS and seized vide memo Ex.PW5/H. The dead body of Vijay Kumar was taken in State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 44 ::
possession vide memo Ex.PW4/D. After completing the formalities the dead body of Vijay Kumar Swami was also put in the same vehicle. While IO was completing the formalities of deceased Vijay Kumar Swami he received information that a head of human being is found in burnt condition near village Tikri in the area of PS: Nangloi. Thereafter, they proceeded to PS: Bahadurgarh where IO recorded the statement of witnesses of local police. They reached village Tikri Kalan near Deep Properties situated on approach road. There they found one half burnt head of human being in vacant plot. That was identified by Harish Dalal as of his brother SI Satish. The half burnt head was taken in possession vide memo Ex.PW5/2. IO also found partly burnt rolled nada having knot and 3 partly burnt pieces of nada having blood stains. The same were put in a polythene, sealed with the seal of AS and seized vide memo Ex.PW4/C. IO also seized ashes from the place where half burnt head of SI Satish Kumar was found. It was put in a small polythene pouch, sealed with the seal of AS and seized vide memo Ex.PW5/10. IO also found two Indian currency notes of denomination of Rs.500/- State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 45 :: each having black spots which appeared to be of ash. Both the Indian currency notes were put in a match box, sealed in a pullanda with the seal of AS and seized vide memo Ex.PW5/J. IO also found one torn blood stained Baniyan, shree Devi's, Vimal superfine 90 cm. One underwear of coca cola colour having label of Crystal regular 95 cms. One cuff of full sleeves shirt and sleeves having checks design of blue colour and stripes with two black buttons having blood stains and one another button, one shoe of right foot of black colour size 9 make fortune Liberty used one. These articles were put in a polythene, sealed with the seal of AS and seized vide memo Ex.PW5/14. Before the articles were lifted and sealed crime team inspected the place and also took the photographs. After that Central Finger Prints Bureau of Delhi also reached the place and inspected the scene of crime. IO also took in possession one half burnt belt of brown colour which was in 3 pieces affixed with buckle and there were some hair sticking to the belt. One rupee coin in burnt condition. Some part of mobile phone in burnt condition. One partly burnt pants and shirt pieces. 7 partly burnt pieces of wood sticks. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 46 :: One partly burnt match box, some match sticks. One partly burnt cap of liquor bottle were found. All these articles were kept in separate polythene bags given sl. No.1 to 8 and sealed with the seal of AS. These were seized vide memo's Ex.PW4/K. IO also found ID card of SI Satish Kumar lying at a distance of 8 to 10 steps from the place where his half burnt head was found. The I- card was checked by finger print expert. The same was sealed in a pullanda with the seal of AS and seized vide memo Ex.PW4/F. IO also received information that a half burnt human head is also lying in the nearby plot. They reached there. The head was identified to be of Vijay Kumar Swami by Pardeep Sharma. He also identified the head as of Vijay Kumar Swami from the appearance and structure. It was inspected by crime team and Finger Print Bureau. Thereafter, half burnt head was taken in possession vide memo Ex.PW4/E. IO also prepared the site plan of both the places. These heads were also put in the same vehicle. Thereafter, the dead bodies were sent to Sanjay Gandhi Hospital. On the same day i.e. on 06.03.2004 one santro car having number plate of DL 6CQ 6072 Engine No:G-4H-D-2B- State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 47 :: 02522, Chasis No:MA-LAA 51-HR-2M 224491 of Black colour was found parked in front of house No.C-570, Mangol Puri, Delhi for verification of which SI Satish Kumar had gone along with Vijay Kumar Swami to verify. The car was taken in possession vide memo Ex.PW7/B. SI Sukhbir Singh Malik was also with them during the course of investigation. This witness has also identified the case property. It was also found that the genuine number of the car was DL 6SQ 0072 and was released to Superdar Smt. Sanju wife of accused Jogender on superdari by the order of the court. Before release the photographs of the car were also taken.
50. During cross-examination for accused Jogender the witness stated that he was alone when he received the secret information. He called SI Satish Dalal and HC Yashpal to his room through some constable. This witness had not seen the house of accused Laxmi prior to the date of information. He had never gone to Mangol Puri area prior to it, though he had been to PS: Mangol Puri. He does not remember if he had told the IO about the secret information, however, this fact was not found mentioned in his statement Ex.PW7/DA. In their office State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 48 ::
only ACP is having Govt. Vehicle besides one police Tempo traveller.
51. During cross-examination on behalf of accused Jogender the witness stated that he does not remember if in his statement u/s 161 Cr.PC he told that he had discussed about the secret information with DCP.
Whenever the need arises, Inspector either uses the vehicle of ACP or tempo traveler or his own private vehicle. On that day jeep of ACP was there but not aware about the availability of tempo traveler. SI Satish Dalal was having some private vehicle. He does not remember the number and owner of that vehicle and also the make. SI Satish Dalal himself was driving that car. Vijay Kumar Swami was not known to him prior to the incident. He did not ask any other public person to join except Vijay Kumar Swami. The place where they were standing must be about 1 km away from the police station Mangol Puri. He was confronted with statement Ex.PW7/DA where it was not mentioned that he left the office to verify the secret information and that they left in private vehicle or that Santro car was parked about 500 yards away from the place where they were standing. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 49 ::
The local police came to him at about 9:15 pm. They were 4-5 persons headed by some Head constable. He left in search of SI Satish Dalal and Vijay Kumar Swami immediately on arrival of local police officials. The local police officials pointed out the house of Laxmi to him which is situated just opposite the park. House of Laxmi was lying closed. Vijay Kumar Swami gave his mobile number when he joined the proceedings but he does not remember the same now. The complaint Ex.PW7/A was written by SI Sudhir Singh on his dictation. It was written in PS: Mangol Puri at about 10:30 pm. Officials from his branch also came to PS: Mangol Puri i.e. Inspector Amarjeet Singh, SI Sudhir Singh and other police officials. After making the complaint and registration of the case he left the police station in search of missing persons. They searched in the area of 1 km and so. He went to PS: Nangloi in police vehicle. He was alone at that time. He did not receive any information pursuant to which they went to Bahadur garh. They went to Bahadurgarh in a private Sumo which was with Inspector Azad Singh. It took them about 15-20 minutes in reaching Bahadurgarh from PS: Nangloi. Azad Singh State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 50 ::
made an arrival entry at about 9:55 am. On inquiry by Inspector Azad Singh they were informed by the local police about the dead body lying near Real Polymer Factory. They reached polymer factory at about 10:15 am. They found chowki Incharge SI Randhir Singh along with 3-4 officials already there. He does not remember if Inspector Azad Singh called anyone from the factory to join the proceedings. No document was prepared by Inspector Azad Singh at the spot at that time. He does not know how ASI Randhir Singh got the information about the body lying near Court Complex Bahadurgarh. Initially they remained near the polymer factory for about 60 to 75 minutes. Leaving one police official of Delhi and one official of Haryana police they all went to the Court Complex Bahadurgarh. Chowki Incharge ASI Azad Singh of Haryana police along with his police officials was already present there. The body was lying about 5-
7 paces from the small gate of Krishi Bhawan Boundary wall. The spot was got photographed and thereafter the exhibits were lifted. Few public persons also gathered there while the proceedings were being carried out. Relatives of SI Satish Dalal also reached there. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 51 ::
Inspector Azad Singh arranged one tempo. They remained at the spot for about 60 minutes. The writing work was carried out while sitting in the veranda of Krishi Bhawan which was about 15 paces away from the place where body was found lying. He does not remember if anyone from Krishi Bawan staff was called. They left the second spot at about 1:15 pm and reached at first spot at 1:30 pm or so. Near the factory IO prepared the documents while sitting on a small wall of about 3 ft. outside the factory on the road side. Some writing work was done while sitting on the wall and some while keeping paper on the wall. He is not aware as to how many photographs of the spot were taken. When they returned to the first spot relatives of Vijay Kumar Swami had already reached there. The information about the human head was received when the proceedings at the first spot was about to be over. The two heads were lying at a distance of 40 paces from each other. He does not know how many photographs were taken at the said spot. The two currency notes of Rs.500/- each were lying about 2-3 paces away from the head. IO also recorded the number of the two currency State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 52 ::
notes. Finger print expert also came at the spot. Till the arrival of finger print expert the spot was not disturbed. It was not mentioned in the seizure memo Ex.PW4/J that the two currency notes are half torn. The currency notes did not appear to have been cut by any scissor. He denied the suggestion that the currency notes collectively Ex.P-10 were not recovered from the spot or that they have been planted. SI Satish Dalal was posted in that branch for about six months. He denied the suggestion that I-card Ex.P5 has been subsequently got prepared and planted with a view to create circumstantial evidence. He is not aware if the I-card and currency notes were visible in the photographs. The I-card was lying in small bushes near the spot. Office of Deep properties was lying close at that time.
52. He himself had not seen the Santro car of Laxmi near the park on the day of incident. He saw the car only after the post mortem. It was seized in his presence by the IO. The said Santro car was found parked just inside the boundary of park which is opposite to the house of Laxmi.
53. During cross-examination for accused Laxmi and State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 53 ::
Vinod he stated that the secret informer was known to him prior thereto. He did not ask the name of actual owner of the said car. Informer did not tell him if car was involved in some dacoity or robbery etc. He denied the suggestion that the said car was not involved in any case of dacoity or robbery. While leaving office he was not carrying any arms and ammunition as he was proceeding for verification. Prior to that he had not collected any other information about the said car. HC Yashpal was also not armed. He cannot assign any specific reason as to why SI Satish Dalal was specifically entrusted revolver. He was standing near Nirankari Bhawan from where the spot was not visible. Usually one or two persons go to some house verify information. It becomes apparent if 3-4 persons go that they are some police officials. They all were in civil dress. He took the mobile number of Vijay Swami so that if necessity arose he may be contacted again. He went in search of SI Satish and Vijay at around 8:40 or 8:45. They were not told by anyone that Laxmi might be available in some nearby house of her relatives. He does not notice any dragging marks as it was a pakki State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 54 ::
gali. They got divided in 4-5 teams when local police officials came. The teams were formed by Inspector Amarjeet Singh. He was also searching with 3-4 more persons of the local police. He is not acquainted with the detailed topography of the area.
54. During cross-examination on behalf of accused Rajender he stated that he did not join the investigation after 06.03.2004. He is not aware as to how many C-
blocks were there in Mangol Puri. He admitted that weapon in their department is either issued permanently to any official or on temporary basis. He kept the weapon issued from the department only for a period of 15 days and not more than that. He admitted that permanent issuance of weapon does not include any emergent requirement of the officer. There is no such hard and fast rule that an officer who has been issued any firearm cannot hand over to any other officer without any written orders. At the time of issuance of revolver and cartridges the number of revolver is noted down and also the total number of cartridges issued. In the departure entry it was mentioned that SI Satish is carrying a weapon. He denied the suggestion that no State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 55 ::
such departure entry was made. He received message from Inspector Azad Singh at 8:50 am. This witness met him at PS: Nangloi. This witness had not sent any hue and cry message to the neighbouring states. He is not aware if any such message was sent by superior officers or such message was sent by PS: Mangol Puri, PS:
Nangloi etc. During the initial one hour when he remained at polymers factory no writing work was carried out either by Inspector Azad Singh or by SI Randhir Singh. They also did not make any inquiry from worker etc. of the said polymer factory. He had not seen any blood trail on the spot. He signed the seizure memo on the spot after reading the same. When they again reached the spot of polymer factory the site plan was prepared. The proceedings at polymer factory took about 30 to 45 minutes. From there they went to PS:Bahadurgarh and reached there at 3 pm. They stayed there for about 30 minutes. They stayed for about 1 ½ hour or 2 hrs at Tikri Kalan from where both the heads were recovered. His statement was recorded at PS: Mangol Puri at about 11:30 pm. The inspection of the car was not carried out in his presence. He did not State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 56 :: notice any dent or blood stain on the body of the car. The car was seized as they had received information about the said car only. No public person from nearby area was joined at the time of seizure of car. The burnt clothes found at the spot near the Deep properties were taken in possession in his presence. The site plan was also prepared by the IO in his presence. He is not aware if place of recovery of belt was mentioned in site plan. However in the site plan there is no such place shown or marked. The hair strands found near the Deep properties were not measured. He is not aware as to whom seal after use was handed over. He does not remember if there were blood stains on the hair strands. No hair strands from skull were separated.
55. Ld. Counsel for accused Rajender cross-
examined the witness. He deposed that he has no idea as to how many ladies called Laxmi Sansan were residing in Mangol Puri C-block. He had no information about the house number of Laxmi Sasan. He saw the house of Laxmi Sasan for the first time when he received the information. He had not instructed SI Satish Dalal to visit the house of any other person. The house State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 57 ::
of Laxmi must be about 500 yards away from the place where he parted ways with SI Satish Dalal. Secret informer was however aware of the house of accused Laxmi. The secret informer pointed out the house of Laxmi after they reached there. He denied the suggestion that SI Satish Dalal was not carrying any service revolver at the time of incident. None of the four accused was known to him prior to the incident. He is not aware if SI Satish Dalal new them or not. First of all after the disappearance of SI Satish Dalal, ACP Mr. R.S. Dahiya was the first to join him on the spot. He reached there at about 11 pm. The lower rank police officials of local police station joined him at 9:30 pm. He is not aware whether ACP entered inside the house of Laxmi but he has not gone inside the house. He had seen accused Rajender for the first time only after he started appearing in the court. IO himself arranged the vehicle for shifting of dead body. The vehicle reached at the spot at 12:30 pm. Delhi Police did not record the statement of any other witness in his presence. No authorization letter was prepared authorising Delhi Police to take the dead body. His clothes were not got State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 58 ::
stained with blood. Delhi Police never summoned him for the purposes of investigation. There is no police booth in the court complex as police station is very near to the court complex. The blood on the ground was still wet in nature. He did not notice any mark of struggle at/near that place. The said place was about 1 ½ furlang from main road. The body was lying with the back towards ground. No other injury mark was noticed on the body. He also noticed blood stains on nearby boundary wall. He came to know that there was no watchman in the office on that night.
56. Inspector Raj Singh was examined as PW-8. He deposed that on 05.03.04 he was posted at Anti Homicide Section, Crime Branch, Prashant Vihar as SI.
The branch permanently got issued Arms and Ammunition from PS RMD Old Delhi Railway Station. The said arms and ammunition were usually depsoited and reissued from the malkhana of PS Prashant Vihar on the request of Officer of Crime Branch.
57. On 05.03.04 revolver no.1108 with five live cartridges was issued to him from the malkhana of PS Prashant Vihar. On the same day he gave the said State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 59 ::
revolver and the five live cartridges to SI Satish Kumar, who was also posted in Anti Homicide Section of Crime Branch in the afternoon on the oral direction of the then ACP Crime Branch Sh. R.S.Dahiya. He also identified the revolver as Ex.PX-1. The live cartridges as Ex.PX2 to PX5. PX-6 is the test fired cartridge.
58. During cross examination for accused Joginder, he denied the suggestion that every official of the rank of ASI and above are permanently issued a revolver and cartridges. He deposed that the arms and ammunition were issued as per the requirement. He got the arms and ammunition issued as he was having some secret information with him, however the said information could not materialize, hence he did not go any where with the said arms and ammunition. There is no roznamcha maintained in the branch regarding issuance of revolver. He handed over the arms and ammunition to SI Satish Dalal at about 5 or 6 PM. He made DD entry to this effect in the roznamcha but do not remember its number. No receipt was taken by him from SI Satish Dalal in this regard. He denied the suggestion that no such arms and ammunition were issued to him or that State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 60 ::
he did not hand over the revolver and live cartridges to SI Satish Dalal. Court has also observed that the case property was produced in a torn envelope and the case property was taken out without touching the seal.
59. During cross examination on behalf of accused Rajinder, he deposed that he does not remember if revolver no.1108 was issued to him on any other occasion also prior to 05.03.04. He admitted that a person to whom arms and ammunition is issued by MHC(M) has to sign in malkhana register maintained in this regard. The person in whose name the weapon is issued is responsible for the custody of weapon. This responsibility shift on the person to whom the weapon is delivered as per the direction of Sr. Officials. ACP R.S.Dahiya did not issue any written instruction to hand over the weapon and five rounds to SI Satish kumar. He did not make any entry in malkhana register regarding handing over arms and ammunition to SI Satish Kumar. The officer to whom arms and ammunition has been issued is required to redeposit the same with MHC(M) after completion of requirement. He had not seen or received back the weapon after the same was handed State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 61 ::
over to SI Satish Kumar except today. He came to know about the recovery of weapon only on 28.04.04.
60. ASI Azad Singh of Haryana police was examined as PW-9. On 06.03.04 he was posted at PS City Bahadurgarh, Dist.Jhajjar, Haryana. On that day after receiving information that head less body is lying inside the office complex of Sub Divisional Agricultural Office situated near court complex Bahadurgarh, he along with staff reached there. He found a headless body of male in naked condition inside the boundary wall of the office. The blood was also found near the dead body as well as out side the boundary wall of the office towards court complex. In the mean time Inspector Azad Singh of Delhi police along with his staff and ASI Randhir Singh, Incharge Police Post Asodha, PS Bahadurgarh also reached there along with crime team. The dead body was identified to be of SI Satish Kumar of Crime Branch, Delhi Police. Inspector Azad Singh inspected the scene of crime. This witness handed over the head less body to Inspector Azad Singh. The further proceedings were carried by Inspector Azad Singh.
61. During cross examination, he deposed that he State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 62 ::
along with Ct. Wazir Singh, Ct. Om Singh and Ct. Jai Bhagwan reached the spot at about 8 AM. 10-15 public persons and officers of Krishi Vibhag were present there. The dead body was lying at a distance of about 5 feet from the gate connecting the court and Krishi Vibhag. He can not tell if chowkidar were present among those persons. At about 12 noon police officials of Delhi and Crime Branch of Haryana reached there. Some police officials of Delhi were in uniform and some were in civil dress. He handed over the dead body to Inspector Azad Singh at 1.15 PM and left the spot at 1.20 PM. He only signed his statement and no other document.
62. HC Vijay Kumar was examined as PW-10. He deposed that on 06.03.2004 after receiving message from District Control Room West District, he along with mobile Crime Team including SI Naresh Dagar, Incharge reached the spot i.e. near service road, vacant plot on the side of the properties office in village Tikri Kalan in the area of PS: Nangloi. There they found a head of human being partly burnt. SHO Nangloi and ASI Ram Khilari were present there. In the mean time Inspector State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 63 ::
Azad Singh along with staff and some other persons reached there in a tempo. In the said tempo two headless bodies of male persons were lying. The human head was identified to be that of SI Satish Kumar by his relatives and Inspector Azad Singh. In the nearby vacant plot another partly burnt head of human being was found and that was identified to be of Vijay Kumar Swami by his relatives. On the direction of the IO he took photographs of both the places. He also took the photographs of the articles lying near the head. He developed 39 positives. The negatives are Ex.PW10/A1 to A8 with respect to deceased Vijay Swami and the photographs are Ex.PW10/B1 to B8, negative pertaining to the place where head of Satish was found is Ex.PW10/C1 to C31 and the photographs are Ex.PW10/D1 to D31.
63. During cross-examination on behalf of accused Jogender he stated that SI Naresh Dagar received the information and asked him to reach police station Nangloi on the way another message was received by SI Naresh Dagar and they were told about the place where they have to visit. They were in govt. vehicle State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 64 ::
bearing No. DL 1P 3698 Tata 407 driven by HC Ranvir Singh. They reached the spot at about 3.30 pm. Within 5 minutes of their reaching Inspector Azad Singh and other police officials and public persons also reached there along with tempo containing dead bodies. He saw one belt piece partly burnt, pieces of partly burnt mobile phone, partly burnt match box. Some clothes i.e. underwear and baniyan etc. two partly burnt blood stained currency notes of the denomination of Rs.500/- each, one pair of leather shoes. He had also seen I- card of SI Satish Dalal lying near the place where head was lying. It was lying about 2 paces away from the head of SI Satish Dalal. He took the photographs from different angles by standing at some distance. There is no such photographs in which all the articles are clearly visible together. There is no photograph in which I-card of SI Satish Dalal is visible. Vol. There was grass at the place of occurrence. He does not remember how many pieces of belt were there. The pieces of belt in burnt condition are visible in photograph Ex.PW10/D16. The photograph Ex.PW10/D22 and D/16 are of the same spot where the head of SI Satish Kumar was found, but State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 65 ::
were taken from different angle, range and distance. He completed the photography upto 5:15 pm. After taking the photographs he went to PS: Kirti Nagar in the same vehicle along with SI Naresh Yadav. In his presence none of the articles were seized. He did not spot any blood or soil etc. on the I-card as he saw it from some distance. He denied the suggestion that he manipulated the photograph as per the requirement of IO.
64. During cross-examination on behalf of accused Rajender he stated that roznamcha about arrival and departure entry of officers of their branch is being maintained. He did not take any photograph of the surroundings of that plot. He denied the suggestion that he forged and fabricated the photographs and destroyed the original negatives.
65. ASI Ram Khilari was examined as PW-11. He deposed that on 06.03.2004 he was posted at PS:
Nangloi as Incharge Police post: Tikri Kalan. After receiving DD No.9 true copy of which is Ex.PW11/A through Ct. Sri Prakash about a head of human being in burnt condition lying in a vacant plot at Tikri Kalan near bus stand, he along with the staff reached there. He State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 66 ::
found that near service road in a vacant plot behind a room one head of human being partly burnt was lying. In the meanwhile SHO Nangloi, SI Suresh Dabas also reached there with the staff. SHO called the crime team and the photographer. After some time Crime Team with photographer reached there. Information was also given to Addl. SHO PS: Mangol Puri in this regard. The fact regarding the missing of SI Satish Kumar and one public person Vijay Kumar was already brought into the notice of SHO PS: Nangloi by Addl. SHO Mangol Puri. Inspector Azad Singh with staff and relatives of both the deceased along with two headless bodies which were kept in a tempo also reached there. Crime Team and IO inspected the half burnt head. It was identified as of SI Satish Kumar. IO lifted exhibits from the spot i.e. I-card of SI Satish Kumar, bricks, blood stained pants, half burnt cuff of shirt fixed with button and two half burnt currency notes of denomination of Rs.500/- each. Before the seizure of the above mentioned articles, crime team photographer took the photographs, chance prints were also lifted from the I-card of deceased SI Satish Kumar. The head of Vijay Kumar Swami was also State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 67 :: found at some distance in another vacant plot. It was also in burnt condition. The head was identified by Inspector Ajay Sharma and the relatives as of Vijay Kumar Swami. Crime team also inspected the same and took the photographs and also lifted chance prints.
66. During cross-examination for accused Jogender he stated that he received the DD while patrolling in the area of Tikri Village, at about 12:15 pm. At that time HC Dalbir Singh was with him and Ct. Sri Parkash of PP:Tikri border gave him the DD entry. The spot was about 2 km from the place where he received the DD entry. He was on foot. He reached the spot within 15-20 minutes. Some public persons were already present there but he did not ask the names and addresses of the public persons and also did not record their statement. SHO PS: Nangloi reached the spot at about 1:15 pm along with his staff. The skull was lying about 2-3 paces just behind the office of Deep Properties. The various articles as mentioned were lying scattered around the skull within a radius of 3 to 5 paces. The currency notes were partly burnt i.e. about a quarter. The articles were not disturbed till the photographs were taken. The crime State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 68 ::
team and Inspector Azad Singh came to the spot after 3:30 pm. The tempo was parked on service road about 5-6 paces away from the skull. He did not notice the registration number of the tempo. The crime team remained on the spot till 5:45 pm. He saw only one leather shoe on the spot and not a pair of shoes. He cannot tell the total number of photographs taken. He cannot tell about the articles which were lying near the head of Vijay Kumar Swami. The spot was about 1 km from police post Tikri. He did not tell in his statement Ex.PW11/DA that he was on patrolling duty when he received the DD entry. He reached the spot on foot. This plot was having boundary wall of about 4 ft height. The boundary wall was found broken from one side. There was no door or window on the back side of Deep properties. The owner of plot was not called. He did not touch the head found lying on the spot. He did not notice any smoke coming out of the article. He also did not notice any smell of kerosene, petrol etc. He also did not notice any inflammable liquid such as petrol, kerosene etc. lying on the spot. He did not notice any blood lying near the head or scattered on the ground. He conveyed State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 69 ::
the information to SHO after reaching the spot. He did not notice any tyre marks or dragging marks in the said vacant plot or own nearby service road. He remained on the spot till 7:30 pm. He did not sign any memo prepared on the spot.
67. SI Ganga Ram was examined as PW-12. He deposed that on 19.04.2004 he received a letter No.939-R/SHO Mangol Puri addressed to Director Finger Print Beureau Malviya Nagar along with specimen finger and palm impression slip of four accused namely Laxmi w/o Late Sh. Nathu Ram, Rajender @ Jinder S/o Late Sh. Nathu Ram, Vinod Kumar Jatav S/o Sh. Kunwar Pal and Jogender @ Danny S/o Late Sh. Nathu Ram for comparison along with the developed chance prints lifted from the spot by finger print expert Sh. N.K. Sharma. The letter was received vide Diary No. 190/CW/FPB dt. 07.04.2004. on examination of chance prints mark Q1 was found to be identical with specimen middle finger impression mark S-4 on the specimen finger print slip of Jogender @ Danny s/o Late Sh. Nathu Ram. Chance print mark Q2A and QA8 were found to be identical with specimen left State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 70 ::
ring finger and left thumb impression mark S1 and S2 with the finger print impression slip of Rajender @ Jinder s/o Late Sh. Nathu Ram accused. Chance print mark Q10 was found to be identical with specimen thumb impression mark S3 on the finger impression slip of Vinod Kumar Jatav son of Sh. Kanwar Pal. Remaining chance prints were found to be not fit for comparison since the said impressions were either faint, hazy or smugged and partial and did not disclose sufficient number of ridges details in their relative positions for comparison. He proved his report as Ex.PW12/A. The enlarged photograph taken in the process are Ex.PW12/B1 to B6.
68. During cross-examination he stated that he does not remember orally as to how many papers in all with print impression were received by him. The papers/ sheets were bearings the names of four accused persons as their respective print impressions in this case. Except the print impression of the four accused persons the print impressions of none else including the police officials were received by him.
69. SI N.K. Sharma was examined as PW-13. He State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 71 ::
deposed that on 06.03.2004 on receipt of information from crime control room he along with Director Finger Print Bureau R.K. Vajpai went to the area of PS: Nangloi i.e. a vacant plot Deep properties, Tikri Kalan at about 4 pm. At the spot he found IO and other police staff. He found one head partly burnt, one shoe of leather, two currency notes partly burnt of denomination 0f Rs.500/- each, pieces of brown belt partly burnt affixed with buckle, partly burnt woods, one I-card of Delhi Police having photograph of SI Satish Kumar Dalal and his particulars, some pieces of string partly burnt. He examined these articles and found one chance prints on the identify card of SI Satish Dalal. The chance print was first developed thereafter it was photographed. It was given mark Q1 and was lifted from the scene. He gave instructions to the IO to send the specimen prints, finger and palm impression of the suspect/accused/ deceased for comparison with the chance prints at the earliest. He gave his report which is Ex.PW13/A.
70. On 08.03.2004 after receiving instructions from Director Finger Print Bureau he along with police photographer HC Ram Niwas went to the scene of crime State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 72 ::
i.e. F-394 Madi Pur J.J colony Punjabi Bagh. There Inspector K.G. Tyagi had shown him one blood stained chopper and asked him to look for the chance prints. He accordingly examined the same and found two blood stained chance prints upon it. Thereafter this witness along with IO reached at Shivangi Kunj flats near Shakti Clinic, Madi pur. There a Maruti Van of white colour bearing registration No. HR 29J 2904 was found parked. He inspected the said Maruti Van. A blood stained chopper was found in that Maruti Van. He examined the chopper and found 7 chance prints on the maruti van and two chance prints on the chopper. He also took the photographs of the chance prints. The two chance prints found on the chopper recovered from inside the Maruti Van were given Mark Q1 and Q1A. The two chance prints found on the chopper recovered from inside the house were given mark Q2 and Q2A. The seven chance prints recovered from Maruti van were given Q3 to Q9. Thereafter, IO took them to B-229, Mangol Puri where one gents purse was shown to him. Upon the asking of IO he examined the said purse and one chance print was found upon it. It was also photographed and was State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 73 ::
given mark Q10. Thereafter they went to C-570 Mangol Puri there again one gents purse was shown to him. He examined the said purse and found one chance print upon it. He got it photographed and converted it as mark Q11. Thereafter, he gave instructions to the IO to send the specimen finger print and palm impression of the suspects /accused/ deceased for comparison with chance prints at the earliest . He gave his report which are ExPW13/B. Detailed chance print is Ex.PW13/C.
71. During cross-examination he stated that on 06.03.2004 he went to the police post along with Sh. R.K. Bajpai Director finger print bureau at 4 pm. He was confronted with his statement where it was not found mentioned that he found one head partly burnt, one shoe of leather, two currency notes partly burnt of denomination of Rs.500/-each, pieces of brown belt partly burnt with buckle, partly burnt woods, one string partly burnt. He reached the spot in official vehicle driven by one SI Chet Ram. He cannot tell how many public persons and police officials were found there. He met SI Azad Singh. All the articles mentioned by him were found within a radius of 4 to 5 ft from the human State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 74 ::
head lying there. Some dust and leaves were lying over the I-card of SI Satish Dalal. He does not know if the photographer first removed the leave, the dust from the I-card before taking the photographs. The chance print lifted by him was only on one phase of the I-card and not on the opposite phase. He denied the suggestion that he did not examine the opposite side of the I-card. He also denied the suggestion that he did not lift any chance print from the spot. On 06.03.2004 he remained on the spot till 6:00 pm. Photographer was also present on the spot at that time.
72. On 08.03.2004 he reached the spot at 2:00 pm. The house No.F-394 was a single storied house with only one room. He does not know if there was any bathroom in the said room or not. He remained inside the room for about 20 minutes. He does not know if besides the blood stained chopper anything else was recovered from the said room. The said chopper was lying behind a wooden almirah. It was not visible immediately upon entering the room. The chopper was not found wrapped in any cloth or piece of paper. He left the spot after about 20 minutes and reached Shivangi State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 75 ::
Kunj which was about 300 to 200 meters away only. They walked down to the said spot and the vehicle followed them. He was confronted with his statement where it was not mentioned that he examined the foot mat of the front left seat of Maruti van and lifted seven chance prints. He was also confronted where it was not found mentioned that two chance prints were found on the chopper found inside the van and were given mark Q1 and Q1A. He was not able to give any answer as to why he has given mark Q1 and Q1A on the chance prints found on the chopper inside the van and Q2 and Q2A on the chance prints found on the chopper recovered from the house when the chopper from the house was recovered earlier. He denied the suggestion that no chopper was recovered from House No.F-394. The spot was about 30 to 35 km from his office. He reached there in Tata Sumo vehicle which he himself has hired. He reached the house No.B-229 Mangol Puri at 3:45 pm. The house is situated in thickly populated area. House was already open and SI Sriniwasan met them there. He does not remember the colour of the purse. The chance print was only on one side and not State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 76 :: on the other side. The purse was already recovered by the police. H.No.B-229 was a double storied house. He reached H.No. C-570 at 4:10 pm. The said house was also two storied. He stayed at C-570 for about 45 minutes. The purse was lying on the floor. He was wearing the gloves and lifted the purse using the gloves. He did not inquire from Inspector K.G. Tyagi as to from where the purse shown to him at H.No.B-229 was recovered.
73. Inspector Samay Singh was examined as PW-14.
On 07.02.2003 he was posted in Crime branch Anti Homicide Section, Prashant Vihar. On that day he got issued one revolver No.1108 and five live rounds from the malkhana of PS:RMD Old Delhi Railway Station in his name. He used that temporarily and thereafter deposited it in the malkhana of PS: Prashant Vihar. As and when the same was required by him or other staff of crime branch of his section, the revolver and rounds were issued to him and to the other police officials also. The revolver and rounds were deposited, generally by giving a slip by officer concerned or by personally handing over the same to MHC(M). He had identified State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 77 ::
the revolver as well as the cartridges.
74. During cross-examination he deposed that in the month of April 2004 he was transferred from crime branch and joined as additional SHO PS:Malviya Nagar.
He was not called by the IO of PS: Mangol Puri prior to 28.04.2004. SHO made him a telephonic call and asked him to join investigation. He went to PS:Mangol Puri on official motorcycle. He left the police station Malviya Nagar at about 3 pm. He did not make any arrival entry at PS:Mangol Puri. He denied the suggestion that he did not visit PS:Mangol Puri.
75. During cross-examination for accused Rajender he denied the suggestion that he was never posted in Anti Homicide Section, Prashant Vihar. If an officer concerned gets transferred out from Crime Branch then he has to deposit back the weapon. At the time of issuance of weapon nothing is mentioned as to whether weapon is being issued permanently or on temporary basis. He had not given any information to the RMD Malkhana that he had deposited the said weapon temporarily in PS: Prashant Vihar malkhana. He deposited the weapon in the PS: Prashant Vihar State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 78 ::
Malkhana on 07.02.2003 itself. Whenever required it was taken out from there only.
76. Sh. Rajesh Kumar Singh Metropolitan Magistrate was examined as PW-15. He deposed that on 21.04.2004 he was posted as MM at Tis Hazari. An application for TIP was assigned to him by his Ld.Link Magistrate. He fixed the TIP for 27.04.2004. The application is Ex.PW15/A. On 27.04.2004 Inspector K.G.Tyagi appeared along with the witnesses Pardeep Kumar Sharma and Harish Dalal. The TIP was to be conducted with respect to the belongings of SI Satish Dalal. Harish Dalal was the brother of deceased and was identified by Inspect K.G. Tyagi. He conducted the proceedings in his chamber attached to court room No. 180, Tis Hazari Courts. The witness was sent outside after identification by the IO. The IO produced the case property in a white sealed pullanda having seal of SR and having particulars of the case. He also produced property for mixing in a white sealed pullanda sealed with the seal of SR. Thereafter IO was asked to leave the chamber. After arranging the articles and ensuring that the witness does not have any opportunity to know State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 79 ::
their arrangement and the identity of the articles, the witness Harish Dalal was called in and he correctly identified the case property. The original TIP proceeding is Ex.PW15/B, signature of the witness is at point A on page 2 on Ex.PW15/B. The case property was sealed with the seal of RKS and returned to the IO. The identification of the IO is at point D at page-1. Thereafter, the TIP of the belongings of deceased Vijay Kumar Swami was conducted similarly the case property in sealed parcels having seal of RSS and the property for mixing in a pullanda having seal of RSS was produced. Witness was identified by the IO. The case property and the property for mixing was mixed. Thereafter, witness was called who also correctly identified the case property. Thereafter, the case property was sealed. Property brought for mixing was also sealed with the seal of RKS and returned to the IO. The IO TIP proceedings are Ex.PW15/C. The copy of the proceedings were supplied to the IO on application Ex.PW15/D.
77. During cross-examination he denied the suggestion that he has not carried out the TIP State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 80 ::
proceedings in accordance with procedure prescribed by law.
78. ASI Dharam Pal was examined as PW-16. On the night intervening 05/06th March 2004 he was working as duty officer at PS: Mangol Puri from 1 am to 9 am. At about 3:10 am on 06.03.2004 Ct. Anil Kumar handed over rukka to him sent by SHO Inspector K.G. Tyagi, PS: Mangol Puri. On the basis of the rukka he recorded FIR No.139/04 u/s 365 IPC. He proved the carbon copy of FIR as Ex.PW16/A. He handed over the original rukka and copy of FIR to Inspector Azad Singh Addl. SHO PS:
Mangol Puri for further investigation after registration of FIR. He also made endorsement on the rukka encircled at point X having his signature at point Y.
79. During cross-examination he stated that Azad Singh Addl. SHO was sitting in his office. This witness himself had gone to hand over the copy of FIR along with rukka to him on the directions of SHO Inspector K.G. Tyagi.
80. Padam Singh was examined as PW-17. He is the record keeper of the MLO office, Mall road. He produced the record of Santro Car No. DL 6X Q 0072. As per their State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 81 ::
record the car was initially registered on 22.04.2002 in the name of one Vikas Shokeen r/o DU-10, Pitam Pura New Delhi. Subsequently, Smt. Laxmi Devi applied for transfer of said car in her name and accordingly on 15.12.2003 the car was transferred and registered in the name of Smt. Laxmi Devi w/o Sh. Nathu Ram R/o 639, C-block Mangol Puri. He proved the record as Ex.PW17/A. The testimony of witness has gone unchallenged and uncontroverted.
81. ASI Randhir Singh was examined as PW-18. On 06.03.2004 he was posted as Incharge police post Asodha, PS: Sadar Bahadurgarh. On receiving information regarding a headless dead body of a male person in naked condition near polymer factory, he along with his staff reached there. He found a head less body of a male person in naked condition lying in front of gate of the factory by the side of road. He inspected the scene of crime. He found tatoo of Vijay Swami on the left arm of the body. He informed the senior officers.
Photographer and crime team in Rohtak was also informed. In the meantime Inspector Ajay Sharma who told him that he is from Crime Branch along with the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 82 ::
staff also reached there in a vehicle number of which he does not remember. The dead body was inspected by Inspector Ajay Sharma and he identified him as Vijay Shankar Swami. On the basis of the structure and the tatoo on the left hand. He also told that Vijay Swami was abducted from Delhi. Inspector Ajay Sharma gave information to the relatives of Vijay Kumar Swami and asked them to reach the spot and identify the body. In the meantime he received message on the wireless set from PS: City Bahadurgarh that a headless dead body in naked condition is lying inside the office complex of Sub- divisional Agricultural office of Bahadurgarh Haryana, situated in court complex Bahadurgarh. He left one constable on the spot and one police constable of Delhi to guard the place of occurrence. Thereafter this witness along with Inspector Ajay Sharma and other police officials of Delhi Police and his staff reached the court complex Bahadur Garh. He found a headless naked body of one male young person lying by the side of the wall of sub-divisional agricultural office. Blood was also noticed near the wall and outside the wall of the office. Inspector Ajay Sharma identified the dead body as of State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 83 ::
deceased SI Satish Kumar of Crime Branch of Delhi police who was also abducted. Inspector Ajay Sharma informed the family members of the deceased and requested them to reach at the spot to identify the dead body. The photographer and crime team of Haryana Police reached there on his information. Crime team inspected the place of occurrence and also took photographs from different angles. In the meantime family members of SI Satish Dalal also reached there. They identified the body as of SI Satish Kumar Dalal. Inspector Ajay Sharma lifted the blood stained earth, earth control etc. Inquest proceedings were carried out. Thereafter, the dead body was lifted from there in a TATA 407 the number of which he does not remember. Thereafter, they reached outside the gate of Real Polymer factory. The relatives of Vijay Kumar Swami were already there. They also identified it to be of Vijay Kumar Swami from there Delhi police lifted blood stained earth, earth control etc and prepared the inquest proceedings. Crime team and photographer of Haryana police inspected the place and also took the photographs. Thereafter that head less body was also State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 84 :: loaded in the same tempo. In answer to the leading question put by Ld. APP he stated that it was Inspector Azad Singh who lifted the exhibits from the spot and not Inspector Ajay Sharma.
82. During cross-examination on behalf of accused Joginder he deposed that information about the body was given by a worker of the factory. He did not record his name in the daily diary as he did not disclose his name. When he reached the spot about 50 public persons were present there. HC Telu Ram, Ct. Suresh, ASI Randhir Singh and one more Head constable accompanied him to the spot. The accompanying police officials did not sign the departure entry. They all were in uniform. They reached there at about 9:00 am. Delhi police official reached there at around 10 am. The crime team official and photographer reached there at around 11:10 am. During 9 to 10 am he conveyed the information to the senior officer. No writing work was carried out by him. There were 8 to 10 Delhi police officials and out them only Inspector Azad Singh was in uniform. He is not aware what documents in all were prepared by Delhi police officials or which document State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 85 ::
was prepared first in time. The watchmen was present at the gate but he does not remember his name.
83. On the second spot 40 to 50 public persons were present there. He is not aware as to how many exhibits were lifted by Inspector Azad Singh. Delhi police officials arranged the tempo. This witness did not sign any document. Inspector Azad Singh prepared the documents while sitting on the spot. 2Nd time they reached at the spot of polymer factory at 1:10 pm. He had not seen the heads of the bodies. They left the spot at around 2:15 pm. Inspector Azad Singh and Delhi Police officials also came to PS: Sadar Bahdurgarh.
Arrival entry was made in the roznamcha. Inspector Azad Singh recorded his statement at PS: Sadar.
84. During cross-examination for accused Rajender he deposed that name of Vijay Kumar Swami was found tatooed on his left hand in Devnagri script 'Hindi'.
85. Ram Kumar Verma Addl. DCP South West was examined as PW-19. He deposed that on 02.06.2004 he was posted as Addl.DCP North West. On that day IO of the case produced before him relevant documents i.e. charge sheet, statement of witnesses, seizure memo, State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 86 ::
disclosure statements and brief facts. After going through the record and applying his mind he gave sanction u/s 39 of the Arms Act against accused Rajender @ Jinder s/o Sh. Nathu Ram for his prosecution u/s 25 Arms Act. The sanction order is Ex.PW19/A.
86. During cross-examination he stated that he came to know about the registration of the case on 06.03.2004. He came to know about the recovery of the revolver from the possession of accused Rajender only on the day when case file was placed before him for according sanction. He did not visit PS: Mangol Puri on the day of arrest of accused Rajender. He denied the suggestion that revolver was planted upon accused Rajender.
87. Sh. R.S. Dahiya was examined as PW-20. He deposed that on 05.03.2004 he was posted as ACP Anti homicidal in crime branch at Prashant Vihar. On that day Inspector Ajay Sharma told him that his informer had informed that a Santro car with fictitious number plate is parked outside the house of Laxmi Sasan in C-block Mangol Puri and that the car may be involved in heinous State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 87 ::
crime. To verify this information DD No.25 was recorded at 7:10 pm. SI Satish Kumar and HC Yashpal were deputed to verify the information. On the request a revolver No:1108 along with 5 cartridges which was issued in the name of SI Raj Singh of Anti Homicide section of Crime Branch was handed over to SI Satish Kumar in his presence. He identified the revolver and the live cartridges as Ex.PX-1 and cartridges as Ex.PX2 to Ex.PX6. On 03.06.2004 he gave the complaint u/s 195 Cr.PC which is Ex.PW20/A which bears his signature at point A and handed over the same to Inspector Azad Singh. He deposed that accused Vinod died in encounter on 07.04.2004, conducted by the Special Cell.
88. During cross-examination on behalf of accused Rajender he stated that Inspector Ajay Sharma gave him information at about 7 pm. They left anti homicide section at about 9 pm. He has personally not gone through DD no.25. He has not mentioned in report Ex.PW20/A with regard to the information given to him by Inspector Ajay Sharma and also regarding lodging of DD No.25 and his oral direction given to Raj Singh to State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 88 ::
hand over .38 revolver to SI Satish Kumar. He has also not mentioned that revolver was handed over to SI Satish Kumar by SI Raj Singh in his presence. The revolver was handed over to SI Satish at about 7:15 pm in his room. It is not mandatory for a person to whom weapon is issued to change the custody to hand over the same to other person with a written authority from a superior officer or to record the same in DD. Vol. It can be done on the oral instructions of the superior officer in case of emergency. He does not remember, if in any other case also he has given similar instructions in writing or in oral.
89. HC Surender Kumar photographer PS: Jhajjar was examined as PW-21. He deposed that on 06.03.2004 on receipt of direction to reach PP: Jashoda near Real Polymer factory he reached there. ASI Randhir Singh of Haryana police was present along with some officials of Delhi Police. At their instance he took photographs of headless body lying in naked condition and also of the surrounding area. He took 8 photographs the negatives are Ex.PW21/A1 to A8 and the photographs are Ex.PW21/B1 to B8. Another State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 89 ::
information was received that another dead body is lying near Bahadurgarh court complex near Krishi Vigyan office. He accordingly went there along with the other police officials. There also a headless body in naked condition was lying. On the direction of IO he took 8 photographs the negatives are Ex.PW21/C1 to C8 and the photographs are Ex.PW21/D1 to D8.
90. During cross-examination for accused Jogender he stated that when he got the initial information he was present at PS: Jhajjar. He was informed by ASI Randhir Singh, on mobile phone and departure entry was made by moharrar head constable. He reached the spot in a private vehicle. Inspector Azad Singh and SI Ajay Sharma was present there. He does not remember the rank of other police officials. He did not read the words tatooed on the hand of the dead body. But he noticed the same and tatoo is also visible in the photograph but not legible. The said words were in English. He does not know as to how the information about the second body was received. He also does not remember as to how many police officials were left at the first spot. He reached the second spot in a police vehicle and reached State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 90 ::
there at around 11:30 am. He remained there for about 30 minutes or so. He does not know if any writing work was carried out or not. He again reached the first spot at about 1:30 pm. His statement was recorded at 3 pm at PS: Sadar Bahadurgarh by Inspector Azad Singh. He left the PS:Sadar Bahadurgarh at 3:30 pm.
91. During cross-examination on behalf of remaining accused. He deposed that the negatives from No.26 to 33 have not been placed on record by him as the same got spoiled because flash was not working at that time.
He also did not give the negatives to the IO. He also stated that negatives number of 1 and 2 of the second roll have also not been placed on record. He denied the suggestion that he has deliberately withheld certain photographs which did not suit the prosecution.
92. Ct. Naresh Kumar was examined as PW-22. He tendered his affidavit dt. 14.01.2008 regarding his examination in chief which is Ex.PW22/A. On 27.01.06 He took one wooden box sealed with seal of FSL, Hyderabad, AP from MHC(M) vide RC no.688/21/05 for producing the same in the court of Ld.MM Sh.Deepak Garg. He produced the case property before the Ld.MM. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 91 ::
Case property was divided into two parts. One part was put in the same wooden box and was resealed with the seal of DG. The other part was put in a separate pullanda of white cloth and sealed with seal of DG. He returned to the PS and re-deposited the case property in malkhana. The photocopy of RC is Ex.PW-22/B.
93. During cross-examination he stated that the departure entry was made at around 10:00 or 10:30 am and the arrival entry was made at about 4:00 pm. He took the case property in a private vehicle hired from road side. He did not sign register No.19 while receiving case property from malkhana. He denied the suggestion that he did not take the case property.
94. Ct. Shri Om was examined as PW-23. On 30.01.06 he took two plastic jar parcels sealed with the seal of AS, one carton box sealed with the seal of DG, one FSL form, sample seal of DG from MHC(M) vide RC no.691/21/05 and deposited the same at FSL, Rohini. He took the acknowledgment from FSL on RC and deposited the same with MHC(M). No body tampered with the same till case property remained in his possession. He proved the photocopy of RC as Ex.PW- State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 92 ::
23/B.
95. During cross-examination he stated that he collected the case property at around 10:30 am and also made the departure. He did not sign the departure entry.
He returned at around 4:00 or 4:30 pm. He reached FSL in a TSR. He denied the suggestion that he did not take any case property to FSL.
96. HC Darvesh was examined as PW-24. He proved the entries in register no.19 and 21 as Ex.PW- 24/A to PW-24/Q.
97. During cross-examination he deposed that while handing over the case property to SI Ashok Kumar on 27.01.2005 he did not obtain his signature in register No.19. He admitted that in the road certificate Ex.PW24/M dt.27.01.2005 there is no mention of CFSL form having been sent along with case property. He admitted that in the entry Ex.PW24/C in the date fluid has been applied in the month portion and RC No.446/21/05 has been written after putting arrow on the top of the entry. He denied the suggestion that he has manipulated the figure 27 in the entry. He admitted that sample seal i.e. FSL NK Delhi was available on State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 93 ::
27.01.2005 but inadvertently could not be sent along with the case property and subsequently it was sent on 02.02.2005 vide RC Ex.PW24/N. He denied the suggestion that no such articles were infact sent to CFSL Hyderabad by him or seal of FSL NK Delhi was fabricated. He did not inquire from Ct. Mohd. Rafiq as to when he returned to Delhi. He did not ask SHO as to why the case property articles were being sent to the court on 27.01.2006.
98. During cross-examination for accused Jogender he deposed that he did not make any entry in register No.19 regarding receiving back of articles from AIIMS.
He denied the suggestion that all the entries in register No.19 were manipulated.
99. HC Preet Singh from PCR was examined as PW-25. He tendered his affidavit in evidence as Ex.PW25/A in evidence. On 03.05.06 he brought two sealed parcels and one carton box sealed with the seal of FSL, Delhi and the other having seal of FSL, Delhi and deposited the same with MHC(M) Mangol Puri. Till the property remained in his possession no one tampered the same.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 94 ::
100. During cross-examination he stated that he left the police station before 2 pm but does not remember the exact time of departure. He brought the case property articles on officials motorcycle.
101. HC Lal Chand was examined as PW-26. His examination was also recorded on affidavit Ex.PW26/A. He produced the relevant arms register and proved the copy of the entry No.4 dt. 07.02.2003 as Ex.PW26/B. He also identified the revolver as Ex.PX-1 and the 5 live cartridges and the test fired cartridges as Ex.PX2 to PX6.
102. During cross-examination he denied the suggestion that entry Ex.PW26/B has been made subsequently. Any arm can be issued to any police official as per the requirement. He denied the suggestion that he did not issue any such revolver or cartridges to Inspector Samay Singh.
103. During cross-examination for accused Rajender he stated that there is no printed sl.no. on the pages. He volunteered that it is a bound register and he himself put the number in his hand on different pages. He admitted that Page No.31 and 32 containing entry pertaining to State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 95 ::
the present case is having cello tape running into entire length. He vol. That the page had given the way so the tape was put. He does not remember who put the tape on the said page. He admitted that the entries in the register has been made till page No.270. The order of ACP or DCP is kept in order file. No reference of the said order is made in the register. Without seeing the order file he cannot tell as to on whose order the gun was issued.
104. HC Om Parkash was examined as PW-27. He tendered his affidavit Ex.PW27/A and also brought the temporary arm issue register of crime branch Prashant Vihar. Photocopy of the same is Ex.PW27/B. The witness identified the revolver as Ex.PX1 and the cartridges as Ex.PX2 to PX6.
105. During cross-examination for accused Rajender he admitted that the pagination of the register has been done in hand. Both the entries of 05.03.2004 have been made in single row. Pagination has been done only upto page No.62 and on the remaining pages there was no serial number and the entries were also made upto page No.62. He denied the suggestion that relevant entry State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 96 ::
pertaining to present case was subsequently forged and fabricated by him. On page No.17 the recipient of revolver No.1108 has put his signature in a different column as from the one where the other recipients had put their signatures. He denied the suggestion that signature were obtained in different column as designated column was already filled. He denied the suggestion that he fabricated the entry.
106. HC Rajender Singh was examined as PW-28. He tendered his affidavit of evidence Ex.PW28/A. He took the sealed pullandas to FSL vide RC No.61/21/04, deposited the same, obtained the receipt of it and handed over to MHC(M). He proved the RC as Ex.PW28/B.
107. During cross-examination he stated that in the affidavit RC number is not mentioned, he did not sign register No.19. He denied the suggestion that he did not take pullandas from MHC(M).
108. Inspector H.S.P Singh was examined as PW-29. He deposed that in the year 2005 he was working as SHO PS: Mangol Puri. The main charge sheet in the case No.139/04 PS: Mangol Puri had already been filed. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 97 ::
During investigation of the case IO of the case sent exhibits to FSL Rohini for DNA test report to AIIMS Delhi. From the AIIMS Delhi those exhibits were sent for DNA test to FSL Hyderabad. On the receipt of the results reports from FSL Rohini, FSL Hyderbad and AIIMS Delhi. He also collected the DNA test report from No.TTDARF1DNA FP2004-02 dt. 02.12.2005 and DNA finger printing laboratory AIIMS and report No.DNA/24/2005 & SER 669/2004 FSL Hyderabad and FSL report No.FSL2004/B-0996 dt.28.04.2005 and report NO.FSL2004/B-0996/304 dt.24.02.2005 which were filed vide supplementary charge sheet. Some exhibits were sent to FSL Rohini for blood grouping and report was still awaited at that time. It was mentioned that supplementary charge sheet will be filed lateron on receipt of those results. The supplementary charge sheet filed by him is Ex.PW29/A dt. 10.12.2005. He also filed the list of the witnesses Ex.PW29/A1. The DNA test report dt.02.12.2005 is Ex.PW29/P1 which runs into 7 pages and the report received from FSL Hyderabad iis Ex.PW29/P2 which runs into 11 pages. The covering letter of both the reports is Ex.PW29/P3. The FSL report State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 98 ::
of FSL Rohini i.e. 3 reports are Ex.PW29/P4, P5 and P6 and the covering letter is Ex.PW29/P7.
109. During cross-examination he stated that the reports were collected by some police officials but he does not remember their names.
110. Inspector Shiv Dayal was examined as PW-30. He deposed that in the year 2006 he was working as SHO PS: Mangol Puri. The charge sheet in case FIR No.139/04 was already pending trial in the court. Supplementary charge sheet dt.10.12.2005 was already filed. The blood grouping opinion was obtained in terms of orders of Ld. MM dated 27.01.2006. The exhibits were already deposited in FSL Rohini for blood grouping. The reports were received from FSL which were submitted before the court along with supplementary charge sheet Ex.PW30/A. The list of documents Ex.PW30/B and the list of witnesses Ex.PW30/C. The FSL reports are Ex.PW30/P1, Ex.PW30/P2 and Ex.PW30/P3. The covering letter is Ex.PW30/P4. He was cross-examined but nothing material came on record to discredit the witness.
111. ASI Hari Singh was examined as PW-31. He filed State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 99 ::
his affidavit and besides that he was also examined in the court. He proved the entries in register No.19 and also 21 as Ex.PW31/A to Ex.PW31/Q.
112. During cross-examination he stated that during the time he made entries in register No.19 Inspector Azad Singh remained present there. He did not ask him to sign in the register. On 12.03.2004 Inspector K.G Tyagi left after handing over to him the case property articles and seizure memo and thereafter he made entries in register No.19. He admitted that he only reproduced the seizure memos handed over to him. He was also given sample seals along with the sealed pullanda whenever the case property was deposited. On 24.05.2004 no FSL form was sent along with the case property articles. It was sent by the word 'sample seal' i.e. the seal impression. There were pullandas having seal of KGT but no sample seal of KGT was sent along with the road certificate Ex.PW31/H. He denied the suggestion that the entries have been manipulated.
113. Sh. Naresh Kumar senior scientific officer Biology was examined as PW-32. He proved his report regarding biological examination as Ex.PW29/P4 State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 100 ::
sereological examination report Ex.PW30/P1 to P3.
114. During cross-examination he stated that he cannot tell the name of the person who received samples in FSL. But after going through the record he told that Pankaj Kumar Lab attendant received the samples. He denied the suggestion that he was not competent to examine the exhibits. Dr. Rajender Kumar was the head of the BIO division at that time.
115. Sh. Parshuram Singh senior scientific officer Physics was examined as PW-33. He proved his report as Ex.PW30/P1. Nothing material came in his cross- examination to discredit the witness or against the report.
116. SI Mukesh Kumar was examined as PW-34. On 08.03.2004 he joined the investigation with Inspector KG. Tyagi. At about 6 or 6:30 am he along with Inspector K.G Tyagi and other staff were searching for accused persons. At about 9 or 9:30 am they reached Kalamandir cinema road. A secret informer informed that accused Laxmi had come to her daughter's house at C-block Mangol Puri and from there she would go to some other place, if raided she can be apprehended. On State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 101 ::
this information Inspector KG Tyagi asked 3-4 passersby to join but none agreed and left without telling their names and addresses. Thereafter they formed the raiding party consisting of Inspector KG Tyagi, SI R. Sriniwasan, SI Shivraj, ASI Jai Singh, HC Omender, HC Pawan, W/HC Anil Sharma, Ct. Suresh, Ct. Rajneesh, HC Narender, HC Sushil and Ct. Anil. They reached the house of daughter of Laxmi at about 9:30 or 9:45 am. They were already in four private vehicles. Three Maruti cars and one TATA Sumo. 7 police officials including Inspector K.G Tyagi entered the house of daughter of Laxmi. Other police officials including this witness remained outside the house. After about 10 minutes they came out along with accused Laxmi. Witness has correctly identified her. Accused Laxmi told that the other three absconding accused persons were present near Nagababa Mandir Mangol Puri Industrial Area and likely to leave that place. Thereafter, they all along with accused Laxmi reached Nagababa Mandir Mangol Puri. On the pointing out of Laxmi three accused persons namely Rajender @ Jinder, Jogender @ Danny and Vinod Jatav were apprehended. Witness has correctly State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 102 ::
identified all of them, from behind Nagababa Mandir. Though the accused tried to run away on seeing the police but they were apprehended. Accused Rajender @ Jinder also tried to take out a pistol from his right side dub but he was over powered. They were brought to a place where they could sit for proceeding and Inspector KG Tyagi took the search of all accused persons and also interrogated them. The revolver recovered from accused Rajender @ Jinder was checked it was found to be of .38 bore containing 5 live cartridges. The revolver and 5 live cartridges were converted into pullanda with the help of white cloth. Sealed with the seal of KGT and seized. Disclosure statements of all accused persons were recorded. Inspector K.G Tyagi directed this witness to conduct investigation with respect to accused Rajender @ Jinder. According to disclosure statement made by accused Rajender. This witness along with accused Rajender @ Jinder, HC Omender, HC Sushil, Ct. Rajneesh reached Shivangi kunj, Madipur, Delhi in Maruti car. They parked Maruti car outside Shivangi Kunj. Accused Rajender @ Jinder led them inside Shivangi Kunj and pointed towards State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 103 :: Maruti van No.HR 29J 2904. There were blood stains on the body of the Maruti van itself. It was found locked. He informed Inspector K.G Tyagi about the Maruti Van. At about 3.30 pm Inspector K.G. Tyagi along with Crime team and other staff reached Shivangi Kunj flats. There was a key recovered from accused Rajender @ Jinder in his personal search which he told that it is of the Maruti Van. The Maruti van was opened in the presence of Inspector K.G. Tyagi on his direction. Blood stained knife was recovered from beneath the mat of driver seat. Crime team also inspected the said Maruti van and lifted the chance prints from the van. K.G Tyagi also lifted blood from various places in inside the Maruti Van. Three separate parcels were prepared keeping the blood stained cotton separate boxes. Those were sealed with the seal of KGT and were seized vide memo Ex.PW34/A. Inspector K.G Tyagi also cut a piece of mat having blood stains, put in a cloth parcel sealed with the seal of KGT and seized vide memo Ex.PW34/B. Thereafter, Inspector K.G Tyagi left Shivangi Kunj apartment along with crime team directing him to conduct further investigation. The sketch of the knife State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 104 :: was prepared which is Ex.PW34/C. It was put in a cloth parcel sealed with the seal of MKS and seized vide memo Ex.PW34/D. The blood stained Maruti van was also seized vide memo Ex.PW34/E. Thereafter they all along with the accused reached at C-570, as he was asked by Inspector K.G Tyagi to reach there. Inspector K.G Tyagi was already there along with other staff. Accused Rajender @ Jinder also pointed out towards house No. C-570, Mangol Puri where they strangulated the deceased persons. Pointing memo in this regard was prepared. All the three accused persons also pointed out the places at Tikri border where they had burnt the heads and other belongings of the deceased persons. Memos in this regard were prepared by Inspector K.G Tyagi. Thereafter accused persons also pointed out the place at court complex where they had cut the neck of SI Satish Dalal and left the headless body. Thereafter, they proceeded towards Rohtak at Real polymer factory and pointed out the place where they had cut the head of Vijay Kumar Swami and left the headless body. The witness has identified the knife as Ex.PW2/M2 which was recovered from beneath the mat State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 105 :: of Maruti Van and also the piece of the mat which was kept as Ex.P13. The Maruti Van is identified as Ex.PW31/F. The witness stated that he also prepared the site plan of place of recovery of Maruti van which is Ex.PW34/F. On 26.08.2008 the Ld. Counsel gave the statements that they have no objection if Maruti Van No.DL 4CF 5015 Ex.PW31 be released on superdari subject to placing on record photographs of said Maruti Van and they will not insist for production of said Maruti van during examination of remaining prosecution witnesses.
117. During cross-examination this witness stated that all the four vehicles were private vehicles. He does not know who arranged those vehicles and from where. He had not heard the talks which Inspector K.G Tyagi had with 4-5 public persons asking them to join the proceedings. The secret information was received about 25 to 30 paces ahead of Kala Mandir Cinema. Only Inspector Tyagi got down from the vehicle and none else. He is not aware as to how many daughters accused Laxmi had. The team headed by Inspector K.G Tyagi and ASI Shivraj had entered the house of Moni.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 106 ::
The team headed by this witness and SI R Sriniwasan cordoned the area from outside. No public persons gathered on the spot. It was a thickly populated residential area. He does not know if Moni was there in the house or not. The vehicles were parked on the main road and the house of Moni was in the gali at a distance of about 150 to 200 yards. They left for Nagababa Mandir at around 9:45 am. The accused persons were present in the bushes behind the rear wall of the temple. The accused persons were pointed out from a distance of about 20 to 25 paces by accused Laxmi. The accused persons tried to flee away but were apprehended within a distance of about 8 to 10 paces. All the accused persons ran towards railway line. It was not a populated area. There was one DESU store also nearby but no one was present at that store. This witness did not call anyone from the temple to join the proceedings. He does not know if Inspector Tyagi called anyone or not. No one came out from the temple of his own. Whatever was recovered in the personal search of accused Rajender was kept by Inspector Tyagi. He does not know as to whether the articles recovered from other State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 107 ::
two accused persons in their personal search were also kept by Inspector Tyagi. Many officials were carrying out the writing work as per the directions of Inspector Tyagi. The sketch of revolver and cartridges recovered from accused Rajender are in his hand. The seizure memo is not in his hand. The arrest memo and personal search memo of accused Rajender is not in his hand.
118. During cross-examination for accused Rajender he stated that Nagababa Mandir was not visible from the house of Moni. It was about 1½ km from the house of Moni. House of Rajender is also about 1½ km away from Nagababa Mandir. The road to Mandir from Moni's house was motor-able. Accused Laxmi was in the vehicle of ASI Shivraj. The vehicles were parked at a distance of about 50 yards from the Mandir. In his presence before reaching the temple no writing work was carried out. The first document prepared was arrest memo of accused Laxmi which was prepared near Nagababa Mandir after apprehending the other three accused. He denied the suggestion that the area surrounding Nagababa Mandir is thickly populated. First of all accused Laxmi was interrogated then accused State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 108 ::
Rajender then Jogender and lastly Vinod. The disclosure statements were also recorded in the same sequence. He is not aware of the exact time consumed in interrogating accused Laxmi or the other accused. Accused Rajender was interrogated for about 15 to 20 minutes and thereafter his disclosure was recorded in about 30 minutes or so. After apprehension of accused Rajender the first document prepared was sketch of revolver and cartridges recovered from him. He denied the suggestion that sketch of revolver and cartridges are not in his hand. Shivangi Kunj was at a distance of about 4-5 kms from the said Mandir. He used the PCO for communicating with Inspector Tyagi, which was about 50-60 paces away from the place where Maruti Van was found. He did not ask anyone to join the proceedings on the way to Shivangi Kunj. At Shivangi Kunj he knocked at the doors of 2-3 flats but no one opened. As no one came hence he did not inquire as to since when the said car was parked there. Inspector K.G. Tyagi reached there at about 3:30 pm i.e. after about 30 minutes of informing him. No public person came over there. He left the spot at about four or 4.30 State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 109 ::
pm. He denied the suggestion that nothing was recovered in the personal search of accused Rajender much less the key of that van. He denied the suggestion that Rajender was not arrested from the place and the manner as deposed by him. No writing work was carried out by him before arrival of Inspector Tyagi. The photograph of the place were taken where van was standing. He did not take out the knife from inside the van. The crime team official took out the knife from van but he does not remember his name. The blood was lifted prior to taking chance prints. The chance prints were lifted from front two doors and side mirror of driver seat. The mat which was cut was lying in front of the seat adjacent to the driver seat. Before this witness left Shivangi Kunj the Inspector Tyagi along with the other staff had already left. Inspector K.G Taygi asked him to reach at C-570 Mangol Puri after completing the proceedings which was about 5 to 6 km away from Shivangi Kunj. This witness had never been to C-570 earlier. He denied the suggestion that accused Rajender did not lead him to C-570 Mangol Puri or he never disclosed that they strangulated SI Satish Dalal and State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 110 :: Vijay Kumar after kidnapping them. This witness has not entered house No.C570 Mangol Puri and hence does not know if Jogender was inside the house. However, when Inspector Tyagi came out accused Jogender was with him. HC Sushil had driven the van but no one sat in that van. Police station Mangol Puri was about 6-7 km from Shivangi Kunj. This witness left C-570 Mangol Puri at 5:30 or 6:00 pm. Except the team lead by ASI Shivraj they all left together H.No.C-570. Before leaving for Tikri border they had not gone to PS: Mangol Puri. It was not less than 20 km. It took them about 30 to 45 minutes in reaching Tikri Border. The van remained in the custody of SI Shivraj at C-570. After completing the investigation they returned to PS:Mangol Puri at 9 or 9:30 pm. He had not seen the place at Tikri border concerning the present matter earlier. He is not aware if any of the police official of party was having prior knowledge of the area or place. He remained seated in the vehicle and hence has no knowledge if IO joined any public person in the proceedings or not. Accused were taken by HC Omender and HC Sushil. Bahadurgarh court complex was about 10 to 12 km from the said place and he is not State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 111 :: aware if IO joined any person over there.
119. During cross-examination for accused Laxmi and Vinod he deposed that the secret information received was not reduced into writing. He is not aware if any police official knew Laxmi before. No other family member of Laxmi accompanied her from the house of Moni. The personal search of accused Laxmi was not conducted in his presence. He denied the suggestion that Laxmi was not arrested from there or that she had not taken the police party to Nagababa Mandir or pointed out the other accused persons.
120. SI Shivraj was examined as PW-35. He also deposed on the lines of PW-34 regarding arrest of accused Laxmi and the other accused persons. He also deposed about the recovery of revolver .38 bore loaded with 5 live cartridges from the right side dub of wearing pants of accused Rajender and the disclosure statement made by them. He further deposed that after arrest of all these 4 accused persons Inspector K.G Tyagi formed four teams of police officials with one accused in each team along with different police officials. This witness has to carry investigation with respect to accused Laxmi State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 112 ::
along with W/HC Anil Sharma and HC Pawan. IO handed over the copy of disclosure statement of accused Laxmi to him and key of house of her son Rajender @ Jinder with the direction to remain present at the place. Thereafter this witness along with the accused Laxmi W/HC Anil Sharma and HC Pawan reached H.No.C-570 Mangol Puri, the house belonging to accused Rajender @ Jinder. Laxmi opened the lock of the house and they all entered the house. Accused Laxmi took out a maroon colour purse with some articles inside from beneath seat of sofa placed inside the room and handed over to this witness telling that the said purse belongs to deceased police official. This witness informed Inspector K.G Tyagi about recovery of purse. Inspector K.G. Tyagi asked him not to disturb the articles in the purse. At about 4:00 or 4:30 pm Inspector K.G. Tyagi along with crime team reached the house of accused Rajender @ Jinder along with accused Jogender and other police staff. The crime team took the photographs of the purse. Finger Prints were also lifted. Thereafter the purse was given to this witness. He checked the purse and it was found containing a golden State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 113 ::
colour ring having some images of flowers and leaves and one membership card of Rohini sports club, a wrist watch make Embassy with leather strap, some visiting cards and some papers and driving licence of Satish. He put the said articles again in the same purse, converted it into parcel with the help of white cloth sealed with the seal of SR and seized vide memo Ex.PW35/A. In the meanwhile other police team headed by SI Mukesh Kumar and SI R. Sriniwasan along with other accused persons namely Rajender @ Jinder and Vinod Jatav also reached there. One Maruti van allegedly used in the crime was recovered by SI Mukesh Kumar. All the four accused persons pointed out house No. C-570 Mangol Puri, the place where they murdered the persons. Separate pointing out memos were prepared. This witness handed over the sealed parcel of purse to inspector K.G Tyagi. Inspector K.G Tyagi instructed him to remain at H.No.C-570 Mangol Puri along with accused Laxmi, W/HC Anil Sharma and HC Pawan. Maruti Van No. HR 29J 2904 was also parked there in his safe custody. Thereafter Inspector K.G. Tyagi along with 3 remaining accused persons and other police staff State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 114 :: left the house. At about 9 pm they all returned there and from there they all went to PS along with the case property. Case property was deposited with the MHC(M).
121. On 12.03.2004 he again joined the investigation of this case. All the accused persons were on police custody remand. Accused persons were interrogated and Vinod Jatav, Jogender and Rajender made disclosure statement with respect to the shoes which they were allegedly wearing at the time of incident.
Accused Vinod Jatav led them to house at P-229, Mangol Puri. He took out a polythene from Dewan lying in the room of his house having a pair of shoe of dark grey colour, blue stripes. Shoes were put in a cloth parcel sealed with the seal of KGT and seized vide memo Ex.PW35/B. Accused Jogender @ Danny led them to the house of Jugnu brother-in-law of Vinod another son of accused Laxmi at F-394, Madipur Delhi. From the roof of bathroom of the house they took out a polythene having two pairs of shoes. A pair of sport shoes and a pair of leather shoes. The shoes were also put in cloth parcels. Sealed with the seal of KGT and State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 115 ::
seized vide memo Ex.PW35/C. All the three pairs of shoes were found stained with mud. The witness has identified all the exhibits.
122. During cross-examination for accused Jogender he stated that he was present in the police station at the time of departure entry. He cannot say if Inspectors K.G Tyagi himself made the departure entry. He did not sign that departure entry. No official vehicle was used by the raiding team. Vehicles were procured by Inspector K.G. Tyagi. This witness was in a white colour Maruti 800 car.
Car in which Inspector K.G Tyagi was moving was leading. The secret information was received by K.G. Tyagi at a distance of 20 to 25 ft from Kalamandir Cinema. IO K.G. Tyagi did not call any person from nearby shops and houses to join the investigation but he asked 3-4 passersby to join the raiding team but none agreed. They stayed at Kalamandir Cinema for about 5- 7 minutes. This witness does not know all the family members of accused Laxmi. He knew about the sons of accused Laxmi namely Jogender @ Danny, Rajender @Jinder and Vinod as they were BC of the area and were involved in large number of criminal cases. He State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 116 ::
does not know how many daughters accused Laxmi is having. Immediately after receipt of information they went to the house of Moni daughter of accused Laxmi. They parked their vehicles at a distance of 150 - 200 yards from house of Moni. House of Moni is situated in the end of the street. Inspector K.G. Tyagi did not ask any person to join the raiding party. No police official was left at the place where vehicles were parked. No document was prepared in the house of Moni. Accused Laxmi was given in the custody of W/HC Anil Sharma. They parked the vehicles on the road outside Nagababa Mandir. This witness saw the accused persons from a distance of about 20-25 feet. The accused persons ran upto a distance of about 5 to 6 paces towards railway line but were apprehended. The accused persons were apprehended at about 10:15 am. No public person came there from the side of Nagababa temple. The articles I.e Rs.105/- and one key was recovered in the personal search of accused Laxmi. This witness did not sign any document prepared at Nagababa mandir.
123. During cross-examination on behalf of remaining accused the witness stated that the vehicle in which he State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 117 ::
was sitting besides him HC Pawan and W/HC Anil Sharma were also sitting. This witness was driving the Maruti car. There were three more vehicles. The distance between Kalamandir and Mangol Puri is about 300 to 400 yards. They reached Kalamandir at about 9:30 am. This witness did not hear the conversation between the secret informer and Inspector K.G. Tyagi.
He does not remember if the secret information was reduced into writing. At that time there was no crowd outside Kalamandir as it was morning hours. The distance between Kala Mandir and the house of Moni is about ½ km and it took them 10 minutes in reaching there. They reached the house of Moni at about 9:45 am. Informer was with them when they reached the house of Moni and they were also knowing the house of Moni. They had entered only the ground floor of that house. No site plan of the house of Moni was prepared. He was not in the investigation of this case after 08.03.2004 and before 12.03.2004. Inspector K.G. Tyagi was in Tata Sumo. They remained at Nagababa Mandir till 2:00 pm.
124. Dr. Anupama Raina was examined as PW-36. He State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 118 ::
proved his proceedings as Ex.PW36/A. She also deposed that she received the FSL report from Hyderabad which is Ex.PW29/P2 alongwith Geno- typograh Ex. A1 to A8 and on the basis of the report and Geno typograph she gave her final report which is Ex.PW36/B, bearing her signature at point A. Her conclusion is that DNA isolated from the bone and teeth Ex.PW17/A A of the deceased have biological relation with the couple Ms. Savitri Devi Ex.PW A/02 and Mr. Bansidhar Swami Ex.B/02. DNA isolated from cloth Ex.7AA has biological relation with Mr. Varun Dalal and Mr. Ashish Dalal. Ex.P/02.
125. During cross examination the witness denied the suggestion that case property was tampered with in connivance with police in order to facilitate padding up of false prosecution case.
126. W/ASI Anil Sharma was examined as PW-37. She also deposed on the lines of PW-35 and corroborated her testimony.
127. During cross-examination for accused Jogender she deposed that she does not know as to who made the departure entry. She did not sign the departure entry. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 119 ::
They sat in the vehicle at about 6:15 pm. She was in the vehicle driven by ASI Shivraj. It was Maruti 800. she does not remember the registration number of the same. They returned to the police station at about 9:30 pm. They reached the house of Moni at about 9:45 am. From the house of Moni she left along with ASI Shivraj, Inspector K.G Tyagi and accused Laxmi in one vehicle but she does not remember the registration number of that vehicle. House of accused Rajender is at a distance of about half kilometer from Nagbaba Mandir. They reached the house of Rajender at about 2:30 pm. She cannot tell the size of purse recovered from the house of accused Rajender at the instance of accused Laxmi. ASI Shivraj prepared the seizure memo of the purse. Seizure memo was prepared in the presence of Inspector K.G. Tyagi, but Inspector K.G. Tyagi did not sign the same.
128. During cross-examination for accused Vinod, Rajender and Laxmi she deposed that she was called by Inspector K.G. Tyagi on 08.03.2004 at about 6:00 am in the room of duty officer. Firstly they went to Wazirpur but she does not remember where they went from State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 120 ::
Wazirpur. Lastly they came to Kala Mandir. She was apprised about secret information by ASI Shivraj. She does not know if Inspector K.G Tyagi or any other police officer asked the neighbours of Moni to join the raiding team. The door of the house was half closed. Except Laxmi none else was present in the house of Moni. Formal arrest of Laxmi had been done at about 10:30 or 11:00 am. This witness and Inspector K.G Tyagi signed the personal search memo. Inspector K.G. Tyagi handed over the disclosure statement of accused Laxmi to ASI Shivraj. Ct. Pawan was in uniform besides her. She cannot tell who apprehended whom. They remained at Nagababa Mandir till 2:15 pm. The lock of the house of Rajender was opened by accused Laxmi. She does not remember if the key was in a ring. She also went inside the house of accused Rajender. She cannot say about the number of rooms in the house. One sofa was lying in the room. She cannot tell the size of the sofa. She admitted that the house of accused Rajender is situated in a thickly populated area. She admitted that one purse was recovered from the room of house of accused Rajender regarding which a memo was prepared and State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 121 ::
she also signed the memo. The purse was of maroon colour. The articles inside the purse were not shown to her, however one license was found and one watch was found but she cannot tell the make of the watch. One slip of Rohini sports club was also found. There was one ring which was of yellow colour. They remained at the house of accused Rajender till 9.30 pm.
129. SI R. Sriniwasn was examined as PW-38. He also corroborated the testimony of PW-34, PW-35 and PW- 37 regarding the arrest of Laxmi and the four accused persons. He also deposed that disclosure statement of accused Vinod Jatav was recorded by IO in his presence vide memo Ex.PW38/A bearing his signatures at point A. accused Vinod Jatav and copy of disclosure statement made by accused was handed over to him for carrying out further investigation with respect to accused Vinod Jatav. At about 2:15 pm accused Vinod led this witness, Ct. Braham Pal and Ct. Anil to his house at B- 229, Mangol Puri Delhi. Accused got recovered parts from the shaft (taand) built in one room of his house. This witness informed the IO about the recovery of purse. Thereafter, IO along with crime team reached the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 122 ::
above place. This witness handed over the purse to crime team. Crime team inspected the same and lifted the chance prints from the purse and took the photograph of the same. On the directions of the IO this witness opened and checked the purse which was containing one watch make Timex quartz, one silver ring, driving license and some documents. The purse was put in a cloth parcel sealed with the seal of RSS and seized vide memo Ex.PW38/B. IO directed him to reach at C-570 Mangol Puri after completing the proceeding. Accused Vinod led the police team to C-570 Mangol Puri where accused pointed out the place of murder of SI Satish and the other person. The pointing out memo was prepared which is Ex.PW38/C. He handed over the sealed parcels and disclosure statement of accused Vinod Jatav to IO. On the same day at about 6:00 or 6:30 pm the accused persons i.e. Rajender @ Jinder, Jogender @ Danny and Vinod Jatav pointed out the place at Tikri Kalan where they had burnt the heads and belongings of the deceased persons. The pointing out memos were prepared separately at the instance of all the accused persons. The pointing out State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 123 ::
memo at the instance of accused Vinod Jatav is Ex.PW38/D. Thereafter, the accused persons led them to the boundary wall of Bahadurgarh Court complex where they had thrown the headless body of SI Satish. IO prepared the pointing out memos at the instance of all 3 accused persons separately. The pointing out memo of accused Vinod is Ex.PW38/E. Thereafter, the three accused persons led them to the place towards Rohtak from Bahadurgarh where they had pointed out a place on the right side of the road near the gate of a factory where they had thrown headless body of another person. IO prepared the pointing out memos at the instance of all the three accused persons separately and pointing out memo at the instance of accused Vinod is Ex.PW38/F. Thereafter police party along with all the three accused persons came back to C-570 Mangol Puri where accused Laxmi and one Maruti van in custody of ASI Shivraj were left. From C-570 Mangol Puri police party came back to the police station along with the accused persons and the case property.
130. On 17.05.2004 he received 17 pullandas from PS:
Mangol Puri out of that 4 pullandas were sealed with the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 124 ::
seal of SGMH mortuary Mangol Puri. Seven were sealed with the seal of AS and six pullnadas were sealed with the seal of KGT vide RC No.60/21/04 and deposited the same with DNA finger printing department of the toxicology and forensic science AIIMS. He obtained the receipt thereof. He returned to the police station and deposited the same with the MHC(M). so long the case property remained in his possession no body tampered with the seal. He identified the case property i.e. the case property recovered at the instance of Vinod belonging to deceased Vijay and the same is collectively Ex.P-38/1.
131. During cross-examination for accused Rajender and Vinod Jatav he deposed that he did not make any departure entry. The secret information was received after they left the police station. He does not know if any raid was conducted at the house of Moni in search of accused Laxmi by Inspector K.G Tyagi or ASI Azad Singh prior to 08.03.2004. He admitted that the vehicles in which they went to the house of Moni were private vehicles. He does not know who were the owners of those vehicles and also does not remember the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 125 ::
registration numbers. He did not enter the house of Moni. Accused Laxmi did not make disclosure statement in her presence. They reached the house of Moni at about 9:30 am and left about 9:45 am. From there they went to Nagababa Mandir. He cannot say which police official apprehended which of the accused. No public person was accompanying them. He cannot say which police officials seized the revolver from the possession of accused Rajender. The proceedings regarding revolver were conducted by SI Mukesh. This witness was not the member of the team of SI Mukesh. They remained at Nagababa Mandir till 2:15 pm. They reached the house of accused Vinod at about 2:30 pm. He admitted that house of accused Vinod is situated in a residential area. He does not know if the house of accused Vinod was already inspected by the police prior to his visit. The parents of accused Vinod were present at home. He does not know their names. He called the persons from neighbour hood but nobody joined. He does not know the names of the neighbours who were asked to join. They remained at the place for about 1½ hours or 2 hours before he called IO. IO alongwith crime State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 126 ::
team reached at 4:15 pm. Accused Vinod himself took the purse from the shaft (Taand). This witness prepared the seizure memo. The father of accused Vinod was not joined as witness to the recovery. The crime team lifted chance prints from the purse. Photographer took the photographs of the purse. No separate entry of the articles recovered at the instance of Vinod Jatav was prepared. The public persons gathered there. He also asked public persons to join but none agreed. The distance between H.No.B229 and C-570 is about 500 to 600 yards. He reached at H.No. C-570 Mangol Puri at about 4:45 pm. Before his arrival police officials including IO were already present there. No public person was joined as a witness of pointing out memo of C-570 Mangol Puri. He does not remember how many floors or rooms were there in the said house. They remained at C-570 till 5:40 pm thereafter they went to Tikri Kalan. He does not know if place of Tikri Kalan was already inspected by the police officials of Haryana. He admitted that police had already initiated the proceedings regarding recovery of head prior to 08.03.2004. The pointing out memos were prepared of State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 127 ::
the places, which they visited. There was no chowkidar or guard outside Real Polymer factory. They left that place at about 8:30 pm and thereafter returned to C-570 Mangol Puri. One Maruti van was found parked outside C-570. SI Mukesh seized the said van, but he does not know from where the said van was seized. He denied the suggestion that he did not accompany Inspector K.G Tyagi and other staff on 08.03.2004 or that no proceedings as deposed by him were conducted.
132. During cross-examination on behalf of accused Jogender he deposed that he did not sign any paper before leaving the police station. Accused Laxmi was arrested at Nagababa Mandir in his presence. He was not member of the team who arrested accused Laxmi and hence cannot tell as to who conducted personal search of Laxmi. Laxmi was apprehended at the house of Moni. No site plan of Nagababa Mandir was prepared. He does not remember if the disclosure statement of accused Vinod was recorded at Nagababa Mandir. They chased the accused persons for about 8 to10 paces.
133. SI Sanjeev Kumar was examined as PW-39. He State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 128 ::
deposed that on 07.04.2004 he was posted as Incharge police post Sarai Kale Khan, PS: Nizamuddin. On that day FIR No.197/04 was recorded u/s 186/353/307 IPC and 25/27 Arms Act. The investigation was assigned to him after registration of FIR Ex.PW39/A. The accused Vinod had already died in the encounter with Special Cell. He got conducted the post mortem of deceased Vinod and thereafter handed over the dead body to the relatives. He also informed PS: Mangol Puri regarding death of accused Vinod who was wanted in case FIR No:139/04.
134. During cross-examination he deposed that the FIR was registered on directions of Inspector Mohan Chand Sharma. Investigation of the case remained with him for about 1 month and thereafter, he was transferred. No public witness was examined by him.
The encounter took place in the complex of ISBT Sarai Kale Khan at about 1 am in the night. There were stalls but the stalls are outside the terminus and most of the stalls were closed during night. He reached the spot at about 2:00 am and left after about 3-4 hours. Many police officials were present on the spot. The spot was State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 129 ::
got photographed by him but he does not remember the name of the photographer.
135. HC Anil Kumar was examined as PW-40. He also corroborated the testimony of PW-34, PW-35, PW-37 and PW-38 with respect to arrest of Laxmi and the arrest of other accused persons from Nagababa Mandir. He also deposed that he joined the investigation with HC Braham Pal and SI Sriniwasan with respect to accused Vinod Jatav. Vinod Jatav was arrested vide memo Ex.PW38/A and he fully corroborated the testimony of PW-38 and supported the same. He also identified the case property, recovered at the instance of accused Vinod Jatav belongings to deceased Vijay Kumar Swami collectively Ex.PW38/1.
136. During cross-examination he stated that he had gone through his statement recorded earlier. They left the police station at about 6:15 am. He does not remember who made the departure entry. They were in four vehicles but he does not remember the registration number of those vehicles. Besides him HC Braham Pal and SI Sriniwasn were sitting in that vehicle in which he was travelling. The vehicle stopped near Kala Mandir.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 130 ::
He does not know if any public person was asked to join raiding team near Kala Mandir. After stopping for about 5-7 minutes they left from there. They reached outside the house of Moni, some of the officials went inside the house. The team in which he was the member remained outside the house. The officials came out of the house after 15 minutes. Accused Laxmi was with them and she was made to sit in Tata Sumo. The distance between house of Moni and Nagababa Mandir is half or a quarter kilometer. There is a DESU office near Nagababa Mandir where vehicles were stopped. The accused persons tried to run away and ran upto 2-4 paces but were apprehended. The members of his raiding party caught hold of accused Vinod Jatav. He does not remember which accused was caught by members of raiding team headed by Inspector K.G Tyagi and who caught Jogender @ Danny. They remained at Nagababa Mandir upto 2 pm. SI R. Sriniwasan did not prepare any memo at the spot. All the papers were prepared by Inspector K.G Tyagi but he does not remember who wrote the papers on the directions of Inspector K.G Tyagi with respect to accused Vinod Jatav. All the writing State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 131 ::
work was done while sitting on the ground. He had not seen any public person there. After leaving Nagababa Mandir they proceeded towards B-229 Mangol Puri. They reached there at about 2:15 or 2:30 pm. They parked the vehicle in the street. He admitted that the house of accused Vinod Jatav is situated in residential area. This witness was in uniform. No neighbour was called. Lot of persons gathered outside the house. The height of Taand was 10 to 12 feet. The father of accused was inside the house. The documents were prepared inside the room. The seizure memo of the purse was prepared and no other document was prepared. SI Sriniwasan took the purse at the instance of accused from the taand. SI Sriniwasan used and handkerchief for picking up the purse. The said purse was visible after climbing up the stool. The purse was lying on the ground when Crime team came and they checked the purse. The crime team members tried to lift chance prints from the purse before touching the same. The powder was used on all side of the purse to take the chance prints. He does not remember how many chance prints were lifted by the crime team. No other work was done by the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 132 :: crime team, except lifting the chance prints. The seal after use was handed over to this witness by the IO. He returned the seal to the IO on the same day at 11 pm in the police station. The distance between B-229 and PS:Mangol Puri is about 1000 to 1200 yards. The distance between B-229 and C-570 is 500 to 600 yards. The parcel containing the purse was handed over to Inspector Tyagi. They reached Tikri Kalan at about 6:15 or 6:30 pm. He did not sign any documents at court complex. Factory was found locked. The pointing out memo of factory at the instance of accused was prepared by the IO. From there they came at C-570. ASI Shivraj, HC Pawan Kumar, W/HC Anil Sharma and accused Laxmi were already there. From there they proceeded to PS at 9:15 and reached at 9:30 pm.
137. Inspector Azad Singh was examined as PW-41.
He fully corroborated the testimony of PW-7 and also deposed that on 06.03.2004 he was posted as Addl. SHO PS: Mangol Puri. ASI Dharampal duty officer PS:
Mangol Puri handed over him copy of FIR No.139/04 and the original complaint of Inspector Ajay Kumar Anti Homicide Section, crime branch. The investigation of the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 133 ::
case was entrusted to this witness. He along with SI Sukhbir Malik, Ct. Amar Nath and Ct. Baljeet proceeded for the investigation. They searched for the missing SI Satish Kumar and public person Vijay Kumar Swami. They reached at C-Block police booth. K.G. Tyagi the then SHO PS: Mangol Puri and Inspector Ajay Kumar met him with other staff. Ajay Kumar told him about the details and led him and other staff to the place from where SI Satish Kumar and Vijay Swami left for the last time i.e. Sant Nirankari Satsand Bhawan B-block Mangol Puri. They searched for the missing persons in C-block Mangol Puri particularly at the house of Laxmi, Rajender, Jogender and other family members but those were found locked. No clue of Satish Kumar and Vijay Kumar were found. They also made search in other blocks of Mangol Puri, parks and hospitals etc. Thereafter, he along with Inspector Ajay Kumar reached PS: Sultan Puri made inquiries there with respect to missing persons and also provided the particulars of the missing persons. The directions were given that if any clue is found the same be communicated. Then they went to PS: Paschim Vihar and there again they gave State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 134 :: the information about the missing persons and gave the directions that if any clue is received the same be communicated. Similar process was conducted at PS: Nangloi. While this witness was in PS: Nangloi he received call from Inspector Ajay Kumar who again associated him. They went in search of the missing persons to the police stations of the Delhi border and reached PS: Sadar Bahadurgarh. Duty officer was informed about the missing persons. The duty officer told that in the area of PP: Asodha near village Jakhoda a dead body has been found. On the request one HC and one Ct. took them to the spot where dead body was found it was on main Bahadurgarh - Rohtak road near Real Polymer factory. ASI Randhir Singh Incharge PP Ashodha along with his staff was found present there. The scene of crime was inspected and they found one naked headless body of a male lying about 8 - 10 steps before the main gate of the said factory, on right side while entering the gate. Crime team of Haryana police also reached there. Photographer of crime team took the photographs. While the investigation was being carried out in the meanwhile an information was State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 135 :: received by ASI Randhir Singh Incharge PP Asodha that another dead body is lying near court complex Bahadurgarh. This witness informed the senior officers about the deadbody found near the Real polymer factory and also requested to intimate the families of missing persons. Thereafter, Ct. Amarnath of Delhi police and Ct. Satya Narain of Haryana police were left at the scene of crime to guard the same and this witness along with the staff, Inspector Ajay Kumar, ASI Randhir Singh etc. left for court complex Bahadurgarh. There they found that the naked headless dead body of male inside the boundary wall of Haryana Agricultural office of sub divisional officer of agricultural Haryana. ASI Azad Singh along with staff of Haryana police were present there. The senior officers of Delhi police were informed about the second dead body and they were also requested to intimate the families of missing persons. Proceedings u/s 174 Cr.PC were carried out. HC Surender photographer of Crime Team Haryana took the photographs. While the investigation was being carried out, the relatives of SI Satish Kumar reached at the spot. Sh. Harish Dalal identified the dead body as of his State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 136 :: brother SI Satish Kumar. Inspector Ajay Kumar also identified dead body as of SI Satish Kumar. The document regarding identification of dead body was prepared which is Ex.PW5/1. The exhibits were lifted from the spot. The dead body of Satish Kumar was kept in a tempo. From there this witness along with the staff, the dead body and the exhibits reached the first spot i.e. Real Polymer factory from there also again exhibits were lifted. That dead body was identified to be of Vijay Kumar Swami with the help of tatoo mark on his right hand. The exhibits were lifted. The witness also prepared the rough site plans of the scenes of crime. Which are Ex.PW41/A and Ex.PW41/B. In the meanwhile he received information from SHO Nangloi that burnt head of human being is lying in the area of Police post Tikri Border near the properties. The dead body of deceased Vijay Kumar Swami was also kept in the same tempo in which the dead body of Satish was put. Thereafter they went to PS: Sadar Bahadurgarh. There the statements of concerned witnesses were recorded. Thereafter they left along with both the dead bodies and the exhibits collected from both the scenes State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 137 :: of crime along with the staff and reached near Deep properties. On the left side of Bahadurgarh Rohtak Road SHO Nangloi, IC PP Tikri border with staff were found present. Crime team of Delhi Police was also there. This witness corroborated the testimonies regarding seizure of the articles from that place. He prepared the rough site plan of the places where the heads were found. The same are Ex.PW41/C and Ex.PW41/D. From there along with the staff the dead bodies, burnt heads and the exhibits came to SGM mortuary. He prepared the inquest papers. The request for conducting the autopsy on the body of SI Satish Kumar is Ex.PW41/E. The application for conducting post mortem on the head of Satish Kumar is Ex.PW41/F. Form 25.35 is Ex.PW41/G and Ex.PW41/H. The dead body and head of Satish Kumar were identified by Harish Dalal and Inspector Ajay Kumar vide statements Ex.PW41/J, 41/K, 41/L & 41/M. The request for conducting autopsy on the dead body of Vijay Kumar is Ex.PW41/E1. The application for conducting post mortem examination is Ex.PW41/F1. Form 25.35 of body and head of Vijay Kumar are Ex.PW41/G1 and Ex.PW41/H1. The dead body and State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 138 :: head of Vijay Kumar were identified by Shivraj Swami and Inspector Ajay Kumar vide their statements Ex.PW41/J1, K1, L1 and M1. The post mortem was got conducted. After the post mortem the heads and bodies were also retained by the autopsy surgeon for further investigation. Ct. Amar Nath was deputed in the mortuary.
138. They searched for the suspects and one Maruti Car black colour Santro bearing No. DL 6CQ 6072 was recovered from the park opposite house No.C-570 Mangol Puri Delhi. It was the same car about which SI Satish Kumar had come to verify. Inspector Ajay and SI Sukhbir were also with him at that time. The car was seized vide memo Ex.PW7/B. On 07.03.2004 the dead body of Vijay Kumar was handed over to the relatives vide document Ex.PW4/L. The dead body of Satish Kumar was handed over to his relatives vide memo Ex.PW41/N. After the post mortem examination doctor handed over him exhibits of SI Satish Kumar vide memo Ex.PW41/A and of Vijay Kumar vide memo Ex.PW41/B. He deposited the case property in the malakhana.
Thereafter the investigation of the present case was State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 139 ::
transferred to Inspector K.G Tyagi SHO Mangol Puri. This witness handed over the case file to him. On 11.05.2004 this witness along with SI Manohar Lal visited the places where the dead bodies and the heads were found. SI Manohar Lal took rough notes and measurements at his instance and later on prepared the scaled plan. On 17.05.2004 on the directions of SHO Inspector K.G. Tyagi, SI R. Sriniwasan deposited the exhibits for DNA examination in AIIMS under his supervision. On 27.01.2006 on the directions of IO he moved an application for permission to de-seal the exhibits received from Hyderabad for the purpose of blood grouping. The application is Ex.PW41/Q. The application was earlier given mark PW-30/C. Ld. MM Sh.
Deepak Garg, granted the permission vide order dt. 27.01.2006. The 15 exhibits as mentioned in the application were taken out from boxes. The same were handed over to this witness in a sealed box after sealing it with the seal of court. The remaining exhibits were put in the pullanda and again sealed with the seal of the court. After completing the proceedings the same were again deposited in the malkhana. The witness has State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 140 ::
identified the case property correctly and also the Santro car.
139. During cross-examination he stated that after receiving the FIR he constituted the raiding party comprising SI Sukhbir, Ct. Baljeet and Ct. Amarnath.
Duty officer made the departure entry. He does not remember if he or any other official signed the departure entry. They used the private vehicle Tata Sumo. The meter reading of the vehicle was not mentioned in the departure entry. He does not remember the number of the vehicle. That vehicle remained with them only for one day. The private driver was driving the vehicle. He did not mention the name and address of the driver in the case diary. He did not claim the payment made to that vehicle/driver. He does not remember if prior to that date he ever visited the house of accused Laxmi. He raided house No.C-570, C-639 - 640 on that day. He came to know that in house No.C-639- 640 accused Jogender and his mother Laxmi were residing. He did not check any other house in C-Block. He had also checked another houses in C-block but does not remember the numbers. He did not take the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 141 ::
photographs of those houses. He visited PS: Sultan Puri at about 7 pm. Paschim Vihar police station at 7:30 pm. From PS: Paschim Vihar Inspector Ajay Kumar left for his office. He does not know which conveyance was used by Inspector Ajay Kumar to proceed to his office. Inspector Ajay Kumar again met him on the same day in PS: Nangloi at about 9:00 or 9:15 pm. They left PS:
Nangloi at about 9.20 am in Tata Sumo and reached PS: Sadar Bahadurgarh. Arrival entry was made in PS: Sadar Bahadurgarh. They were in the same Tata Sumo. When they reached near Real Polymer ASI Randhir Singh along with staff, public persons were there. He does not remember the number of the public persons. No document was prepared by him before proceeding to the second spot. Only photographs were taken by the official of crime team. Public persons were present at the place where dead body of SI Satish was found. Public persons did not agree to join investigation. No notice in writing was given to the public persons who refused to join. He also sent his official to call somebody from the office of agricultural department but it was told that the office is closed. They reached the spot, where State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 142 :: second body was found, at 11:20 or 11:25 am. The writing work was done while standing on the spot. The blood stains were present on both sides of the wall. He does not remember the name of the official who was asked to bring the vehicle to take the dead body. He also does not remember the number of the vehicle in which dead body was shifted and also the name of the driver of that vehicle. Both the dead bodies were wrapped in separate cloth. He denied the suggestion that no string (nada) was recovered from the spot. They left the police station Sadar Bahadurgarh after making daily diary entry at 3:15 pm. They reached Sanjay Gandhi Memorial hospital at about 7 pm. Two notes of denomination of Rs.500/- were found at a distance of 7- 8 steps from the place where head was found. The notes were almost half burnt. He denied the suggestion that notes were not in burnt condition. Memo was shown to the witness and he admitted that in the memo it is not mentioned that the notes were half burnt. The distance of first head from second head was about 25 to 30 meters. He denied the suggestion that nothing belonging to Satish Dalal was taken in possession by State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 143 ::
him or that same was planted lateron. He denied the suggestion that no identity card of Satish Dalal was recovered form the spot.
140. Samuel, Record Keeper Transport Department Sarai Kale Khan was examined as PW-42. He deposed that no vehicle having registration No. DL 6C Q 6072 is registered in their office. He proved the report of the MLO Sh. Jaspal Singh as Ex.PW42/A. Testimony of this witness has gone unchallenged and uncontroverted.
141. HC Omender was examined as PW-43. On 08.03.2004 he joined the investigation with Inspector K.G. Tyagi. He corroborated the testimony of PW-34, PW-35, PW-37, PW-38 & PW-43 with respect to the arrest of Laxmi and the accused persons and recovery of the revolver and live cartridges from accused Rajender. He proved the sketch of the revolver and the cartridges as Ex.PW43/A, form FSL was also filled. The revolver and the cartridges were put in a cloth parcel sealed with the seal of KGT and seized vide memo Ex.PW43/B. Accused persons were also interrogated and the disclosure statement of accused Rajender is proved as Ex.PW43/C. Inspector K.G Tyagi handed over State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 144 ::
custody of accused Rajender @ Jinder to team comprising SI Mukesh, this witness and HC Sushil. This witness corroborated the testimony of PW-34 regarding the recoveries from the Maruti van and of Maruti van. He also proved the pointing out memo of H.No.C-570 by accused Rajender as Ex.PW43/D. Thereafter the accused persons also pointed out the places where the dead bodies and head were thrown and the memos are proved as Ex.PW43/E and Ex.PW43/F, Ex.PW43/G. Thereafter, they all reached at C-570 Mangol Puri. The team of ASI Shivraj and accused Laxmi was taken from there and they reached the PS along with the case property. The case property was deposited by Inspector K.G Tyagi in the malkhana. The case property was shown to the witness and he correctly identified the case property.
142. During cross-examination he stated that he had visited C-block Mangol Puri even prior to this incident.
He was not knowing the accused Laxmi and her family members prior to the incident. In his presence no family member of accused Laxmi was ever arrested. When he was called he was present in his barrack at the first floor. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 145 ::
There were four vehicles in the PS out of which three were cars and one was Tata Sumo. All were private vehicles. The distance between Police station and Kala Mandir Cinema is about 100 to 150 meters. They left the police station at about 6:15 am. They went to Wazir pur, Jahangir puri and some other places before reaching Kala Mandir. The private car was also driven by police officials. He admitted that area of Kala Mandir is thickly populated. In his presence Inspect K.G Tyagi had not called any person from public or residential area to join the investigation. From Kala Mandir they went to the house of Moni. He does not remember the house number. All the vehicles were parked at a distance of 100 to 150 yards from the house of Moni. Ct. Jagdish remained in the car when they proceeded to the house of Moni. This witness along with SI Satish and SI Mukesh were standing at a distance of about 20 - 25 steps away from the main gate of house of Moni. He does not remember if Inspector K.G. Tyagi called any person from the adjoining houses. They remained at the house of Moni for about 15 minutes. After coming out from the house of Moni all the members of the raiding State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 146 ::
party went to Nagababa Mandir along with accused Laxmi. Inspector K.G. Tyagi went in the office of DESU to call some persons to join the raiding party but nobody came out from the said office. They noticed the accused persons from a distance of about 20 to 25 yards. This witness caught hold Rajender @ Jinder. He does not remember in which vehicle W/HC Anil Sharma was sitting with accused Laxmi. He cannot tell who caught hold which of the accused. Nobody joined from the neighbourhood or from the DESU. None of the accused received injury during apprehension. Accused Rajender @ Jinder tried to take out the revolver which he had tucked under the belt at that time. The revolver was taken out by Inspector K.G Tyagi in the casual search of accused Rajender. In the personal search of accused Rajender one mobile, Rs.435/- and one key was found. He denied the suggestion that he was not present on the spot and i.e. why he does not remember as to who prepared personal search memo of accused Rajender. They remained at Nagababa Mandir for about 4 hours. The arrest memos, personal search memos and confessional statements, sketch, seizure memo etc. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 147 :: were prepared there. They left the Nagababa Mandir at about 2:15 pm. From there they proceeded towards DDA flats Shivangi Kunj Madipur. He does not know where the remaining police officials had gone from Nagababa Mandir. No public person was called from neighbourhood at Shivangi Kunj. He admitted that the area where car was found parked was a populated area. They parked their vehicles at a distance of about 60 to 70 paces. The crime team officials reached at Shivangi Kunj after 30 to 45 minutes of their reaching there. The crime team left the Shivangi Kunj at about 4:00 or 4:15 pm and they left the place at about 4:45 pm. Crime team officials lifted chance prints from many places but he cannot tell the exact places. No memo was prepared regarding lifting of finger prints in his presence. Four memos were prepared at Shivangi Kunj two were prepared by Inspector K.G. Tyagi and two by SI Mukesh.
HC Sushil drove the said car to C-570 Mangol Puri Delhi. Inspector K.G. Tyagi had not accompanied them to C-570 as he had already left. The crime team had left along with K.G Tyagi. He does not know who filled the FSL form, when the revolver was recovered. The churra State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 148 ::
was taken out from car at Shivangi Kunj by crime team officials. The crime team officials also lifted chance prints from the said churra. They reached C-570 Mangol Puri from Shivangi Kunj within 15 -20 minutes. The distance between two places was about 4 to 5 kms. He denied the suggestion that accused Rajender @ Jinder was not able to walk and hence he cannot attempt to run away. At C-570 Mangol Puri, pointing out memo was prepared as pointed out by accused Rajender @ Jinder. He does not know if C-570 Mangol Puri is the house of accused Rajender @ Jinder. They left C-570 Mangol Puri at about 5:30 pm. The Maruti van seized at Shivangi Kunj was left in the custody of ASI Shivraj at C- 570 Mangol Puri. They reached Tikri Kalan at about 6:30 pm. They remained at the spot of Tikri Kalan for about 25 to 30 minutes. They did not visit any police station or police post at Bahadurgarh. No public person was present when the pointing out memo was prepared at the court complex and at Real polymer factory. They left Bahadurgarh Court Complex at about 7:45 pm. They returned to the police station at about 9:30 pm.
143. SI Jai Singh was examined as PW-44. He also State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 149 ::
corroborated the testimony of PW-34, PW-35, PW-37, PW-38, PW-40 and PW-43 with respect to the arrest of accused persons. He also proved the arrest memo of accused Jogender @ Danny as Ex.PW44/A. His personal search memo Ex.PW44/B. He stated that Inspector K.G Tyagi remained with them having custody of accused Jogender @ Danny. Thereafter four teams were made asking ASI Shivraj to supervise the team of accused Laxmi, SI Mukesh to supervise the team of accused Rajender and SI R. Sriniwasan to supervise the team of accused Vinod Jatav. The disclosure statement of the respective accused were given to each four teams and incharge of teams were asked to carry out the investigation. The disclosure statement of Jogender @ Danny was prepared which is Ex.PW44/C. Accused Jogender led them to H.No.F-394, 3-4 passersby were asked to join the raiding team but none agreed. Accused Jogender @ Danny took out a polythene kept in a space behind wooden almirah and wall and produced the blood stained clothes belonging to him and accused Rajender @ Jinder. He also produced one blood stained chhura(knife). Crime team was called at the spot, which State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 150 :: inspected the spot. The sketch of the chhurra (knife) was prepared which is Ex.PW44/D. It was put in a cloth parcel, sealed with the seal of KGT and seized vide memo Ex.PW44/E. The clothes were also put in the parcel, sealed with the seal of KGT and seized vide same memo. Thereafter, they along with accused Jogender @ Danny reached Shivagi Kunj Madipur where SI Mukesh along with his team and accused Rajender met them there. From there Inspector K.G. Tyagi took the blood stains from Maruti Van bearing No. HR 29J 2904. crime team also inspected the Maruti Van. Thereafter, SI Mukesh Kumar was instructed to reach C- 570 i.e. house of accused Rajender @ Jinder. This witness along with crime team reached at B-229 Mangol Puri. i.e. the house of accused Vinod Jatav. Where SI Sriniwasan along with his team and accused met them.
The crime team inspected the spot SI Sriniwasan was also instructed to reach C-570 Mangol Puri after finishing the investigation. Thereafter, they along with the crime team reached at C-570 Mangol Puri i.e. house of accused Jinder where ASI Shivraj with his team and Laxmi met them. The crime team there also inspected State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 151 ::
the spot. All the four accused pointed out the place of occurrence. The pointing out memo by accused Jogender @ Danny is Ex.PW44/F. The accused also pointed out the place where they had burnt the heads the pointing out memo of accused Jogender is Ex.PW44/G. Thereafter, accused also pointed out the Bahadurgarh court complex ground near the wall where headless body was thrown vide memo Ex.PW44/H then accused also pointed out the place where the another headless body was thrown and the pointing out memo is Ex.PW44/J.
144. This witness also joined the investigation with Inspector K.G.Tyagi on 12.03.2007. Accused persons Rajender, Jogender and Vinod were on PC remand and were taken out of the lock up. All the accused were separately interrogated. The supplementary statements were recorded in this respect. The supplementary statement of Vinod is Ex.PW44/K. Thereafter, Rajender was interrogated and his supplementary statement is Ex.PW44/K1 and the supplementary statement of accused Jogender is Ex.PW44/K2. In pursuance to disclosure statements accused Vinod led them to his State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 152 ::
house No.B-229 Mangol Puri. From there he got recovered a polythene from the Dewan lying in his house. It was opened and found containing a pair of shoes of dark grey colour which were of fitness company. There was a blue colour strip on the sole the shoes were found stained with mud. The pair of shoes was kept in the same polythene, sealed in the pullanda with the seal of KGT and seized vide memo Ex.PW35/B. Thereafter accused Jogender led the police team to his house i.e. H.No.F-394 JJ colony Madipur. He got recovered one polythene lying on the roof of bathroom situated adjacent to his house. The polythene was checked it was found containing light grey colour shoes of Campus having blue strip on the sole and stained with mud and another pair of shoes of black colour of leather and accused Rajender said that they were wearing those shoes at the time of commission of offence. Both the pairs of shoes were separately kept in polythene sealed in two different pullandas, sealed with the seal of KGT and seized vide memo Ex.PW35/C. Thereafter police party along with the accused went to Shalimar Bagh and accused Rajender pointed out State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 153 :: house at RU block, Shalimar Bagh and pointed out the place from where he had stolen Maruti Van bearing No. HR 29J 2904. The pointing out memo was prepared. He also identified the case property correctly.
145. During cross-examination he stated that he does not know who made the departure entry. He cannot tell the number of the vehicles in which they were traveling.
Inspector K.G. Tyagi was leading the raiding team who was in Tata Sumo and this witness was also in the same vehicle. HC Narender and Ct. Suresh were also in Tata Sumo. In a Maruti Car officials of the team of SI Mukesh were sitting. In another vehicles officials of the team of SI R. Niwasan and SI Shivraj were sitting. They stopped at Kala Mandir at about 9:30 am. No written notice was given to the public persons who refused to join. The vehicles were parked at a distance of about 20 to 25 steps from the house of Moni. The house of Moni is at a distance of about 20 -25 steps from the main road. K.G Tyagi, ASI Shivraj and W/HC Anil entered the house of Moni. After 4-5 minutes Inspector K.G. Tyagi came out of the house. No document was prepared there. From there they proceeded to Nagababa Mandir which is State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 154 ::
about 1 ½ or 2 km from there. The vehicles were parked 20 - 25 steps before Nagababa Mandir. The accused persons were not visible from there. All the three accused tried to run away from the spot. In the personal search of accused Danny Rs.205/- were recovered.
They reached at F-393 Madipur at about 2:30 or 2:35 pm with Inspector K.G Tyagi. HC Narender, Ct. Suresh and accused Jogender @ Danny were in Tata Sumo. The vehicle was driven by Ct. Suresh. He does not remember the registration number of the same. Three/four neighbours were asked to join the proceedings before entering house but none agreed. Large number of people gathered outside the house. Accused told that the house belongs to his brother-in- law Jugnu. Jugnu and his wife were present in the house. The case property i.e. clothes and Chhura (Knife) were struck between the back side of alrmirah and the wall. The height of the almirah was around 5 to 6 ft. IO prepared the memos in the said house. The recovery was made in the presence of wife of Jugnu but she refused to sign. Crime team reached thereafter 20 - 25 minutes of their reaching at H.No.F-394. He cannot State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 155 ::
tell the distance between H.No.394 and other spot where they went from F-394. It took them 10 to 15 minutes in reaching there. At that spot SI Mukesh, HC Ombir, HC Sushil and accused Rajender were present. He does not know what happened there as this witness was sitting in Tata Sumo along with accused Jogender @ Danny. When they left for B-block Mangol Puri SI Mukesh Kumar remained at Madipur. In the presence of this witness IO instructed SI Mukesh Kumar to reach at C-570. They remained at B-block Mangol Puri for about 30 minutes. He does not know what proceedings were carried out there by SI R. Sriniwasan as this witness along with accused Jogender @ Danny kept sitting in Tata Sumo. They left B-block after 30 to 45 minutes. He does not remember the exact time when they left B-229 Mangol Puri. They reached C-570 in their vehicle in 5 -7 minutes. He does not know what proceedings were carried at C-570. He only signed on the pointing out memo of accused Jogender @ Danny.
146. On 12.03.2004 this witness along with ASI Shivraj and other police officials took out all the accused person. This witness had not made any departure entry.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 156 ::
They left the police station in two vehicles i.e. Govt. Gypsy and Maruti Car. He does not remember if Maruti car was of some officials or it was hired. All the three accused persons were in gypsy besides IO K.G Tyagi, ASI Shivraj and this witness. Firstly, they went to H.NoB- 229 Mangol Puri. He does not remember whether the door of the house was lying close or open. It was double storied house. He does not remember who opened the door and also as to how many persons were present.
Public persons gathered there on seeing them. He admitted that B-229 is situated in thickly populated area. IO asked many persons to join the proceedings but none agreed. They remained in that house for about 15
- 20 minutes. There were two rooms on the ground floor of that house. The rooms were one after the another. One can enter the back room only though the first room. He does not remember the exact time of leaving B-229 but it might be 11:30 or 12:00 noon. From there they reached F-394 the house of Jugnu at about 1 pm. The house was open Smt. Kasturi wife of Jugnu was present. Accused Jogender climbed the roof using the bricks which were coming out of the wall. IO did the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 157 ::
writing work while keeping the paper on Bonut of Govt. vehicle. They remained at F-394 for about 30-45 minutes. No public person was asked to join investigation in writing. Kasturi was asked to sign but she refused. From there they went to the house of Dhillon the maternal aunt of Vinod i.e. the accused who had expired.
147. Inspector K.G. Tyagi was examined as PW-45. He deposed that on 06.03.2004 he was posted at PS:
Mangol Puri as SHO. On that day Inspector Ajay Kumar PW-7 came to the police station and gave written complaint Ex.PW7/A. He made endorsement on the same which is Ex.PW45/A. The case u/s 365 IPC was registered and the investigation was assigned to Addl. SHO. This witness constituted different teams to search SI Satish Kumar and Vijay Swami. This witness also along with subordinate officials searched for missing persons at different places. During investigation and search the family members of Laxmi Sasan came into picture as main suspects as they were not found at their respective houses. Their houses were also found locked. On 07.03.2004 he took further investigation from State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 158 :: Inspector Azad Singh, Addl. SHO and thereafter carried out further investigation. He corroborated and fully supported the testimony to PW-23, PW-31, PW-34, PW- 38, PW-39, PW43 and PW-44. He also stated that he prepared site plan of recovery of clothes and chopper at the instance of accused Jogender which is Ex.PW45/B. He also deposed that on 14.03.2004 all the accused persons were produced in the court and sent to judicial custody by the orders of the court.
148. On 07.04.2004 he received information from SI Sanjeev Kumar incharge PP: Sarai Kale Khan regarding death of wanted accused Vinod in police encounter in case FIR No:197/04 registered u/s 186/353/307 IPC and 25 Arms Act, PS: Hazrat Nizamuddin. He also moved application for TIP proceedings. He recorded statements of witnesses.
149. On 11.05.2004 he directed Inspector Azad Singh to get prepared the scaled site plan from SI Manohar Lal.
150. On 17.05.2004 on his directions Inspector Azad Singh along with SI R. Sriniwasan deposited the exhibits of the case in AIIMS for DNA examination. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 159 ::
151. On 24.05.2004 he got deposited the remaining exhibits at FSL Rohini.
152. On 26.05.2004 after discussion with the senior police officials sections u/s 186/353/397/404/412 IPC were added. He also obtained sanction u/s 39 Arms Act.
Complaint u/s 195 Cr.PC was also filed. He moved application for getting record of ownership of vehicle No. DL 6CQ 6072, the application is proved as Ex.PW45/C. He collected the copy of DD No.12 dt.06.03.2004, police post : Asodha, Jhajjar, Haryana Ex.PW45/E. DD No.7 dt.06.03.2004 PS: Sadar Bahadurgarh regarding arrival and departure of Inspector Azad Singh Ex.PW45/F. Copy of DD No.16 dt. 06.03.2004 regarding arrival from Delhi to PS: Sadar and City Bahadurgarh Ex.PW45/F, true copy of DD No.25 dt.05.03.2004 regarding information of standing of Santro car in front of house of accused Laxmi having forged number plate is Ex.PW45/X, attested copy of DD No.18 dt. 06.03.2004 PP: Tikri border, PS: Nangloi Ex.PW45/H. DD No:45B dt. 07.04.2004 PP: Mangol Puri regarding death of one of the wanted accused Vinod in police encounter is Ex.PW45/J. Attested copy of DD No.23A dt. 25.04.2004 State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 160 ::
PS: Mangol Puri regarding going for taking opinion about weapon of offence Ex.PW45/K, attested copy of DD No.25A dt. 25.04.2004 PS: Mangol Puri regarding collecting of opinion about weapon of offence and depositing of pullanda with MHC(M) is Ex.PW45/L. DD No.16A and 23A both dt.27.04.2004, DD No:16A and 29A both dt. 17.05.2004, DD No.48B and 30D both dt. 24.05.2004, DD No.38A dt.05.03.2004, DD No.61A, 9A, 12/A, 14/AA, 16/A and 18/A all dt. 06.03.2004 are Ex.PW45/M1to M-13 respectively. Original NDPL electricity bill of H.No C-570 in the name of Rajender Ex.PW45/N. Photocopy of ration card at H.No.C-570 in the name of Rajender is mark Ex.PW45/X1. He also prepared the supplementary charge sheet along with ballistic report dt. 31.08.2004 Ex.PW45/O. He identified all the accused persons and also identified the case property.
153. During cross-examination he deposed that Inspector Ajay Kumar met him at 11:00 pm at C-block Mangol Puri. Complaint Ex.PW7/A was received in his office at 2:00 am on 06.03.2004. By different modes of transport various parties left for investigation on State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 161 ::
08.03.2004 one Tata sumo and three Maruti cars were used. He procured those vehicles but does not remember the names of the owners and their registration numbers. No official vehicle was used to prevent the revealing of the identity. He did not join the staff of respective police stations. During investigation on 08.03.2004 he did not contact SHOs of those areas.
He met with relatives of the accused persons in Wazirpur JJ Colony, Madipur and Raghubir Nagar and took about 3 hours in entire proceedings. They did not search the houses of those relatives. The distance between Kalamandir and Nagababa Mandir is at about 1 km to 1½ km. Accused Laxmi was only apprehended at the house of Moni but was not arrested as there was an urgency to apprehend other accused persons. No public persons was joined in the investigation. The vehicles were parked on the main road while going to the house of Moni. 3-4 police officials and lady constable entered the house of Moni and other staff cordoned the area. They reached Nagababa Mandir at 10:00 / 10:15 pm. The vehicles were parked 10-15 steps away from Nagababa Mandir. All the three accused persons were State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 162 ::
apprehended simultaneously. Accused persons tried to flee on seeing them. Accused Rajender was apprehended by SI Mukesh. He does not remember who apprehended the other two accused persons. They remained at Nagababa Mandir till 2:00 pm. About 12/ 13 documents were prepared on the spot. Only pistol was taken out in the formal search of Rajender. The sketch of the revolver and bullets were prepared by him. In the personal search of accused Laxmi some money and one key of house of Rajender was recovered. The key of the house was handed over to ASI Shivraj. This witness from Nagababa Mandir went to house No.F-394 Madi Pur. The house belonged to Jugnu, brother-in-law of accused Vinod (since expired). He denied the suggestion that he did not ask public persons to join investigation. There was some lady in the house but does not know if she was wife of Jugnu. They remained in the said house till 3:00/3:50 pm. He does not remember if he had asked that lady to sign on the recovery memos. He received call from SI Mukesh on mobile phone that Maruti van is recovered by him. Accused Rajender was in custody of SI Mukesh and State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 163 ::
they went to Shivaji Kunj. The distance between Shivaji Kunj and F-394 is about 1 km. No document was prepared by SI Mukesh prior to his reaching there. Police officials of team of SI Mukesh were surrounding Maruti van. Crime team also accompanied him from F- 394 to Shivaji Kunj. He lifted the blood from the Maruti Van on the instructions of Crime team and also seized the mat from the left side of the Maruti Van. The mat was cut with the scissor which he was carrying. He denied the suggestion that accused Rajender was forced to put his finger prints on Maruti Van. Crime team lifted the finger prints from the weapons and recovered articles.
154. SI R. Sriniwasan informed him at 3:45 pm about recovery of purse etc. i.e. belongings of Vijay Kumar Swami on telephone. They reached at B-229 at about 4:30 pm. SI R. Sriniwasan shown him and crime team the place of recovery at the instance of accused Vinod Jatav. He does not remember how many rooms or floors were there in that house. In his presence crime team lifted the finger prints but no documents was prepared by SI R. Sriniwasan. SI R.Sriniwasan thereafter went to State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 164 ::
C-570 Manogl Puri at 5:30 pm. He left B-229 at about 5:15 pm. ASI Shivraj had already recovered the relevant case property, before he reached at C-570 i.e. one purse. He denied the suggestion that accused Laxmi did not get recover anything or that the case property was arranged from the house of Harish Dalal and falsely planted upon Laxmi. He admitted that he did not raid the house of Moni from 07.03.2004 till 9:00 am of 08.03.2004. He had raided other places prior to visit of house of Moni. Moni did not accompany them when they took Laxmi from there.
155. Thereafter PE was closed, statement of accused persons were recorded u/s 313 Cr.PC wherein they denied the entire evidence and stated that they have been falsely implicated. They also wished to lead evidence in defence. Thereafter, the case was fixed for defence evidence.
156. Vinod Jatav examined Sh. Surender in his defence as D4W1. He deposed that on 08.03.2004 he was present at his house B-299, Ground Floor, Mangolpuri, Delhi. The family members including accused were also present there. Accused was State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 165 ::
suffering from fever for the last 4-5 days. On that day at about 5.30 pm while they were sleeping inside, somebody knocked the door. This witness opened the door and saw 10-12 police officials in uniform outside his house. They inquired about accused Vinod Jatav of which he told that he is suffering with fever and is inside the house. They started taking search of his house and told that Vinod Jatav is called by the SHO and took Vinod Jatav with them. This witness along with his father and elder brother Fatey Singh went to police station Mangolpuri and inquired about his brother Vinod Jatav. It was told that SHO is making inquiry from his brother. They waited in police station for about 3 hours and latter they were informed that Vinod Jatav has been arrested in murder of a police official.
157. During cross-examination by Ld. Additional P.P., he deposed that he studied upto 6 th standard and is running a tea shop, in front of gali of his house in Mangol Puri area. His father expired about 3-4 years back and his elder brother is doing job work regarding cutting of cloths piece for kids. In winter season, his working time is from 2 pm to 11 pm and in summer from State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 166 :: 5 pm to 11 pm. He does not remember what was the day of the week on 08.03.2004. None of his family member i.e. his father and his brother including Vinod Jatav were involved in any criminal case prior to 08.03.2004. He admitted that neither he nor his father or any other family member lodged any written complaint to higher police official or before the court, that Vinod Jatav was lifted by the police officials in the evening hours of 08.03.2004. He denied the suggestion that he is deposing falsely in order to save his brother.
158. Vinod Jatav examined Sh. Niranjan as D4W2. He deposed that on 08.03.2004 in the morning he was present at his house i.e. B-183, Mangolpuri, Delhi. His house is situated about 4-5 houses away from the house of accused Vinod Jatav. He saw 10-12 police officials passing through gali. They knocked the door of house no. B-229, belonging to accused Vinod Jatav.
After 10 minutes they came out and took accused with them. Those police official told the accused that SHO was calling him for inquiries. When the police official were inside the house of accused, they were searching in the almirah but they did not find anything. After about State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 167 ::
2 hours of accused being taken to police station, this witness also visited police station, Mangolpuri. He met Surender, who told him that Vinod Jatav has been arrested in murder of a police official.
159. During cross-examination, he stated that he did not lodge any complaint to any police official or SHO or before the court till date about incident. He could not remember the name of any of police officials who visited the house of Vinod Jatav on 08.03.2004. He remember the date as on that day there was birthday of his nephew Prashant. He denied suggestion that he concocted a story.
160. Accused Joginder examined Shankar Lal as D2W3. He deposed that on 05.03.2004, it was festival of holi-ka-dehan, which was organized on the chauraha of their street. In that function, Joginder, Rajender @ Jinder were present along with other family members.
They performed pooja in holi-ka-dehan and attended the same upto 11 pm. At about 11.30 pm two police officials came to the residence of Joginder and Rajender and took both of them. This witness visited the police station, Mangolpuri on the same night along with other State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 168 ::
family members of the accused persons. They were told that accused has been detained for certain inquiries. He thereafter returned to his house. Next date, he again visited the police station Mangolpuri along with family members. They were informed that accused persons have been arrested in murder case.
161. During cross-examination, he stated that he had not lodged any complaint to any police officer or before the court that accused persons were taken from their house at 11 pm on 05.03.2004. He does not remember what was day of week on 05.03.2004. He denied the suggestion that he is deposing falsely or that accused persons were not present in the function of holi-ka-
dehan.
162. Accused no. 1 Laxmi examined, Ms. Mohini Devi as D1W4. She deposed that on 08.03.2004 she was present at her house C-3, Mangolpuri along with her children. No police official visited her house on that day. Her mother Laxmi Devi did not visit her house on that day. Laxmi Devi was not apprehended from her house on 08.03.2004.
163. During cross-examination, she admitted that she State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 169 ::
had not lodged any complaint to any senior police official or before any court regarding her claim. She admitted that wife of Joginder is her sister-in-law (Bhabi). She denied the suggestion that she is deposing falsely.
164. Sh. Jugnu was examined as D2W4. He deposed that on 08.03.2004 he was returning to his house from his baildari work at about 6 pm. At about 6.30 pm while he was present at his house, 7-8 police officials, all in uniform, came to his house. They inquired from him about his relationship with accused Vinod Jatav (since expired). He told his relationship with the deceased. They also took search of his house for about 2 hours but nothing was recovered.
165. During cross-examination he stated that he did not make any complaint at Mangolpuri Chowki or at PS Punjabi Bagh that police officials visited his house. He could not tell the name of police officials who visited his house. He admitted that accused Vinod Jatav (since expired) was his brother-in-law (jija). He denied the suggestion that he is deposing falsely.
166. Thereafter, defence evidence was closed and case was fixed for final arguments.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 170 ::
167. During pendency of case accused Laxmi Devi died and the case against her abated.
168. I heard Ld. Additional P.P. for State, Ld. defence counsel for accused persons and perused the record.
169. The present case is based upon circumstantial evidence. There is no ocular evidence. It is well settled law that even in the absence of an eye witness the accused can be held guilty and convicted only on the basis of circumstantial evidence. However, there are certain guiding principles which have to be kept in mind while dealing the case of circumstantial evidence. The Apex Court has laid down the guide lines in the case titled C. Chenga Reddy v State of M.P., (1996) 10 SCC 193 and it was held that:
"In a case based on circumstantial evidence, the settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. Moreover, all the circumstances should be complete and there should be no gap left in the chain of evidence. Further the proved circumstances must be consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence"
170. In another case titled Padla Veera Reddy v State State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 171 ::
of A.P. & Ors., AIR 1990 SC 79 it was laid down that:
"When a case rests upon circumstantial evidence, such evidence must satisfy the following tests:
1) the circumstances from which an inference of guilt is sought to be drawn, must be cogently & firmly established;
2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused;
3) the circumstances, taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else;
and
4) the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence."
171. Ld. APP submitted that this is the case based upon circumstantial evidence as there is no ocular evidence. The prosecution intends to establish its case by proving the following circumstances: -
Circumstance of lastly going to the house of accused Laxmi;
Recovery of revolver and cartridges of SI Satish Kumar;
Recovery of weapon of offence and blood stained State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 172 ::
clothes;
Recovery of maruti van no.HR29J 2904 and weapon of offence;
Recovery of purse of deceased Vijay Kumar Swami; Recovery of purse of deceased Satish Kumar; Recovery of I-card of Satish Kumar with finger prints of accused;
Recovery of shoes of accused persons;
Circumstance of pointing out.
172. Now I take up the circumstances one by one.
173. Circumstance of lastly going to the house of accused Laxmi 173.1 Ld. APP submitted that on 05.03.2004 Inspector Ajay Sharma, examined as PW7, who was posted at Anti Homicide Section, Crime Branch, Prashant Vihar, received a secret information regarding a Santro car having fictitious number plate used in heinous crimes by criminal is parked in front of house of Laxmi Sasan in a park at C-Block, Mangolpuri. PW7 discussed about this information with PW20, Sh. R.S. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 173 ::
Dahiya, who was working as ACP at that time. PW5 was asked by PW-20 to verify this secret information. Ld. APP submitted that PW7 was accompanied by SI Satish Kumar and HC Yashpal to verify about the secret information. They left the police information at about 7.10 pm in a private vehicle. On the way they also joined Vijay Kumar Swami in the investigation. They parked their vehicle at the corner of B-Block, Mangolpuri near Nirakari Satsang Bhwan, From there at about 8.25 pm, SI Satish Dalal along with public person Sh. Vijay Kumar Swami went to the said park to verify the information. Vijay Kumar was also familiar with the area as he was resident of Manoglpuri. PW7 along with HC Yashpal remained in the vehicle. When SI Satish and Vijay Kumar Swami did not turn up upto 8.40 pm, he tried to contact them on telephone. Once, from the telephone of SI Satish he also heard the word "Hello".
Thereafter the mobile phones were found to be switched off. Ld. APP submitted that PW7 tried to search in the area but he could not trace them. He lodged a DD regarding the missing of two persons which is Ex. PW45/M7 i.e. DD no. 38 A at 11.05 pm. Even thereafter, State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 174 ::
the police was not able to trace the two persons and ultimately PW7 gave the complaint Ex. PW7/A regarding abduction of SI Satish Kumar and Vijay Swami. PW45 made his endorsement Ex. PW45/A on the same and FIR was registered. They searched for the accused persons and also at the house of accused Laxmi. They checked the houses of sons of Laxmi also but they all were found absconding and their houses were also found locked. Ld. APP submitted that the DD no. 6A was recorded at 2.15 am on 06.03.2004 Ex. PW45/M8, showing that the police had searched Laxmi Sasan and her sons at their house but they were not found there and there houses were also found locked. On the same day at 8.30 am they again went to check them at their houses but again they were not found there and the houses were found locked. DD no. 12A dated 06.03.2004 in this regard was recorded which is Ex.
PW45M/10. Search for SI Satish and Vijay Kumar Swami was conducted but they could not be traced. Efforts were made to look for accused Laxmi Sasan and her sons but they were also absconding. Ld. APP submitted that thereafter on the very next day the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 175 ::
headless body of Satish Dalal was found in the compound of office of agriculture department situated near Bahadur Garh Court Complex and headless body of Vijay Kumar was found on the right side of the gate of Real Polymer factory at Bahadur Garh. Ld. APP submitted that the head of SI Satish Dalal was found within the area of police post Tikri Kalan in open plot behind the office of Deep Properties. The head of Vijay Kumar Swami was also found in the nearby plot. Ld. APP submitted that this fact that SI Satish Dalal and Vijay Kumar Swami went to verify about the car which was parked in front of the house of Laxmi Sasan is proved and established by examining the witness PW7. DD no. 38A Ex. Pw45/M7 was got recorded immediately thereafter and then the FIR was also got registered. Ld. APP submitted that in the DD as well as in the FIR name of Laxmi Sasan was specifically mentioned. Ld. APP submitted that this testimony of PW7 coupled with the fact that SI Satish Dalal and Vijay Kumar Swami went missing from there and their dead-bodies were recovered next day in the morning and also that all the accused persons were absent from their houses and State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 176 ::
that their houses were also found locked as is evident from the DDs which are proved on record as Ex. PW45/M8 and PW45/M10 clearly establish the fact of Satish Dalal & Vijay Kumar Swami lastly going to the house of Laxmi and also points towards their guilt. This fact is also in consistent with any hypotheses of innocence of accused persons. Ld. Defence Counsel submitted that this case is based upon circumstantial evidence. In this case there are large number of circumstances which itself create doubts. Even otherwise, the investigation is biased and tempered from the very inception. In fact the evidence has been created. ld. Defence counsel submitted that as per PW7, Inspector Ajay Sharma, he had gone to the spot after receiving secret information that a Santro car with fictitious number plate is being used by the criminal suspected to be involved in heinous crime and is parked in front of the house belonging to Laxmi Sasan. Incidentally, this information has not been recorded separately by PW7 as admitted by him and there is no mention of the number of Santro car in the complaint Ex. PW7/A. It is also not mentioned in which offence or State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 177 :: suspected offence the said Santro car was ever used. Mere ipsi dixies are not enough to bring home any fragile evidence or circumstance for that matter. Ld. Counsel further submitted that though PW7 stated that at 8.25 pm, deceased SI Satish Dalal and Vijay Swami had gone towards Santro car and at about 8.40 pm their mobile phone were found to be switched off. But surprisingly no information was given to the superior or nearby police station. It was only at 11.05 pm that DD no. 38A Ex. PW45/M7 was recorded. Bare perusal of DD no. 38A shows that PW7 had not mentioned of any suspicion in their missing coupled with the Santro car. The FIR was lodged only at 3 am i.e. after 6 ½ hours only after concocting the story that house of Laxmi Sasan and her sons were found locked to bring home that they were involved in the crime. Ld. Counsel submitted that on the contrary PW7 in his cross examination stated that : -
"I along with ACP went to the said area where house of accused Laxmi situated. I did not go inside the house of accused Laxmi. I am not aware as to whether ACP entered inside the house of accused Laxmi or not. Local police, however went inside the house of Laxmi, both prior to State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 178 ::
R.S. Dahiya and latter on. Similar is my reply to the adjoining houses".
173.2 Meaning thereby, that house of accused Laxmi was open. House of Laxmi C-640, Mangolpuri;
house of Rajender is C-570, Mangolpuri; house of Joginder is C-639-604, Mangolpuri and house of Vinod Jatav D-229, Mangolpuri. None of the witnesses stated that they visited all these houses to find out the accused persons. They only stated that house of Laxmi was found locked, which is contradicted by PW7 himself. D2W3 R/o C-621, Mangolpuri also contradicted the same and deposed that on 5.03.2004 there was holi-ka- dehan until 11 pm. All the accused including Laxmi were participating in the pooja and at about 11.30 pm, Joginder and Rajender were taken away by the police. The conjoint reading of PW7 and D2W3 clearly shows that none of the accused was absconding from their houses. Ld. Counsel submitted that it is a concocted story built by PW45. The onus which was on the prosecution to prove and establish this fact has not been discharged. Benefit of the same be given to the accused persons.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 179 ::
173.3 After hearing the arguments and going through the record, I found that to prove and establish this fact the star witness is PW7 and then the documentary evidence. PW7 specifically stated that he received the secret information that car used in heinous crime was parked in the park of C-block Mangolpuri in front of house of Laxmi sansan. He shared this information with his ACP. ACP was examined as PW20.
ACP also corroborated this fact and deposed that PW7 told him about the secret information on which he asked PW7 to verify the same. He also said that DD no. 25 was recorded in this regard. It is also important to note that during the lengthy cross-examination of Pw7 his testimony could not be shaken and is consistent. He also joined one public person Sh. Vijay Kumar Swami who was resident of Mangolpuri and was aware of the topography of the area, SI Satish was sent along with Vijay Kumar at 8.25 pm when they did not return up to 8.40, he tried to contact them, searched them and immediately he informed his ACP who also searched for the two missing persons. As it was a serious matter immediately thereafter DD no. 38A Ex. PW45/M7 was State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 180 ::
recorded in that again it was specifically mentioned that there was a secret information about santro car used in heinous crime. ld. Defence counsel raised the issue that the registration number of the car is not mentioned and even the details of the offences in which the car was used or suspected to be used is also not mentioned. I fully agree with the ld. Defence counsel that in the DD no. 38A and even in the FIR, PW7 these details have not been mentioned. But here it is important to note that PW7 was having a secret information which was to be verified. There is nothing on record whether the secret informer had told the registration number of the car to PW7 and also that in which offence the car was used or in which offence the said car is likely to be used. There is no such cross-examination of PW7 or there in his cross-examination that though the secret informer gave this information to him but he deliberately did not mention all these details in the DD. Rather PW-7 stated that the secret informer did not tell him the car number and also in which offences it was used or likely to be used. Under the circumstances when secret informer did not tell PW-7 about these facts, it was not possible for State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 181 ::
PW-7 to mention these facts in Ex.PW45/M7 and Ex.PW7/A. It is also pertinent to mention here that the car regarding verification of which SI Satish Dalal went there was also seized from there vide memo Ex.PW-7/B. Witnesses PW-7 and PW-41 deposed about this fact. At the time of recovery the number plate having no.DL6CQ 6072 was found affixed on it. Mr. Samuel, Record keeper, Transport Authority Sarai Kale Khan was examined as PW-42. He deposed that no vehicle having registration no.DL6CQ 6072 is registered with them. The testimony of this witness had gone unchallenged and uncontroverted. It is important to note that correct number was DL6CQ 0072. The record regarding vehicle having registration no.DL6CQ 0072 was proved by examining PW-17. According to the record Ex.PW- 17/A this vehicle was initially registered in the name of Sh.Vikas Shokeen but was transferred in the name of Laxmi Devi wife of Sh. Nathu Ram on 15.12.2003. It is pertinent to mention here that testimony of PW-17 had also gone unchallenged and uncontroverted. This evidence corroborates the averment made by PW-7 that one vehicle parked out side house of accused Laxmi State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 182 :: having fake number plate. It is this car for verification of which SI Satish Dalal and Sh. Vijay Kumar Swamy had gone there. So far as the question of the accused persons absconding immediately thereafter is concerned, there are two DD entries on record Ex. PW45/M8 and PW45/M/10 where it is mentioned that they searched for Laxmi Sasan and her sons but they were found absent and their houses were found locked. Ld. Defence counsel tried to make out a case that they were at their residential house only and were not absconding and infact they were lifted from their houses only as deposed by the defence witness but the record shown that when PW32, 34, 37, 40, 42, 44 and 45 were examined, they never cross-examined them that accused Joginder and Rajender were lifted from their houses on 05.03.2004 at 11.30 pm itself. It is also important to note that so far as accused Vinod Jatav is concerned, according to D4W1, police came to his house at 5.30 pm while he was sleeping in his house along with his family and took away his brother Vinod Jatav. But when D4W2 appear, he said that police came in the morning, this itself shows that accused deposing State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 183 :: falsely. In fact, no such cross-examination is done to the witnessed of arrest that they were not arrested on that day and were lifted from their houses. Even PW-7 in his cross-examination on behalf of accused Jogender said that when he reached the house of Laxmi with local police officials it was found closed. Keeping in view all this facts, the testimony of PW7 corroborated by PW20, supported by Ex. PW45/M7, PW45/M8, PW45/M10 and Ex. PW7/A, coupled with the fact that they were arrested on 08.03.2004 i.e. Laxmi from the house of her daughter Mohini and the other three accused from Naga Baba Mandir, I found that the prosecution has fully proved and established this fact. This fact is also inconsistent with any hypotheses of innocence of accused persons.
174. Recovery of revolver and cartridges of SI Satish Kumar 174.1 Ld. APP submitted that in this case when SI Satish Dalal along with PW-7 went to verify the secret information received by PW-7. He was carrying a .38 bore revolver and 5 live cartridges. It has been brought on record that this revolver was got issued by PW-8 SI Raj Singh who deposed so. He handed over this State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 184 ::
revolver to SI Satish Dalal on the oral direction of PW-
20. The revolver was issued in the name of SI Raj Singh and the record in this regard has been proved. The extract of the register has been placed on record as Ex.PW26/A that revolver No.1108 along with five live cartridges was issued to Inspector Samay Singh No.D-
1/1021 PIS No:16830018 Anti Homicide Section, Crime Branch as per record of malkhana of old Delhi Railway main police station Delhi. The entry in this regard has been proved which is at Sl.no.4 in the register and the extract is Ex.PW26/A. Ld. APP submitted that the same revolver was issued to SI Raj Singh on 05.03.2004 i.e. revolver No.1108 with five live cartridges as deposed by PW-27 HC Om Parkash MHC(M) of PS: Prashant Vihar. He deposed that as per the record revolver No.1108 along with 5 live cartridges were issued to SI Raj Singh of Anti Homicide Crime Branch Prashant Vihar on 05.03.2004. Ld. APP submitted that the revolver was not to be used by him on that day and therefore he handed over the same to SI Satish Dalal who has to go for the verification of the secret information and he did so on the oral direction of PW-20. PW-20 has also admitted State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 185 ::
this fact. Ld. APP submitted that so far as recovery is concerned PW-23, PW-34, PW-35, PW-37, PW-38, PW- 40 & PW-43 deposed about arrest of the accused Rajender from Nagababa Mandir on 08.03.2004 at the instance of Laxmi. The witnesses also deposed about and recovery of recovered PX-1 along with five live cartridges Ex.PX-2 to PX-6 from the right dub of wearing pant of accused Rajender. This testimony of PW-23 is further corroborated by the testimony of HC Omender examined as PW-43. Who also deposed on the lines of PW-23 and proved the sketch of the revolver as Ex.PW43/A. He also proved the seizure memo of the revolver as Exs.PW43/B. He also identified the recovered as Ex.PX-1 and fie live cartridges are Ex.PX2 to PX6. The testimony of HC Omender is further corroborated by the testimony of PW-45 IO of the case who also identified the case property. The recovery from the possession of Rajender. Ld. APP submitted that this revolver is also identified by PW-8, SI Raj Singh as the same which he got issued and handed over to SI Satish.
Ld. APP submitted that number of the weapon was also found mentioned on the revolver. Ld. APP submitted that State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 186 ::
this recovery of revolver belonging to deceased immediately after the incident from the possession of accused Rajender is established by the prosecution by examining the witnesses. PW-8, SI Raj Singh, PW-20 ACP R.S Dahiya. PW-23, PW-34, PW-35, PW-37, PW- 38, PW40, PW-43 as well as PW-45. Ld. APP submitted that this circumstance also point towards the guilt of the accused and at the same time is in consistent with any hypothesis of innocence of the accused.
174.2 Ld. Defence Counsel submitted that prosecution allegedes the recovery of .38 bore revolver from the possession of accused Rajender alleged to be belonging to SI Satish Dalal. Ld. Counsel submitted that no public witness was associated at the time of alleged recovery of revolver from the possession of Rajender.
This fact itself creates doubt about the recovery. The presence of the public witnesses on the spot is denied. Ld. Counsel further submitted that the revolver as per the admitted case of the prosecution was issued to PW- 8 SI Raj Singh as mentioned in the malkhana register. He stated that at about 5 or 6 pm he handed over that revolver to SI Satish Dalal on the directions of senior State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 187 ::
officers. This explanation of PW-8 is though supported by PW-20 ACP R.S Dahiya but devoid of any merit. Ld. Counsel submitted that issuance of revolver is a sensitive matter. Further PW-8 admitted that he was not required to use the said revolver on said date therefore he could have easily deposited the same in the malkhana and then it should have been issued in the name of SI Satish Dalal. The law of land is amply clear that when there is documentary evidence the oral contention does not carry any weightage for the same and there is always suspicion to be looking into those. Moreover, PW-8 has admitted in the cross-examination that his statement was recorded on 28.08.2004 and at that time only, he came to know that this weapon was recovered and seized in the case. Though he was aware about the registration of the case by SI Ajay Kumar on 06.03.2004. PW-20 has also admitted that he does not remember any other case in which he had given any such similar oral instructions for handing over weapon to any other officer. Besides this PW-26 HC Lal Chand has admitted at page four of his statement that, before weapon is issued to any police official an authority letter State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 188 ::
is received from ACP or DCP etc. The order of ACP or DCP is kept in the order file. He admitted that no reference of any such order with respect to the revolver was found in the register. Ld. Counsel submitted that tampering of the register in this case is apparent from the fact that PW-26 admitted that two pages relevant to the entries on pages 31 and 32 are pasted with cello tape which clearly shows that these pages were added later on. Ld. Counsel further submitted that HC Om Parkash produced the temporary arm issue register of crime branch Prashant vihar. The said register was infact used for issue of vehicles. In that register on page-17, the recipient of revolver no.1108 has put his signature in a different column as from the one where percipients have put their signature. The bare reading of statement of this witness also shows that there is tampering in the register. Ld. Counsel submitted that be that as it may from these statements it is clear that SI Satish Dalal was not having any revolver issued to him on that day which is corroborated by the fact that no such fact is mentioned in DD No.38A dated 05.03.2004 Ex.PW45/M7. Ld. Counsel submitted that this revolver is State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 189 :: planted on the accused lateron to falsely implicate him in the present case. Ld. Counsel further submitted that accused moved an application under right to Information Act through their counsel Sh. Virender Singh to seek the information as to whether any revolver was issued from PS: Railway main Old Railway Station from its arms and ammunition section to PS: Prashant Vihar, on or before 05.03.2004 and the answer is Big NO. Ld. Counsel submitted that therefore, the issuance of this revolver firstly to PW-8 SI Raj Singh and then to SI Satish Dalal on the oral instructions of police officer ACP is palpably false, fabricated and against the documents. This also confirms the fact the registers maintained and brought in the court by the respective PW's are manipulated and false. ld. Counsel submitted that under the circumstance benefit be given to the accused and he be acquitted. 174.3 After hearing the arguments and going through the record I found that according to testimony of PW-7, PW-8 and PW-20 SI Satish Dalal was carrying a revolver of .38 bore along with five live cartridges. This fact is also deposed by PW-8 who deposed that he got issued that revolver on 05.03.2004 from the malkhana of State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 190 ::
PS: Prashant Vihar. The witness from PS: Prashant Vihar was examined as PW-27 HC Om Parkash and he specifically deposed that he issued that revolver to SI Raj Singh on 05.03.2004 the entry in the register is proved on record. The same is Ex.PW27/A in that register there is signature of SI Raj Singh in the column. No doubt the register is with respect to the handing over of vehicle and to maintain the distance covered by the vehicle for the use of motor vehicle. But in this register they are also maintaining the record of issuance of weapon which is evident from the document itself that they are maintaining the record of the issuance of the arms and ammunition only. There is signature of Raj Singh while receiving the weapon in this regard. No doubt the signatures are in different column but that itself does not make any difference as in this register there is no such column where the person receiving the arms and ammunition has to sign. This register itself shows that this weapon was issued to SI Raj singh on 05.03.2004. There is no over writing on the entry. Before that it has been placed on record that the same revolver was issued to Inspector Samay Singh on 28.04.2004 of State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 191 ::
Anti Homicide Section this revolver was issued on 07.02.2003. There is signature of Samey singh. Ld. Counsel contended that this page has been added lateron but the record and the register shows that the tape is fixed only as page is teared through out the length even otherwise there are entries not only of this case but with respect to the other weapons also on the respective dates and hence, no such inference can be drawn that this register was manipulated the entries coming in between and at the sl.no.4. hence, I do not find any merit in this contention. Ld. Counsel also referred to the reply received under RTI Act but that is of no no help as in that the question was if any weapon was issued to PS: Prashant Vihar, but fact the weapon was issued to Inspector Samay Singh of Anti Homicide Section Prashant Vihar and not to the PS. Ld. Counsel also submitted that the weapon was not handed over to SI Satish Dalal but PW-20 specifically stated that as SI Satish Dalal had to go for verification, hence on his oral direction PW-8 handed over his .38 service revolver along with five live cartridges to SI Satish Dalal. Ld. Counsel contended that the revolver could have been State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 192 ::
again deposited and re-issued but it is important to note that there was an urgency involved in such cases where there is secret information which has to be verified or work has to be carried out hence, under the circumstances PW-20 issued oral directions. PW-20 also said that the weapon can be handed over to other police officials on such oral directions and defence has also not be able to show that there is any such rule or direction that no such oral direction can be issued by the senior police official in emergency. Keeping in view all these facts it is clear that SI Satish Dalal went for verification of the secret information along with Vijay Kumar Swami. He was carrying the service revolver .38 bore along with five live cartridges which is identified by PW-8 as PX-1 and the live cartridges as Ex.PX2 to PX6 as the same which he handed over to SI Satish Dalal. PW-43 and PW-45 identified the revolver as well as the cartridges are the same which were recovered from accused Rajender. The contention of the Ld. Counsel is that no public person was joined at the time of recovery and hence it creates doubt. It is important to note that all these witnesses who were involved in the arrest of State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 193 ::
accused persons specifically stated that they reached there at the instance of co-accused Laxmi i.e. Nagababa Mandir and from there all the accused persons were apprehended and there were no public persons present. DESU Store was also there but there was no public person at that store also hence no public person could be joined from that place. Even otherwise. So far as PW-43, PW-45 and PW-23 are concerned and even the other police witnesses who were involved in the arrest of all the accused persons are consistent on the point of the arrest of the accused persons and the proceedings carried out thereon. They all stated that on seeing them the accused persons tried to run away towards the railway lines but they were apprehended within the space of 8 paces and from the right dub of the wearing pant of accused Rajender the revolver Ex.PX1 loaded with 5 live cartridges Ex.PX2 to PX6 was recovered. There is nothing on record to discredit the witnesses of recovery. The witnesses are consistent and have supported each other. Keeping in view all these facts it is clear that accused Rajender was found in possession of service revolver and the live cartridges which were in State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 194 :: possession of SI Satish Dalal when he went for raid. The circumstance stands proved and established and it also point towards the guilt of the accused.
174.4 Ld. Counsel has also raised the issue regarding non mentioning of this fact in the DD No.:38A Ex.PW45/M7. I have gone through the same, no doubt there is no such mention in that DD but that DD is only with respect to the fact that SI Satish Dalal and Vijay kumar Swami who went for verification of information are missing. There is no mention in that DD not only with respect to that revolver but other articles which they were carrying i.e. the wrist watches, wallet etc. and also the detail of the ring if any. Under the circumstances non mentioning of this fact carrying a revolver in that DD does not affect. The veracity and truth fullness of the story. In view of the above discussion I am of the considered opinion that this circumstance stand proved and established beyond doubt.
175. Recovery of weapon of offence and blood stained clothes.
175.1 Ld. APP submitted that in this case after the accused Jogender was apprehended along with other State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 195 ::
accused persons the investigation qua him was taken over by PW-45. Accused Jogender led them to the house of his brother-in-law Jugnu i.e. F-394, Madi Pur JJ colony and from there from the back of almirah i.e. in between almirah and wall he took out one polythene. ld. APP submitted that in that polythene there were two set of clothes and a knife. The clothes and the knives were seized vide Ex.PW44/E. The sketch of the knife was also prepared which is Ex.PW44/D. The knife had been identified as PX and the clothes are Ex.PX1 to PX4. The knife was also inspected by the finger print expert and the finger prints were lifted from there. As deposed by Sh. N.K. Sharma examined as PW-13. The details of the chance prints is given in Ex.PW13/C. The chance prints found on the weapon of offence belongs to accused Rajender as per the report Ex.PW12/A. Ld. APP submitted that the blood was also there on the weapon of offence as well as clothes recovered. The clothes and the weapons were sent to FSL for analysis and also the blood lifted from the scene of crime and human bone tallied with the blood grouping of the deceased. As per the report Ex.PW29/PF the blood group of one of the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 196 ::
deceased was B and even in the blood stained earth the blood group of both the deceased came to be B. the clothes of the accused persons as well as the weapon were also examined. The blood was detected on the clothes as well as on this weapon and as per the report Ex.PW30/P2 and as per serological report Ex.PW30/P3 the blood of human origin of 'B; group was found on the clothes got recovered by accused Jogender @ Danny and also on the weapon of offence i.e. chopper Ex.PX. Ld. APP further submitted that coupled with this fact there is statement of the doctor who conducted the post mortem examined as PW-3 he also deposed that the injuries found on the dead body could be inflicted by this chhoper or similar such chhoper. Ld. APP submitted that keeping in view all these facts i.e. the recovery of chhoper at the instance of accused Jogender @ Danny from the house of Jugnu his brother in law the recovery of the blood group B which was also the blood group of deceased persons. Coupled with the fact that the finger prints of his co-accused Rajender were found on that Chhoper and then on the clothes also blood of group B that of the deceased persons was found clearly shows State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 197 :: and points towards the guilt of the accused that he along with his co-accused Rajender whose finger prints were found on that chhoper committed this offence and i.e. why the blood group of the deceased was found on the chhoper and the clothes, which were also found concealed behind the almirah. This fact itself shows their special knowledge and it was not easily visible to every body. Ld. APP submitted that efforts were made to join the public witnesses but none agreed. Both the witnesses of recovery examined as PW-43 and PW-45 fully proved and established this fact. They are consistent corroborated each other and stood through the test of cross-examination there is nothing on record causing dent on their testimony or to disbelieve them. Ld. APP submitted that the onus which was on the prosecution has been fully discharged. It is prayed that this circumstance stands proved. It points towards the guilt of the accused and also at the same time inconsistent with any hypothesis of innocence of accused.
175.2 Ld. Defence counsel submitted that as per section 100(4) of the CrPC any recovery on the basis of State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 198 ::
disclosure statement u/s 27 of the Evidence Act shall be carried out by the following procedure laid down. It is mandatory that two independent witnesses of the area should be joined at the time of recovery of incriminating articles. Ld. Counsel submitted that it is admitted by the recovery witnesses PW-43 and PW-45 that H.No.F-394, Shivangi Kunj Madipur Delhi was situated in a thickly populated area. It is a residential area. No effort whatsoever was made by the investigating officer to join the public persons. More so witnesses also admitted that the house belongs to one Jugnu and as per PW-43 SI Jai Singh in the said house both Jugnu and his wife were present but the investigating officer did not join Jugnu and his wife in the investigation. No inquiries were made from them. Even the site plan is not complete the site plan Ex.PW45/B prepared by PW-45 does not show the position of the almirah behind which the incriminating articles were kept allegedly by the accused. Ld. Counsel submitted that since no public witness has been associated and even inmates of house have not been joined therefore, no reliance on the recovery of the said chopper and clothes alleged to State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 199 ::
have been recovered at the instance of accused Jogender can be placed. Ld. Counsel relied upon the Judgments cited as State Vs. Ramesh 1998 Vol.2 Apex Decision Page 42, Wherein the Hon'ble High Court of Delhi held that:
"It need hardly be said that in order to lend assurance that the investigation has been proceeding in fair and honest manner, it would be necessary for the I.O to take independent witnesses to the discovery under Section 27 of the Indian Evidence Act and not taking independent witnesses and taking highly interested persons and police officers as th witnesses to the discovery would render the discovery at least not free from doubt. The object of sub-Section (4) of Section 100 of the Code of Criminal Procedure is to ensure an honest and genuine search and to prevent trickery by 'planting' the things to be 'found' at searches.
"Respectable" occurring in Sub-Section (4) of Section 100 of the Code means in substance impartial and independent persons not connected with officialdom or police whose evidence may be relied upon".
175.3 Ld. Counsel has also relied upon the judgment cited as Jaffar @ Raju Vs. State 2013 JCC Vol.2 Page 1175, wherein the Hon'ble High Court of Delhi held that:
"Under the circumstances keeping in view he fact that there was no dearth of State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 200 ::
independent witnesses despite that no effort was made to join them in the proceedings, furthermore the house was no in exclusive possession of the accused, but as per version of the prosecution itself it belonged to the sister of the accused, however, neither the name of the sister nor the number of the house is forthcoming nor she was made a witness of recovery as such the recovery becomes doubtful".
175.4 Ld. Counsel has also relied upon the judgment cited as Dudh Nath Pandey Vs. State 1981 SCC Crl. Page 379 wherein the Hon'ble Supreme Court held that:
"Evidence of recovery of the pistol at the instance of the accused can not by itself prove that he who pointed out the weapon wielded it in offence . Where the statement accompanying the discovery is woefully vague to identify the authorship of concealment, the pointing out of the weapon may at best prove the accused's knowledge as to where the weapon was kept".
175.5 Ld. Counsel submitted that in view of settled law as laid down by Apex court in the above Judgment, it is clear that the onus which was on the prosecution has not been discharged, the benefit of the same be given to the accused persons and they be acquitted. 175.6 After hearing the argument and going State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 201 ::
through the record I found that in this case there are two recovery witnesses PW-44 and PW-45. Both of them are consistent corroborated each other and also stood through the test of cross-examination. Both the witnesses stated that it was accused Jogender who took out polythene which was kept concealed behind the almirah. From that the clothes and the weapon of offence Ex.PX were taken out. Both also stated that the weapon of offence and the clothes were firstly examined by the crime branch and finger prints were also lifted. This testimony has also been corroborated by PW-13 that he examined the weapon of offence and lifted the finger prints Q2 and Q2A. Though Ld. Counsel tried to make out a case that the number has been mentioned as Q2 and Q2A though it was the first recovery and this itself shows that the finger prints have been manipulated and it was planted as the chopper which was lateron recovered from Maruti van and from there also allegedly the finger prints were lifted but those were given number as Q1 whereas that recovery was effected lateron. But from this itself it cannot be said that it was manipulated particularly when Rajender was not there when this State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 202 ::
recovery was effected as per prosecution story and even the defence does not say so. The finger prints found on the chopper tallied with the specimen finger prints of accused Rajender and then on this chopper there was blood also. The blood was found to be of group B which was also of deceased persons. Even the blood on the clothes i.e. pants was found to be of group 'B' of human origin. In this case admittedly wife of Jugnu was there and Jugnu was also there but it has come in the testimony of PW-45 specifically that she refused to join the investigation and even sign the documents. Hence, she could not be joined. This contention of the Ld. Counsel that inmates were not joined does not found support from the testimony of witnesses. Even otherwise the law is the quality of evidence and not the quantity. No doubt presence of the public witnesses lend more credence to the evidence but if the efforts are made and still the public witnesses does not join simply on that ground the police witnesses cannot be discredited or disbelieved. Reliance can be placed on the judgment cited as Parmod Kumar v State (Delhi), (2013) 6 SCC 586 wherein it was held that:
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 203 ::
"11. Thus, the submission that the whole case should be thrown overboard because of non-examination of independent witness and reliance on the official witnesses cannot be accepted.
Presently, we shall proceed to deal with the veracity and acceptability of the testimony of the witnesses. The learned trial Judge and the High Court, after x-ray of the evidence of the witnesses, have come to the conclusion that Pramod Kumar was a proclaimed offender; that information was received by the competent authority that he was hiding in the house of Chander Pal; that a team had gone to apprehend him; that SI Jaswinder Singh along with other members of the team waited at a distance of 100 yards and Maharaj Singh went to the house of Chander Pal; that the accused was found on the verandah of the house and was asked to surrender but he immediately took out a knife from his shirt pocket; that before he could inflict a knife blow, he was overpowered by Maharaj Singh and there was a grapple between the two; and Maharaj Singh, receiving a bullet injury, fell down and eventually succumbed to the injuries in the hospital. It is not in dispute that Pramod Kumar has received some injuries, but that would not be a ground for discarding the prosecution version and acceptance of the plea of the defence.
The evidence on record is required to be scrutinized and appreciated. The witnesses, namely, Baljit Singh, PW-6, Samar Singh, PW-8, Jaswinder Singh, PW-9, Rajbir Singh, PW-11 and Md. Iqbal, PW-16, who have been examined in support of the prosecution, have stood embedded in their version. The witness, Samar Singh, PW-8, has vividly described State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 204 ::
the occurrence and the graphic description has not been, in any manner, dented in spite of the roving cross-
examination. It is apt to note that despite searching cross-examination, none of the witnesses has given way to any tergiversation. When their testimony has not been varied from any spectrum, there is no reason to discard them. Thus, the contention that there should have been examination of independent witnesses to corroborate the evidence of the police officials has to be treated as mercurial. Therefore, we unhesitatingly repel the said submission."
175.7 Similar view was expressed by the Apex Court in case titled Kashmiri Lal v State of Haryana, (2013) 6 SCC 595 and held that:
"9. As far as first submission is concerned, it is evincible from the evidence on record that the police officials had requested the people present in the 'dhaba; to be witnesses, but they declined to cooperate and, in fact, did not make themselves available. That apart, there is no absolute command of law that the police officers cannot be cited as witnesses and their testimony should always be treated with suspicion. Ordinarily, the public at large show their disinclination to come forward to become witnesses. If the testimony of the police officer is found to reliable and trustworthy, the court can definitely act upon the same. If in the course of scrutinizing the evidence the court finds the evidence of the police officer as unreliable and untrustworthy, the court may disbelieve him but it should not do so solely on the presumption that a witness from the department of police should be State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 205 ::
viewed with distrust. This is also based on the principle of quality of the evidence weighs over the quantity of evidence.
These aspects have been highlighted in State of U.P. v. Anil Singh, 1990(3) R.C.R (Criminal) 585 : 1988 Supp SCC 686, State, Govt. of NCT of Delhi v.
Sunil and another, 2001(1) R.C.R. (Criminal) 56 : 2001(1) SCC 652 and Ramjee Rai and others v. State of Bihar, 2006(4) R.C.R.(Criminal) 289 :
2006(13) SCC 229. Appreciating the evidence on record on the unveil of the aforesaid principles, we do not perceive any acceptable reason to discard the testimony of the official witnesses which is otherwise reliable and absolutely trustworthy."
175.8 Both these witnesses are consistent as mentioned above, corroborate each other and at the same time they have stood through to the test of lengthy cross-examination. Under the circumstances keeping in view the scientific evidence i.e. the finding of the finger prints and then the detection of blood of same group as of deceased. I found that the recovery of this chopper at the instance of accused Joginder @ Danny stands proved and established by the prosecution and at the same time it also point towards the guilt of the accused and is also inconsistent with any hypothesis of innocence of accused persons.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 206 ::
176. Recovery of Maruti Van No.HR 29J 2904 and weapon of offence.
176.1 Ld. PP submitted that in this case after the accused Rajinder @ Jinder was arrested from Naga Baba Mandir alongwith his other co-accused, he was interrogated. He made the disclosure statement Ex. PW43/C. The investigation qua accused Rajinder @ Jinder was handed over to SI Mukesh, examined as PW34. HC Ominder PW43 was also with him in the investigation alongwith HC Sushil. Accused Rajinder @ Jinder led the Police Team to Shivangi Kunj, Madipur near Shakti Clinic and pointed out towards Maruti Van No. HR 29J 2904, white colour. SI Mukesh informed this fact to Inspector K. G. Tyagi who asked him to wait there. Thereafter Inspector K. G. Tyagi alongwith Crime Team reached there. The van was opened. Crime Team inspected the van. One knife (Chopper) was found under the mat lying in front of the driver seat. Blood stains were there on the chopper, Maruti Van as well as on the mat. The blood samples were lifted from the van on the direcrion of the Crime Team. A piece of the mat of the Maruti Van was also cut, put in a cloth parcel, State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 207 ::
sealed with the seal of 'KGT' and seized vide memo Ex. PW34/B. Similarly, blood was lifted from the driver side, side view mirror, from the front driver side door of the Maruti Van and the front left side door of the van with the help of cotton. These were put in different plastic containers, sealed with the seal of 'KGT' and seized vide memo Ex. PW34/A. Ld. PP submitted that the chance Prints were also lifted from the chopper as well as from the Maruti Van. Sh. N. K. Sharma, PW13 lifted the Chance Prints and proved his Report as Ex. PW13/B. The two Chance Pprints lifted from the chopper were given numbers Q1 and Q1A and the seven Chance Prints were lifted from the Maruti Van which were numbered as Q3 to Q9. The finger prints of the accused persons were taken and sent to Finger Print Beureau, Delhi Police for comparison. SI Ganga Ram from Finger Print Bureau was examined as PW12. He proved his Report as Ex. PW12/A and he reported that Chance Print Q8 is identical with left thumb impression Mark 'S2' on the Finger Impression Slip of Rajinder @ Jinder S/o Nathu Ram. The Report also shows that Chance Prints Mark Q1, Q1A, Q2 to Q6, Q9 and also Q11 (this is the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 208 ::
Chance Print lifted from the purse of the deceased SI Satish Kumar) are either hazy, faint, partial or smudged and do not disclose sufficient number of ridge details in their relative positions for comparison, hence they are unfit and no opinion can be given regarding these prints. 176.2 Ld. APP further submitted that the mat piece seized from the Maruti Van vide Ex. PW34/B, the blood samples lifted from the van and seized vide memo Ex.
PW34/A and chopper seized vide memo Ex. PW34/D were sent to FSL for analysis. According to the analysis Report conducted on the bone of the deceased and the earth having blood shows that the blood group of the deceased persons was 'B'. When the weapon of offence recovered by accused Rajinder and the blood lifted from the van and the mat piece were analysed, the blood was detected on the mat piece as well as on the weapons and the blood of humam origin of group 'B' was detected. Ld. PP submitted that it has also been proved on record that the dead bodies were of the deceased persons as per the DNA Report which is Ex. PW29/P2, according to which the pant got recovered was of Satish Dalal as the DNA separated from the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 209 ::
same matched with the DNA Profile of his sons Varun Dalal and Ashish Dalal. Similarly, the DNA extracted from the bone and the teeth tallied with the Dna profile of Savitri Devi, the mother and Bansi Dhar Swami, the father. The blood grouping of the bone was found to be 'B' and of the blood stained earth where dead body of Satish was found was also found to be 'D'. The blood detected on the weapon of offence recovered, the Maruti Van and inside the Maruti Van was also found to be of human origin of group 'B'. Ld. PP submitted that besides that finger prints on the chopper i.e. the weapon of offence tallied with the finger print of accused Rajinder. The recovery witnesses had stood through the test of cross-examination. They are consistent. There is also no reason for them to depose falsely against the accused, coupled with the scientific evidence, it is clear that the Van as well as the weapon of offence were used in the murder of SI Satish Dalal and Vijay Kumar Soni. 176.3 Ld. PP submitted that the prosecution has discharged its onus and proved the circumstance beyond doubt. Ld. PP further submitted that this circumstance is not only inconsistant with any State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 210 ::
hypothesis of innocence of accused, but at the same time points towards the guilt of accused. 176.4 Ld. PP further submitted that this Maruti Van No. HR 29J 2904 was a stolen property. In this regard, Raghubir Singh lodged the complaint Ex. PW2/A at PS -
Pitam Pura. On his complaint, FIR No. 119/04 u/s 379 IPC was registered. Raghubir Singh was examined in that case as Ex. PW2. He deposed that he does not remember the date but when he woke up in the next morning at about 6:00 - 7:00 a.m., he found his vehicle Maruti Van No. DL 4CF 5015 missing. He lodged he report Ex. PW2/A. Later on he came to know that his vehicle was recovered. Ld. PP submitted that he also saw the vehicle in the Police Station and found that a fake number plate of HR 29J 2904 was affixed on the same.
176.5 Ld. PP submitted that Engine Number and the Chesis Number of the vehicle which got recovered is infact the Engine Number and Chesis Number of the van of PW2, examined in case FIR No. 119/04. 176.6 Ld. PP submitted that the trial of the two cases was ordered to be recorded in case FIR No. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 211 ::
139/04 as the other witnesses were common. The vehicle was also released on Superdari to Raghubir Singh, after its recovery.
176.7 Ld. PP submitted that this vehicle was recovered by accused Rajinder as proved by the prosecution by examining PW34 and PW43. Both the witnesses have corroborated each other and have fully supported the case and identified the Maruti Van to be belonging to him which was stolen on the intervening night of 10-11/02/2004.
176.7 Ld. PP submitted that by examining these witnesses, prosecution has also proved and established the guilt of accused that he was found in possession of stolen property which he retain as such even after coming to know about the same.
176.8 Ld. Defence Counsel for the accused persons submitted that the case of the prosecution is that the Maruti Van found at Shivangi Kunj was a stolen vehicle but no evidence to this effect has been brought on record by the prosecution. There is also no evidence that the accused committed theft of that vehicle.
Prosecution has also alleged that Maruti Van was State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 212 ::
opened with the key alleged to be recovered in the personal search of accused Rajinder, but no investigation has been carried out as to how the accused came in possession of the key of the vehicle if it was a stolen property. No investigation is carried out as to from where he had procured the key. Ld. Counsel submitted that prosecution also alleged that accused pointed out the place of theft but no public person had been joined. There is no evidence brought on record that accused stole the vehicle.
176.9 Ld. Defence Counsel further submitted that in this case story of the prosecution is that two persons had been beheaded by the accused persons using two choppers but it is unimaginable that the accused persons, who were participating in the commission of murder jointly, concealed one chopper with blood stained clothes in the house of Jugnu by accused Joginder and the other chopper was concealed by accused Rajinder below the mat of Maruti Van. Ld. Counsel submitted that if offence was committed jointly as alleged, then they would not have concealed the choppers at two different places. Even otherwise, as State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 213 ::
alleged by the prosecution also, if the accused persons were so conscious to destroy incriminating articles by burning those at the place of recovery of dead bodies then they would have disposed of the blood stained clothes and the other articles also which were incriminating. There was no reason for them to carry these articles with them to be recovered later on and to get themselves implicated. Ld. Counsel in support of his arguments, relied upon the judgment cited as 'Devi Prasad Vs. State', 61 (1996) DLT 678. Ld. Counsel further submitted that the witnesses have admitted that they had not associated any public witness at the time of recovery of the said chopper, lifting of blood stains from Maruti Van and the mat and also the mat, which clearly shows that there is non compliance of provisions of Section 100 (4) of the Code of Criminal Procedure which are mandatory in nature. In view of this legal position, no reliance can be placed on the said recoveries. The benefit be given to the accused persons and they be acquitted.
176.10 After hearing the arguments and going through the record I found that so far as the Maruti State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 214 ::
Van No. HR 29J 2904 is concerned, the record shows that FIR no. 119/04 was registered on 14/02/2004 regarding theft of the Maruti Van on the complaint of Raghubir Singh. Raghubir Singh was examined as PW2 in case FIR No. 119/04 and he stated that on the intervening night of 10-11/02/2004, he parked his Maruti Van No. DL 4CF 5015 outside his house i.e. QU-193/C, Pitam Pura, Delhi. He also identified his van and stated that when he saw the van in the Police Station, fake number plate HR 29J 2904 was found affixed on the van. He also identified that it is the same van which belongs to him and was stolen. It is also important to note here that the trial of case FIR No. 119/04, PS - Shalimar Bagh was ordered to be conducted along with case FIR No. 139/04, PS - Mangol Puri. It was ordered by my Ld. Predecessor on 13/03/2012 that :-
'.....Hence, I order that all the evidence which have been recorded in case FIR No. 139/04, PS - Mangol Puri, till date and the evidence which will be recorded in future will be read as evidence in this case.' 176.11 Thereafter, the trial in the two cases continued together and the evidence was recorded only State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 215 ::
in case FIR No. 139/04 of PS - Mangol Puri. As discussed above, the witnesses of recovery PW34, PW43 and PW45 have fully proved and established that accused Rajinder got recovered the Maruti Van. No doubt public witnesses were not joined at the time of effecting recovery. However, as discussed above, so far as these three recovery witnesses are concerned, they all are consistent, corroborated each other and trustworthy. There is nothing on record to disbelieve them. Even otherwise, it is the quality of evidence which is material and not the quantity. There is no such rule that the Police witnesses are unreliable or no reliance on their testimony can be placed unless corroborated by the testimony of a public witness. The only caution to be taken before placing reliance is that the evidence be scrutinized meticulously and if it appears that the witness is not trustworthy or reliable, the benefit be given to the accused. In the present case, all the three witnesses have fully supported each other and corroborated the prosecution case. It is proved that accused Rajinder got recovered the Maruti van. Thereafter, PW43 informed PW45 about the recovery. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 216 ::
PW45 asked him not to disturb the vehicle. PW43 also stated that he did not do anything on the spot and just waited for PW45 to reach there after the accused pointed out the van. This testimony of PW43 is corroborated by PW45 who stated that when he reached the spot, he found the Team of Mukesh just guarding the vehicle. Thereafter, the vehicle was opened and firstly it was inspected by the Crime Team. Crime Team took out one knife from underneath the mat found in front of the driver seat of the van. It is important to note here that according to PW13, he also checked that knife (chopper) for finger prints and two finger prints were lifted from the chopper. He also found seven finger prints on the maruti van, detail of which is mentioned in Ex. PW13/C as to from where those chance prints were lifted. The record also shows that those chance prints were sent to Finger Print Bureau along with the finger impressions of the accused persons and chance print Q8 which according to PW13 was lifted from rear view mirror tallied with the finger print of accused Rajinder. The blood stains were also found on the van, the chopper recovered and also the blood was lifted with the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 217 :: help of cotton. The blood lifted from the van as well as the chopper with the help of cotton and piece of mat were sent to FSL for biological analysis and serological examination. It is pertinent to mention here that the blood was also lifted from the scene of crime and it was found to be Group B. The blood group was found to be 'B' of the deceased persons. During analysis, the blood stains found on the chopper, on the mat of Maruti Van and blood found on the Maruti van were found to be of group 'B', human origin as per Report Ex. PW30/P3. All these facts clearly link. Firstly, the Maruti Van as well as the chopper with the murder of SI Satish Dalal and Vijay Kumar Swami and the finger print of accused Rajinder found on the rear view mirror of Maruti Van link him with the offence and points towards his guilt. At the same time it also shows & establishes that accused was found in possession of stolen Maruti Van actual number of which was DL 4CF 5015. Keeping in view the above discussion, I am of the opinion that the onus which was on the prosecution has fully been discharged and the recovery of the chopper with finger prints of Rajinder and the recovery of stolen Maruti Van with blood of the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 218 :: deceased persons is fully established which not only points towards the guilt of the accused persons but at the same is also inconsistent with any hypothesis of innocence of accused persons.
177. Recovery of Purse of deceased Vijay Kumar Swamy 177.1 Ld. PP submitted that in this case, on 08/03/2004, accused Vinod Jatav was also apprehended along with the other accused persons i.e. Rajinder and Joginder. Vinod Jatav was interrogated. He also made the disclosure statement Ex. PW38/A. Inspector K. G. Tyagi, PW45 handed over the custody of accused Vinod Jatav to SI R. Sriniwasan. Constable Anil and HC Brahm Pal were also with SI R. Sriniwasan in the investigation. Accused Vinod Jatav led them to his house No. B-229, Mangol Puri. From the Shaft (Taand) accused got recovered a purse. SI R. Sriniwasan informed PW45 about that recovery. PW45 asked him not to check the purse till he arrives there. PW45 alongwith the Crime Team reached there. PW13 Sh. N. K. Sharma checked the purse for finger prints. One chance print Q10 was found on the purse. He also State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 219 ::
submitted his Report in this regard which is Ex. PW13/C. This chance print on the purse tallied with the finger prints of accused Vinod Jatav as deposed by PW12 and as mentioned in the Report Ex. PW12/A. Ld. PP submitted that the purse was thereafter checked. It was found containing a wrist watch make Timex Quartz, one driving licence of Vijay Kumar and one silver ring with some documents and photographs. The articles recovered were identified by PW4 as of Vijay Swami i.e. the purse, the wrist watch and the silver ring. The TIP proceedings are proved as Ex. PW4/M. Ld. MM, Sh. Rajesh Kumar Singh was examined as PW15 who proved the TIP proceedings conducted by him. He also stated that the witness correctly identified the case property. The witness PW-4 also identified the case property correctly in the Court. The driving licence was in the name of the deceased itself. Ld. PP submitted that all these items were put in a cloth parcel, sealed with the seal of 'RSS' and seized vide memo Ex. PW38/B. Prosecution examined SI R. Sriniwasan as PW38 and HC Anil Kumar as PW40 in this regard. Both these witnesses fully supported the prosecution case State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 220 ::
and proved the recovery of belongings of Vijay Kumar at the instance of accused Vinod Jatav. Both the witnesses are consistent and corroborate each other. They have stood through the test of lengthy cross- examination. There is no reason to disbelieve their testimony. It is submitted that the prosecution has proved this fact beyond doubt. Ld. PP also submitted that this circumstance points towards the guilt of the accused and is also inconsistent with any hypothesis of innocence of the accused.
177.2 Ld. Defence Counsel submitted that in this case, there are two recovery witnesses but both of them have contradicted each other. SI R. Sriniwasan deposed that accused got recovered the purse from the roof of House No. B-229, Mangol Puri but PW40 stated that it was recovered form the shaft (Taand). PW-38 stated that accused got it recovered but PW-40 deposed that SI R.Sriniwasan brought down the purse from the shaft(Taand). Both the witnesses deposed that family members of Vinod Jatav were present there i.e. the parents of the acused and his brothers but none of them had been joined. The house of the accused was also State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 221 ::
situated in a residential area but no effort whatsoever was made to join any neighbour or any independent person at the time of recovery. This itself makes the alleged recovery highly doubtful. The Site Plan of the place of recovery also not prepared. Ld. Counsel also submitted that according to the prosecution story, the articles recovered were the purse, the wrist watch, a silver ring, the driving licence and some other documents. Ld. Counsel submitted that though these articles are highly incriminating but at the same time were of no use for the accused to be kept with them so that Police comes and revolver from them. Ld. Counsel submitted that it is highly improbable that accused persons would keep there articles with them, particularly when the allegations are that the accused persons burnt the head and other articles. Ld. Counsel submitted that in case, the investigating Agency has planted these articles on the accused in connivance with the family of Vinod Jatav. No such recovery was ever effected. Even the finger prints were planted. It is prayed that benefit be given to the accused and they be acquitted. 177.3 After hearing the arguments and going State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 222 ::
through the record, I found that the witnesses PW34, PW35, PW37, PW38, PW40, PW43, PW44 and PW45 all are consistent, so far as the arrest of all the accused including Vinod Jatav is concerned. They all deposed that firstly accused Laxmi was apprehended from the house of her daughter Mohini, examined as D1W4. Thereafter, accused Laxmi led them to Naga Baba Mandir from where the other three accused i.e. Rajinder, Joginder and Vinod Jatav were arrested. Vinod Jatav made the disclosure statement Ex. PW38/A. The investigation qua accused Vinod Jatav was carried out by PW38 alongwith PW40 and HC Brahm Pal (not examined). Accused Vinod Jatav led them to his house i.e. B-229, Mangol Puri, Delhi. From inside the room, from a shaft (Taand). He got recovered the purse of red colour. SI Sriniwasan, PW38 informed PW45 immediately about the recovery. PW45 also corroborated PW38 and PW40 in this regard. PW45 reached the house of accused Vinod Jatav alongwith Crime Team. Crime Team inspected the purse. One finger print Mark Q10 was lifted from the purse. The chance print lifted from the purse tallied with the finger State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 223 :: print of accused Vinod Jatav. Thereafter, the purse was checked in this one wrist watch mark Timex and one ring of silver, driving licence of Vijay Kumar Swami and the documents were recovered. The purse and the other articles i.e. the wrist watch and the ring were identified by Sh. Pradeep Sharma, PW4 - relative of Vijay Kumar Swami as of Vijay Kumar Swami not only in the TIP proceedings Ex. PW4/M conducted by PW15 but also before the Court. It is also important to note that on the purse, alphabet 'V' was also found written by scratching on the leather as the witness PW4 deposed that he identified the purse as he was knowing that on the purse, alphabet 'V' is written. The Court also checked the purse and found alphabet 'V' written by scratching on the leather of the purse. So far as Test Identification Parade proceedings are concerned, Ld. MM deposed that the case property as well as the property brought for mixing were in sealed parcels. The witness was not there in the Chamber of PW15 when the case property was opened and mixed with the property brought for mixing, it was insured that no communication or information be available to the witness about the case State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 224 :: property, facilitating identification. The witness PW4 in the TIP correctly identified the case property. In this case, there was one driving licence of the deceased also in the same purse along with some other documents. No doubt the driving licence, the purse and the documents were of no use to the accused. So far as the wrist watch and the ring are concerned, certainly the same are valuable articles. It is also correct that the articles recovered are highly incriminating in nature. But, the contention that why the accused will retain the incriminating evidence/material with them is for the accused to explain. There cannot be a straight explanation for human conduct and behaviour in given set of circumstances. No doubt, the accused persons have also burnt the heads and some other articles including the mobile phones and then they could have also destroyed these articles but that simply is no ground to disbelieve the recovery, coupled with the other facts and circumstances. Both the witnesses of recovery i.e. PW38 and PW40 as well as PW45 have stood through the test of cross-examination. Both PW38 and PW40 proved the recovery of belongings of State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 225 :: deceased Vijay Kumar Swami from the house of accused Vinod Kumar Jatav at the instance of accused Vinod Jatav. The witnesses are consistent. The defence was not able to breach their varacity or cause any dent in their trustworthiness. As the witnesses are reliable and inspired confidence, therefore, in my opinion, it is proved and established that accused Jatav from his house got recovered the purse and other belongings i.e. wrist watch, ring and driving licence of deceased Vijay Kumar Swami. This recovery is immediately after the commission of offence. The murder in this case took place on the intervening night of 05-06/03/2004 and the recovery is effected on 08/03/2004 and the accused was apprehended at about 10:15 a.m. from Naga Baba Mandir. This proximity of time in the commission of offence and recovery of articles belonging to the deceased at the instance of accused Vinod Yadav clearly points towards his involvement in the commission of offence and is also inconsistent with any hypothesis of innocence of the accused. The circumstances stands proved and established.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 226 ::
178. Recovery of purse of deceased Satish Kumar. 178.1 Ld. APP submitted that on 08.03.2004 police apprehended accused Laxmi from the house of her daughter Moni. She also got arrested her co- accused. During interrogation she made the disclosure statement Ex.PW37/C and in pursuance to that disclosure statement she led the police team to H.No.C- 570 Mangol Puri. That house was opened with the help of the key which was recovered in Jama Talashi of accused Laxmi. From that house from under the seat of Sofa she got recovered one purse of mahroon colour. The investigation in this regard was carried out by ASI Shivraj PW-35. PW-35 informed PW-45 Inspector K.G Tyagi about the recovery of the purse by accused Laxmi. PW-45 asked him to wait and not to conduct any proceedings thereafter. PW-45 along with the crime team reached there. Crime team inspected the purse. Sh. N.K. Sharma PW-13 checked the purse for chance print and one chance print found on the purse that was numbered as Q11. In the purse one ring one wrist watch, membership card of the sports complex, driving licence, visiting cards and other documents were found. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 227 ::
The TIP of the case property was conducted by PW-15. In the TIP PW-5 brother of the deceased Satish Dalal identified the exhibits. In the court also he identified the exhibits i.e. Purse Ex.P-27, the wrist watch Ex.P-28, the ring P-29. Membership card driving licence visiting card and other documents as Ex.PZ1. Ld. APP submitted that this recovery of belongings of deceased from the house of accused Rajender @ Jinder at the instance of accused Laxmi that also immediately after commission of crime clearly points towards the involvement of accused in the commission of offence. Both the witnesses PW-35 and PW-37 fully supported the prosecution case and corroborated each other. They have stood through the test of cross-examination. Ld. APP submitted that the circumstance stands established and proved which also points towards the guilt of accused persons.
178.2 Ld. Defence Counsel submitted that in this case no public witness from the locality or the nearby houses was joined despite availability. It has come in the evidence of PW-43 that two ladies were there which also demolishes the story of PW-35 that it was Laxmi who State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 228 ::
opened the house with the key found in the personal search of accused. Those ladies had also not been joined. This itself creates doubt. Even otherwise those articles were of no value and of use to the accused persons. There was no purpose for accused persons to keep the same particularly when they had burnt the other incriminating evidence. Ld. Counsel submitted that the case property was planted upon accused persons which was provided by PW-5 Harish Dalal. Ld. Counsel submitted that it is a fabricated evidence even the TIP was not conducted as required under the rules. The onus which was on the prosecution has not been discharged and the circumstance is not proved. 178.3 After hearing the arguments and going through the record I found that at the time of recovery of dead bodies those were found naked. Head was found burnt. No ring or wrist watch was found on the body.
After the arrest of accused persons. Laxmi made the disclosure statement Ex.PW35/C. The witnesses deposed that investigation qua Laxmi was assigned to ASI Shivraj. Laxmi led ASI Shivraj, W/HC Anil Sharma and HC Pawan to H.No.C-570 Mangol Puri Delhi i.e. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 229 ::
house of Rajender @ Jinder. It is also deposed by the witnesses that one key was recovered in the personal search of accused Laxmi. The house of Rajender @ Jinder was opened by using that key. Ld. Defence counsel submitted that the house was lying opened as deposed by HC Omender examined as PW-43. It is important to note here that HC Omender was not accompanying ASI Shivraj when they reached H.No. C- 570 Mangol Puri. HC Omender was in investigation with respect to accused Rajender with Inspector K.G. Tyagi.
HC Omender reached there only lateron and certainly at that time the house was already open and there might be some other ladies who may have entered the house after the house was opened by Laxmi. PW-43 never deposed that he accompanied ASI Shviraj and accused Laxmi Devi to house No.C-570 Mangol Puri and the same was lying open and two ladies were present there. Both witnesses PW-35 and PW-37 corroborated each other are consistent and deposed that accused Laxmi took out one purse from underneath seat of Sofa. The purse was also having one ring, one wrist watch which was identified by PW-5 as belonging to his deceased State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 230 ::
brother SI Satish Dalal. It is pertinent to mention here that Test Identification Parade was conducted of these articles by PW-15. He specifically deposed that the case property as well as property brought for mixing were produced in sealed parcels. When the case property and the property brought for mixing were opened at that time neither the IO nor witness was present in his chamber. He also ensured that no communication be made available to the witness to facilitate the identification of the case property. Even other wise there is no such cross-examination of PW-15 in this regard that TIP was not conducted as required under Law. Case property was correctly identified by PW-5 in the court. There is nothing on record that the property Ex.P- 27, P-28, P-29 was provided by PW Harish Dala to the police. So far as witnesses PW-35 and PW-37 are concerned both are trustworthy and reliable. They have also stood through the test of lengthy cross- examination. Both the witnesses inspire confidence and I found no reason to disbelieve them. In view of the above discussion I am of the opinion that prosecution has successfully proved this circumstance. The recovery State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 231 ::
of the belonging of deceased from the house of accused Rajender at the instance of accused Laxmi is immediately after the commission of offence thus points towards their involvement in the commission of offence and at the same time it is also inconsistent with any hypothesis of innocence of accused persons.
179. Recovery of I-card of Satish Kumar with Finger Prints of accused.
179.1 Ld. APP submitted that in this case on 06.03.2004 the headless bodies were recovered.
Thereafter information was received that half burnt skull is also lying behind the office of Deep properties in the area of PP Tikri kalan. Entire team reached there and they found one head in burnt condition. Crime team was also called. Scene of crime was checked the exhibits lying there were lifted and seized. Among those articles on the south western sides from the head at a distance of about 8 to 10 steps one I-card of Delhi police in the name of Satish Kumar Sub-Inspector issued by Addl. Deputy Commissioner of Police, Crime and Railway was recovered. It was checked by the crime team. One chance print was lifted from the I-card that chance print State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 232 ::
was given mark-Q1 as per report Ex.PW13/A. The same was sent to Finger Print Bureau along with the specimen finger/palm prints of the accused persons. After examination it was found that the chance print mark Q1 found on the I-card Ex.P5 of deceased SI Satish Dalal tallied with the right middle finger specimen finger print of accused Joginder @ Danny marked S4. The report is Ex.PW12/A. Ld. APP submitted that the Id-card was lifted from the scene of crime, put in a cloth parcel and was seized vide memo Ex.PW4/F. The witnesses i.e. Pradeep Sharma examined as PW-4, Harish Dalal examined as PW-5. Inspector Ajay Sharma examined as PW-7 and Inspector Azad Singh examined as PW-41 deposed about the recovery of the same. Sh. N.K. Sharma examined as PW-13 also deposed about the same. All the witnesses are consistent in this regard. ld. APP submitted that this recovery of I-card of deceased near the place where head was found and the recovery of finger print of accused Joginder @ Danny on the I- card clearly point towards the guilt of the accused that it was he who along with other co-accused persons committed this crime and i.e. why his finger prints were State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 233 ::
there on the I-card Ex.P-5 of SI Satish Kumar. Ld. APP submit that this circumstance is established and proved beyond doubt.
179.2 Ld. Defence counsel submitted that this I-
card was not found near the head as the same is not visible in the photographs taken at the spot. If this I-card would have been there then it must have been visible in the photographs. Ld. Counsel also emphasized that admittedly SI Satish was in service for the last about 25 years. It has come in the evidence that only once the I- card is issued. But the I-card Ex.P5 produced in the court was comparatively new which clearly shows that this I card was got prepared lateron and then planted at the scene of crime. Ld. Counsel submitted that as per the witnesses 20 to 50 public persons were present on the spot but no public person was joined at the time of recovery of alleged I card. Even no effort was made to join any public witness. This itself creates doubt about the truthfulness of story of prosecution. It is prayed that under the circumstance benefit be given to the accused and he be acquitted.
179.3 After hearing the arguments and going State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 234 ::
through the record I found that so far as this I card is concerned that was issued only on 02.06.1998 and not about 25 years back as was portrayed by the defence. Keeping in view this fact and also that the I-card does not appear to be so fresh and as if it was got issued only after the commission of offence. In view of this fact I do not find merit in the contention that this I-card was issued lateron as contended by defence. There are two public witnesses one of them was Sh. Pradeep Sharma, independent person. He also deposed about the recovery of this I-card from the scene of crime. All other witnesses examined by the prosecution who were on the spot i.e. PW-4, PW-5, PW-7 and PW-41 are consistent about this recovery. Sh.N.K. Sharma from Crime branch also deposed that this I-card was lying in the grass when he inspected it and then lifted the chance prints. Therefore, it is quite possible that this I- card is not visible in the post card size photograph taken at the spot as no close up of I card was taken and the photographs are also not enlarged to find out if in the photographs clicked this I card is covered or not. Keeping in view the testimony of PW-4, PW5, PW-7, State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 235 ::
PW-41, getting corroboration from the Crime Team I found that so far as recovery of I-card is concerned that is established. According to PW13 one chance print was also lifted from this I card Ex.P5. This fact is also mentioned in the report Ex.PW13/A. The chance print which was mark Q1 along with specimen finger print of accused persons were sent to Finger Print Bureue. Witness from Finger Print Bureau is examined as PW-12 who proved his report Ex.PW12/A according to which the chance print Q1 lifted from the I-card P5 of SI Satish Dalal found on the spot tallied with the right middle finer, specimen print of accused Joginder @ Danny. All the recovery witnesses are consistent and reliable. I found no reason to disbelieve their testimony. Keeping in view the above discussion it is clear that prosecution has fully proved and established the recovery of the I-card from the palce where head of SI Satish Dalal was found and then recovery of finger print of accused Joginder @ Danny on that I-card. This circumstance also point towards the guilt of the accused and is also inconsistent with any hypothesis of innocence of accused.
180. Recovery of Shoes of accused persons State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 236 ::
180.1 Ld. APP submitted that in this case on 12.03.2004 accused persons made supplementary disclosure statements wherein they said that they can get recovered the shoes which they were wearing at the time of commission of offence. Accused Vinod Jatav led the team comprising PW-45 Inspector K.G Tyagi, PW-35 ASI Shivraj and PW-44 ASI Jai Singh to his house i.e. B- 229 Mangol Puri, Delhi. From the Dewan lying in that room, he took out a polythene having a pair of showes having mud on the same. Ld. APP submitted that the shoes were put in a cloth parcel sealed with the seal of KGT and seized vide memo Ex.PW35/B. Thereafter, accused Jogender @ Danny led the police team to the house of Jugnu and from the roof of a toilet situated near house of Jugnu he got recovered one polythene having two pairs of shoes one was sports shoes light grey make Campus having blue stripes, having mud on it and the other pair of shoes was of black colour leather shoes. On the second pair of shoes also there was mud.
Both the pairs of shoes were put in different polythenes wrapped in white cloth, sealed with the seal of KGT and seized vide memo Ex.PW35/C. Ld. APP submitted that State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 237 ::
the shoe which was got recovered by Vinod Jatav was of dark grey colour and on the sole there was blue strip. Ld. APP submitted that in this case police on 06.03.2004 from Agricultural Department Haryana office situated near Bahadurgarh court complex had also lifted the earth control and the blood stained earth. It is the same place where the headless body of SI Satish Dalal was found. The shoes recovered and the earth sample were sent to FSL for analysis the report has been received which is Ex.PW29/P6. According to report the soil sample from Ex.9 and soil sample from Exibit-10 were found to be possessing similar, physical characteristics. It is important to note that Exhibit -9 is blood stained earth and Ex10 is the earth control lifted from the place where headless body of SI Satish Dalal was found on 06.03.2004. The report also shows that the soil sample taken from Exhibit-3, Exhibit-4A and 4B and soil sample taken from Exhibit-10 were found to be possessing similar physical characteristics. Ld. APP submitted that from this report it is clear that the mud found on the shoes got recovered by accused Vinod Jatav and accused Jogender @ Danny was of the place where the State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 238 ::
headless body of SI Satish Dalal was found which also shows and establishes their presence on the spot. Ld. APP submitted that all the three witnesses PW-35, PW- 44 and PW-45 fully supported the prosecution case and corroborated each other. They have also stood through the test of cross-examination and proved the recovery of shoes at the instance of both the accused i.e. Vinod Jatav and Jogender. Ld. APP submitted that the onus which was on the prosecution has been fully discharged and the circumstance is proved beyond doubt. Ld. APP submitted that this circumstance points towards the guilt of accused persons and is also in consistent with any hypothesis of innocence of accused persons as there is no explanation by the accused persons coming in their statement u/s 313 Cr.PC as to how the soil of the place where headless body was found came on their shoes. 180.2 Ld. Defence counsel submitted that according to prosecution story on 12.03.2004 accused persons made disclosure statement wherein Joginder disclosed that he had concealed two pair of shoes and Vinod Jatav disclosed that he had concealed one pair of shoes. Ld. Counsel submitted that it is highly State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 239 ::
unimaginable that when the accused persons were aware that on the shoes there is incriminating evidence i.e. the mud on it they would have easily washed that mud. Ld. Counsel submitted that PW-45 during his cross-examination stated that when they reached at the place of recovery of headless body of Vijay Swami they cleaned their shoes over grass itself. Ld. Counsel submitted that how the different behaviour is expected from the accused persons if they were really involved in the crime. Ld. Counsel further submitted that even otherwise the recovery of shoes is after 4 days of arrest. There is non compliance of provision of section 100 of Cr.PC even the recovery is falsified by the defence witnesses D4W1, Surender real brother of Vinod Jatav and D4W2, Niranjan the neighbour of Vinod Jatav. Both have clearly deposed that on 08.03.2004 at about 5:30 pm few police officials came to their house and thoroughly searched the same but nothing incriminating was recovered. Thereafter those police officials had taken Vinod Jatav with them on the pretext of interrogation. Ld. Counsel submitted that these statements of defence witnesses cannot be simply State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 240 ::
brushed aside. Ld. Counsel submitted that similarly Jugnu was examined as D2W4 owner of house No.F- 394 Madi Pur, Delhi. He stated that on 08.03.2004 police came to his house and they throughly searched his house but nothing was recovered, therefore, lateron the recovery on 12.03.2004 is clearly false and planted.
Ld. Defence counsel submitted that the onus which was upon the prosecution has not been fully discharged and the recovery is not fully proved. It is prayed that benefit be given to accused persons.
180.3 After hearing the arguments and going through the record I found that so far as witnesses PW- 35, PW-44 and PW-45 are concerned all three are consistent, corroborated each other and proved the recovery of shoes Ex.PW35/P22, P23 and P24. No doubt public persons were not joined but keeping in view the testimony of these three witnesses, their trust worthiness and reliability so far as the recovery at the instance of Vinod Jatav and Joginder is concerned that is established. No doubt there are defence witnesses examined as D4W1 and D4W2, but both have contradicted each other to such an extent that it is not State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 241 ::
possible to reconcile the two statements. According to D4W1 the police came to his house at 5:30 pm, conducted the search wherein nothing incriminating was recovered and took away Vinod Jatav. But according to D4W2 the police came in the morning to the house of Vinod Jatav conducted the search and took him away. From the testimony of these two witnesses it is clear that they are not reliable and making statement only to save the accused. So far as testimony of D2W4 is concerned, he stated that police conducted search in his house but nothing was recovered. According to the police witnesses PW-35. PW-44 and PW-45 the recovery of shoes is not from house of Jugnu but from the roof of toilet near the house of Jugnu. Hence, this testimony of D2W4 also does not effect the recovery as deposed by the three above mentioned witnesses. Ld. Counsel has also argued that nothing prevented accused persons from washing their shoes and if there was any mud on the same they could have easily removed the same. But this was for the accused persons to think and do. Ld. Counsel is also taking clue from the behaviour of PW-45 but there is starking difference in the two Situations. State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 242 ::
Accused persons were in a hurry as they have to dispose of two dead bodies and they have also beheaded the bodies and the heads were also to be burnt and at the same time prevent the detection. But police was not under such tension, pressure and hurry while collecting the exhibits and seizing the headless bodies and burnt skull. Therefore, the behaviour of the accused persons and of the police officers reaching there for investigation cannot be compared with each other. It is important to note here that the earth control was lifted from the place i.e. Agricultural Department situated near Bahadurgarh court complex where headless body of SI Satish Dalal was found. All the earth samples along with the blood stained earth lifted from the places where headless bodies were found along with the three pairs of shoes one got recovered by Vinod Jatav and two got recovered by Jogender were sent to physics division of FSL for analysis and the report Ex.PW29/P6 clearly establishes that the soil samples found on the shoes exhibits PW-35/P22, PW- 35/P23 and PW35/P24 and the soil sample from Ex.-10 were found to be possessing similar, physical State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 243 :: characteristics. It is pertinent to mention here that soil sample found in Exhibit-10 is the earth sample lifted from Agricultural Department near Court Complex Bahadurgarh where headless dead body of SI Satish Dalal was found. This fact shows and establishes the presence of accused at the scene of crime where headless body was found. Keeping in view the above discussion I am of the considered opinion that prosecution has fully proved and establish this circumstance which points towards the guilt of accused persons. It is also important to note that there is no explanation coming from the accused persons as to how soil of the place of occurrence i.e. the place where headless body of SI Satish Dalal was found, came as their shoes. This circumstance is also therefore inconsistent with the any hypothesis of innocence of accused persons.
181. Circumstance of Pointing Out 181.1 Ld. APP further submitted that in this case all the accused persons i.e. Laxmi, Rajender, Joginder and Vinod Jatav also pointed out the place of occurrence where they murdered the victims i.e. Satish State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 244 ::
Dalal and Vijay Kumar Swami. First of all it was Laxmi, who led the team headed by ASI Shiv Raj that the victims were strangulated at C-570 Mangol puri. Then the other accused persons also pointed out the same house as the place where they strangulated the victims. The pointing out memos were prepared. The pointing out memo by Sh.Vinod Jatav is Ex.PW-38/C. Pointing out memo by Rajender is Ex.PW-43/E and pointing out memo by Joginder is Ex.PW-44/F. Ld. APP submitted that the accused persons also pointed out the places where they have burnt the heads of the victims and also where the dead body were thrown. These places pointed out by the accused Vinod Jatav, Rajender and Joginder. The pointing out memos of the place where the heads were burnt by accused Vinod Jatav is Ex.PW- 38/D by accused Rajender Ex.PW-43/E by accused Joginder is Ex.PW-44/G. They also pointed out the place where the head less bodies were thrown. Vinod Jatav pointed out the Agricultural Department Court Complex Bhadurgarh where the headless body of Satish Dalal was thrown vide pointing out memo Ex.PW-38/E. Rajinder pointed out that place vide pointing out memo State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 245 ::
Ex.PW-44/F and Joginder pointed out that place vide pointing out memo Ex.PW-44/H. The place where the head less body of Vijay Kumar Swami was thrown is pointed out near Polymer Factory by Vinod Jatav vide memo Ex.PW-38/F by accused Rajinder vide memo Ex.PW-43/G and by Joginder vide memo Ex.PW-44/G. Ld. APP submitted that the accused persons were having special knowledge of the facts as they are the committors of the offence that is why they are able to point out the place where they have murdered those persons and where the heads were burnt and the places where the head less bodies were thrown. Ld. APP submitted that the witnesses in whose presence they pointed out these places were not knowing about the same. All the witnesses examined i.e. PW-34, PW-35, PW-37, PW-38, PW-40, PW_43, PW-44 and PW-45 are consistent in this regard. All of them have fully corroborated each other and proved the pointing out by the accused persons. Ld. APP submitted that this pointing out of the places also points towards guilt and is established by the prosecution.
181.2 Ld. Defence counsel submitted that in State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 246 ::
this case the police was already knowing all these places and hence there was no discovery of new fact which was earlier not in the knowledge of the police. As per the prosecution story all these places had already been visited by the police on 06.03.2004 i.e. the Agricultural Department Bahadurgarh. The Real Polymer factory on the road leading to Rohtak from Bahadurgarh and the place behind Deep properties Tikri Kalan. Ld. Counsel submitted that as per the settled law that only that portion of the disclosure statement which leads to the recovery of some article or discovery of a fact is admissible under law. As there is no recovery or discovery of fact from these pointing out memos or the disclosure statement of the accused persons, hence the same is not admissible. Even otherwise all these places were already in the knowledge of the police. Ld. Counsel submitted that this circumstance is even otherwise not proved and established as no public witness has been joined. The onus which was on the prosecution has not been fully discharged. It is submitted that benefit be given to accused persons and they be acquitted.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 247 ::
181.3 After hearing arguments and going through the record, I found that so far as the place of strangulation of victim is concerned that was not known to any of the police officers before the same was pointed out by the accused persons i.e. C-570, Mangol Puri. No doubt the police has already recovered the bodies and the burnt head but still the police was not knowing where the offence was committed. Police was also knowing that the victims were murdered by strangulation as mentioned in the post mortem report proved by PW-2 but the place of strangulation was not known. This fact came to the knowledge of the police from the disclosure statement of accused Laxmi, Vinod Jatav, Rajinder and Joginder and then they have also pointed out the same, that it was at C-570, Mangol Puri where they strangulated both the victims. Hence this in any case is discovery of a new fact hence admissible under law. So far as the pointing out the place where the heads were burnt, no doubt that place was known to the police but the accused persons pointed out these places and also the place at Bahadurgarh i.e. the Agricultural Department office and place near Real Polymer factory State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 248 ::
to the police officers, who were not knowing about those places before. It is also important to note that even if the police was knowing those places but this point out shows the special knowledge of the accused persons as they were the perpetrators of the crime and it discloses the special knowledge as to where they burnt the heads and where they had thrown the dead bodies after commission of offence. All the witnesses examined in this regard are very consistent and corroborate each other as pointed out by the Ld. APP. They are reliable and trust worthy. They have stood through the test of cross examination and there is nothing on record to disbelieve them. Keeping in view all these facts, I am of the opinion that prosecution has fully proved and established the pointing out of the place of murder, pointing out the place where they had burnt the heads of the victims and the places where they have thrown the dead bodies. The onus which was on the prosecution has been fully discharged and this circumstance also points towards the guilt of the accused persons.
182. Ld. APP submitted that in this case as has come in the testimony of PW-7 as well as PW-20 SI Satish State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 249 ::
Dalal was on duty at that time. SI Satish Dalal had gone along with PW-7 and HC Yashpal for verification of secret information about the car parked in front of house of Laxmi Sansan in C-Block Mangol Puri. Sh. Vijay Kumar Swami was the public person who joined the investigation. While SI Satish Dalal was on his duty for verification all the accused persons i.e. Smt. Laxmi (now deceased) Vinod (who died in the encounter), Rajender@ Jinder, Joginder @ Danny and Vinod Jatav obstructed SI Satish from discharging his duty as such public servant this was done by them in conspiracy with Smt. Laxmi Devi who was none else but the mother of accused Rajender @ Jinder, Joginder @ Danny and Vinod. Ld. Counsel submitted that as SI Satish was on duty and he was obstructed in discharging his duty therefore offence u/s 186 IPC is clearly made out. Complaint under section 195 Cr.PC Ex.PW20/A was also made which is required under law. Accused persons thereafter in furtherance of the conspiracy abducted them, robbed their belongings i.e. .38 bore revolver Ex.PX1 along with five live cartridges Ex.PX2 to PX6, the wallet Ex.P26, Wrist watch P-27, Ring P-28, State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 250 ::
Driving licence, Sports club membership card, visiting cards and other documents collectively PZ-1 and they also robbed Vijay Kumar Swami of his purse, wrist watch and silver ring identified by PW-4 as belonging to him and thereafter murdered them at C-570 by strangulating. In order to conceal the commission of offence and suppress the identity of the deceased they be headed them. The headless body of SI Satish was recovered from the compound of Agricultural Department near Bahadurgarh Court Complex. The headless body of Vijay Kumar Swami was found near the gate of Real Polymer factory, Rohtak Road. The head of SI Satish was found behind the office of Deep properties in the area of Tikri Kalan and from the adjoining plot the burnt head of Vijay Kumar Swami was recovered. The heads were burnt along with other articles to conceal the crime. Ld. APP submitted that all this has already been established by the prosecution beyond doubt and prayed that all the accused be held guilty and convicted.
183. Ld. Defence counsel submitted that the investigation in this case is tainted and fabricated from State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 251 ::
the very beginning. No fair investigation has been conducted. Evidence has been planted upon accused persons. They had not committed any such offence. Ld. Counsel submitted that it is a case based upon circumstantial evidence. In the case based upon circumstantial evidence all the circumstances have to be proved and established beyond doubt. The circumstances so proved and established must point towards the guilty of accused. The circumstances so established must be inconsistent with any hypothesis of innocence of accused and the circumstances so proved and established must form a complete chain pointing only towards the guilt of accused. Ld. Counsel submitted that in this case there are many missing links in the chain. Hence, the benefit be given to accused persons. Ld. Counsel further submitted that in a case based upon circumstantial evidence motive assumes importance. In the present case prosecution has failed to bring on record any motive of the accused persons in eliminating or murder of SI Satish Dalal and Vijay Kumar Swami. As the motive is not established rather prosecution does not even alleged that there was any motive hence, State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 252 ::
benefit be given to accused persons and they be acquitted. Ld. Defence counsel in support of his arguments relied upon the judgment cited as Jawahar Lal Vs. State(Delhi) 2011 (4) JCC 2774, wherein it was held that:
"We have already mentioned that the prosecution has been unable to establish the motive behind the alleged crime. Even though relatives of the deceased Mahinder Gupta came to the witness box, none of them have uttered a single word concerning the motive on the part of Jawahar Lal, who allegedly committed the murder of Mahinder Gupta. The only indication of motive is in the testimony of PW6 Head Constable Harbans Lal, who stated that prior to Jawahar Lal assaulting Mahinder Gupta. He had uttered the words:-
"Mahinder tu aaj bach nahi sakta.
Tune men behan sneh ki life kharab ki hai. Aaj mai tera kaam tamam kar deta hun".
But, the prosecution has not established the basis for such an utterance. We have already indicated our serious doubts with regard to the testimonies of PW-5 Constable Suresh Chand and PW-6 Head Constable Harbans Lal. It is true that in a case where there is ocular testimony, establishing a clear motive would not always be necessary. But, as pointed out by this court in Parmesh Kumar Vs. State: CrL A 52/1993 decided on 06.03.2009, where the ocular testimony is tainted or is not believable even partially, motive becomes a relevant factor. In the present case we State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 253 ::
find that PW-5 Constable Suresh Chand and PW-6 Head Constable Harbans Lal can not be believe and, therefore, the question of motive would attain significance. Unfortunately, the prosecution has not been able to establish the motive in this case. We agree with the learned counsel for the appellant that there are too many gaps in the prosecution case. In any event, the entire case hinges Upon the testimonies of PW5 Constable Suresh Chand and PW6 Head Constable Harbans Lal. Since we have grave doubt as to whether these persons actually witnessed the incident, the prosecution has not been able to prove its case beyond reasonable doubt".
184. After hearing the arguments so far as the law laid down by the Hon'ble Supreme Court with respect to the cases based upon circumstantial evidence, there cannot be any doubt about the same. If we apply that Principle in the present case then we found that prosecution established the circumstance of Recovery of Service Revolver of SI Satish Dalal, Circumstance of Recovery of weapon of offence and blood stained clothes at the instance of accused Jogender @ Danny. Circumstance of Recovery of Weapon of offence at the instance of accused Rajender. Circumstance of recovery of belongings of SI Satish at the instance of accused State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 254 ::
Laxmi from the house of co-accused Rajender. Circumstance of recovery of belongings of Vijay Kumar Swami at the instance of accused Vinod Jatav. Circumstance of Recovery of I-card with finger print. Circumstance of Recovery of Stolen Van with fake number plate belonging to PW-2 Raghubir Singh examined in case FIR No.119/04 PS: Shalimar Bagh. Circumstance of recovery of Shoes of accused persons having soil similar to the characteristics of soil where the headless dead body of SI Satish Dalal was found. All these circumstances points toward the guilt of accused persons. These are also inconsistent with any hypothesis of innocence of accused and form a complete chain.
185. So far as the issue of motive is concerned no doubt motive achieves importance in the case of circumstantial evidence but it is well settled principle of law that if otherwise there is over whelming evidence and the circumstances proved and established point towards the guilt of the accused then merely because motive is not proved is no ground to acquit the accused persons. The reliance in this regard can be placed on State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 255 ::
the judgment titled Nizam v State of Rajasthan, 2015(8) JT 87 wherein the Supreme Court has held that:
"If the prosecution is able to prove its case on motive, it will be a corroborative piece of evidence lending assurance to the prosecution case. But even if the prosecution has not been able to prove the motive, that will not be a ground to throw away the prosecution case.
Absence of proof of motive only demands careful scrutiny and deeper analysis of evidence adduced by the prosecution."
186. In another case titled Tarsem Kumar v Delhi Administration, AIR 1994 SC 2585 the Apex Court has held that:
"8. Normally, there is a motive behind every criminal act and that is why investigating agency as well as the Court while examining the complicity of an accused try to ascertain as to what was the motive on the part of the accused to commit the crime in question. It has been repeatedly pointed out by this Court that where the case of the prosecution has been proved beyond all reasonable doubts on basis of the materials produced before the Court, the motive loses its importance. But in a case which is based on circumstantial evidence, motive for committing the crime on the part of the accused assumes greater importance. Of course, if each of the circumstances proved on behalf of the prosecution is accepted by the Court for purpose of recording a finding that it was the accused who committed the crime in question, even in absence of proof of a motive for commission of such a crime, the accused State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 256 ::
can be convicted. But the investigating agency as well as the court should ascertain as far as possible as to what was the immediate impelling motive on the part of the accused which led him to commit the crime in question."
187. In the present case as per the evidence of PW-7 and PW-20 SI Satish was on duty when he was abducted, robbed and mercilessly killed. No doubt there is complaint u/s 195 Cr.PC but the cognizance for the offence punishable u/s 186 IPC in this case was not taken on the basis of complaint u/s 195 Cr.PC. It is well established law that mere tagging of complaint is not sufficient. Infact the cognizance must be taken only on the basis of complaint u/s 195 Cr.PC which is missing in this case. Hence, so far as the offence punishable u/s 186 IPC is concerned accused are acquitted. So far as the other offences are concerned prosecution has successfully proved and established that all the accused hatched the conspiracy to prevent SI Satish Dalal from discharging his official duty as SI of Delhi Police who wanted to verify about a car parked in front of house of accused Laxmi Sasan from where he along with Vijay Kumar Swami was abducted by the accused persons, robbed of their articles and thereafter murdered by State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 257 ::
strangulation, be headed and heads burnt in order to conceal the commission of offence and also to prevent the identity of the dead bodies.
188. Keeping in view all these facts. All the accused persons are held guilty and convicted for the offence punishable u/s 120B, 364 r/w 120B IPC, 392 r/w 120B IPC, 302 r/w 120B IPC and u/s 201 r/w 120B IPC.
189. So far as accused Rajender @ Jinder is concerned as he was also found in possession .38 bore revolver Ex.PX1 and five live cartridge Ex.PX2 to PX6 without licence infact belonging to SI Satish Dalal. He is also held guilty u/s 25 Arms Act. Accused Rajender also got recovered the stolen Maruti Van belonging to Raghubir Singh and hence he is also held guilty u/s 411 IPC.
190. Accused Rajender @ Jinder who is on bail is taken in custody. Argument on the quantum of sentence will be heard on 28.02.2017. Copy of this judgment be also placed on the other file.
Announced in the open court today on 22.02.2017 (VIRENDER KUMAR BANSAL) ASJ/Pilot Court/North District Rohini Courts/New Delhi.
State Vs. Laxmi etc. SC Nos.57573/16 & 58112/16 :: 258 ::