State vs . Sakshi Kapoor Etc. on 26 February, 2015

[Cites 16, Cited by 0]

Delhi District Court

State vs . Sakshi Kapoor Etc. on 26 February, 2015

                                                    -: 1 :-

                           IN THE COURT OF SH. RAKESH KUMARII, 
                          ADDITIIONAL SESSIONS JUDGE03, (WEST) 
                                     TIS HAZARI COURTS, DELHI

Unique  Id. No. 02401R0437032009
SC  No. 8/3/14
FIR No. 221/09
U/S 302/201/177/34 IPC
PS  Paschim Vihar
State   vs. Sakshi Kapoor etc.

JUDGEMENT

     1. Sl. No. of  the case  :                      8/3/14
     2. Date of Committal to Sessions :         25.09.2009
     3. Received by this court on transfer :    17.01.2014
     4. Name of the complainant :                 Insp. Rajesh Kumar
     5. Date of commission of offence :        28.05.2009
     6. Name and Parentage of accused :       (1) Sakshi Kapoor D/o Ashok 
                                                     Kapoor, R/o 134, SBI Nagar, 
                                                     Paschim Vihar, Delhi110063.
                                                     (2) Sunny Batra
                                                     S/o Jawahar Lal, R/o  BS36/C,  
                                                     Shalimar Bagh, Delhi.
     7. Offence complained of :                      302/201/177/34 IPC
     8. Offence charged  :                                302/201/177/34 IPC
     9. Plea of guilt  :                                       Pleaded  Not Guilty
     10.Final order :                                         Convicted                 
     11. Date on which order reserved :          23.02.2015
     12. Date on which order announced  :      26.02.2015


  FIR No.   221/09                    State vs. Sakshi Kapoor etc.                            1/65
                                                     -: 2 :-


BRIEF REASONS FOR DECISION :

CASE OF THE PROSECUTION :

1. Case of the prosecution as per the charge sheet is that on 28.05.2009, on the directions of senior officers, ASI Padmesh Tyagi and Insp. Rajesh Kumar after receiving the DD No. 34A reached at H. No. 134, State Bank Nagar, Paschim Vihar, Delhi. There, they met ASI Hawa Singh and Ct. Sahender. Insp. Rajesh Kumar inspected the spot and noticed the blood on the double bedsheet. He also noticed 5 blood stained knives, one broken iron press, one broken bear bottle of Hayward 5000 and blood stained pillows. Articles were also scattered in another room and on inquiry, he came to know that some persons entered into the house and they inflicted injuries to one lady and that lady was taken to Action Balaji Hospital. Insp. Rajesh Kumar called the crime team and directed ASI Hawa Singh to remain at the spot and he alongwith Ct. Sahender went to Balaji Hospital where Kiran Kapoor was admitted and she was declared 'brought dead' by the concerned doctor on MLC No. 1732/09. Ct. Sahender was ordered to remain present near the body for its protection and he went to the place of occurrence where senior police officers were found present. Sakshi FIR No. 221/09 State vs. Sakshi Kapoor etc. 2/65 -: 3 :- Kapoor, daughter of deceased Kiran Kapoor who was present at the spot was inquired into and her statement Ex. PW 11/B was recorded who in her statement stated that she alongwith her family members was residing there and working as teacher at Richmond Global School, Mianwali Nagar. She stated that on 28.05.2009, at around 07.00 pm, she was present in her house and her mother Kiran Kapoor had gone to attend some religious function (Kirtan) and she came back at around 07.00 pm. Her brother and her father were not present and her mother went inside her room. She stated that she prepared tea for her mother and switched off the light of the kitchen and suddenly two boys with good built came inside her house but she concealed herself inside the kitchen and both the boys went towards the room of her mother. She stated that she came out of kitchen and hidden herself in the drawing room and she heard that her mother was shouting. Both the boys remained inside the room of her mother for one and a half hour and after that they left the house and when she saw inside the room, she found that her mother was lying in a pool of blood and she was having knife injuries on different parts of her body. She stated that one bear broken bottle was lying there and kitchen knife and one iron press and one pillow was also lying there and from the land line, she called her brother and her brother Manish called the police and one vehicle came FIR No. 221/09 State vs. Sakshi Kapoor etc. 3/65 -: 4 :- there and they took her mother to the hospital. Sakshi stated that she checked the room of her brother and found that almirah was opened and articles were scattered. The almirah of side room was also opened and clothes were scattered. She stated that those two boys have looted her house and also attacked her mother.

Crime team reached at the spot. They took the photographs and a case u/s 460 IPC was made out and accordingly, ASI Hawa Singh was sent to the police station for registration of the case. Postmortem on the body of Kiran Kapoor was got conducted and the dead body was handed over to her family members. During the investigation, it came to the knowledge of Insp. Rajesh Kumar that Kumari Sakshi was having so many male friends and one boy namely Sunny Batra used to visit her house in the absence of the family members. Insp. Rajesh Kumar also noticed some small injuries on the hands of Sakshi Kapoor and she was interrogated but she did not give any satisfactory answer. To clear the doubts, the call details of mobile phone of Kumari Sakshi were collected. Telephone IMEI was checked through Nodal Officer Sh. A. K. Lal and it was revealed that another sim was also activated from the same mobile bearing no. 9990281410 and this phone was used mostly in talking to phone no. 9990606414. When the ownership of the phone bearing no. 9990606414 was inquired into then it was revealed that this FIR No. 221/09 State vs. Sakshi Kapoor etc. 4/65 -: 5 :- phone was issued in the name of Sunny Batra after 29.05.2009. To clear the suspicion, the call details of Sunny Batra were obtained and found that no. 9711260196 was working on his instrument till next date of the incident. It was also noticed that from this number, calls were made on telephone bearing nos. 9990281410 and 9711135596. The location of mobile phone No. 9711260196 of Sunny Batra on the date of incident was of Meera Bagh which is under the place of incident. To verify these things, on 02.06.2009 the police officers alongwith Sh. Ashok Kapoor made reiki around the house of Sunny Batra and after confirmation, they raided the house of Sunny Batra. He was interrogated. Initially, he did not disclose anything and pretended to be knowing nothing about the case, but during sustained interrogation, he exceeded to his involvement in the present case and stated that on 28.05.2009, at about 05.00 pm, he went to the house of Kumari Sakshi at her call. At around 07.00 pm, Smt. Kiran Kapoor, mother of Sakshi Kapoor came there and after seeing Sunny Batra, she started shouting and Sunny Batra alongwith Sakshi Kapoor murdered Kiran Kapoor.

Thereafter, they both in connivance with each other planned to depict a story of robbery and as per the planning, certain articles were kept in a polythene bag and Sakshi gave it to Sunny Batra and during raid, the entire articles i.e. purse, ear ring, finger ring, mobile phone etc. were FIR No. 221/09 State vs. Sakshi Kapoor etc. 5/65 -: 6 :- recovered from Sunny Batra and he was taken to police station. Kumari Sakshi was also called there and when she saw Sunny Batra in the police station alongwith the articles which were given by her at the time of fake robbery, she admitted her guilt and she confessed that she alongwith Sunny Batra has committed the murder of her mother Kiran Kapoor as she has seen her with Sunny Batra. Disclosure statements of both the accused were recorded and at the instance of Sunny Batra, all the articles which were missing from the house of Kiran Kapoor were recovered. After completion of investigation, charge sheet was filed by the IO in the court.

Charge:

2. After conclusion of investigation, charge sheet u/s 302/201/177/34 IPC was filed. After compliance of 207 Cr. PC, case was committed to Session Court. During the course of trial, both accused were charged for commission of offence punishable u/s 302/201/177/34 IPC on 01.10.2009 to which both accused pleaded not guilty and claimed trial. Prosecution Evidence and Statement of accused:

3. To prove its case, prosecution cited 41 witnesses and all the witnesses were got examined by the prosecution followed by recording the statement of both the accused u/s 313 Cr. PC vide which Sakshi Kapoor FIR No. 221/09 State vs. Sakshi Kapoor etc. 6/65 -: 7 :- admitted her guilt and stated that she alongwith Sunny Batra had committed the murder of Smt. Kiran Kapoor. Sunny Batra claimed himself to be innocent.

Defence Evidence: No defence evidence has been led by both the accused.

4. I have heard the arguments of Ld. APP for the state and Sh. V. K. Saini and Sh. V. K. Gandhi, Ld. Defence Counsels for both the accused and perused the entire case file carefully.

5. At the onset, it would be appropriate to have a glance at the gist of the deposition of the witnesses examined by the prosecution.

6. PW 1 Rajinder Singh Chaudhary, Assistant Ambulance Officer took the injured lady in CATS ambulance to Balaji Hospital.

7. PW 2 Ashish Kapoor is the brother of accused Sakshi Kapoor who received the phone call from Sakshi Kapoor that two persons have entered into their house and caused injuries.

8. PW 3 Smt. Poonam Mahendru is sister of deceased Kiran Kapoor who received a call from Ashish regarding the attack on deceased Kiran Kapoor.

9. PW 4 Manish Bahel is the brother of deceased Kiran Kapoor who received a telephone call on 28.05.2009 made by Sakshi Kapoor and she told him that her mother had some difficulty and she requested him FIR No. 221/09 State vs. Sakshi Kapoor etc. 7/65 -: 8 :- to come to her house and he reached there and found the deceased Kiran Kapoor in a pool of blood.

10.PW 5 Mahesh Bhatia Dy. Branch Manager gave the details of accounts of Ms. Sakshi Kapoor .

11. PW 6 Insp. Jai Bhagwan visited the mortuary of Sanjay Gandhi Hospital and prepared the inquest papers for conducting the postmortem of Kiran Kapoor and after that, the dead body was handed over to the relatives.

12.PW 7 Dr. Manoj Dhingra, SGM Hospital conducted postmortem on the body of Kiran Kapoor.

13.PW 8 Dr. Virender Kumar examined Kiran Kapoor who prepared MLC.

14.PW 9 Pawan Singh Nodal Officer Idea Cellular supplied the relevant information to the police regarding call details of mobile bearing nos. 9911248136, 9990281410 and 9990606414.

15.PW 10 Satish Chandra Juneja Manager State Bank of Bikaner and Jaipur supplied detailed statement of account of Sunny Batra.

16.PW 11 Ashok Kapoor is the husband of deceased Kiran Kapoor who was told that his wife was attacked with iron press, bottle, knives and screw drivers by two dacoits.

17. PW 12 Dr. Mili Verma examined Sakshi Kapoor vide MLC Ex. PW 12/A. FIR No. 221/09 State vs. Sakshi Kapoor etc. 8/65 -: 9 :-

18.PW 13 Sh. Anuj Bhatia, Nodal Officer Vodafone supplied the details of mobile phones bearing nos. 9711135596 and 9711260196.

19.PW 14 Prem Singh made a call to PCR to take the motorcycle which was parked in the street.

20.PW 15 Chaten Sharma is friend of Sunny Batra, who parked his motorcycle on his request.

21. PW 16 HC Jai Singh was duty officer on 28/29.05.2009 at PS Paschim Vihar who registered FIR No. 221/09, u/s 460 IPC.

22.PW 17 Ct. Vinod obtained statement of account of Sakshi Kapoor from the Bank of Maharashtra.

23.PW 18 Ct. Balraj obtained the details of Bank account of Sunny Batra from Bank of Bikaner and Jaipur.

24.PW 19 HC Rishi Pal on 13.06.2009 on receipt of DD from PS Bhajan Pura brought a motorcycle bearing no. DL8S AL 1138 make Yamaha.

25.PW 20 HC Basti Ram alongwith Insp. Rajesh went to Sanjay Gandhi Hospital for medical examination of Sakshi Kapoor and Sunny Batra.

26.PW 21 Ct. Suresh alongwith Insp. Rajesh and other police officers went to the house of accused Sakshi and he was present when cloths, wire, screw driver etc. were recovered.

27. PW 22 Lady Constable Priyanka alongwith Insp. Rajesh and other FIR No. 221/09 State vs. Sakshi Kapoor etc. 9/65 -: 10 :- police officers went to the house of accused Sakshi and she was present when cloths, wire, screw driver etc. were recovered.

28.PW 23 Pankaj Kumar was working with Ashish Kapoor and he was present in the office when Ashish Kapoor received a call on his mobile phone regarding theft and injuries to his mother.

29.PW 24 SI Radhey Shyam joined the investigation on 02.06.2009 alongwith Insp. Rajesh Kumar and went to the house of Sunny Batra and he was present when Sunny produced certain articles kept in Almirah and disclosure statement and arrest were also made in the presence of this witness.

30.PW 25 W/Ct. Savita posted at PHQ received a call on 28.05.2009 regarding a theft and injury to a lady and he passed the information to CATS ambulance and women helpline.

31. PW 26 ASI Padmesh Tyagi went to SBI Nagar, Paschim Vihar alongwith Insp. Rajesh Kumar and he was present when IO seized pillows, bedsheets, knives etc.

32.PW 27 HC Dilbagh Singh joined the investigation on 02.06.2009 alongwith Insp. Rajesh and other police officers and they all went to the house of accused Sunny Batra and this witness was present when the cash, jewellery, mobile lead, TFT, watch and certain articles were seized belonging to Kiran Kapoor and Ashok Kapoor.

FIR No. 221/09 State vs. Sakshi Kapoor etc. 10/65 -: 11 :-

33.PW 28 Ct. Sahender Kumar alongwith ASI Hawa Singh on 28.05.2009 reached at SBI Nagar colony, Paschim Vihar where they saw a double bed with blood stains and 45 vegetable cutting knives.

34.PW 29 W/ Ct. Jyoti on 03.06.2009, took Sakshi for medical examination at Sanjay Gandhi Hospital. Disclosure statement of Sakshi was also recorded in the presence of this witness.

35.PW 30 ASI Hawa Singh on 28.05.2009, reached at SBI Nagar, Paschim Vihar and saw blood stains on pillow and bedsheets and 45 different knives were kept on the bed.

36.PW 31 SI Surender Sandhu on 28.05.2009 reached at Balaji Action Hospital and took photographs of the injuries sustained by the deceased from his mobile phone.

37. PW 32 HC Devender Kumar went to SBI Nagar, Paschim Vihar alongwith mobile crime team and took 17 photographs of the spot from different angles.

38.PW 33 Jawahar Lal is the registered owner of motorcycle bearing no.

DL8S AL 1138 make Yamaha who took this vehicle on superdari.

39.PW 34 Ct. Rohtas Kumar was posted at PS Paschim Vihar where Jawahar Lal went with the orders of Superdari.

40.PW 35 HC Yashbir was posted at PS Bhajanpura where the motorcycle bearing no. DL8S AL 1138 was deposited.

FIR No. 221/09 State vs. Sakshi Kapoor etc. 11/65 -: 12 :-

41. PW 36 Mahesh Kumar was draftsman who prepared scaled site plan.

42.PW 37 Ct. Surjeet Singh went to the house of accused Sunny Batra alongwith other police officers and certain articles were seized in his presence.

43.PW 38 Indresh Kumar Mishra, Sr. Scientific Officer, FSL Rohini examined the exhibits and gave its report Ex. PW 38/A.

44.PW 39 ASI Manoj Kumar inspected the scene of crime and he lifted chance prints.

45.PW 40 Mahesh Kumar used to iron the cloths at the corner of SBI Nagar.

46.PW 41 Dr. Manoj Dhingra, Incharge Forensic Medicine proved the MLC of Sakshi Kapoor which was prepared by Dr. Deepak Sharma Ex. PW 41/A.

47. PW 42 Insp. Rajesh Kumar is the IO of the case.

Findings: The case of the prosecution is that on 28.05.2009 both the above named accused in furtherance of their common intention committed murder of Smt. Kiran Kapoor and they both caused evidence of commission of murder to disappear with the intention of screening from legal punishment and they both gave false information to the police and to prove its case prosecution examined the following witnesses: FIR No. 221/09 State vs. Sakshi Kapoor etc. 12/65 -: 13 :-

48. PW 1 Rajinder Singh Chaudhary Assistant Ambulance Officer (CAT) deposed that on 28.05.2009, he received a call in the control room from the police at about 08.43pm regarding stabbing incident at SBI Colony, Paschim Vihar and he alongwith Kuldeep reached there and took the injured lady to Balaji Hospital, Paschim Vihar.

49. PW 2 Ashish Kapoor who is the brother of accused Sakshi Kapoor deposed that on 28.05.2009, he received a call from his sister Sakshi Kapoor at about 08.20 pm from a land line telephone and she informed him that two persons had entered in their house and they had caused injuries to her mother Smt. Kiran Kapoor and told him to come immediately. He stated that he made a call to his Mausi Punam and requested one of his colleagues to inform the police and on the way to his house, he was informed that his mother was taken to Balaji Hospital and he reached at Balaji Hospital, there he came to know that his mother had expired. He came back home and noticed that the articles in the house were lying scattered and the room in which his mother got injured, was locked. Police was present in his house. He stated that the postmortem on the dead body of his mother was got conducted and after postmortem, they received the dead body and the statement FIR No. 221/09 State vs. Sakshi Kapoor etc. 13/65 -: 14 :- regarding identification of dead body is Ex. PW 2/A. He deposed that on 02.06.2009, he came to know that Sunny and other accused present in the court had come to his house on the day of incident and before arrival of his mother in the house, he was present in the house and he had caused injuries to his mother on back portion of her head by an Iron Press and his sister was also present. He stated that he had also given a list of missing articles from his house to the police which is Ex.PW 2/B. He deposed that his sister was working in a private school and his sister was using a Mobile phone bearing no. 9873335596 which was in his name and was a postpaid connection. This witness was cross examined at length by Ld. Counsel for accused Sakshi Kapoor but not cross examined by Counsel for Sunny Batra and the relevant portion of crossexamination is as under: "On 02.06.2009 between 07.45 am to 10.00 am, I had come to know that Sunny Batra and Sakshi had committed murder of my mother. I came to know about this information in PS Paschim Vihar. Vol. Sunny had himself agreed regarding the murder of my mother in the PS. On persistent questioning by the police, Sakshi Kapoor also nodded in affirmative for the murder of my mother. My sister was interrogated in my presence and when Sunny came in front of me, he also confessed the murder of my mother in my presence. The accused Sunny had come to me in the PS between 07.45am to 10.00 am approximately. When both the accused persons were being interrogated, ACP, myself, my father and my uncle and some other FIR No. 221/09 State vs. Sakshi Kapoor etc. 14/65 -: 15 :- experts of police were present in the PS. I was using all the Credit Cards before the incident which I had seen today and some of them were rarely used. I was having about 25 to 30 Credit cards and the Credit Cards seven in numbers Ex. P10 were lying at my house on the day of incident and I was not carrying them with me. Even my Voter I Card and Pan Card was lying at home. As far as I remember, only seven credit cards were missing and the rest of were either with my wallet or lying at different place at home".

50.PW 3 Smt. Poonam Mahendru deposed that deceased Kiran Kapoor was her elder sister and on 28.05.2009, at about 08.3008.45 pm, she received a call from Ashish informing her that somebody had hit his mother at the house and she immediately reached at the house of her sister and found her sister in a pool of blood lying in the bedroom of the house in an unconscious state.

51. PW 4 Manish Bahl deposed that deceased Kiran Kapoor was his sister and on 28.05.2009, Sakshi gave him a telephone call at around 08.1508.20pm and requested him to come at her house as her mother had some difficulty and he immediately reached there and his other sister Poonam also reached there.

52.PW 5 Mahesh Bhatia Dy. Manager, Bank of Maharashtra stated that on the request of police, he had given the details of accounts of Ms. Sakshi Kapoor maintained in his branch and the details of three FIR No. 221/09 State vs. Sakshi Kapoor etc. 15/65 -: 16 :- accounts are exhibited as Ex.PW 5/A, PW 5/B and PW 5/C.

53.PW 6 Insp. Jai Bhagwan deposed that on 28.05.2009, he visited House No. 134, Ground Floor, SBI Nagar, Paschim Vihar. On 29.05.2009, he had visited the mortuary of SGM Hospital and prepared the inquest papers for conducting the postmortem of deceased Kiran Kapoor and request letter in this regard is Ex.PW 6/A and form 25,35B is Ex.PW6/B. He handed over the dead body to the relatives of the deceased vide receipt Ex.PW 6/C. The doctor had given a sealed pullanda alongwith sample seal and one envelop containing blood gauze which was seized vide memo Ex.PW 6/D.

54.PW 7 Dr. Manoj Dhingra MOIC, SGM Hospital Mangol Puri Delhi alongwith Dr. J. V. Kiran conducted the postmortem on the dead body of Kiran Kapoor on 29.05.2009 and the postmortem report is Ex.PW 7/A. Subsequent opinion given by him is Ex.PW 7/B and the sketches are Ex. PW 7/B1, PW 7/B2 and PW 7/B3.

55. PW 8 Dr. Virender Kumar CMO Balaji Action Hospital deposed that on 28.05.2009, he was working in the casualty and at around 09.15pm, one Kiran Kapoor was brought to their hospital and he had examined her vide MLC Ex.PW 9/A. The patient was brought dead and he observed sharp injury on his neck, stomach and other parts of the body.

FIR No. 221/09 State vs. Sakshi Kapoor etc. 16/65 -: 17 :-

56.PW 9 Pawan Singh Nodal Officer Idea Cellular Ltd. deposed that on the request of police, he had supplied the relevant information regarding call details of mobile no. 9911248136 and 9990281410 for the period from 28.05.2009 to 02.06.2009 and the details were supplied vide his letter Ex.PW 9/A and the call details are Ex.PW 9/B. He stated that as per the details, the mobile no. 9990281410 was running on the mobile bearing IMEI No. 353542021182400 and the customer application form is Ex. PW 9/C and the copy of Id proof is Ex.PW 9/D. The details of the Cell ID are collectively exhibited as Ex.PW 9/E. He stated that he had also supplied the details of mobile no. 9990606414 from 25.05.2009 to 02.06.2009 and the certified application form is Ex.PW 9/F and the details Ex. PW 9/G. As per the details, the mobile phone no. 9990606414 was being used on the mobile phone IMEI No. 355361000812030. He stated that as per the details of telephone no. 9990281410 dated 28.05.2009, the cell phone from 04.00 pm approximately to 05.00 pm, mentioned in Ex.PW 9/B at portion XX regarding which the cell ID bearing no. 27772 and 27771 are of the area of cell tower stationed at State Bank Nagar, Paschim Vihar as shown in the details of Cell Id Ex.PW 9/E at portion Y. The Number 2777 is of antenna of the place, mentioned in the cell Id chart consist all the sectors comprising of 27771 and 27772 in the one antenna.

FIR No. 221/09 State vs. Sakshi Kapoor etc. 17/65 -: 18 :-

57. PW 10 Satish Chander Juneja deposed that police officials requested for furnishing the details of Bank Account No. 61063594803 which was in the name of Sunny Batra and accordingly the detailed statements of account were supplied to the police vide Ex.PW 10/A and Ex.PW 10/B respectively.

58. PW 11 Ashok Kapoor deposed that on 28.05.2009, he came home at about 09.00 pm and came to know from several persons present in his house including police persons that two dacoits had entered into his house and his wife Kiran Kapoor was attacked by iron press, bottles, knife and screw drivers. He stated that she was removed to Balaji Hospital for treatment but was declared dead and at the time of incident, his daughter Sakshi was present in the house. He stated that after the postmortem, dead body was handed over to him and he also identified the dead body vide his statement Ex.PW 11/A. He stated that the articles which were looted from his house were two bangles, three gold chains, one purse of brown color, one LCD Computer screen and cash of Rs. 16,600/. He stated that he had given a list of stolen articles to the police which is Ex.PW 11/C, list supplied by his son is Ex.PW 2/A and list supplied by his daughter is Ex.PW 11/D. He deposed that on 02.06.2009, he was called by the police at PS Paschim Vihar and he was taken to Shalimar Bagh at H. No. BS36C, where one boy Sunny FIR No. 221/09 State vs. Sakshi Kapoor etc. 18/65 -: 19 :- Batra was found and police made inquiries from him and Sunny Batra took out some articles from his house which were belonging to him which was a computer LCD screen, two gold bangles, three/four rings, one small box containing ladies ring, some envelops of shagun. He stated that one brown color purse, some artificial jewellery, Rs. 16,600/ cash, one mobile phone of Motorola make, one computer hard disk were also recovered from Sunny Batra and police had seized all the articles vide seizure memo Ex.PW 11/E. He stated that then they came back to PS Paschim Vihar alongwith Sunny Batra where his daughter Sakshi Kapoor was also brought and both Sunny Batra and his daughter Sakshi Kapoor confessed that they had committed murder of his wife and both of them were arrested by the police and the arrest memo of his daughter is Ex. PW 11/F and witness has correctly identified both the accused present in the court.

He further deposed in the examinationinchief that he had visited his daughter in jail where his daughter told him that she had encashed some FDs of her's and had given the amount of approximately 1.5 Lacs to Sunny Batra and those FDs were of Bank of Maharashtra, Sunder Vihar Branch. He stated that he had come to know from his daughter that on the day of incident, when his wife returned home after attending the Kirtan, she found Sunny Batra at his house with his daughter Sakshi FIR No. 221/09 State vs. Sakshi Kapoor etc. 19/65 -: 20 :- and on account of some objections, both of them had killed her. He stated that he had informed the police regarding this amount and inquiries were made from Bank of Maharashtra Sunder Vihar Branch and came to know that FDs were encashed and amount was paid in three different instances i.e. Rs. 59,000/, Rs. 56,000/ and Rs. 30,000/ and two payments were made in April 2009 and one in May 2009. This witness also produced LCD Screen Ex.P1, one hard disk with wire Ex. P2, currency notes of Rs. 16,600/ Ex.P3, one empty brown color purse Ex.P4, one small box containing ladies ring Ex. P6, two chargers of Motorola make Ex.P6, one Mobile phone Ex.P7, 4 Shagun Envelops bearing the names Smt. And Sh. Ashok Kapoor Ex.P8, one small card box containing currency notes of 5,2 and 1 rupee with one Titan Watch Ex.P9, some artificial bangles with one mangalsutra and one wrist watch of golden chain Ex.P10 and one cream bottle Ex.P11. Witness also produced two gold bangles with one Mata Locket and chain and one star type chain gold, two tops gold and one gold ring which are collectively exhibited as Ex.P12 and one ear top Ex.P13. The witness had also produced the articles which his wife was wearing at the time of death and those articles are 4 gold bangles Ex.P14, three rings Ex.P15, one top Ex.P16, two bichua silver Ex. P17, one steel Kada Ex. P18 and one wrist watch Ex.P19. This witness was cross examined by the FIR No. 221/09 State vs. Sakshi Kapoor etc. 20/65 -: 21 :- counsel for accused Sakshi Kapoor and in the crossexamination, he deposed that police got the confession of the accused persons in his presence and whatever he had stated in the court is what he had seen, experienced and being told regarding the case. Accused Sunny Batra did not cross examine this witness.

59.PW 12 Dr. Mili Verma Sr. Gynae Sanjay Gandhi Memorial Hospital deposed that on 03.06.2009, one Sakshi Kapoor 26 years female was examined vide MLC number E40388 in the casualty and she was referred to her for her gynecological examination and after examination, she made observations on the MLC Ex.PW 12/A and the patient had described to her with the history of taking multiple emergency contraceptive pills and her hymen was torned.

60.PW 13 Sh. Anuj Bhatia Nodal Officer Vodafone deposed that the cell phone no. 9711135596 in the name of Ashish Kapoor and Mobile No. 9711380196 in the name of Vinod Kumar were supplied to the police and the call details of these mobile numbers are Ex.PW 13/B and PW 13/C respectively and record Ex.PW 13/A. This witness has also proved the cell ID chart of his company Ex.PW 13/D. The cell ID of phone number 9711260196 of 28.05.2009 at 17:13 hours is of cell tower 1249, West Delhi, Meera Bagh as reflected in details Ex.PW 13/E and the cell FIR No. 221/09 State vs. Sakshi Kapoor etc. 21/65 -: 22 :- ID of phone number 9711260196 of 28.05.2009 at 20:10 hours is of Cell tower 2824, West Delhi, Meera Bagh, Block A as reflected in details Ex.PW 13/F and the cell ID of phone no. 9711260196 of 28.05.2009 at 20:22 hours is of cell tower 3153, West Delhi, Paschim Vihar as reflected in details Ex.PW 13/G.

61. PW 14 Prem Singh deposed that he is dealing in Motor Parts Sale/Purchase and his elder son Sachin Kumar is employed in Mother Son company, Grater Noida. He stated that on 01.06.2009 at about 10.00 pm, Chetan Sharma friend of his son came at his house with a motorcycle and requested to keep the motorcycle for one day in their house as motorcycle was of his friend and he told him to park the motorcycle in the street. He stated that he and his son requested Chetan to take the motorcycle but he did not return and then he called the PCR and PCR took away the motorcycle.

62.PW 15 Chetan Sharma deposed that he came in contact with one Sunny Batra of Shalimar Bagh and they became friends and he came to know that Sunny Batra was having a friend namely Sakshi Kapoor who helps him and take care of him. He stated that on 01.06.2009, he received a call from Sunny Batra at his office and he told him that he will come at his residence at Bhajan Pura. Sunny Batra reached his home at around 09.30pm and he met him at CBlock near temple.

FIR No. 221/09 State vs. Sakshi Kapoor etc. 22/65 -: 23 :- Witness stated that Sunny Batra came on a motorcycle which was of Yamaha make and last number of the motorcycle was 1138. The motorcycle was not starting and there was no mechanic found and Sunny Batra requested him for keeping the motorcycle, therefore I requested my friend Sonu who lives in Bhajan Pura C Block, Gali no. 25 and the motorcycle was parked in the street outside the house of Sonu. He stated that Sunny Batra did not come to take his motorcycle for 78 days and on the complaint of Ram Lal, father of Sonu, I contacted Sunny Batra on telephone but he did not pick up the phone. He deposed that in the evening of 02.06.2009, he came to know from his friend that Sunny was involved in some case and that case was being displayed on TV and from TV, I came to know that Sunny and his friend Sakshi had committed murder of her mother.

63.PW 16 HC Jai Singh deposed that on 28/29.05.2009 in the night, he was working as Duty Officer at PS Paschim Vihar and ASI Hawa Singh brought a rukka sent by Insp. Rajesh on the basis of which he registered FIR No. 221/09 Ex.PW 16/A and his endorsement on rukka is Ex.PW 16/B and copy of DD entry is Ex.PW 16/C.

64.PW 17 Ct. Vinod stated that on 02.06.2009, on the instructions of Insp.

Rajesh Kumar, he had gone to Bank of Maharashtra Paschim Vihar and obtained statement of account of account no. 200094040371 of Sakshi FIR No. 221/09 State vs. Sakshi Kapoor etc. 23/65 -: 24 :- Kapoor which I gave it to IO and the IO seized the same vide Ex.PW 17/A. He further stated that on 26.08.2009, he again alongwith Insp. Rajesh had gone to Bank of Maharashtra and met the Branch Manager and collected details of three FDs of Ms. Sakshi Kapoor which were seized by the IO vide Ex.PW 5/D.

65.PW 18 Ct. Balraj stated that on 15.06.2009, on the instructions of Insp. Rajesh Kumar, he had gone to Bank of Bikaner and Jaipur, Lawrence Road and obtained the details of Bank Account NO. 61063594803 of Sunny Batra and he gave it to IO who seized the same vide Memo Ex.PW 18/A.

66.PW 19 HC Rishipal deposed that on 13.06.2009, on receipt of DD No. 41B at PS Bhajan Pura, SI Hari Singh had gone to the spot and brought a motorcycle bearing no. DL8SAL 1138 Yamaha make which was found at CBlcok, Gali No. 25 at Bhajan Pura which was deposited in the maalkhana vide entry 2371. He stated that on 15.06.2009, the said motorcycle was given to the police of PS Paschim Vihar vide RC No 42/21 as it was involved in case FIR No. 221/09, U/s 460/302/34 IPC and the copy of entry is Ex.PW 19/A.

67. PW 20 HC Basti Ram deposed that on 03.06.2009, he alongwith Insp.

Rajesh went to SGM Hospital and they had taken with them, Sunny Batra and Sakshi Kapoor in the custody of lady constable Jyoti and FIR No. 221/09 State vs. Sakshi Kapoor etc. 24/65 -: 25 :- both were medically examined. Doctor had prepared a sealed sample of blood which IO seized vide seizure memo Ex.PW 20/A.

68.PW 21 Ct. Suresh deposed that on 05.06.2009, he alongwith Insp.

Rajesh, Lady Constable Priyanka alongwith accused Sakshi had gone to her house in State Bank Colony. In the house, there was a small garden where a mango tree was planted and from there, she took out a polythene containing cloths i.e. one jeans, one kurti, one wire, one screw driver which were stained with blood. Sketch of screw driver Ex.PW 21/A was prepared and articles were seized vide memo Ex.PW 21/B. He stated that Sakshi Kapoor came inside her house and from a drawer of the dining table she took out one mobile phone make of Nokia, model 1200 with two sim cards which were seized by the IO vide memo Ex.PW 21/C.

69.PW 22 Lady Constable Priyanka deposed that on 05.06.2009, he alongwith Insp. Rajesh, Ct. Suresh alongwith accused Sakshi had gone to her house in State Bank Colony and from the house, from the garden where a mango tree was planted, Sakshi Kapoor took out a polythene and that polythene was containing one jeans, one kurti, one wire, one screw driver which were stained with blood and all the articles were seized in her presence. She stated that Sakshi came inside her house and from the drawer of the dinning table she took out one mobile phone FIR No. 221/09 State vs. Sakshi Kapoor etc. 25/65 -: 26 :- make Nokia and two sim cards which were also seized.

70.PW 23 Pankaj Kumar stated that on 28.05.2009, he was working in American Express Services India Limited and one Mr. Ashish Kapoor was also working in his office. On 28.05.2009 at about 080008.15pm, Ashish Kapoor received a phone call on his mobile phone and soon afterwards, he alongwith Ashish Kapoor left the office. Ashish told him that he had received information that some thieves had entered into his house and committed theft and also caused injuries to his mother and he told him to call the police and accordingly he called at 100 number from his mobile phone bearing no. 9958860088.

71. PW 24 SI Radhey Shyam deposed that on 02.06.2009, he had joined the investigation of the present case alongwith Insp. Rajesh Kumar and he alongwith the police team comprising of HC Dilbagh, Ct. Surjeet and Ashok Kapoor had gone to Shalimar Bagh and IO met Sunny Batra in the house and interrogated him. He stated that the accused Sunny Batra after sustained interrogation disclosed that he alongwith Sakshi had committed murder of her mother and he also disclosed that some articles were given to him by Sakshi and he produced those articles which were kept in the almirah on the 2nd Floor of the house in a polythene. Polythene was opened and found containing purse, GTM Coins, mobile lead, some other coins, Moti Mala, and some shagun FIR No. 221/09 State vs. Sakshi Kapoor etc. 26/65 -: 27 :- envelops and other articles and he identified the articles recovered at the instance of Sunny Batra. 10 different pullandas were made from the recovered case property and Ashok Kapoor who was present there had identified all the recovered articles and claimed that it belonged to him and he alongwith Ashok Kapoor and HC Dilbagh had signed those memos. He stated that after that they came back to the police station alongwith accused Sunny Batra and accused Sakshi was also called at the police station and after seeing Sunny Batra, she broke down and she disclosed that to create a scene of robbery, she had handed over the said articles to Sunny Batra. Both the accused were arrested and personally searched and memos were signed by this witness. This witness also signed the disclosure statements made by both the accused and the disclosure statement of Sunny Batra is Ex.PW 24/A and disclosure statement of Sakshi Kapoor is Ex.PW 24/B. He further deposed that on 04.06.2009, he joined the investigation of the present case alongwith the IO, HC Dilbagh and Ct. Surjeet Singh and they had again visited the house at Shalimar Bagh and accused Sunny Batra had taken them to the terrace of the said house and got recovered socks, shoes, Tshirt etc. which he was wearing on the day of incident. Accused then brought them to the 2nd Floor of the house and got recovered Credit Cards, Pan Card, Letter from Idea Mobile FIR No. 221/09 State vs. Sakshi Kapoor etc. 27/65 -: 28 :- company for a new connection and all the articles were seized. The seizure memo of Cards is Ex.PW 24/C, the seizure memo of articles recovered from the terrace on 04.06.2009 is Ex.PW 24/D, the seizure memo of Idea letter is Ex.PW 24/E, arrest memos Ex.PW 11/F and Ex.PW 24/F, personal search memos of both the accused Ex.PW 24/G and PW 24/H and Idea mobile letter is Ex.P 21. He stated that the case property was seized vide seizure memos Ex.PW 24/C and PW 24/D and shoes and socks which were got recovered by accused Sunny Batra on 04.06.2009 from the terrace are Ex.P24 and Ex. P25. TShirt of pink color is Ex.P 26 and underwear is Ex.P 27 which was seized vide seizure memo Ex.PW 24/D. During the examinationinchief of PW 24, case property was produced by Sh. Ashok Kapoor which was identified by this witness. The case property produced by the superdar Ashok Kapoor is LCD screen, hard disk with wire, currency notes, brown purse, two chargers of Motorola make, shagun envelops, gold articles etc. This witness was cross examined by Ld. Counsel for accused Sakshi Kapoor and Ld. Counsel for accused Sunny Batra but nothing fruitful came out for accused persons.

72.PW 25 W/Ct. Savita deposed that on 28.05.2009, he was posted at control room PHQ and a call was received from telephone no. 9958860088 at about 20:39 hours for theft in a house and a lady had FIR No. 221/09 State vs. Sakshi Kapoor etc. 28/65 -: 29 :- been injured. She passed the information to PS Paschim Vihar, CAT ambulance and women helpline and she made the entries in the PCR form Ex.PW 25/A.

73.PW 26 ASI Padmesh Tyagi stated that on 28.05.2009, he went with Insp. Rajesh Kumar after receiving DD No. 34A to H. NO. 134, Ground Floor, SBI Nagar, Paschim Vihar. He went inside the bedroom and a bed sheet was lying on a double bed and broken beer bottle of Haywards 5000, iron press, one broken spectacle, 5 different types of knives used for cutting and peeling were lying there. He stated that IO had seized two pillows, 3 bedsheets and the blood and IO prepared 8 different pullandas and all of them were sealed with the seal of RK. He stated that the knives were seized vide seizure memo Ex. PW 26/A, pillow and bed sheet vide seizure memo Ex.PW 26/B, the broken spectacle Ex.PW 26/C, the blood stained piece of metress vide memo Ex.PW 26/D, the blood stains from the walls vide memos Ex.PW 26/E, sandasee vide memo Ex.PW 26/F, broken iron press Ex.PW26/G and the broken beer bottle was seized vide memo Ex.PW 26/H. During the examinationinchief of this witness, knives were produced in the court and the broken knife is exhibited as Ex.P 28, two knives Ex. P 29 and P 30, vegetable skin peeling knife Ex.P 31 and another knife Ex.P 32. Three bedsheets were also produced and exhibited as Ex.P33, P 34 and FIR No. 221/09 State vs. Sakshi Kapoor etc. 29/65 -: 30 :- P 35. Two pillows with brown stains were also produced and exhibited as Ex.P 36 and Ex.P 37. One brown spectacle Ex.P 38, 10 pieces of cloths having brown stains Ex.P 39, wall blood scraping Ex. P 40, one sandasee (plier Ex. P 41), one iron press Ex.P 42 and one broken bottle Ex.P 43 were produced in the court.

74.PW 27 HC Dilbagh Singh deposed that on 02.06.2009, he joined the investigation alongwith Insp. Rajesh, SI Radhey Shyam, Ct. Surjeet and Ashok Kapoor and they all left for Shalimar Bagh in a private vehicle. He stated that on the instructions of the IO, the police party was directed to watch H. NO. BS36C, Shalimar Bagh and the house was of Sunny Batra. At about 08.00am, they came to know that accused Sunny Batra was inside the house and the police party entered into the house and he was apprehended. He stated that initially accused Sunny Batra did not say anything but on sustained interrogation, he was broken down and confessed for the murder of Kiran Kapoor with the assistance of Sakshi Kapoor. He also gave the look of the incident as if robbery had been committed and he also took out the looted articles from his house comprising of some cash, jewellery, mobile lead, TFT, watch and some other articles belonging to Kiran Kapoor. He stated that Ashok Kapoor was with them and he had identified all the articles belonging to him. They all left for the PS and Sakshi Kapoor was called at PS FIR No. 221/09 State vs. Sakshi Kapoor etc. 30/65 -: 31 :- Paschim Vihar and on seeing accused Sunny Batra, she broke down and confessed her guilt that she alongwith Sunny Batra had conspired and murdered her mother and she also confessed that she made up the story as if the house was looted, both the accused were arrested and personally searched and he signed all the memos.

He further deposed in the examinationinchief that on 04.06.209, he again joined the investigation alongwith Insp. Rajesh Kumar, SI Radhey Shyam, Ct. Surjeet and they all reached at the house of accused Sunny Batra and accused Sunny Batra took out a purse from the Almirah on the 2nd Floor of the house. The DL, Pan Card, I Card and some bank cards belonging to the family of the deceased, were also recovered which were kept in the purse. Accused Sunny Batra then took them to the terrace of the house and took out a yellow polythene which was containing blood stained pair of black shoes, one pair of socks, one underwear and one Tshirt and accused Sunny Batra disclosed that all these wearing apparel belongs to him which he was wearing at the time of commission of offence and all the articles were seized. Accused then took them to Prem Bari Pul in Shalimar Bagh and he stated that he had thrown some articles thereafter, the commission of offence but nothing was found there. He stated that he signed the disclosure statement of Sunny Batra Ex.PW 24/A, seizure memo Ex.PW 11/E, seizure memo of FIR No. 221/09 State vs. Sakshi Kapoor etc. 31/65 -: 32 :- 10 cards, seizure memo of wearing cloths of accused, seizure memo of Idea letter Ex.PW 24/E, arrest memo of Sunny Batra Ex. PW24/F, personal search Ex. PW 24/G and personal search of Sakshi Kapoor Ex. PW 24/H. All other articles were also produced which were seized in presence of this witness.

75. PW 28 Ct. Sahender Kumar deposed that on 28.05.2009, he was posted at PS Paschim Vihar and he was on emergency duty from 08.00pm to 08.00 am. At about 08.00 pm, a call vide DD No. 34A was received and he alongwith ASI Hawa Singh reached at the spot i.e. H. No. 134, Ground Floor, SBI Nagar Colony, Paschim Vihar and he saw that on a double bed, there was blood stains and about 45 vegetable cutting knives were lying on the bed sheet on the double bed. One broken beer bottle and one iron press was also lying there. He stated that ASI Hawa Singh called Insp. Jai Bhagwan and before they reached the spot, the injured lady Kiran Kapoor had already been taken by ambulance to Action Balaji Hospital. ASI Hawa Singh was left at the spot and he alongwith Insp. Jai Bhagwan went to Action Balaji Hospital and there they came to know that Kiran Kapoor had already been declared dead. He stated that on 29.05.2009, the dead body of Kiran Kapoor was taken to SGM Hospital Mortuary for postmortem and after the postmortem the dead body was handed over to the relatives and the FIR No. 221/09 State vs. Sakshi Kapoor etc. 32/65 -: 33 :- doctor in the hospital had given sealed cloths and a sealed envelop with the sample seal and the same were deposited with the MHC (M).

76.PW 29 W/Ct. Jyoti stated that on 02.06.2009, she was posted at PS Paschim Vihar and IO Insp. Rajesh Kumar had called Sakshi Kapoor in the PS. She stated that initially Sakshi Kapoor did not disclose anything but on seeing Sunny Batra in custody and recovery of articles, she was broken down and confessed her guilt. She disclosed that she had killed her mother with the assistance of Sunny Batra and on the next date i.e. 03.06.2009, she had taken accused Sakshi for her medical examination to SGM Hospital and her blood sample was taken which was handed over to her which was seized by the IO. She stated that she signed the disclosure statement of Sakshi Kapoor Ex.PW 24/B, blood sample Ex. PW 20/A, arrest memo Ex. PW 11/F and personal search memo Ex. PW 24/H.

77. PW 30 ASI Hawa Singh deposed in his examinationinchief that on 28.05.2009, he was posted at PS Paschim Vihar and was on emergency duty from 08.00 pm to 08.00 am and he received DD No. 34A and after that, he alongwith Ct. Sahender had gone to H. No. 134, Ground Floor, SBI Nagar, Paschim Vihar. Inside the house, he saw that there was one pillow and bed sheet with blood stains and 45 different knives were kept on the bed. One press and one broken beer bottle was also lying FIR No. 221/09 State vs. Sakshi Kapoor etc. 33/65 -: 34 :- there. He stated that IO Insp. Rajesh Kumar alongwith ASI Padmesh Tyagi also reached at the spot and they left him at the spot and proceeded to Action Balaji Hospital. He stated that after returning back from the hospital, the IO recorded the statement of Sakshi Kapoor, prepared a rukka and same was handed over to him for getting a case registered. He left for PS Paschim Vihar and returned back to the spot alongwith the computerized copy of FIR and the rukka, and the same was handed over to Insp. Rajesh Kumar. IO then send him to Action Balaji Hospital where the doctor handed over to him a sealed pullanda and sample seal of action Balaji Hospital and he handed over the same to the IO which was seized by him vide Ex.Pw 30/A.

78.PW 31 SI Surender Sandhu deposed that on 28.05.2009, he was posted as Incharge, Police Post, Mianwali Nagar, Paschim Vihar and at about 09.00pm, he received a wireless message from SHO, Paschim Vihar asking him to reach Balaji Action Hospital immediately and accordingly, he reached at Balaji Action Hospital where he found ASI Hawa Singh who told him that one lady Kiran Kapoor had been murdered. He stated that he had taken photographs of the injuries sustained by the deceased from his mobile phone and the photographs were developed later on and the same were handed over to the IO and those photographs were collectively exhibited as Ex.PW 31/A (112).

FIR No. 221/09 State vs. Sakshi Kapoor etc. 34/65 -: 35 :-

79.PW 32 HC Devender Kumar stated that on 28.05.2009, he was posted in Mobile Crime Team, West District and he alongwith ASI Azad Singh, ASI Manoj and driver ASI Kiran Pal had gone to H. No. 134, SBI Nagar, Paschim Vihar and at the spot, there was lot of blood on the bed, one broken beer bottle of Hayward 5000 make was lying there and different knives were also lying on the bed. He had taken 17 photographs from different angles and collectively exhibited as Ex.PW32/A (117). He had also brought the negatives in the court and same were collectively exhibited as Ex.PW 32/B (117).

80.PW 33 Jawahar Lal appeared in the witness box and deposed that he is the registered owner of motorcycle no. DL 8S AL 1138 make Yamaha Black Color and he had taken the motorcycle on superdari by executing superdarinama Ex.PW 33/A. The motorcycle was exhibited as Ex. P 28.

81. PW 34 Ct. Rohtas deposed that on 03.07.2009, Sh. Jawahar Lal Batra had come to PS with the order of Superdari and the IO seized the relevant papers vide memo Ex. PW 34/A.

82.PW 35 HC Yashbeer stated that on 13.06.2009, he was posted as MHC(M) at PS Bhajan Pura and SI Hari Singh vide DD No. 41B u/s 66 DP Act had deposited one motorcycle bearing no. DL 8S AL 1138 with FIR No. 221/09 State vs. Sakshi Kapoor etc. 35/65 -: 36 :- him and the same was entered by him vide entry Ex.PW 35/A.

83.PW 36 SI Mahesh Kumar deposed that on 04.07.2009, he was posted as draftsman in Crime Branch and on the request of Insp. Rajesh Kumar, he visited the place of occurrence i.e. H. No. 134, State Bank Nagar, Paschim Vihar and at the instance of Insp. Rajesh Kumar, he took rough notes and measurements of the spot and prepared the site plan Ex.PW 36/A.

84.PW 37 Ct. Surjeet Singh deposed that on 02.06.2009, he alongwith Insp. Rajesh Kumar, SI Radhey Shyam, HC Dilbagh and Ashok Kapoor went to Shalimar Bagh and Insp. Rajesh Kumar directed us to keep a watch at the house of accused Sunny Batra. He stated that at about 08.00 am, they all went inside the house of Sunny Batra and he was found present in the house and initially accused Sunny Batra did not disclose anything but during sustained interrogation, he disclosed his involvement and of Sakshi Kapoor in the incident. Thereafter, accused Sunny Batra took out one bag from the almirah and the bag was checked and it was found containing an amount of Rs. 16,600/, one gold ring, one gold chain, one locket, one chain of black and red metal, one mobile lead, coins of GTM, some visiting cards, two gold bangles and one ladies watch. Ashok Kapoor identified all these articles as his articles and all these articles were sealed. He stated that thereafter, they FIR No. 221/09 State vs. Sakshi Kapoor etc. 36/65 -: 37 :- came back to the police station and accused Sakshi Kapoor was called from her residence and after seeing accused Sunny Batra and the articles seized by the police party, she admitted her involvement in the present case and both the accused persons were arrested. He further stated that on 04.06.2009, he alongwith Insp. Rajesh Kumar, SI Radhey Shyam and HC Dilbagh Singh alongwith accused Sunny Batra went to the house of accused Sunny Batra and he took out one raxine purse and the purse was checked and it was found containing DL of Kiran Kapoor, Election I Card of the brother of Sakshi Kapoor, 45 ATM/Credit Cards of different banks and thereafter, accused Sunny Batra took them at the roof near water tank and he produced one polythene. Polythene was found containing one pair of shoes and one pair of socks, one Tshirt and one underwear. All these articles were blood stained and IO seized all these articles by putting in parcels. Accused Sunny Batra stated that these are his belongings which he was wearing at the time of commission of offence and he further stated that he had thrown the Pant and the Shirt in a Nehar at Prem Bari Bridge. He deposed that they all went to Prem Bari Bridge and searched for the pant and shirt but failed to trace. During the course of examinationin chief, Credit Cards, Pan Card, Election I Card, pair of shoes, pair of socks, Tshirt and underwear etc. were shown to the witness and the FIR No. 221/09 State vs. Sakshi Kapoor etc. 37/65 -: 38 :- witness had correctly identified all the articles which were got recovered at the instance of accused Sunny Batra in his presence.

85.PW 38 Sh. Indresh Kumar Mishra deposed that on 15.07.2009, 17 sealed parcels were sealed by his office and he opened the parcels and examined them biologically and serologically and gave detailed report Ex.PW 38/A.

86.PW 39 ASI Manoj Kumar stated that on 28.05.2009, he was posted at West District, Mobile Crime Team as finger print Expert and on receiving the information from West District Control Room, he alongwith ASI Azad Singh, HC Devender went at H. No. 134, SBI Nagar, Paschim Vihar where ASI Hawa Singh met him. ASI Hawa Singh briefed him about the scene of crime and he inspected the scene of crime thoroughly and succeeded to develop 7 chance prints from different articles which were photographed and lifted and he made his report Ex.PW 39/A.

87. PW 40 Sh. Mahesh Kumar deposed that he used to do cloth ironing at the corner of SBI Nagar Park and he came to know through TV News that one lady has been murdered in SBI Nagar who used to reside at a distance of 34 houses from the place where he used to do cloth ironing.

FIR No. 221/09 State vs. Sakshi Kapoor etc. 38/65 -: 39 :-

88.PW 41 Dr. Manoj Dhingra Incharge Forensic Medicine, SGM Hospital proved the MLCs Ex. PW 41/A and PW 41/B.

89.PW 42 Insp. Rajesh Kumar deposed that on 28.05.2009, he was posted at PS Paschim Vihar and at about 08.45 pm, copy of DD NO. 34 A was marked to ASI Hawa Singh but lateron, he was directed to attend the said call. He alongwith ASI Padmesh Tyagi went at SBI Nagar and he noticed the blood on the bed sheets, 5 knives used for the purpose of cutting/peeling vegetables, one broken iron press of Philips company, one broken bottle of beer of Hayward 5000, one Sandashi and one broken spectacle were lying on the bed sheet. He stated that came to know that injured had been taken to Action Balaji Hospital and he directed ASI Padmesh Tyagi and ASI Hawa Singh to remain at the spot and he alongwith Ct. Sahender went to Action Balaji Hospital, Paschim Vihar. In the emergency of said hospital, deceased Kiran Kapoor was admitted and she was declared brought dead by the concerned doctor on MLC No. 1732/09 and he directed SI Surender Sandhu for taking photographs of the dead body.

He further stated that Sakshi Kapoor (daughter of deceased Kiran Kapoor) who was present at the spot was inquired into and he recorded her statement Ex.PW 11/B. Sakshi Kapoor had also shown him two other rooms and he found articles lying scattered in those rooms. By FIR No. 221/09 State vs. Sakshi Kapoor etc. 39/65 -: 40 :- that time, Crime Team Officials had also reached at the spot and they completed their proceedings. He stated that on the basis of contents of MLC, statement of Kumari Sakshi and from the facts and circumstances of the case, he made endorsement on the statement of Kumari Sakshi vide Ex.PW 42/A and gave original tehrir to ASI Hawa Singh for getting the case registered. He inspected the place of occurrence and prepared site plan Ex.PW 42/B and after inspection by Crime Team officials, report was given to him. He stated that he lifted 5 knives and seized vide memo Ex.PW 26/A. He had also taken into his possession three blood stained bed sheets and two blood stained pillows which were duly sealed. He had also seized the broken spectacle, 10 pieces from the double bed metresses, blood sample from the wall, blood stained Sandashi, broken blood stained iron press and broken beer bottle of Hayward 5000.

He further deposed that by that time, ASI Hawa Singh also reached at the spot and gave him copy of FIR and original tehrir. Manish Behl (brother of deceased Kiran Kapoor) also came at the spot and his statement was also recorded. The entire case property including the parcel and sample seal received from Action Balaji Hospital was deposited in the maalkhana and lists of missing articles by Ashok Kapoor, Ashish Kapoor and Sakshi Kapoor were given to him vide FIR No. 221/09 State vs. Sakshi Kapoor etc. 40/65 -: 41 :- Ex.PW 11/C, Ex.PW 2/B and Ex.PW 11/E. He further deposed that he came to know from the inquiries conducted by him that there were many boyfriends of Kumari Sakshi Kapoor and she used to meet them and one boy namely Sunny Batra used to come to meet Sakshi at her residence. It was also revealed from the inquiries that Sakshi Kapoor used to call Sunny Batra at her residence when she used to remain alone at her residence. He also noticed that on both the hands of Kumari Sakshi, there were injury marks of some sharp object. Call details of mobile phone of Kumari Sakshi bearing no. 9711135596 were collected from 28.05.2009 to 01.06.2009 and also searched for the IMEI number of the said mobile phone. It was revealed that another sim was also activated from the same mobile bearing no. 9990281410 and from these two mobile numbers, calls were made to another two mobile numbers i.e. 9711260196 and 9990606414.

He further stated that on 01.06.2009, Sakshi Kapoor was got medically examined at SGM Hospital, Mangol Puri to ascertain the nature and age of Sharp object injuries on her both the hands and it was opined by the concerned doctors that all injuries were simple in nature, caused by some sharp weapon and were 23 days old. Sakshi Kapoor was interrogated upon to seek her explanation regarding the same but she did not give any plausible explanation. He deposed that she was not FIR No. 221/09 State vs. Sakshi Kapoor etc. 41/65 -: 42 :- telling as to how she received those injuries on her hand and she gave a contradictory version in her statement that at the time when two boys entered inside her room, she had hidden herself inside the kitchen and there was no occasion as to how she received those injuries. He also collected the ownership and call details of two aforesaid mobile numbers with whom Kumari Sakshi was in continuous touch and it was revealed that Idea No. 9990606414 was in the name of Sunny Batra and it was activated on 29.05.2009 i.e. one day after the occurrence. Mobile no. 9711260196 and 9990606414 were running from one IMEI Number and from the same instrument. Witness further stated that after having received this information, Kumari sakshi Kapoor was interrogated and during sustained interrogation she revealed that both these numbers belong to her boyfriend Sunny Batra and vodafone of Sakshi Kapoor bearing no. 9711135596 and Vodafone of Sunny Batra bearing no. 9711260196 were having their ID location in the area of Meera Bagh on 28.05.2009 on the day and time of occurrence.

He further deposed that on 02.06.2009, he alongwith other police officials went to the house of accused Sunny Batra and when they were sure that the accused Sunny Batra is present inside the house, they entered into the house at around 08.00 am and he was interrogated. During sustained interrogation, he acceded to his involvement in the FIR No. 221/09 State vs. Sakshi Kapoor etc. 42/65 -: 43 :- present case and stated that on 28.05.2009 at about 05.00 pm, he went at the residence of Kumari Sakshi on his motorcycle at her call. He further disclosed that he purchased one beer bottle on the way to the house of Sakshi Kapoor and he parked his motorcycle at some distance from the house of Sakshi Kapoor and went inside her house. At the time, he was tired and put of his pant and laid down on the bed and gave beer bottle to Kumari Sakshi. He stated that after some time mother of Sakshi Kapoor entered inside the house and Sunny Batra had hidden himself behind a cupboard but he was noticed by the mother of the Sakshi Kapoor and she started crying. He further stated that he closed the mouth of mother of Kumari Sakshi from his hand and dragged her towards bed. Kumari Sakshi also helped him and stated that since she had seen both of them and living her alive would not be in their favour and she told him to finish her. Accused Sunny Batra further disclosed that she made her to lay on the bed, Kumari Sakshi provided him the iron press and he continuously assaulted on the head of Kiran Kapoor with press. It was also disclosed by Sunny Batra that Kumari Sakshi gave him empty bottle of beer, he got it broken with the help of press and inflicted injuries with that broken bottle on the different parts of her body. Kumari Sakshi went inside the Kitchen, brought knives and Sandashi and with the help of these articles, they FIR No. 221/09 State vs. Sakshi Kapoor etc. 43/65 -: 44 :- tried to cut blood nerves of wrist of Kiran Kapoor but she could not die. One cable and one screw driver were lying there. Kumari Sakshi lifted the screw driver and inflicted injuries on the stomach of her mother and stated that she would be killed. Sunny further disclosed that thereafter, both of them strangulated the throat/neck of Smt. Kiran Kapoor with the help of wire and they both made it sure that she was killed and thereafter they both in connivance with each other planned to depict a story of robbery.

Sunny Batra further disclosed that Kumari Sakshi kept certain articles from the room of her brother Ashish and some articles from her room including the TFT etc. and gave that polythene to Sunny Batra and he kept those articles at the room of 2nd Floor of his residence. Subsequent to the disclosure, accused Sunny Batra got recovered currency notes, gold articles, mobile phones and chargers and Mr. Ashok Kapoor identified all the articles. This witness further stated that thereafter, they alongwith Sunny Batra with the case property came back to the PS and Kumari Sakshi Kapoor was called at the PS and she was confronted with Sunny Batra and she also came to know that articles have been recovered at the instance of Sunny Batra and thereafter, she confessed her guilt and both the accused were personally searched and arrested and their disclosure statements were recorded.

FIR No. 221/09 State vs. Sakshi Kapoor etc. 44/65 -: 45 :- He further deposed in examinationinchief that Kumari Sakshi disclosed that she can get recovered her blood stained cloths, cable wire, screw driver etc. which she kept in a polythene bag and hidden beneath the garbage near the mango tree behind her house. On 03.06.2009, both the accused got medically examined and he alongwith other police officials on 04.06.2009, went to the house of accused Sunny Batra and got recovered one pocket purse from the book almirah. The purse was checked and it was found containing DL of Kiran Kapoor, Election ID of Ashok Kapoor, Pan Card of Ashish Kapoor, Credit Cards and all these articles were seized. Thereafter, accused Sunny had taken them at the roof and got recovered one polythene of yellow color which found containing one pair of blood stained shoe, one pair of socks, one blood stained Tshirt and one underwear. All these articles were seized. IO further stated that it was also disclosed by the accused Sunny Batra that he had thrown his pant in a drain near Prem Bari but the pant could not be recovered. Kumari Sakshi was taken to her residence and from there she got recovered one sky color polythene from beneath the garbage near the mango tree behind her residence and found containing one blood stained Kurti, one blood stained Jeans Pant, one Cable Wire, one screw driver and from the pant of jeans, one earing was recovered. Sakshi also got recovered one FIR No. 221/09 State vs. Sakshi Kapoor etc. 45/65 -: 46 :- mobile phone make Nokia 1029 having IMEI No. 353542142/02/118240/1, two sim cards, one was of Idea and other was of Vodafone and all these articles were seized and deposited in the maalkhana.

He further stated in the examinationinchief that during the course of investigation, he collected CDR of mobile phone of accused persons and it has come in the investigation from the inquiries conducted from father of Sakshi Kapoor that she got encashed her FDs and gave the amount to accused Sunny Batra and the details were collected from the Bank of Maharashtra, Paschim Vihar New Delhi. Bank statement of accused Sunny Batra was also collected from State Bank of Bikaner and Jaipur. Accused Sunny Batra also disclosed that he had parked his motorcycle in Bhajan Pura area with the help of his friend Sachin and he came to know that the motorcycle in question was already seized under DP Act by the police officials. Statement of witnesses were recorded by him and the charge sheet u/s 302/201/177/34 IPC was filed in the court.

90.PW 9 Pawan Singh Nodal Officer Idea Cellular Ltd. has proved details of mobile phone numbers 9990606414 and 9990281410 and other numbers vide Ex. PW 9/A to Ex. PW 9/G. The relevant portion of examinationinchief of PW 9 is as under:

FIR No. 221/09 State vs. Sakshi Kapoor etc. 46/65 -: 47 :- " As per the details of telephone no. 9990281410 of date 28.05.2009, the cell phone from 4:00 pm approximately to 05:00 pm are mentioned in Ex. PW 9/B at portion XX regarding which the cell ID bearing no. 27772 and 27771 are of the area of cell tower stationed at State Bank Nagar, Paschim Vihar as shown in the details of Cell ID Ex.PW 9/E at portion Y"

91. This witness was not cross examined by Sunny Batra but cross examined by Sakshi Kapoor.

92. PW 13 Anuj Bhatia Nodal Officer Vodafone Mobile Services gave details of Cell phone no. 9711135596 and 9711260196 from 28.05.2009 to 02.06.2009 Ex. PW 13/A to PW 13/G. The location of phone no. 9711260196 dated 28.05.2009 at 20:22 hours is of Cell tower 3153 West Delhi, Paschim Vihar as reflected in detail Ex. PW 13/G. The location of phone no. 9711260196 on 28.05.2009 at 17:13 hours is of cell tower 1249 of West Delhi, Meera Bagh as reflected in details Ex. PW 13/E. The location of phone no. 9711260196 of 28.05.2009 at 20:10 hours if of cell tower 2824 of West Delhi, Meera Bagh, Block A as reflected in details Ex.PW 13/E.

93.PW 42 Insp. Rakesh Kumar, IO of the case deposed that Kumari Sakshi have a mobile phone bearing no. 9711135596 and he further deposed that another sim was also activated from the same instrument bearing cell no. 9990281410 and from these two mobile numbers, the calls were FIR No. 221/09 State vs. Sakshi Kapoor etc. 47/65 -: 48 :- made to another two mobile numbers i.e. 9711260196 and 9990606414 which belong to Sunny Batra and these two numbers were used from the same instrument. Sunny Batra got activated mobile phone no. 9990606414 on 29.05.2009 i.e. one day after the occurrence. As per the IO, the Vodafone of Sunny Batra bearing no. 9711260196 was having the ID location at Meera Bagh on 28.05.2009 and so also mobile phone no. 9711135596 which is of Sakshi Kapoor. Thus, it clearly shows that both accused persons were in constant touch with each other and were at the same location at the time of occurrence. The more relevant fact is that Sunny Batra changed his sim card on the next day of the occurrence.

94. After the arrest of Sunny Batra, he made a disclosure statement Ex.

PW 24/A and led the police party to his residence i.e. BS36C, Shalimar Bagh and got recovered one brown color ladies purse, four envelops on which the name of Smt. Kiran and Sh. Ashok Kapoor was written and one rupee coin was affixed on each envelop, one small container having one ladies ring, one polythene having two bangles, one locket of Maa Sherawali, two ear tops, two ladies chain, one ladies ring, one black color small Nug, one ladies watch, five artificial kaddas, 11 ladies bangles of yellow color, one modem, one Samsung mobile, one Motorola Charger, two mobile leeds, 77 currency notes of different FIR No. 221/09 State vs. Sakshi Kapoor etc. 48/65 -: 49 :- denomination totaling to Rs. 16,660/, one toilet small box, one ladies Titan Watch, 6 notes of Rs. 5/ denomination, 7 notes of Rs. 1/ which were seized and taken into possession vide memo Ex.PW 11/A. These articles were identified by Mr. Ashok Kapoor, father of Sakshi Kapoor and husband of deceased.

95. Sunny Batra further led the police party on 04.06.2009 to the 2nd Floor of his house and got recovered one pocket purse from the almirah. It was containing DL of Kiran Kapoor, Election ID of Ashok Kapoor, Pan Card of Ashish Kapoor and Credit Cards of different banks related to Ashok Kapoor and Ashish Kapoor which were seized vide seizure memo Ex.PW 24/C. Thereafter, Sunny Batra took the police party to the roof of the house and got recovered one polythene of yellow color containing one pair of shoes which were blood stained, one pair of socks, one blood stained TShirt and one underwear which he was wearing on the day of incident were seized vide memo Ex.PW 24/D. The Idea letter from Sunny Batra was also seized vide seizure memo Ex.PW 24/E.

96. On 05.06.2009, Sakshi Kapoor got recovered one Sky Color polythene from beneath the garbage at the back of the residence, near Mango Tree which was containing one blood stained Kurti, one blood stained jeans pant, one cable wire, one screw driver and from the jeans, one ear ring FIR No. 221/09 State vs. Sakshi Kapoor etc. 49/65 -: 50 :- was recovered which was seized vide memo Ex.PW 21/B. She further got recovered one mobile phone make Nokia 1209 having IMEI no. 353542142021182401, two sim cards of idea and vodafone of Mobile phone nos. 9711135596 and 9990281410 which were seized vide memo Ex.PW 21/C.

97. There is no explanation from the accused persons as to how the cloths were stained with blood and how they came into their possession. The recovered cloths were sent to FSL Ex.PW 38/A. Blood was detected on shoes Ex. 15/A, pair of socks Ex. 15/B, Tshirt Ex. 16/A, underwear Ex. 16/B, Kurti Ex. 17/A and jeans pant Ex. 17/B.

98.The blood group of deceased was AB and as per report Ex.PW 38/A, Ex. 16/A (TShirt), Ex. 17/A (Kurti), Ex. 17/B (Jeans Pant) were also having blood group AB.

99.Clothes of accused, gold ornaments and other articles belonging to deceased were recovered at the instance of accused Sunny Batra from his house and human blood was found. Human blood was also found on different knives, iron press, broken knife, vegetable skin peeling knife, broken bottle, clothes, bedsheets, pillows etc. and blood found to be of same group that of deceased. Sakshi in pursuance to her disclosure statement got recovered one jeans, one kurti, one wire and one screw driver and except screw driver, human blood of AB group was found FIR No. 221/09 State vs. Sakshi Kapoor etc. 50/65 -: 51 :- which was of deceased. Gold ornaments and other articles recovered from the accused Sunny Batra were duly identified by the husband of the deceased.

100. Now it has to be seen whether these recoveries are sufficient to connect the accused persons with the crime and whether only one hypothesis can be drawn from these recoveries that it were the accused and the accused who were the perpetrator of the crime. Socks, shoes and Tshirt which accused Sunny Batra was wearing at the time of incident were recovered at the instance of accused Sunny Batra were smeared with human blood of AB Group and the blood group of deceased namely Kiran Kapoor was of AB Group. Both the accused were arrested after one day of occurrence and it was not possible after one day that the blood of the deceased could have been found on the clothes of the accused unless the stains of the blood were got by him at the time of death of the deceased. The recoveries of ornaments which belong to the deceased were made at the instance and on the information of both the accused. All these circumstances point towards the guilt of accused persons.

101.The prosecution has brought on record that Sakshi Kapoor had friendship with sunny Batra and she used to financially help him time to time. IO collected bank statement of Sunny Batra from State Bank of FIR No. 221/09 State vs. Sakshi Kapoor etc. 51/65 -: 52 :- Bikaner and Jaipur. PW 11 Ashok Kapoor deposed that Sakshi gave Rs. 1.5 Lacs approximately to Sunny Batra. FDs were encashed and the amount was paid in three different occasions i.e. sum of Rs. 59,000/, Rs. 56,000/ and Rs. 35,000/. Two payments were made in April 2009 and one in May 2009 approximately. Ashok Kapoor was not cross examined by accused Sunny Batra. He was cross examined by the counsel of Sakshi Kapoor but there is no question or suggestion regarding the financial help she used to give to Sunny Batra. Application u/s 311 Cr. PC moved by the accused was allowed and the witness was recalled on 25.07.2013 and 21.10.2013 but he was not cross examined. Hence, the statement made by PW 11 Ashok Kapoor remained unchallenged and unrebutted qua the financial assistance to Sunny Batra by Sakshi Kapoor.

102. Accused Sunny Batra left his motorcycle bearing no. DL 8SAL 1138 at Bhajan Pura and it was seized by Bhajan Pura police under DP Act. The motorcycle was taken into possession from Bhajan Pura police station which was got released on Superdari by the father of accused Sunny Batra and as per disclosure of Sunny Batra, the motorcycle was used by him on the date of occurrence as he went to the house of Sakshi on this motorcycle.

103.The autopsy of the body of deceased Kiran Kapoor was done on FIR No. 221/09 State vs. Sakshi Kapoor etc. 52/65 -: 53 :- 29.05.2009 by Dr. Manoj Dhingra and Dr. J. V. Kiran at SGM Hospital. There were 22 injuries on the body of the deceased and the details of injuries are as under:

(1) Lacerated wound 6 cm X 2 cm, bone deep on top of hood. (2) lacerated wound 2cm X 0.5 cm bone deep on left parietal region 4 cm left to injury (1).

(3) Multiple laceration each about 0.5 cmX 5 cm, muscle deep all over scalp.

(4) Laceration 2 cm X 0.5 cm, muscle deep on outer back of left neck 6 cm behind and below left ear lob and 5 cm below mastoid prominence. (5) Laceration 6 cm X 1 cm, subcutaneous deep extending towards middle back of neck from inner margin of injury (4). (6) Laceration 3 cm X 2cm muscle deep on right side of neck 5 cm below right ear lob.

(7) Laceration 3 cm X2 cm muscle deep on right side of neck, 1.5 cm below right ear lob.

(8) Ligature mark 7 cm X 1 cm on right front of neck extending from inner margin of injury 6 towards the mid line front parallel to lower border of mandible 2 cm below it.

(9)Stab wound 3.5 cm, 2 cm cavity deep on outer front of left side of lower chest, 13 cm below nipple and 13 cm of mid line directed FIR No. 221/09 State vs. Sakshi Kapoor etc. 53/65 -: 54 :- backward and left to right, downward and piercing the seven intercohort space into the abdominal cavity. (10) Wound 5 cm X 2 cm cavity deep on outer front of left upper abdomen, 15 cm below and 11 cm above and left to umbilicus directed backward and left to right towards the abdominal wall and perforating descending color.

(11) Stab wound 5 cm X 1 cm abdominal wall deep on centrefront of left upper abdomen extending outward from lower end of injury no. 10, 2 cm right to and below injury no. 9. Injury 11, 2.5 cm below injury no.

9. (12) Multiple stab wounds with one end obtuse and outer end acute on outer and outer that of lower chest and abdomen on left side, 28 in number, each about 1 cm X 0.5 cm abdominal wall deep. (13) Stab wound 2 cm X 0.5 cm and 7 cm on outer back of left lower chest directed forward, downward and left to right piercing, 11 intercohort space paravertebral region and perforating the diaphragm at posterior and of dome causing herniation of intestine into left pleural cavity.

(14) Stab wound 1 cm X0.5 cm muscle deep on left back of upper chest 7 cm from mid line and 5 cm below middle of left shoulder. (15) Stab wound 1 cm X 0.5 cm bone deep on right side upper chest 6 FIR No. 221/09 State vs. Sakshi Kapoor etc. 54/65 -: 55 :- cm of middle line and 4 cm below middle of right shoulder directed downward, forward and right to left piercing scapula, back muscles upto 4th rib posteriorly causing cut fracture on the rib. (16) multiple lacerations each about 0.2 cm X 0.2 cm subcutaneous deep circular or over shaped with margins and base contused on back of lower chest and abdomen over an area 43 cm X 18 cm.

(17) Multiple lineal abrasions arranged irregular in bundles on back of abdomen amongst the lacerations on back over an area 36cm X 12 cm. (18) Stab wound 1.5 cm to 0.2cm and wound deep on middle back of right 4 arms 12 cm below elbow.

(19) multiple lacerations each 0.2 cm X 0.2 cm subcutaneous deep on back of right hand.

(20) Incised wound 5 cm X1.5 cm, muscle deep on front of left lower 4 arms 3 cm above wrist.

(21) Incised wound 4 cm X 1 cm muscle deep 2 cm above injury no. 20. (22) incised wound 3 cm X 0.5 cm muscle deep 1 cm above injury no. 2

104. As per doctor Manoj Dhingra who conducted the postmortem, cause of death was cerebral damage consequent to blunt force impact. All injuries were ante mortem, fresh in duration. Injuries on head caused by blunt object (1 and 2), injury 4 to 7 were caused sharp weapon with irregular margin and injury no. 8 caused by ligature material. Injuries FIR No. 221/09 State vs. Sakshi Kapoor etc. 55/65 -: 56 :- no. 9 to 15 and injury no. 18 were caused by sharp stabbing weapon and injury no. 16 and 17 by sharp object and injury no. 20 to 22 are caused by sharp cutting weapon.

105. On 01.07.2009, IO produced 4 sealed parcels containing various weapons of offence for expert opinion. On opening the first parcel, one electrical press of white color and blue button having dry blood stains at places was produced. Second parcel was containing a knife broken near the butt of black color with red edged near the broken end having dry blood stains. It was a single edge knife having a length of 9 cm and width 1.6 cm. This parcel also contained another knife and it was a single edge knife and stained with dry blood with black handle with sharp edge and the length of the blade is 12 cm and the width is 1.5 cm. This parcel also contained knife of single edge white handle with red band and the base of its handle is broken and length of the blade is 10 cm and width 1.6 cm. This parcel also contained vegetable skin peeling knife, stained with dry blood with steel handle and both ends of handle black. The margin of the blade having grinds and the length is 7.8 cm and the width is 2 cm. The parcel also contained dry blood stained knife, single edge, end of knife blunt with black handle and the length is 10 cm and the width is 1.5 cm.

106. On opening parcel no. 3, it contained 4 faceted screw driver with steel FIR No. 221/09 State vs. Sakshi Kapoor etc. 56/65 -: 57 :- blade and green handle blade and having four faceted ends. This parcel also contained a black color wire 0.5 cm width and 172 cm length. Parcel no. 4 contained one broken piece of Hayward 5000 bottle.

107. Dr. Manoj Dhingra deposed that after going through the postmortem report Ex.PW 7/A and the weapon produced from the pullandas by the IO, he is of the opinion that the injuries described in the postmortem report can be produced by the weapons. He also gave subsequent opinion Ex.PW 7/B and prepared the sketches Ex. PW 7/B1, 7/B2 and 7/B3. He did not prepare the sketch of the bottle of Hayward 5000. MLC no. 1732/ 09 Ex. PW 9/A of Smt. Kiran Kapoor who was taken to Balaji Hospital was proved by Dr. Virender Kumar CMO. The patient was brought dead in the hospital and the doctor found sharp edged injuries on neck, stomach, lumber region including left wrist sharp cut and back of scull multiple injuries.

108. PW 24 SI Radhey Shyam was with the IO alongwith other police officials on 02.06.2009 and he went to the H. NO. C36 C, Shalimar Bagh and arrested Sunny Batra who made disclosure statement Ex.PW 24/A and that of Sakshi Kapoor Ex.PW 24/B. This witness was cross examined by the counsel for Sakshi Kapoor and Sunny Batra. A suggestion was put to this witness that disclosure statement of the accused was recorded at his house. This suggestion was given by Ld. FIR No. 221/09 State vs. Sakshi Kapoor etc. 57/65 -: 58 :- Counsel for accused Sakshi Kapoor. This witness was cross examined in detail by counsel for accused Sunny Batra but nothing fruitful was brought on record. Similarly, PW 27 HC Dilbagh Singh deposed on the same lines as he accompanied the police party on 02.06.2009 when Sunny Batra was arrested and his disclosure was recorded.

109. Statement u/s 313 Cr. PC of both the accused persons was recorded and in the answer to one question, Sakshi Kapoor answered "I alongwith coaccused Sunny Batra committed the murder of my mother namely Kiran Kapoor at the above mentioned address" she further admitted in reply to question no. 9 that her statement Ex.PW 11/B was recorded by the police officer. In reply to question no. 13, she stated that one police officer lifted five knives, one iron press and one screw driver from her house. She admitted in reply to question no. 25 that Sunny Batra visited her residence on the date of incident. Question no. 34 was regarding the disclosure statement and she stated that she made a disclosure statement to the police confessing her guilt. Question no. 4 was put to the witness that after committing the murder, you had informed your brother PW 2 Ashish Kapoor from the land line phone at 08.20 pm and in answer to that, she stated that it is correct that on 28.05.2009, I informed my brother regarding the FIR No. 221/09 State vs. Sakshi Kapoor etc. 58/65 -: 59 :- incident. At that time, I told my brother that some other person has committed the murder of my mother.

110. Now from the statement of Sakshi Kapoor, clear admission regarding the commission of offence is made out. There is no hesitation or repentance on the face of the accused Sakshi Kapoor while making the statement and confessing the guilt. The general presumption is that the accused is innocent unless the contrary is proved and, in general the more serious the crime, the more clearly must it be proved. There is another presumption that every man is to be presumed to have intended the natural and probable consequences of his acts. In all criminal trials, where the accused pleads 'not guilty', the general rule is that the prosecution must prove the guilt of the accused beyond all reasonable doubt. This is particularly so in murder trials which are essentially a conflict and struggle for life as the ancient trials by combats were. The evidentiary burden may shift in the course of trial when the accused must, for his own safety give satisfactory explanation. In murder trials, as in other criminal offences, conviction on purely circumstantial evidence is possible, but to do so, it is necessary to be satisfied not only that the circumstances established are consistent with the accused having committed the offence, but also they are such as to be inconsistent with any other rational conclusion than that he is the guilty FIR No. 221/09 State vs. Sakshi Kapoor etc. 59/65 -: 60 :- person.

111. The prosecution is required to give satisfactory proof of the corpus delicti, that is, it must proved that the deceased was murdered. The prosecution has then to prove that the accused is the person who murdered the deceased and no one else. This is the basic criminal law.

112. Dr. Manoj Dhingra (PW 7) performed the postmortem and he found multiple injuries on the deceased Kiran Kapoor. They were ante mortem. There is no doubt that the deceased was murdered. Was she murdered by both the accused and by no one else?

113. In pursuance to disclosure statement Ex.PW 24/A, above mentioned articles were recovered from and at the instance of accused Sunny Batra which were duly identified by Sh. Ashok Kapoor and from the recovery, the requirement of section 27 has been satisfied as held by Hon'ble Supreme Court in Ram Kishan Vs. State of Bombay, AIR 1955 Supreme Court, 104, Pershadi Vs. State of U.P. AIR 1957 supreme court, 211, Udaibhan Vs. State of U. P. AIR 1962 supreme court 1116, Chinnaswami Vs. State of Andhra Pradesh AIR 1962 supreme court 1788 and Prabhoo Vs. State of U. P. AIR 1963, supreme court 1113. Reference can also be made to Pulukari Kottaya Vs. Emperor, AIR 1947, PC 67.

FIR No. 221/09 State vs. Sakshi Kapoor etc. 60/65 -: 61 :-

114.An amount of Rs. 16,660/ was also recovered from the possession of accused Sunny Batra which was missing from the house of the deceased and it is established that this amount was recovered in consequence of the information given by the accused and by no one else.

115. I shall now consider the question of presumption under illustration (a) of Section 114 of the Evidence Act. The murder in this case took place on 28.05.2009 and accused Sunny Batra was found in possession of missing ornaments and other articles of the deceased shortly after the murder and I can draw the presumption of murder against accused Sunny Batra. Blood stained clothes were recovered at the instance of Sakshi Kapoor.

116. I have an expert opinion of Dr. Manoj Dhingra who conducted the postmortem on the dead body of Ms. Kiran Kapoor who stated that cause of death was cerebral damage consequent to blunt force impact and after going through the postmortem report Ex.PW 7/A and the weapons produced, he is of the opinion that the injuries described in the postmortem report can be produced by the weapons produced. As per the report of Dr. Manoj Dhingra, there were deep and multiple stab wounds on the body of Ms. Kiran Kapoor. This opinion supports the prosecution case that accused Sakshi Kapoor received injuries on both FIR No. 221/09 State vs. Sakshi Kapoor etc. 61/65 -: 62 :- her hands because she repeatedly used the weapon of offences. The doctor who expressed his opinion is a competent person and his evidence is admissible u/s 45 of Evidence Act.

117. Now I shall sum up the circumstantial evidence against both the accused. The first and foremost is the possession of missing articles from the house of the deceased and recovery from the possession of accused Sunny Batra after few days of incident. The second circumstance is the discovery of blood stained clothes with human blood of AB group by both the accused. The third circumstance is the injuries on the hands of the accused Sakshi Kapoor. It is important to mention here that there is no explanation as to how, she received injuries. The recovery of Rs. 16,660/ from the possession of accused Sunny Batra is also important. The another circumstance is that accused Sunny Batra had an access to the house of deceased and therefore, an opportunity to murder her. The presence of accused Sakshi Kapoor at her resident i.e. the place of incident at the time of incident is important. Friendship of both the accused is also relevant to be mention here. The location of cell ID in the area of place of occurrence and call details are also indicating the connivance of both accused. The cumulative effect of all these circumstances is that the chain of circumstantial evidence is complete and that there is no FIR No. 221/09 State vs. Sakshi Kapoor etc. 62/65 -: 63 :- missing link.

118. Having regard to the number of injuries inflicted on the deceased, it was not possible to uphold the contention that there was no intention to kill Smt. Kiran Kapoor. Multiple injuries were inflicted on the body of deceased with various weapons of offence and she was brutally murdered by both the accused persons in furtherance of common intention. Participation of both the accused persons is proved. Thus, it is clear that both the accused persons caused injuries to the deceased with the intention of causing death. They used every possible weapon i.e. different knives, wire, press, screw driver to eliminate the deceased and the offence u/s 302/34 IPC is proved against the accused persons beyond any reasonable doubt.

119. So far as, Section 201 read with section 177 IPC is concerned, the accused Sakshi gave a statement to the police Ex.PW 11/B knowingly with intention of screening the offender from legal punishment and giving color of dacoity with murder to mislead the authority. Section 201 IPC reads as under:

" Causing disappearance of evidence of offence, or giving false information to screen offender Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of FIR No. 221/09 State vs. Sakshi Kapoor etc. 63/65 -: 64 :- screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false;

If a capital offence. shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; If punishable with imprisonment for life. and if the offence is punishable with [imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

120.Section 177 IPC reads as under:

"Furnishing false information Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both; or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing FIR No. 221/09 State vs. Sakshi Kapoor etc. 64/65 -: 65 :- the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both".

121.The accused Sakshi Kapoor in furtherance of common intention with accused Sunny Batra gave false information to the police regarding commission of offence knowingly that the information furnished by her is false. Thus, the offence u/s 177 is proved.

122.Both the accused intended to screen the offender from legal punishment gave false information vide Ex.PW 11/B with respect to the commission of offence. Hence, offence u/s 201 IPC is also proved against both of them.

123.From the above discussion and from the evidence on record, the accused persons are hold guilty for the offences punishable under section 302/34, 201/34 and 177/34 IPC.

Announced in the open court today i.e. 26th day of February, 2015 (Rakesh KumarII) Additional Sessions Judge03, West District, Delhi.

  FIR No.   221/09                    State vs. Sakshi Kapoor etc.                              65/65

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State vs . Sakshi Kapoor Etc. on 26 February, 2015