Delhi District Court
State vs . : 1) Dalip on 23 January, 2018
IN THE COURT OF ASJ/PILOT COURT/NORTH DISTRICT, ROHINI
COURTS: DELHI
Sessions Case No: 370/17
FIR No. : 85/2017
U/s : 302 IPC
P.S. : Swaroop Nagar
State Vs. : 1) Dalip
S/o Sh Vijay
R/o Khasra No.712 Azad farm
wali gali, Kadipur, Delhi.
2) Geeta
W/o Sh. Dalip
R/o Khasra No.712 Azad farm
wali gali, Kadipur, Delhi.
3) Mohan
S/o Sh. Ramashish Mahto
R/o Khasra No.712 Azad farm
wali gali, Kadipur, Delhi.
Offence complained of : 302 IPC
Plea of accused : Pleaded not guilty
Final Order : Acquitted
Date of committal : 03.07.2017
Date of Judgment : 23.01.2018
JUDGMENT
1. On 16.03.2017 an information was received at 12:00 noon that "Kadipur Gurusagar Gaushala ke samney wali gali, Azad farm wali gali mein ek aadmi ka murder ho gaya hai". On this information DD No.14A was recorded at PS:
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Swaroop Nagar. The DD was assigned to SI Sajjan Singh who along with HC Ajmer reached the spot where there was a plot of about 1000 sq yard. There was room in the north west corner of that plot. The door of the room was lying open. A dead body was lying on the sheet. That person was identified as of Ramanand. Crime team inspected the scene of crime and photographs were taken. Body was removed to the mortuary of BJRM hospital where the post mortem was got conducted. The family members refused to receive the body. Thereafter, HC Ajmer got the last ceremonies performed. During investigation eye witness Vijay met them who told that on 15.03.2017 at about 10:00 am when he was going for his work he noticed that an argument was going on between his uncle Dalip (mausa) and Ramanand on the issue of falling of boundary wall of house of Dalip. Dalip was asking Ramanand to repaired the same but Ramanand was saying that presently he is under the influence of liquor and he will not be able to do it. There were two more boys with Ramanand and they separated them. Vijay returned from duty at about 8:30 pm. He found that Ramanand and Dalip were fighting with each other on the issue of repairing the wall. Both were under the influence of liqor. Dalip gave 2-3 fist blows on the face of Ramanand. He (Vijay) asked as to why he is giving beatings. Dalip dragged Ramanand inside State Vs. Dalip etc. SC No.370/17 :: 2 ::
the house and asked him to put the bricks but Ramanand refused and requested that he will do it in the morning on which Dalip started beating him with a stick of eucalyptus. Then Dalip took Ramanand to the room of his house, picked up another danda and started beating him. His mausi also gave 2-3 leg blows to Ramanand. Thereafter, his youngest uncle Mohan removed the clothes of Ramanand and put another clothes. Mohan thereafter, removed Ramanand from there and put him in his room from where the dead body was recovered. Dalip, Geeta and Mohan were arrested. Mohan got recovered the cloth with which the blood was wiped out. Dalip was also arrested he got recovered the danda used in the commission of offence and also the blood stained clothes of deceased and also the T-shirt which he was wearing at the time of incident. After completion of investigation the charge sheet against the accused was filed. Ld. MM after complying with the provisions 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 Sessions Court. Accused Geeta was charged for the offence punishable u/s 304 IPC. Accused Mohan was charged for the offence punishable u/s 201 IPC. Accused Dalip was charged for the offence punishable u/s 302/201 IPC. All the accused persons pleaded not guilty and claimed trial. Thereafter, the State Vs. Dalip etc. SC No.370/17 :: 3 ::
case was fixed for prosecution evidence.
2. Dr. Anuj was examined as PW-1. He deposed that on 16.03.2017 at about 2:20 pm Ramanand was brought by police for medical examination with alleged history of found on the road side. Patient was unconscious. He examined him vide MLC Ex.PW1/A and declared him dead.
3. During cross-examination he stated that such type of injuries could be sustained due to fall. In case patient is brought dead they don't conduct detail examination which is to be conducted by autopsy surgeon and forensic department.
4. Dr. Anshul Saxena was examined as PW-2. He conducted the post mortem on the body of Ramanand. He found that there were 16 external injuries on the body. He opined that the deceased died due to hemorrhage secondary to blunt force trauma to the chest, back and limbs. The nature and pattern of injuries is consistent with findings of assault. Cumulatively the injuries are sufficient to cause death in ordinary course of nature. Time since death is less then 12 hours at the time of preservation of dead body in cold chamber. The clothes, blood sample on gauze piece and viscera in saturated solution of common salt and blood with sodium fluoride as preservative was sealed and handed over to the police along with the sample seal. The post State Vs. Dalip etc. SC No.370/17 :: 4 ::
mortem report is proved as Ex.PW2/A.
5. On 18.04.2017 an application was moved by Inspector B.R Meena with regard to opinion regarding weapon of offence along with three sealed pullandas. He examined the alleged weapon of offence and opined that the injuries mentioned in the post mortem report Ex.PW2/A can be caused by the weapons examined. The weapons were again sealed and handed over to the IO. The subsequent opinion is proved as Ex.PW2/B. The witness has also identified the danda No.1 as Ex.MO4 and danda No.2 as MO5. The hammer is identified as MO6.
6. During cross-examination by the defence counsel he stated that it is extremely unlikely that the injuries as mentioned in post mortem report are caused due to fall.
7. Rajeev was examined as PW-3. He deposed that about 2-3 months ago in the morning hours. He along with his friend Abhishek visited the plot situated in Khasra No.712, Azad farm house wali Gali which he purchased from Ramannad. Ramanand was not found at that plot. Usually Ramanand used to meet them at that house. Ramanand was residing in a room situated at a distance of about 100 meters from the said plot. He along with his friend went to the room and found the door lying open. He called Ramanand from the door but he did not reply. Thereafter, he along with his friend State Vs. Dalip etc. SC No.370/17 :: 5 ::
Abhishek entered the room and found Ramanand lying on the ground completely covered with blanket. He removed the blanket from the face. Ramanand was lying unconscious. He along with Abhishek went to their plot along with Geeta and her husband whom they have told that Ramanand is lying unconscious. Geeta and her husband used to serve food to Ramanand. On the asking of Geeta and Dalip they informed the family members of Ramanand. They reside in village Nangli Poona. This witness informed the father of Ramanand that Ramanand seems to be dead. He said "hamara ussey koi matlab nahi hai". He returned to room of Ramanand and informed his friend Geeta and Dalip. Geeta made a call to the police at 100 number. Geeta was not able to tell the correct address therefore he informed the police exact location. After 15-20 minutes of the call police reached there. The dead body was removed from there. On 17.03.2017 he along with his friend Abhishek went to the mortuary and identified the dead body. The statement is Ex.PW3/A.
8. The witness was cross-examined by Ld. APP wherein he denied the suggestion that on 15.03.2017 at about 10 am he along with his friend Abhishek went for roaming and noticed that accused Dalip Singh had caught hold of Ramanand in front of his house or that Dalip was giving beatings to Ramanand on which they saved Ramanand from State Vs. Dalip etc. SC No.370/17 :: 6 ::
Dalip. He also denied the suggestion that they accompanied Ramanand upto Nangli Poona pullia from where Ramanand went away saying that he had some urgent work. He also denied the suggestion that on the same day at 9 pm they again reached the plot where they saw that accused Dalip had caught Ramanand in front of their house and man handling him or that Dalip said that "tu aaj mujhse jarur pitega, Ramanand ko eent (brick) utha kar deewar par lagane ko keh reha tha, Ramanand keh reha tha mujhse eent ab nahi lagegi baad mein laga doonga". He also denied the suggestion that they saved Ramanand from accused Dalip or that Dalip said main nahi maroonga, aur issey yahin rehne do baad mein chala jayega, yahin to rehta hai" or that we left the said place or that thereafter they left the said place. He also denied the suggestion that the next day they reached in front of house of accused Dalip and they noticed blood on his T-shirt and on their asking Dalip replied "Macchar ka khoon hai". He was confronted with his statement Ex.PW3/B. The witness did not support the prosecution case at all. He also stated that he cannot identify the T-shirt which Dalip was wearing at the relevant time as he had not seen any such T-shirt having blood stains. No question was put to the witness by the defence.
9. Abhishek was examined as PW-4. He also deposed State Vs. Dalip etc. SC No.370/17 :: 7 ::
on the lines of PW-3. He was cross-examined by Ld. APP but he also did not support the prosecution case.
10. ASI Rajbir was examined as PW-5. He was the incharge mobile crime team which visited the scene of crime. Ct. Amit photographer and ASI Surender finger print proficient and other staff was also with them. On the spot SI Sajjan Singh and other staff with IO met them. Ct. Amit took the photographs of the scene of crime from different angles. He prepared the crime scene report which is Ex.PW5/A. They remained at the spot from 12:40 to 1:40 pm. He also directed the IO to lift the exhibits from the scene of crime.
11. During cross-examination he stated that they received the information at about 12:15 pm. He did not make any departure entry or arrival entry. His statement was not recorded by the IO.
12. Sh. Ram Prashad, photographer of FSL was examined as PW-6. He deposed that on 17.03.2017 he was posted in FSL Rohini as Photographer. On that day on the request of police he along with Ms. Imrana Senior Scientific Officer Biology Division and other staff went to Khasra No.712, Kadi Pur. There were three rooms in that plot. Police told them that this house belongs to Dalip. Ms. Imrana inspected the scene of crime and lifted the exhibits which she handed over to the IO. He also took the photographs of the State Vs. Dalip etc. SC No.370/17 :: 8 ::
scene of crime from different angles. He proved those photographs as Ex.PW6/A1 to A17. The certificate u/s 65 B Evidence Act is proved as Ex.PW6/B. He does not remember the time of their reaching the scene of crime. They left the office at about 5:30 pm. They reached the scene of crime in police vehicle. He does not remember how long they remained on the scene of crime. It was evening hours but not dark. At about 7:30 pm they left the scene of crime.
13. Ct. Sunil Kumar was examined as PW-7. On 17.03.2017 he delivered the copies of the FIR to the senior police officials and the area MM on the motorcycle No. DL 1SAA 1615. Nothing material came on record in the cross- examination of this witness to discredit him.
14. PSI Kuldeep Singh was examined as PW-8. He deposed that on 18.04.2017 he collected three sealed parcels duly sealed with the seal of SSY for depositing the same in BJRM hospital vide RC No.68/21/17. He deposited the parcels in the hospital. On return to the police station he handed over copy of road certificate to the MHC(M). During the period exhibits remained in his possession no one tampered with the same.
15. During cross-examination he stated that he received the exhibits at about 12:30 pm. Departure entry was made in the register by him but he does not remember the number.
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He returned to the police station at about 3:00 pm.
16. HC Ajmer Singh was examined as PW-9. He deposed that on 16.03.2017 on receiving DD No.14 he along with SI Sajjan Singh reached the spot. There was a vacant plot measuring 1000 sq yards where there was one room measuring 10x10 in the north west side. The door of that room was found open and one person was lying dead on the bed sheet over Pralli. The head of the dead body was towards south. There was one blanket lying on the legs of dead body. SHO along with staff also reached the spot. The neighbours identified the dead body as of Ramanand. It was revealed that the deceased was residing in the said room as his family members has no relations with him due to his habit of drinking. Crime team also reached the spot and inspected the scene of crime. The photographer took the photographs. There were minor injury marks under the right eye on the leg and waist of the body. There were scratch marks on the dead body. There was no eye witness on the spot. He took the dead body of Ramanand to BJRM hospital. The doctor declared him dead and thereafter the body was got preserved in the mortuary of BJRM Hospital. On 17.03.2017 he along with SI Sajjan Singh went to BJRM hospital where the inquest papers were prepared. Post mortem was conducted. The relatives of the deceased State Vs. Dalip etc. SC No.370/17 :: 10 ::
refused to take the body. He cremated the body in the crematorium at Sarai Kale Khan vide document Ex.PW9/A. After post mortem the autopsy surgeon handed over one wooden box, one white envelope, one white parcel and sample seals which were seized by SI Sajjan Singh vide memo Ex.PW9/B.
17. During cross-examination he stated that they left the police station after two minutes of receipt of DD No.14A on the motorcycle of SI Sajjan Singh. They remained at the spot for 2-3 hours. SI Sajjan prepared document for taking the dead body to the hospital. Many police persons were there outside the room. He does not know if SI Sajjan recorded the statement of the public persons. He returned to the police station in the evening hours on 17.03.2017.
18. HC Ganesh was examined as PW-10. He deposed that on 19.03.2017 he along with the IO SI Sajjan Singh and W/Ct. Sulochana and witness Vijay joined the investigation. They went to Khasra No.712 Azad farm house wali gali, Kadipur Delhi. On the pointing out and identification of Vijay accused Mohan and Geeta were apprehended. Inspector B.R. Meena interrogated and arrested accused Geeta vide arrest memo Ex.PW10/A. The personal search of accused Geeta was conducted by W/Ct. Sulochana vide memo Ex.PW10/B. Geeta made the disclosure statement State Vs. Dalip etc. SC No.370/17 :: 11 ::
Ex.PW10/C. Inspector B.R. Meena also interrogated and arrested accused Mohan vide arrest memo Ex.PW10/D. Personal search of accused was conducted vide memo Ex.PW10/E. Accused made the disclosure statement Ex.PW10/F. They both pointed out the scene of crime vide pointing out memos Ex.PW10/G and Ex.PW10/H. Accused Mohan and Geeta led them to Khasra No.712 Azad Farm wali gali village Kadi pur and pointed out the place where there was a pit. Near the said pit there was one mop/T-shirt produced by accused Mohan. The said T-shirt/ mop was dried and put in an envelope. It was sealed with the seal of SSY and seized vide memo Ex.PW10/I. He identified both the accused persons. He identified the mop/T-shirt got recovered as Ex.MO/1. He also identified one bed sheet one dari one blanket of blue colour.
19. He was cross-examined by Ld. Addl. PP wherein he admitted that one blue printed bed sheet cover and a dari were found at the spot. FSL team also reached the spot. The bed sheet and the dari were put in two different parcels and were seized vide memo Ex.PW10/J. He also admitted that one pair of plastic sleepers having soil on it were also found in the said room which were kept in an envelope, sealed with the seal of SSY and seized vide memo Ex.PW10/K. He also stated that on 17.03.2017 he went to the spot and from there State Vs. Dalip etc. SC No.370/17 :: 12 ::
Dalip was arrested by Inspector B.R. Meena on the identification of Vijay. Personal search of Dalip was also conducted. Accused Dalip made the disclosure statement. Dalip pointed out the place and got recovered one blood stained brick which was lifted, kept in an envelope, sealed and seized. Control earth sample was also lifted from there kept in an envelope. Blood with the help of gauze was also lifted and kept in an envelope. All the envelopes were sealed with the seal of SSY. Accused Dalip also got recovered one multicoloured T-shirt and one Grey colour T-shirt from his room stained with blood. The T-shirt were kept in separate envelopes. Sealed with the seal of SSY and seized. He also admitted that Dalip also got recovered one danda from the wheat field behind his plot having blood stains. Vijay identified that danda and it was inspected by FSL team. It was wrapped in a piece of cloth sealed with the seal of SSY and seized. He admitted that Dalip also got recovered one more danda from North East side of the wall and same was also identified by Vijay. It was also wrapped in cloth, sealed and seized. He also admitted that there after accused led them to a bigger room of his house and got recovered one iron hammer. There was mud on the hammer. It was wrapped in a cloth piece, sealed with the seal of SSY and seized. Dalip also got recovered one half sleeves T-shirt State Vs. Dalip etc. SC No.370/17 :: 13 ::
black colour and one blue pyjama printed with yellow spots which were identified Vijay, Abhishek and Rajeev. There were some spots on the front side of the T-shirt which were seems to be worsed. These were put in a cloth parcel, sealed with the seal of SSY and seized. The witness has identified the Dari as Ex.MO2, the blanket of blue colour as Ex.MO3, one danda having stains MO4, another danda having stains MO5, the hammer as MO6. The pair of chappal as MO7. One mud stained brick MO8. Earth material collected from the spot as MO9, blood in gauze MO10. Half sleeve T-Shirt MO-11, Full sleeves warmer as MO-12.
20. During cross-examination he stated that on 16.03.2017 he reached the spot at about 3:00/3:30 pm. After getting information from the public persons. He reached there on motorcycle No. DL 1S 0295. He admitted that he was directed by the SHO and SI Sajjan Singh to reach the spot. SHO and SI Sajjan Singh were already present there. He remained on the spot for an hour. No other person except SHO and SI Sajjan Singh were present on the spot. In his presence FSL team visited the spot. One blue colour bed sheet, one mat and one woolen blanket were found in the room. All the articles were taken in possession but no document was prepared on the spot. He signed the seizure memos of bed sheet, Dari and blanket in the police station State Vs. Dalip etc. SC No.370/17 :: 14 ::
and SI Sajjan Singh also signed the same. On 16.03.2017 his statement was not recorded.
21. He again visited the spot on 17.03.2017 in the evening with SHO, SI Sajjan and suspect Dalip. He does not know at what time SHO and Sajjan Kumar left the police station as he was in beat and called to reach the spot by SI Sajjan Kumar.
He reached the spot at about 5:10 pm. He remained on the spot for about half an hour. Again said he remained there upto 10:00 pm. SI Sajjan and Ct. Subhash and suspects left the spot at about 6:30 pm on 17.03.2017. First of all they visited the near one room in the said plot measuring 10x10 ft. The door of the said room was towards East. He does not remember if any document was prepared at the spot at that time. He signed the documents on 17.03.2017 at the police station. He signed the document of seizure of brick in front of gate. One another danda was found on the north side. Accused produced one hatodi recovered from under the iron box. One T-shirt and payjama. IO and SI Sajjan Singh signed the documents in the police station. At the time of recovery of brick and hammer he along with IO SI Sajjan Singh and FSL team were present when the same were got recovered by accused Dalip. In his presence IO did not record the statement of any other witness. He denied the suggestion that dandas, hammer, T-shirt, Payjama and other materials State Vs. Dalip etc. SC No.370/17 :: 15 ::
were not recovered at the instance of accused.
22. Subhash was examined as PW-11. He deposed that on 17.03.2017 he joined the investigation with IO and reached Azad farm wali gali Kadipur. Rajiv and Abhishek met them there. IO recorded the statement of Abhishek and Rajiv.
Thereafter, they reached Khasra No.712, Azad farm wali gali. Dalip was identified by Vijay, Rajeev and Abhishek. IO also called SI Sajjan and HC Ganesh. IO recorded statement of Vijay. Request was sent to FSL Rohini through HC Ajay. Dalip was interrogated and arrested vide arrest memo Ex.PW11/A. His personal search was conducted vide memo Ex.PW11/B. Accused Dalip made the disclosure statement Ex.PW11/C. At about 5:15 pm ERV vehicle and FSL team arrived at the spot. FSL team inspected the spot. One blood stained piece of brick was taken from in front of house of Dalip. The said piece of brick was put an envelope and given exhibit No.A. The earth control material was also taken by the FSL team from outside the said room and handed over to the IO who gave it Ex. No.B. Blood was found in the room of Dalip. FSL team lifted the said blood with gauze piece and put the same in an envelope and handed over to the IO. IO gave it Ex.No.C. All the three exhibits were sealed with the seal of SSY and seized vide memo Ex.PW11/D.
23. Accused Dalip produced one multi-coloured blood State Vs. Dalip etc. SC No.370/17 :: 16 ::
stained T-shirt, one grey colour blood stained T-shirt to the FSL team. FSL team handed over the same to IO and gave it Ex.No.D & E. These were put in envelopes, sealed with the seal of SSY and seized vide memo Ex.PW11/E.
24. Accused Dalip led them to the back side of his house in the field of wheat and produced one blood stained danda. FSL team inspected the same and handed over to the IO. The danda was wrapped in a piece of cloth, sealed with the seal of SSY and given Ex.No.1A. It was seized vide memo Ex.PW17/D. The crime team left at about 6 pm. Thereafter, accused led them to North east corner of the said plot near the wall and produced one thin danda with which he gave beating to Ramanand outside the room. It was also wrapped in a cloth, sealed with the seal of SSY, given Ex.No2A and seized vide memo Ex.PW17/E. Accused led them to the room of his house and got recovered one hammer having wooden handle. The hammer was found smeared with mud. The hammer was handed over to the IO. He wrapped it in the clothe and gave it Ex.No.3A and seized vide memo Ex.PW17/F. Thereafter, accused led them to the north west side corner where one black colour half sleeves T-shirt was lying on the grass and one blue colour pyjama having yellow stains. The said T-Shirt was found having white colour words printed on it T-20 IIC World Twenty 20 India 2016. Both the T-
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shirt and Pyjama were wrapped in a cloth piece given Ex.No4A and seized vide memo Ex.PW17/G. The witness has identified the accused and also the case property.
25. During cross-examination he deposed that he accompanied the Inspector B.R. Meena from the beat area of Nangli Poona on 17.03.2017. Inspector B.R. Meena met him at about 3 or 4 pm. He does not remember if they also visited the place where dead body was found. He does not remember the distance between the house of accused Dalip and the place where dead body was found. Vijay, Abhishek and Rajeev met them at the spot along with the accused. Abhishek and Rajeev met them at Nangli Poona at about 3-4 pm. Thereafter, IO directed them to reach the spot and that is why they reached the spot. He does not know by which mode of conveyance Abhishek and Rajeev reached the spot. He remained at the spot for about 1½ hours to 2 hours. He does not know if IO recorded the statement of Abhishek and Rajeev on the spot on 17.03.2017. B.R. Meena recorded the statement of witness Vijay in his presence at about 5:30 or 6:00 pm. He does not remember if he signed any document on the spot. He denied the suggestion that no recovery was effected at the instance of accused or that the case property was planted upon the accused.
26. Lady Ct. Sneh Lata was examined as PW-12. On State Vs. Dalip etc. SC No.370/17 :: 18 ::
16.03.2017 she was posted at CPCR Police head quarter and was working on extension No.111. On that day at 11:56:04 hours he received information from mobile No.7210439476 that "ek Aadmi ka murder ho gaya hai, Kadipur Guru sagar Gau Shala samney wali gali mein, Azad farm wali gali mein". She dispatched this information at 12:00:04 hours to the control room. She proved the PCR form No.1 as Ex.PW12/A. The testimony of this witness has gone unchallenged and uncontroverted.
27. Inspector Manohar Lal was examined as PW-13. He proved the scaled plan of the scene of crime as Ex.PW13/A. The testimony of this witness has also gone unchallenged and uncontroverted.
28. Women ASI Hemlata was examined as PW-14. She deposed that on 16.03.17 W HC Surender Kaur was working as duty officer. On that day at about 12 noon wireless operator informed that one person has been murdered in Azad Farm wali gali in front of Goshala, Kadipur, Gurusagar. This information was given to SI Sajjan Singh, who left for the spot with Ct. Ajmer. SHO was also informed in this regard. DD no.14 A was recorded. Copy of which is proved as Ex.PW-14/A.
29. She further deposed that on 17.03.17 at about 12.45 PM while she was working as duty officer, SI Sajjan Singh State Vs. Dalip etc. SC No.370/17 :: 19 ::
handed over the rukka to him. He got the contents fed in the computer through computer operator W.Ct. Suman. She recorded DD no.16A regarding registration of FIR. Copy of the DD is proved as Ex.PW-14/B. She proved the computer generated copy of FIR as Ex.PW-14/C. Endorsement on the rukka is proved as Ex.PW-14/D. Copy of FIR was sent to the Sr. Police Officials and the area MM through Ct. Sunil. DD no.17A was recorded in this regard. Copy of DD is proved as Ex.PW-14/E. The certificate under Sec.65 B Evidence Act is proved as Ex.PW-14/F.
30. At 2.10 PM Inspector B.R.Meena on telephone asked her to send SI Sajjan Singh and Ct. Ganesh to the spot. She accordingly directed SI Sajjan Singh and Ct. Ganesh to reach the spot. She recorded DD no.18A in this regard and proved the copy of the same as Ex.PW-14/G.
31. Ct. Amit was examined as PW-15. He was working as photographer with the crime team, which visited the scene of crime on 16.03.17. He took 16 photographs of the scene of crime from different angles with digital camera. The photographs are proved as Ex.PW-15/A-1 to A-16. The certificate under Sec.65 B Evidence Act is proved as Ex.PW- 15/B. The CD is proved as Ex.PW-15/C.
32. HC Sanjay was examined as PW-16. He was working as MHC(M). He proved the entries in register no.19 as State Vs. Dalip etc. SC No.370/17 :: 20 ::
Ex.PW-16/A to PW-16/D. The entries in register no.21 were proved as Ex.PW-16/E, F and G. The copy of the acknowledgment received from FSL is proved as Ex.PW- 16/H. The testimony of the witness remained unchallenged and uncontroverted.
33. Vijay was examined as PW-17. Accused Geeta is his maternal aunt(Mossi). Accused Dalip is his uncle (Mossa) and accused Mohan is his maternal uncle. On 17.03.17 at about 5 AM he was lifted from his house by the police official namely Sajjan Kumar and other police officials. He was put in the gypsy. His brother Vinod asked police as to why they are taking him on which the police informed his brother that they would release him after some time. He was taken on the roof of the PS and asked to sign on blank papers. He told that he does not know how to sign and can put his thumb impression. Police officials twisted his fingers by putting pen in between. He was beaten by the police. Police has also taken Rs.3575/- which was in his wallet. He told the police that he would narrate all these facts to the court on which police threatened him to implicate him and his family members in criminal cases. Police tutored him and then he was produced before the court. He narrated all those facts before the court as tutored by the police. He did not tell the judge about the atrocities committed on him by Sajjan Kumar State Vs. Dalip etc. SC No.370/17 :: 21 ::
and the other police officials because Sajjan Kumar threatened him that if he told those facts to the Judge, the police would beat him mercilessly. He was kept in the PS for 4-5 days before his statement was recorded. Police used to call him in the morning at 9.00 AM and allow him to go home at about 11 PM only. He was permitted to take only one meal daily. He was compelled to visit the PS for 18 days regularly. Police official Sajjan Kumar and 8 police officials used to beat him regularly. 4 other persons used to visit the PS in plain clothes asking the police to beat him.
34. He was cross examined by Ld.APP but he did not support the prosecution case at all. He was confronted with his statement Ex.PW-17/A but of no avail. He also denied that recovery was effected in his presence or the accused persons were arrested in his presence.
35. Ld. MM Sh. Anuraag Dass was examined as PW-18. He proved the statement of Vijay recorded under Sec.164 Cr.PC as Ex.PW-17/B.
36. Surjeet Singh was examined as PW-19. On 09.05.17 he collected 14 parcels and two sample seals from MHC(M) vide RC no.80/21/17 to deposit the same in FSL Rohini. After depositing the case property in FSL, he obtained the receiving and handed over the same to MHC(M) on return to the PS. No body tampered with the case property till the State Vs. Dalip etc. SC No.370/17 :: 22 ::
same remained in his possession.
37. During cross examination by ld. APP he stated that he had also taken one sealed wooden box and a sample seal to FSL vide RC 81/21/17. The testimony of this witness remained un controverted.
38. Ct. Salochna was examined as PW-20. On 19.03.17 she joined the investigation of this case with SI Sajjan Singh and HC Ganesh. They went to khasra no.712, Azad Farm wali gali, Kadipur, Delhi with Vijay. One lady namely Geeta was identified by Vijay. Vijay also identified Mohan. IO interrogated Geeta and Mohan. Mohan was arrested. Geeta was arrested vide memo Ex.PW-10/A. She conducted her personal search vide memo Ex.PW-10/B. Geeta also made the disclosure statement Ex.PW-10/C. Geeta also pointed out the place of occurrence vide pointing out memo Ex.PW- 10/G. She identified both the accused.
39. During cross examination by the defence, she deposed that they left the PS at about 9.10 AM in car. They remained on the spot for about 2 hours. 3-4 documents were prepared at the spot by SI Sajjan. She denied the suggestion that she did not join the investigation or that no documents were prepared in her presence.
40. Dr. Surender Kaur, from RFSL Chankya Puri was examined as PW-21. She examined the exhibits of the case State Vs. Dalip etc. SC No.370/17 :: 23 ::
and also conducted the DNA finger printing. According to the DNA profiling, the DNA isolated from the source Ex.1 (Dari), Ex.3 (danda), Ex.5 (Hathodi), Ex.8 (brick) and Ex.10 (blood gauze SOC) is similar to the DNA profile of Ex.13 (blood in gauze of deceased Ramanand). She proved the report as Ex.PW-21/A. The testimony of the witness remained unchallenged and uncontroverted.
41. Ms.Imrana, Sr. Scientific Officer Biology, FSL, Rohini was examined as PW-22. She deposed that on 16.03.17 on receipt of call, she along with Ms.Sonali Pandey went to Guru Sagar Goshala, Azad farm. There was one room in the open area. The blood was detected on the quilt and matress which she handed over to the police. She proved her report as Ex.PW-22/A.
42. On 17.03.17 on receipt of call, she along with Ms. Sonali Pandey and Sh.Mehtab Lab Attendant reached one room at Swaroop Nagar. She inspected the scene of crime thoroughly. One blood stained brick piece and the blood stained earth material were lifted from outside the room and handed over to the IO. Inside the room also there was blood which was also lifted with gauze and handed over to the IO. Two blood stained t-shirts were lifted from inside the room and handed over to the IO. One blood stained wooden stick was lifted from the open area and handed over to the IO. She State Vs. Dalip etc. SC No.370/17 :: 24 ::
proved her detailed report as Ex.PW-22/B. The testimony of this witness has gone unchallenged and uncontroverted.
43. SI Sajjan Singh was examined as PW-23. He deposed that on 16.03.17 after receiving DD no.14 A Ex.PW-14/A he along with HC Ajmer reached in front of Azad Farm wali gali. There was a plot measuring 100 sq.yards and in north west corner of that plot there was a room measuring 10 x 10. The door of the room was found open. One person was found lying dead on a bed sheet lying on parali. The dead body was identified as of Ramanand by the neighbors. Crime team was called. Crime team inspected the scene of crime. The photographer took the photographs of the scene of crime. The dead body was shifted to BJRM hospital through HC Ajmer Singh. He prepared application Ex.PW-23/A for preservation of the body. No eye witness was found either on the spot or in the hospital. FSL team was called on the spot. Blood was found on the quilt and the mattress by the FSL team. He put the quilt and mattresses in two different cloth parcels, sealed the parcels with the seal of SSY and given Ex.no.1 and 2. Both the pullandas were seized vide memo Ex.PW-10/J. One pair of black colour plastic chappal having mud was found in the room. The pair of chappal was lifted and put in an envelope. The envelope was sealed with the seal of SSY and given no.3. The envelope was seized vide State Vs. Dalip etc. SC No.370/17 :: 25 ::
memo Ex.PW-10/K. He returned to the PS and deposited the exhibits in malkhana. As no eye witness was found, therefore DD no.14A was kept pending.
44. On 17.03.17 he recorded the statement of Sajjan, Watchman Ex.PW-23/B, Vijay Chauhan Ex.PW-23/C and Kamal Singh Rana father of deceased Ex.PW-23/D. He prepared brief facts Ex.PW-23/E. Filled form 25.35 Ex.PW- 23/F. He recorded statements of Rajiv and Abhishek Ex.PW- 3/A and PW-4/A regarding identification of dead body. He moved application Ex.PW-23/G for post mortem. After the post mortem hospital gave him one wooden box, white envelope and a pullanda duly sealed along with sample seal which he seized vide memo Ex.PW-9/B. The relatives of the deceased refused to take the dead body. The cremation was carried out by HC Ajmer at Crematorium at Sarai Kale Khan vide receipt Ex.PW-9/A. He made endorsement Ex.PW-23/H on the DD itself and got the FIR registered. Further investigation was assigned to Inspector B.R.Meena.
45. He along with HC Ganesh reached khasra no.712, Azad farm house wali gali, Kadi Pur, Delhi where IO, Ct. Subhash, Abhishek, Rajiv and Vijay met them. Dalip was in custody of IO. He corroborated the testimony of PW-11. Accused Dalip also pointed out the place of occurrence vide memo Ex.PW-23/J. He also corroborated the testimony of State Vs. Dalip etc. SC No.370/17 :: 26 ::
PW-17 and PW-10. He identified the accused persons and also the case property.
46. During cross examination, he stated that he was in the PS when he received DD no.14A. He reached the spot at about 12.30 PM. The area of plot was about 1000 sq.yards. SHO along with staff reached at about 12.45 PM. No writing work was done till 2 PM. He went to BJRM hospital along with the dead body and returned to the spot at about 3.15 PM.
47. On 17.03.17 he reached the spot at about 9 AM and second time at about 2.30 PM. In the first visit he recorded the statement of Sajjan Singh, Kamal Singh and Vijay. He reached the spot second time on the direction of duty officer. HC Ganesh accompanied him to the spot. Vijay, Abhishek and Rajiv were also present at the spot. Vijay, Abhishek and Rajiv remained there till 6.30 PM. He does not remember if IO obtained signature of Abhishek and Rajiv on any document. He denied the suggestion that Abhishek and Rajiv were not present on the spot on 17.03.17 and that is why their signatures are not there on the seizure memos. Statement of Vijay was recorded in his presence by Inspector B.R.Meena at about 6 PM on laptop in the house of Dalip. FSL team did not sign the seizure memo. His seal remained with B.R.Meena after use.
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48. On 19.03.17 they remained at the spot from 9 AM till 2.15 PM. He denied the suggestion that no recovery was effected at the instance of Dalip and Mohan or that case property was planted upon the accused persons.
49. Inspector B.R.Meena was examined as PW-24. He corroborated the testimony of PW-23, PW-10, PW-11 and PW-17. He also got recorded the statement of Vijay under Sec.164 Cr.PC. He sent the case property to FSL and collected the FSL results. He got prepared the scaled site plan of the scene of crime. He obtained the subsequent opinion from the Autopsy Surgeon. He identified the case property and also the accused persons.
50. During cross examination by the defence, he stated that he reached the spot at about 12.30 PM and remained there till 5 PM. They did not visit the house of Dalip on 16.03.17.
51. On 17.03.17 he reached the spot at about 2 PM. First of all Vijay and Abhishek were called on the spot. Later on Subhash and Sajjan also reached there. SI Sajjan and other staff reached there at about 2.15/2.30 PM. He remained at the spot till 7 to 8 PM. Vijay, Abhishek and Rajiv were relieved from the spot at about 6.30/7 PM. At the time of recovery of danda, FSL team officials and Vijay were present. The seizure memo was not signed by FSL officials.
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He did not visit the scene of crime on 18.03.17. He denied the suggestion that he threatened and pressurized Vijay to give false statement under Sec.164 Cr.PC. He denied the suggestion that no investigation was conducted in the presence of Vijay, Sajjan, Abhishek and Rajiv or that all the proceedings were conducted while sitting in the PS.
52. W/HC Surender Kaur was examined as PW-25. She recorded DD no.14A on 16.03.17 after receiving information. She proved the copy of the same is Ex.PW-14/A.
53. Thereafter, prosecution evidence was closed. Statement of accused persons were recorded under Sec.313 Cr.PC where they denied the entire evidence and stated that they have been falsely implicated. They did not wish to lead evidence in defence. Thereafter, the case was fixed for final arguments.
54. I have heard the Ld. Addl.PP for state, Ld. Defence counsel for accused persons and perused the record.
55. The present case is based upon testimony of eye witness namely Vijay examined as PW-7. He did not support the prosecution case at all. Rather he leveled serious allegations against the police that he was beaten and forced to stand as witness against the accused persons. He stated that he had not seen any thing and Ramanand was beaten by accused persons in his presence. There is no other eye State Vs. Dalip etc. SC No.370/17 :: 29 ::
witness who can link the accused persons with the commission of offence.
56. The prosecution also intend to establish the guilt of accused persons on the basis of following circumstances. Circumstance of last seen.
Recovery of the blood stain clothes and blood from the house of accused.
Recovery of the weapon of offence.
57. I take up the circumstances one by one.
Circumstance of last seen.
58. According to the prosecution the deceased was lastly seen in the company of accused Dalip and Geeta by Abhishek and Rajiv. Witness Rajiv has been examined by PW-3 and Abhishek has been examined as PW-4. Both of them have not supported the prosecution case. They were cross examined by ld. APP but of no avail. In fact they stated that they reached the room of Ramanand and found him lying on the ground covered with the blanket. When they removed the blanket they found that Ramanand is unconscious. Thereafter they called Dalip and Geeta, who used to serve food to Ramanand. Family members of Ramanand were also informed but they refused to come. It was Geeta, who informed the police at 100 number from mobile phone and thereafter the police came and removed State Vs. Dalip etc. SC No.370/17 :: 30 ::
the body of Ramanand to hospital. Onus was upon the prosecution to establish that deceased was lastly seen alive in the company of Dalip and Geeta but prosecution has failed to prove the same. The two witnesses examined by prosecution have not supported the prosecution case in this regard. Therefore, in my opinion this circumstance is not proved.
Circumstance of Recovery of blood stained clothes and blood.
59. The other circumstance which the prosecution intend to prove is that in the room of Dalip the blood was found and Dalip also got recovered the clothes of the deceased Ramanand. The clothes of the deceased Ex.PW-24/Article 1,were seized vide memo Ex.PW-17/G. The blood was also found in the room of Dalip which was lifted with the help of gauze from the room of Dalip which was seized vide memo Ex.PW-11/D and the t-shirt of the accused which he was wearing at the time of incident and was found to be blood stained. It is important to note that the witnesses in this regard are SI Sajjan Singh examined as PW-23 and Inspector B.R.Meena examined as PW-24. Vijay is also witness with respect to the recovery of clothes of Ramanand. Vijay has not supported this recovery. He was cross examined by Ld. APP despite that he did not said any thing State Vs. Dalip etc. SC No.370/17 :: 31 ::
with respect to any recovery. According to the prosecution this recovery was effected in presence of FSL team and at that time Vijay, Abhishek and Rajiv were also there. According to the story, this recovery was effected at the instance of Dalip. There is no signature of Vijay, Rajiv and Abhishek on the memo Ex. PW-11/D and PW-11/E. There is no explanation as to why Vijay, Rajiv and Abhishek were not joined at the time of recovery, though they were present there as deposed by PW-23 as well as PW-24. Even the Incharge Prosecution Ms. Imrana examined as PW-22 had not mentioned in her report that these exhibits were got recovered by the accused, rather it is mentioned that FSL team lifted the exhibits from the scene of crime. Keeping in view all these facts and the fact that despite availability of public witnesses no public witness was joined by the police raises doubt about the truthfulness of the story of prosecution. It is also important to note that according to the story of prosecution Rajiv and Abhishek were there when the dead body was recovered. According to the story they had seen Ramanand at the house of Dalip with Dalip. From this it is clear that police was already knowing about the house of Dalip but surprisingly despite that they did not make any effort to search at the house of Dalip. The case of prosecution is that Dalip got the place of occurrence washed State Vs. Dalip etc. SC No.370/17 :: 32 ::
from Mohan, despite that blood stains were lifted from the floor which does not seem to be possible. The t-shirt of the accused and the clothes of the deceased allegedly got recovered by Dalip were sent to FSL for analysis. The report is Ex.PW-21/A. According to the report, it can not be ascertained that the blood found on the t-shirt was of the deceased and even on the clothes which were allegedly worn by deceased at the time of incident were not having blood of deceased. According to the story Abhishek and Rajiv had lastly seen the deceased in the company of the accused. These clothes have also not been identified by them that these are the same clothes which the deceased was wearing at the time they have seen him alive in the company of the accused. The onus was on the prosecution to prove that this recovery was effected at the instance of accused which the prosecution has miserably failed. Circumstance of recovery of weapon of offence
60. Prosecution case is that accused Dalip also got recovered one hammer Ex.MO-6, one danda from the wheat field Ex.MO-4 and one danda from the North East corner of the plot where his house is situated Ex.MO-5. Again at this time also public witnesses Vijay, Abhishek and Rajiv were there. Even FSL team was there but none of them is a witness to the recovery except the two police official i.e. SI State Vs. Dalip etc. SC No.370/17 :: 33 ::
Sajjan Singh and Inspector B.R.Meena. It is important to note here that witness Vijay PW-17 has leveled serious allegations against SI Sajjan Singh and the other police officials. There is no explanation as to why they had not joined Vijay, Abhishek and Rajiv at the time of recovery despite the fact that they were present there. Though the prosecution alleges that it was Dalip, who lifted the danda from the field situated behind the room of Dalip but according to the FSL report, it was the FSL team which lifted this danda from there.
61. Again it was in the knowledge of police on 16.03.17 itself that Ramanand was lastly seen at this place with Dalip as per the story. No efforts what so ever was done by the IO to search this place on 16.03.17 or thereafter. In fact according to the story till the registration of FIR i.e. 12.45 PM on 17.03.17 they were not having any clue but immediately thereafter police also recorded the statement of Vijay, Abhishek and Rajiv. It is important to note that Abhishek, Rajiv and Vijay were with the police even before that as Abhishek and Rajiv also identified the dead body vide memo Ex.PW-3/A and PW-4/A and as reflected in Ex.PW-23/G. As per the record, the post mortem started at 11.45 AM meaning thereby that before that they were knowing the place of occurrence but it was only in the evening of 17.03.17 that State Vs. Dalip etc. SC No.370/17 :: 34 ::
also only after Dalip was arrested. All these facts creates doubt regarding the truthfulness of the story of prosecution, particularly when the public witness is available have not been joined and there is no explanation for non joining of those witnesses. In my opinion the onus which was upon the prosecution has not been discharged.
62. There is also charge against Mohan that he got recovered one mop/t-shirt used for cleaning the room for destroying the evidence. The seizure memo of the t-shirt is Ex.PW-10/I. There are three witnesses to this recovery HC Ganesh PW-10, Vijay PW-17 and Inspector B.R.Meena PW-
24. Vijay has not supported this recovery at all. Rather he leveled serious allegations against the police as mentioned earlier. Only two police officials remained i.e. HC Ganesh and Inspector B.R.Meena. No blood was detected on this t- shirt as per the FSL result Ex.PW-21/A, hence the same can not be linked with the commission of offence. The recovery of mop is also doubtful as the only public witness has not supported this recovery.
63. Keeping in view the above discussions, in my opinion, the prosecution has failed to prove the guilt of the accused persons. The only eye witness has not supported the prosecution case. The circumstances are also not established. The chain of circumstances is not complete. The State Vs. Dalip etc. SC No.370/17 :: 35 ::
onus which was on the prosecution is not discharged. Keeping in view all these facts, all the three accused are acquitted. Accused Dalip be released on bail on furnishing bond of Rs.20,000/- under Sec.437A Cr.PC with one surety. Accused Geeta and Mohan are also directed to furnish the bond of Rs.20,000/- under Sec.437 A Cr.PC. File be consigned to Record Room.
Announced in the open court (VIRENDER KUMAR BANSAL) today on 23.01.2018 ASJ/Pilot Court/North District Rohini Courts/New Delhi.
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