Delhi District Court
State vs Hari Prakash Etc. Fir No.166/08 1 To67 on 16 September, 2014
IN THE COURT OF MR. UMED SINGH GREWAL
ASJ/SPECIAL JUDGE (NDPS)
NORTH DISTRICT:ROHINI COURTS:DELHI
SC No.103/11
FIR No. 166/08
P. S. Maurya Enclave
U/S 302 IPC
State
Vs.
1. Hari Prakash @ Kala s/o Mehar Singh
R/o gali no.10, Sanjay Colony, Samboli Road,
Narela Delhi
2. Pawan Bajaj @ Pamma
s/o Sh. Ram Chand Bajaj
R/o C3/129, Sector 11,
Rohini, Delhi
Date of institution of the case : 12072011
Date when final arguments concluded: 11.09.2014
Date of pronouncement of judgment : 16092014
Appearances: Mr. Ashok Kumar, APP for the State.
Mr. Pradeep Rana, counsel for accused.
JUDGMENT
1. Both accused have been forwarded by the police to face trial u/s 302/120B/34 IPC and u/s 25/27 Arms State vs.Hari Prakash etc. FIR No.166/08 1 to67 Act. Third accused Satish Dabas(PO) is still at large.
2. Facts are that on 20.12.2008 at 9.10 P.M. on coming to know of registration of DD No.18A to the effect that a person had been shot at in the market, Income Tax Colony, Pitam Pura, SHO Ram Sunder along with Ct. Ravinder reached the spot where they found a red Maruti Swift car No.DL08CH7623 parked and its front window pane was broken due to gun shot. They came to know that injured had been taken to BSA hospital by PCR van. In the meantime, ASI Naresh Kumar also reached there and he was sent to BSA hospital by the SHO. Two empty cartridges of 7.6mm were found lying on the right side of the car on the road. Blood and glasses were also scattered. Right rear window was also having bullet mark. Insp. Yashpal Singh along with staff came there. They were left there for the preservation of the spot and SHO reached BSA hospital, obtained MLC of the victim Dhanpat Rai who was opined "brought dead". SHO inspected the body and noted two bullet marks on the chest, one on the right axillary area and one on right forearm. Abrasion marks were also there on the left knee. SHO returned State vs.Hari Prakash etc. FIR No.166/08 2 to67 to the spot. In the meantime, crime team had also reached the spot. When the car was moved ahead, a lead of bullet was found under the car. On the basis of above observation, rukka u/s 302 IPC was sent by SHO Ram Sunder to PS through Ct. Ashok Kumar.
Police developed the case that Praveen Gupta and Akash, sons of deceased Dhanpat Rai made statement that their father was doing property business with Satish Kumar Dabas and Pawan Bajaj and they expressed apprehension that they might have killed their father because Pawan Bajaj had borrowed Rs.97 lacs and Satish Dabas had borrowed Rs.50 lacs from their father and they were not making the payment of principal as well as interest. Police received information from PS Crime Branch on 27.11.2008 that they had apprehended a person, namely, Hari Prakash @ Kala with a pistol and three live cartridges and that he had made disclosure statement about his complicity in the present case. Hari Prakash was arrested and he confessed that he had shot dead Dhanpat Rai as he was promised by Satish Dabas and Pawan Bajaj Rs.10 lacs in lieu. Also, the pistol and eight cartridges were provided State vs.Hari Prakash etc. FIR No.166/08 3 to67 to him by Satish Dabas. He purchased a new Pulsar bike on 10.12.2008. Face and car of Lala Dhanpat Rai were shown to him in the office of Pawan Bajaj by Pawan Bajaj and Satish Dabas. Thereafter, accused Pawan Bajaj was arrested. Witness Praveen Gupta identified Hari Prakash saying that he had seen him with accused Pawan Bajaj and Satish Dabas in the office of Pawan Bajaj which is near to his office. Motive of the crime was that accused Pawan Bajaj and Satish Dabas had borrowed a huge amount from deceased on interest @ 36% p.a. They were unable to pay the interest and principal and so, they chose easy way to come out of financial crunch and in that way, Dhanpat Rai was liquidated.
3. Charge u/s 120B, 302 IPC was framed against the accused on 24.08.2009. Additional charge against accused Hari Prakash is u/s 27 Arms Act. Both accused claimed trial.
4. In order to substantiate the charge, prosecution examined as many as forty three witnesses. Accused examined only one witness, namely, Mr. Vishram Singh, Ahlmad as DW1 and he proved the acquittal of accused State vs.Hari Prakash etc. FIR No.166/08 4 to67 Hari Prakash @ Kala in Arms Act arising from FIR No.47/2008, PS Crime Branch.
5. PW28 proved PCR form as Ex.PW28/A by deposing that on 20.12.2008 at 9:15:21 P.M., information was received by lady Ct. Archana from mobile phone No.9811716177 that a person had been shot at in the main Subzi Market of Income Tax Colony, Pitam Pura by some persons. PW11 retired ASI Moti Lal deposed that he was posted as PCR Commander, on PCR van No.C29. On 20.12.2008, on receipt of call he reached Outer Ring Road, Income Tax Colony, Pitam Pura and found a Maruti Swift Car No.DL8CH7623 in damaged condition due to gun shots. He further deposed that a person with two bullet injuries was lying on the footpath and his name later came to be known as Dhanpat Rai. He took him to BSA hospital but he was declared "brought dead". He returned to the spot and on his pointing out, rough site plan Ex.PW11/A was prepared by the IO. PW5 HC Rajender Singh was duty officer on 20.12.2008 when he received information at 9.10 P.M. from wireless operator that a person had been shot in the market of Income Tax Colony, Pitam State vs.Hari Prakash etc. FIR No.166/08 5 to67 Pura and so, he registered DD No.18A Ex.PW5/A, handed over the same to Ct. Ravinder to handover to ASI Naresh. SHO was also apprised of the facts and so, the SHO left the PS for the spot. He further deposed that on the same day at 11.55 P.M., he registered case FIR Ex.PW5/B on receipt of rukka from Ct. Ashok sent by Insp. Ram Sunder. He handed over copy of FIR and original rukka to Ct. Ashok. Copies of FIR were sent to the senior police officials as well as Ld. Area M.M. through Ct. Govind. PW27 Ct. Govind Singh deposed that on 21.12.2008, DO handed him over copies of case FIR which he delivered to the Ld. M.M. and senior police officials at their houses. For that purpose, he had left PS at 12.55 A.M. and returned at 3.05 A.M. PW6 HC Mahender Singh was one of the member of the crime team headed by SI Matadin Meena which reached the spot on 20.12.2008. He clicked thirteen snaps Ex.PW6/A1 to A13 of the car and the spot from different angles and handed over the photographs to the IO. Negatives are collectively Ex.PW6/A14. PW10 SI Narender was finger print expert in the crime team. He deposed that on 20.12.2008, on receipt of message, State vs.Hari Prakash etc. FIR No.166/08 6 to67 he along with Incharge SI Matadin and photographer Ct. Mahender reached the spot. He lifted chance print from the driver side window of Swift car No.DL8CH 7623. He prepared the report Ex.PW10/A and handed over to the IO. PW9 SI Matadin deposed that on 20.12.2008 on receipt of information from SHO, he along with ASI Narender and Ct. Mahender reached the spot. He noticed that driver side window pane of the car No.DL8CH7623 was broken and there was a bullet hole in that window. Another bullet hole was on the right rear window. Three empty cartridges of 7.6mm were lying near the car. A lead piece of the bullet was lying beneath the car. He prepared report Ex.PW9/A and handed over to the IO.
PW19 Dr. N.K. Singh deposed that on 20122010 at 9.30 PM, Dhanpat Rai was brought in the BSA hospital in PCR van by ASI Motilal with the history of gun shot injuries. The patient was unconscious, pulse was not palpable, BP was unrecordable, there was no respiratory and heart sound, pupils were dilated, EGC line was straight and hence patient was declared dead after preparing MLC Ex.PW19/A. He further deposed State vs.Hari Prakash etc. FIR No.166/08 7 to67 that he handed over to IO a pullanda containing one white full sleeve shirt, blue half sleeve pullover and a white sleeveless vest of the deceased. Personal belongings recovered from the clothes of the deceased were given to PCR officials. ld. defence counsel Mr. Pradeep Rana made statement on 04092012 that he was admitting the PMR of the deceased prepared by Dr. Kulbhushan, opinion on cause of death, internal exploration of injuries and their tracks and hence postmortem report was exhibited as Ex.PAdv.2 and internal exploration of all injuries with their tracks has been exhibited as Ex.PAdv.3. He did not dispute the PCR form and hence same was exhibited as Ex.PAdv.1.
6. PW20 Tarun Khurana is the Nodal Officer and he brought the record of mobile phone No.9818515625. He deposed that the said connection was released in the name of Rambir s/o Ram Chander r/o H. No.570, Mohalla Chabbarwala, Pooth Khurd, Delhi on the strength of driving licence and identity card issued by Delhi Police. CAF and the ID documents are Ex.PW20/A1 to A7. CDRs of the said form from 0112 2008 to 25122008 running into 22 pages are State vs.Hari Prakash etc. FIR No.166/08 8 to67 Ex.PW20/C. PW21 Sanjeev Lakra is again Nodal Officer of Reliance Communication Ltd., and he proved the record of mobile phone No.931119208. That phone number was released to Shivani Narula on the basis of her bank statement. CAF and bank statements are Ex.PW21/A to A3 and CDR from 01122008 to 2112 2008 are Ex.PW21/C. PW34 M.N. Vijayan Nodal Officer of TATA Teleservices proved scanned CAF and CDRs of mobile phone No.9213419208. Original CAF was not found available with the telecommunication company as the same was lost and in this regard the company got registered NCR No.636/12 dated 24052012 PS New Friends Colony vide report Ex.PW34/D. The scanned CAF is Ex.PW34/F. This witness deposed that said phone number was released in the name of accused Pawan Bajaj.
PW2 and PW15 proved the bank statements of accused Satish Dabas (PO). PW4 Devdutt is working as DSA in Axis bank, Najafgarh Branch, Delhi. He deposed that account No.360010100034724 was opened by Satish Kumar s/o Ram Chander. He handed over the record of that account to the IO which was seized vide State vs.Hari Prakash etc. FIR No.166/08 9 to67 memo Ex.PW4/A and seized documents are Ex.PW4/B1 to B8. The documents include bank statement, account opening form, copy of identity proof and MTNL bill submitted by accused Satish Kumar (PO) at the time of opening of account. He further deposed that four cheques Ex.P1, Ex.P2, Ex.P3 and Ex.P4 were issued by Axis bank in the name of accused Satish Kumar (PO). PW15 Sandeep Yadav is Assistant Manager in Axis bank, Najafgarh Branch, Delhi. He deposed that account No.360010100034724 was opened by accused Satish Kumar (PO) in Najafgarh Branch of Axis Bank on 04122007. He proved the statement from 04122007 to 18012012 as Ex.PW15/A. Like PW4, he deposed that cheque Nos.052428,052429,052431 and 052432 Ex.P1, Ex.P2, Ex.P3 and Ex.P4 respectively were issued by his bank to Satish Kumar.
PW13 Sanjay Mittal is the brotherinlaw (sala) of deceased Dhanpat Rai and he identified the dead body of his jija vide identification statement Ex.PW13/A. PW18 Mr. Vijay Kumar is manager in M/s J.S. Automobiles, Authorised dealer of Bajaj motorcycles. He deposed that as per record of his office, black pulsar State vs.Hari Prakash etc. FIR No.166/08 10 to67 motorcycle No.DL8SNC 2120 was purchased by accused Hari Prakash on 10122008 from his agency vide invoice Ex.PW18/A. Registration certificate was issued in the name of Satish Kumar on 24042009, superdginama is Ex.PW18/B. PW31 SI Manohar Lal prepared rough site plan Ex.PW31/A on the basis of rough notes and measurement taken by him on 0701 2009 from the spot at the instance of IO Ram Sunder.
7. PW2 Ct. Ravinder Kumar, PW3 Ct. Mukeem Javed, PW29 HC Usha Devi and PW33 SI Naresh are witnesses to the same effects. PW2 deposed that on 22 122008, on receipt of DD No.18 A from DO , he went to the spot Income Tax Colony, Outer ring road, where ASI Naresh Kumar PW33 and SHO PW38 were already present. Red Maruti Swift car No.DL8CH7623 was standing there in damaged condition due to bullet hit. Blood was lying scattered on the ground and four empty cartridges were also lying. He further deposed that ASI Naresh Kumar was sent by PW38 to BSA hospital and then he alongwith SHO also reached the hospital. IO collected the MLC and inspected the dead body having two bullet injuries on chest, one on right axillary area State vs.Hari Prakash etc. FIR No.166/08 11 to67 and one on waist. They returned to the spot. Three empty cartridges were lifted, kept in a plastic container, cloth pullanda was prepared which was sealed with the seal of RS and seized vide memo Ex.PW2/A. The lead of 4th fired cartridge lying beneath the damaged car was put into plastic container, cloth pullanda was prepared, seal of RS was affixed and was seized vide memo Ex.PW2/B. Blood stained earth and earth control were also lifted and sealed with the seal of RS and were taken into possession vide memo Ex.PW2/C. He further deposed that IO prepared rukka and sent Ct. Ashok to PS for registration of FIR who returned to the spot and handed over the copy of FIR and original rukka to the IO. In the meantime, crime team inspected the spot, took photographs and lifted chance prints. He further deposed that IO PW38 sent him to BJRM hospital with application for preserving the dead body for postmortem which was conducted on the next day. After postmortem the doctor handed over IO sealed pullandas containing clothes of the deceased, blood sample, sample seal, two bullets recovered from the body of Dhanpat Rai and the parcels were seized vide State vs.Hari Prakash etc. FIR No.166/08 12 to67 memo Ex.PW2/D. In answer to leading question by APP, PW2 replied that PW38 had prepared rough site plan on the pointing out of PCR official ASI Moti Lal. Maruti car was seized vide memo Ex.PW2/C, sketch Ex.PW2/F of three empty cartridges was prepared, broken glass pieces of driver side window of the damaged car were sealed with the seal of RS and seized vide memo Ex.PW2/G. He identified the three empty cartridges as Ex.P9, P10, PW11, earth control as Ex.P12, broken glass pieces as Ex./P13, blood stained earth as Ex.P14, blood sample collected from spot as Ex.P15, lead of fired cartridge as Ex.P16 and Maruti Swift car No.DL8CH7623 as Ex.P17. Testimony of PW3 Ct. Mukeem Javed is in two parts. First part relates to his visit to the spot after receipt of information about firing near a liquor shop BU Market, Pitam Pura. He was beat constable in that area. The other part is related to the collection of the documents from the second IO of FIR No.47/08 PS Crime Branch on 27122008. That portion of testimony shall be discussed later. PW33 SI Naresh Kumar had also reached the spot and he was sent to the hospital by PW38. He deposed that Dhanpat State vs.Hari Prakash etc. FIR No.166/08 13 to67 Rai was declared brought dead and the doctor handed him over one pullanda having seal of SG containing clothes of the deceased, sample seal which he took into possession vide memo Ex.PW33/A. Duty constable of the hospital handed him over personal search articles of the deceased including cash of Rs.24,340/, Samsung mobile phone, DL, bunch of keys, a ring and a paper which he took into possession vide memo Ex.PW33/B.
8. PW39 HC Bhagat Singh was working as MHC(M) in PS Maurya Enclave in the night intervening 20/21 122008. On that day IO PW38 deposited case property with him for which he made entry at serial No.93,94 ,95 in register no.19. He again made entry No.102 in register no.19 on 28122008 when PW38 deposited another case property with him. Some other property was deposited by PW38 with him on 01012009 for which he made entry No.49/09. He further deposed that Ct. Kanhiya deposited in malkhana motorcycle No.DL8SNC2120 on 15012009 for which he made entry No.63 Ex.PW39/A. On 06022009, he handed over eight sealed pullandas and two sample seals to Ct. Parma Ram vide RC No.11/21/09 Ex.PW39/B for State vs.Hari Prakash etc. FIR No.166/08 14 to67 deposit in FSL and after deposit, Ct. Parma Ram handed him over receipt acknowledgement Ex.PW39/C. PW37 HC Chand Ram was acting as MHC(M) in Crime branch, Nehru Place on 27122008 when SI Vijender Singh deposited with him two pullandas sealed with the seal of SCN alongwith FSL form and copy of seizure memo for which he made entry No.83 Ex.PW37/A in register no.19. On the same day, SI Vijender Singh deposited in malkhana a motorcycle No.DL8SNC2120 and personal search articles of accused Hari Prakash including Rs.250/ cash, Indicom mobile phone of black colour and he made entry against the main entry. He further deposed that two pullandas and FSL form having seals of SCN were deposited in FSL on 23012009 vide RC No.19/21/09 Ex.PW37/B through HC Sunil and after deposit HC Sunil returned him acknowledgment receipt Ex.PW37/C. These pullandas alongwith FSL result were brought in malkhana on 27072011 by Ct. Harbir Singh for which he made entry at point Y in register no.19 Ex.PW37/A. He next deposed that the motorcycle No.DL8SNC2120 was sent to PS Maurya Enclave on 15012009 through State vs.Hari Prakash etc. FIR No.166/08 15 to67 Ct. Kanhiya Pandey vide RC No.12/21/09 Ex.PW37/D. He did not tamper with the case property until it was in his possession. It is pertinent to mention that accused Hari Prakash @ Kale was first arrested by PS Crime Branch and three cartridges, a katta and a bike were recovered from him and that case property was also wanted in the case in hand. PW35 Parma Ram had deposited eight sealed pullandas, sample seal and FSL form in the laboratory on 06022009 and he did not tamper with the case property until it was in his possession.
9. PW40 Insp. Sharat Chander, PW22 HC Danvir Singh and PW26 HC Parmod are the witnesses related to FIR No.47/08 under Arms Act PS Crime branch in which accused Hari Prakash @ Kale was arrested first. PW40 deposed that on 26122008, Ct. Suresh alongwith informer came to his office at 12.00 AM to give tip off that the accused who had killed a person in the area of Maurya Enclave on 20122008 would come from Narela via GT Karnal road and would go towards Singhu Border on pulsar bike at 5.00 PM. After recording the secret information into writing, Insp.
State vs.Hari Prakash etc. FIR No.166/08 16 to67 Dhanpat Singh was informed who instructed him to proceed further and so he (PW40), alongwith Ct. Suresh, informer and PW22 HC Danvir Singh left the office at 1.00 PM in official Qualis No.DL6CJ0517 and reached Narela chowk, NH1 at 3.30 PM. He asked 8 10 public persons to join the forthcoming proceedings but they refused. Police officials took positions near the road at 4.30 PM. He further deposed that informer pointed towards a person at 5.15 PM who was wearing grey jacket and was riding pulsar bike No.DL8SNC 2120. Accused could not find the way to sneak and hence slowed down the bike and made the bike to fall on the road and started running but was apprehended by Ct. Suresh. On inquiry he disclosed his identity as Hari Parkash. A pistol was recovered from right pocket of his trouser and it was found containing three live rounds. He prepared sketch Ex.PW32/G of the pistol and rounds, filled up FSL form, made pullanda of the arms and ammunition, sealed the same with the seal of SCN and took into possession vide memo Ex.PW32/A. Seal after use was handed over to PW22. He further deposed that he prepared rukka Ex.PW32/F, handed State vs.Hari Prakash etc. FIR No.166/08 17 to67 over the same to PW22 for registration of FIR. PW22 returned to the spot after registration of FIR No.47/08 Ex.PW26/A PS Crime branch u/s 25 Arms Act. In the meantime second IO SI Vijender Singh came to the spot and he handed all the relevant documents to him as he had to further investigate the Arms act case. PW40 identified the pistol as Ex.P18, two live and one empty cartridges as Ex.P19 collectively.
PW22 HC Danvir Singh was with PW40 at the time of arrest of accused Hari Prakash and seizure of arm, ammunition and bike from him in FIR No.47/08. PW26 HC Parmod was working as DO in PS Crime Branch on 26122008. On that day at 10.05 PM, he registered FIR no. 47/08 Ex.PW26/A u/s 25/54/59 Arms Act on receipt of receipt of rukka brought by Ct. Danvir sent by SI Sharat Chander. Thereafter he made endorsement on the rukka regarding registration of FIR and lodged DD No.6 A about registration of FIR. PW32 SI Vijender is second IO of FIR No.47/08. He deposed that on 26122008 at 11.15 PM, on receipt of copy of FIR 47/08 from Ct. Danvir he reached at the spot as further investigation was assigned to him. On the spot, State vs.Hari Prakash etc. FIR No.166/08 18 to67 he met SI Sharat Chander, Ct. Suresh and HC Virender and accused Hari Prakash @ Kale. He further deposed that SI Sharat Chander produced before him relevant documents, sealed pullanda of pistol and cartridges, handed over custody of accused and black pulsar bike and seizure memo of the arm and ammunition. Documents of that case are Ex.PW32/A, Ex.PW32/B, Ex.PW32/C, Ex.PW32/D, Ex.PW32/E, Ex.PW32/F and Ex.PW32/G. He recorded the disclosure statement Ex.PW32/H of the accused in which he confessed having committed murder of Dhanpat Rai. After return to PS the case property was deposited in the malkhana and information of arrest of accused was forwarded to PS Maurya Enclave through inspt. D.P. Singh. PW36 HC Virender Singh was with the first and second IO of FIR No.47/08 in all proceedings.
PW29 HC Usha Devi was working as DD writer in PS Maurya Enclave on 27122008 when she received information at 12.40 PM from Insp. D.P. Singh, Incharge II, Chankaya Puri that accused Hari Prakash @ Kale was arrested in FIR No.47/08 and that he had confessed complicity in the murder of Dhanpat Rai. She State vs.Hari Prakash etc. FIR No.166/08 19 to67 recorded DD No.16 A Ex.PW29/A. PW24 HC Rishi Raj deposed that on 27122008, he alongwith IO PW38 and PW3 Ct. Mukeem Javed reached Crime branch office, Chankya Puri and met SI Sharat Chander, Ct. Suresh, Ct. Danvir and SI Vijender Singh. SI Vijender handed over all relevant documents of FIR No.47/08 to the IO and IO recorded their statements. They came to Rohini Courts where accused Hari Prakash @ Kale was produced by the official of PS Crime Branch. PW38 obtained permission of the court to interrogate the accused and recorded his disclosure statement Ex.PW3/J and thereafter accused was arrested and taken on two days police custody. He further deposed that accused Hari Prakash lead the police party to a road on the side of Japanese Park, Rithala Metro Station where accused Satish (PO) had called him and Twinkle Khatri (JCL) and had provided a pistol and 8 cartridges. Pointing out memo Ex.PW37/B was prepared. Thereafter accused lead the police party to the office of M/s Prime Properties, shop No.A1/9697, Sector11, Rohini and pointed out it as the office of accused Pawan Bajaj where deceased State vs.Hari Prakash etc. FIR No.166/08 20 to67 Dhanpat Rai was shown to him by accused Pawan Bajaj and Satish. Then he pointed out the place of murder and pointing out memo Ex.PW3/D was prepared. PW23 Ct. Kanhaya Pandey deposed that he went to PS Crime Branch, Nehru Place on 15012009, collected motorcycle No.DL8SNC2120 from the MHC(M) vide RC No.12/21/09 and deposited the same in the malkhana of PS Maurya Enclave. PW25 HC Balwan deposed that he visited M/s J. S. Automobiles, Safiabad road, Narela on 15012009 and collected photocopy of bill No.78/187088/0796 dated 12022008 of motorcycle No.DL8SNC2120 and produced the same before IO who seized it vide memo Ex.PW18/A. PW38 Insp. Ram Sunder was SHO PS Maurya Enclave when Dhanpat Rai was murdered. He got registered FIR by preparing rukka Ex.PW38/A. He deposed that Parveen Gupta and Akash Gupta sons of Dhanpat Rai came to PS on 21122008 and produced four cheques of Axis/UTI Bank stating that those cheques were given to his father Dhanpat Rai by Satish Dabas who had borrowed a sum of Rs.50 lacs from him. These cheques Ex.P1, Ex.P2, Ex.P3 and Ex.P4 were seized vide seizure memo State vs.Hari Prakash etc. FIR No.166/08 21 to67 Ex.PW1/C. On inquiry from the bank, the Axis bank confirmed that the cheques were issued by bank in the name of Satish. Documents furnished by the bank are Ex.PW4/B1 to B8 and Ex.PW4/C. On the same day, he collected inquest papers vide report Ex.PW38/C and moved application Ex.PW38/B for the autopsy. After postmortem the doctor handed him over pullandas containing clothes and blood sample of the deceased and two bullets recovered from the body. He deposited the case property with the MHC(M). On 27122008 he visited Crime branch office, Chankaya Puri, collected documents of FIR No.47/08 and recorded the statements of police officials of that FIR. Thereafter he returned to Rohini courts and moved application for interrogation of accused Hari Prakash who was to be produced by Crime branch. After due permission, the accused was arrested vide arrest memo Ex.PW38/F and his disclosure statement Ex.PW3/J was written. Thereafter accused pointed out a road near Japanese park where coaccused Satish (PO) had provided him a pistol and 8 live cartridges. He pointed out the property No.A1/9697, Sector11, Rohini as the office of State vs.Hari Prakash etc. FIR No.166/08 22 to67 accused Pawan Bajaj where Pawan Bajaj in the presence of Satish (PO) had given him Rs.70,000/ on 1012 2008 for the purchase of a motorcycle and on the same day Dhanpat Rai was also shown to him. He further deposed that witness Pawan Gupta came to PS Maurya Enclave on 29122008 and identified the accused Hari Prakash as the same person who was seen by him several times in the office of Pawan Bajaj. On that very day Pawan Gupta handed him over one saledeed of property No.B6/57, Sector11, two sale deeds of property Nos.B6/68, Sector11, three saledeeds of property Nos.G3(3) Sector11 Ist Floor and four photocopies of GPO of plot No.43, G7 Pocket, Sector 15, Rohini and those documents were seized vide memo Ex.PW1/A. He further deposed that JCL Twinkle Khatri was arrested at the instance of accused Hari Prakash on 28122008 who pointed out the place of murder and pointing out memo Ex.PW30/A was prepared. Thereafter, JCL Twinkle Khatri got recovered Rs.2000/ from his house claiming that that amount was given to him by accused Hari Prakash for driving the motorcycle at the time when Dhanpat Rai was shot dead. On 01 State vs.Hari Prakash etc. FIR No.166/08 23 to67 012009, on receipt of secret information about presence of accused Pawan Bajaj in his house, he alongwith staff reached there. Pawan was apprehended, brought to PS and interrogated. After interrogation he was arrested vide arrest and personal search memos Ex.PW38/G and Ex.PW38/H. From his personal search two mobile phones i.e one Samsung phone having Sim No.9213419208 and the other mobile phone of Classic having Sim No.93111192083 were recovered. His disclosure statement Ex.PW3/E was recorded. Then he lead the police party to his office and claimed that it was the same place where Lala Dhanpat Rai was shown by him to accused Hari Prakash @ Kale and that it was the same place where he had given Rs.70,000/ to Hari Prakash @ Kale for purchase of bike. Pointing out memo Ex.PW3/H1 was prepared. Next he deposed that proclamation u/s 82/83 CrPC were executed against accused Satish Dabas on 20032009 consequent to which he was declared PO. He got recorded statement Ex.PW1/D u/s 164 CrPC of PW1 Pawan Gupta before ld. MM Mr. Naveen Gupta. He recorded the statement of a person namely R.N. Nayar on 04072009. It is State vs.Hari Prakash etc. FIR No.166/08 24 to67 pertinent to mention that R.N. Nayar had made PCR call on 20122008 regarding murder. He further deposed that 8 sealed pullandas were sent to FSL through Ct. Parma Ram on 06022009. The pistol and cartridges recovered from accused Hari Prakash by Crime branch were already with the FSL as those were sent to it by the concerned IO. On the same day, he sent his quarries to the FSL for opinion in respect of pistol and cartridges recovered from accused Hari Parkash by Crime branch and two bullets recovered by postmortem doctor from the body of Dhanpat Rai. He collected the CDRs of the mobile phones of Satish Dabas (PO), Hari Prakash @ Kale, Pawan Bajaj and deceased Dhanpat Rai. He tendered in evidence the FSL report as Ex.PQ, PX & PY.
PW30 Ct. Surender Parsad is the witness to the arrest, pointing out and recovery proceedings of accused Twinkle Khatri on 28122008. Second portion of testimony of PW3 of Ct. Mukeem Javed is about arrest, disclosure, pointing out and recovery proceedings of accused Hari Prakash @ Kale on 2712 2008 and to the arrest, disclosure and pointing out State vs.Hari Prakash etc. FIR No.166/08 25 to67 proceedings of accused Pawan Bajaj dated 01012009.
10. PW12 Sh. Manish Sardana is a property dealer doing business in the name and style of M/s Mahalaxmi Properties. He deposed that he was mediator in the deal of property no. B6/5758, 2 nd Floor, Sector 11, Rohini, owned by Lalit Khanna of Paschim Vihar. Accused Pawan Bajaj was also dealer in that transaction and through Pawan Bajaj property was transferred in the name of a lady Priya Gupta w/o Pawan Gupta. Later he came to know that property was financed by Mr. Dhanpat Rai deceased who was fatherinlaw of Priya Gupta . Two sale deeds were executed in respect of that properties and he is witness to both sale deeds collectively Ex.PW7/B bearing his signatures at points Y and Z. PW1 Lalit Khanna was owner of property no. B 6/5758. He deposed that he sold that property to Pawan Bajaj on 02.04.08 but Pawan Bajaj got executed the property documents in the name of Priya Gupta. Though constructed jointly flats no. 57 and 58 were two different properties and hence, two sale deeds were executed and he identified his photographs at points Q & X and his signatures appearing at various points.
State vs.Hari Prakash etc. FIR No.166/08 26 to67 PW16 Priya Gupta is daughterinlaw of deceased Dhanpat Rai. She deposed that her fatherinlaw had lent Rs.80 lacs to accused Pawan Bajaj in 2008 @3% per month. Pawan Bajaj got executed the sale deeds of property nos. B6/57/58 owned by Lalit Khanna in her name on 02.04.08. She further deposed that documents were executed in her name as collateral security but actually the property was of accused Pawan Bajaj and he had undertaken to her fatherinlaw to pay the principal amount and interest @3% per month after sale of that property. She identified her photographs at points S1S2 and signatures at various points on sale deeds collectively Ex.PW7/B. PW42 Jayanti Sharma was owner of property no. G17/43, Sector 15 Rohini and she sold that property in 2008 to Savitri w/o Dharam Raj through Arun Batra. She identified her signatures on property conveyance deed Ex.PW41/A. PW43 Arun Batra used to deal in property in the area of Rohini in 2008. He deposed that a lady namely Jayanti Sharma was owner of property no. G17/43 and it was he who hammered out that transaction for deceased Dhanpat Rai but property was State vs.Hari Prakash etc. FIR No.166/08 27 to67 got registered in the name of Savitri, sister of Dhanpat Rai. He identified his signatures as witness on sale deed Ex.PW41/A. He was declared hostile and he denied the suggestion that it was he who had purchased the said property from Manoj Sharma and he further sold it to deceased Dhanpat Rai and accused Pawan Bajaj.
PW41 Smt. Savitri w/o Dharam Raj is elder sister of deceased Dhanpat Rai. She deposed that her brother and property dealer accused Pawan Bajaj had purchased property no. G17/43, Sect. 15, Rohini in 2008. Share of her brother was 75% and of accused Pawan Bajaj was only 25%. The property documents were prepared in her name for the security of lent money. She identified her signatures on sale deed Ex.PW41/A. Her photograph is at point "X".
11. PW7 Mr. Surender Taneja is another property dealer. In 20072008 he used to sit in the office of accused Pawan Bajaj at A11/9697, Sector 11, Rohini. He deposed that accused Pawan Bajaj purchased property no. B6/5758 with roof rights in Sect. 11, Rohini in 2008 from Lalit Khanna but property was financed by Dhanpat Rai by lending Rs.80 lacs to State vs.Hari Prakash etc. FIR No.166/08 28 to67 accused Pawan Bajaj. He further deposed that Dhanpat Rai was financier of the property dealers and going by the practice of property dealing and financing, he was getting executed the ownership documents in his or his family members name. He further deposed that accused Pawan Bajaj had taken a amount of Rs.80 lacs from Dhanpat Rai as loan at the interest of 3% per annum till the disposal of said property to some other prospective buyer. He identified his signatures at point A on sale deed Ex.PW7/B. This witness was also declared hostile and he stated it wrong that loan of Rs.80 lacs was to be returned within two months from the date of payment and in case of default, interest @ 3% per annum was payable. He further stated it wrong that accused Pawan Bajaj failed to return the loan amount within stipulated time and hence, he was paying interest @ 3% to Dhanpat Rai.
PW8 Krishan Kumar Dixit was driver of Dhanpat Rai. He deposed that Dhanpat Rai was basically a property dealer and used to finance money to other property dealers for purchase of property. Accused Pawan Bajaj used to run office of property dealership State vs.Hari Prakash etc. FIR No.166/08 29 to67 from the complex of Mr. Parveen Gupta who had married with dancer about 17 years ago and that is why, he was disowned by Dhanpat Rai and his family and hence, he was having grudge against his father. Praveen Gupta started visiting his father after 810 years of separation but Dhanpat Rai's second son Naveen Gupta objected to his visits. A person namely Satish who used to run property business by the name of M/s Rahul Properties situated at Poothkhurd was introduced by Parveen Gupta to his father and on Praveen Gupta's security, a huge amount was financed to Satish Dabas(PO) by Dhanpat Rai on interest @ 3% p.a.. He further deposed that Dhanpat Rai was having a disputed property in Yamuna Vihar and Parveen Gupta convinced his father that Satish Dabas (PO) was a notorious gangster and that he can get solved that property dispute and in this way Dhanpat Rai transferred property in the name of Satish Dabas. He further deposed that Dhanpat Rai had purchased a property in the name of his daughterinlaw Priya Gupta. He wanted Priya to sell that property but Priya's husband Parveen Gupta was not agreeing and due to State vs.Hari Prakash etc. FIR No.166/08 30 to67 that reason there used to be frequent quarrels between them. After sometime Satish Dabas started creating trouble and stopped making payment of interest and principal and Dhanpat Rai complained to his son Parveen Gupta who assured that everything would be alright. He further deposed that on one occasion Parveen Gupta had gone to accused Pawan Bajaj to collect interest on behalf of his father and that fact was objected to by Dhanpat Rai. On receipt of phone call on 05.12.08 from Satish Dabas, he accompanied Dhanpat Rai to the office of Parveen Gupta to collect money. Parveen Gupta was found already present there. Satish Dabas came after sometime with a bag of money and kept that bag in the car of Dhanpat Rai. When Dhanpat Rai checked the bag in the way it was found containing only one pillow. Dhanpat Rai tried to contact his son Parveen Gupta and accused Satish Dabas on phones but their mobile phones were going switched off.
He further deposed that he accompanied his employer Dhanpat Rai to the office of Parveen Gupta on 20.12.08 on receipt of phone call at 8.009.00 pm but the office was found locked. Dhanpat Rai insisted to State vs.Hari Prakash etc. FIR No.166/08 31 to67 wait for Parveen Gupta and Satish Dabas and hence, sent him to home as he was getting late. He came to know in the night from Karamvir Aggarwal, friend of Dhanpat Rai that Dhanpat Rai had been murdered.
12. PW1 Parveen Gupta is son of Dhanpat Rai. He deposed that he used to run property business at premises no. 9697, Ground Floor, Pkt. A1, Sector 11, Rohini. That premises had 4 shops. Accused Pawan Bajaj was running property business in one of those shop. He deposed that accused Pawan Bajaj was enjoying good relations with his father and was also having partnership in some properties. Pawan Bajaj purchased a property no. B6/5758, 2 nd Floor, Sector 11, Rohini, in March'2008 for a sum of Rs.80 lacs and that amount was borrowed from his father but for the security purpose, the papers were prepared in the name of his wife PW1 Priya Gupta. He further deposed that as her terms of lending of money, accused Pawan Bajaj was to repay money to his father after selling the purchased property and in case of default, he was to pay interest @3%. Pawan Bajaj could not sell the property and hence, was paying Rs.2.40 lacs per month State vs.Hari Prakash etc. FIR No.166/08 32 to67 as interest to his father. After 3 months of March'2008, accused Pawan Bajaj purchased another property no. G 3/2, first Floor, Sector 111, Rohini in Rs.30 lacs in the name of his wife Rachna Bajaj and in the name of wife of his business partner Surender Taneja and said amount of Rs.30 lacs was borrowed from his father on interest @ 3% and so Pawan Bajaj was paying interest of Rs.90,000/ per month to his father. From the principal sum of Rs. 30 lacs Pawan Bajaj returned Rs.15 lacs to his father in JulyAug'08 and at that time introduced a person namely, Satish Dabas, a property dealer, with his father and his father gave Rs.25 lacs by adding Rs.10 lacs to Rs.15 lacs received from accused Pawan Bajaj to Satish Dabas on interest @5%. PW1 further deposed that accused Pawan Bajaj continued making payment of interest of Rs.45,000/ for the balance amount of Rs.15 lacs to his father and he was also paying interest of Rs.80 lacs. Satish Dabas was paying interest of Rs.1.25 lacs per month to his father. At the request of accused Pawan Bajaj, his father gave another loan of Rs.25 lacs to Satish Dabas on interest @ 5% and as a collateral security, Satish Dabas (PO) gave State vs.Hari Prakash etc. FIR No.166/08 33 to67 cheques of Rs.35,50,000/. He further deposed that accused Pawan Bajaj had purchased property bearing no. G17/43, Sector 15 Rohini in partnership with his father for Rs.90 lacs in which share of his father was 75% and of accused Pawan Bajaj was 25%. Share of accused Pawan Bajaj was also financed by his father and in this way accused Pawan Bajaj was making payment of interest of Rs.67,500/ per month to his father. He further deposed that his father had purchased a property no. G6/92, Rohini in partnership with accused Pawan Bajaj and Kapil Kalra in the partnership of 1/3rd share each. In all, accused Pawan Bajaj was paying Rs.3,50,000/ per month as interest to his father. Due to excessive amount, he started making defaults. Also he was unable to sell off his property due to which verbal altercations between him and his father became frequent. He further deposed that his father owned a plot of 126 sq. yards in Yamuna Vihar but it was under unauthorised occupation. Satish Dabas agreed to purchase that plot from his father in Rs.4 crores. Satish Dabas put his condition that first he would get vacated the said plot from unauthorised State vs.Hari Prakash etc. FIR No.166/08 34 to67 occupation and then he would make payment of Rs.4 crores in 3 days. For removing encroachment he demanded ownership documents which his father happily delivered to him in October'2008. Satish Dabas did not make payment of Rs.4 crores despite elapse of 3 days. When he asked from his father about payment, Dhanpat Rai started weeping and told that Satish Dabas had acted fraudulently and had got power of attorney of Yamuna Vihar plot in his name without making payment. Satish Dabas had also stopped making payment of interest. He further deposed that accused Pawan Bajaj and Satish Dabas (PO) assured his father in his presence on 20.11.08 not to worry about the payment saying that payment would be made in December'08 and after making payment, he would take back his cheques of Rs.35,50,000/. His father went to office of accused Pawan Bajaj on 05.12.08 where Satish Dabas handed him over a bag saying that it was containing Rs.50 lacs but it was found containing only a pillow. He further deposed that when he visited the office of accused Pawan Bajaj on 10.12.08 at 1.30 pm, he saw a person who later on turned out to be accused State vs.Hari Prakash etc. FIR No.166/08 35 to67 Hari Parkash sitting there with Satish Dabas. When he visited PS Maurya Enclave on 29.12.08, he saw Hari Parkash sitting in the office of SHO who told him that it was Hari Parkash who had murdered Dhanpat Rai. Then he informed SHO that he had seen Hari Parkash with Satish Dabas in the office of accused Pawan Bajaj. He handed over several property documents to the IO which were seized vide memo Ex.PW1/A. The bag containing pillow was seized vide memo Ex.PW1/B. Four cheques Ex.P1 to P4 totaling to Rs.35,50,000/ were handed over to the IO which were seized vide memo Ex.PW1/C. He identified the bag as Ex.P7 and pillow as Ex.P8.
13. PW17 Akash is another son of Dhanpat Rai. He deposed that once his father had told him that he had lent Rs.50 lacs to one Satish Dabas through accused Pawan Bajaj. His father had also told him that whenever he demanded lent money from him, accused Satish Dabas used to avoid on one or another pretext though he had agreed to return that money on 05.12.08. His father had also told him that at one occasion Satish Dabas had given him a bag in the office of accused State vs.Hari Prakash etc. FIR No.166/08 36 to67 Pawan Bajaj saying that it was containing Rs.50 lacs but it was found containing only a pillow. He further deposed that his father had lent Rs.97 lacs to accused Pawan Bajaj and he was also not repaying the lent money. Satish Dabas (PO) used to threaten his father on the strength of revolver saying that he was not having any penny.
14. Ld. defence counsel made statement on 04.09.12 that he was not disputing the PCR form filled up by lady Ct. Archana. He also did not dispute the PMR and opinion about cause of death, internal exploration of injuries and their tracks, done by Dr. Kulbhushan Goyal. In view of no dispute, PCR form was exhibited as Ex.PAdv.1, PMR as Ex.PAdv.2 and internal exploration of injuries with their tracks as Ex.Padv.3.
Ld. defence counsel further made statement on 27.09.13 that he was not disputing the fact of taking of rukka by Ct. Ashok. He also did not dispute that call about incident was made to PCR HQ, by Mr. R.A.Nayyar on which DD no. 18A Ex.PW38/A was registered on 20.12.08. He also did not dispute the deposition of case property of FIR no.47/08 PS Crime Branch to FSL.
State vs.Hari Prakash etc. FIR No.166/08 37 to67 Further statement is that he was not disputing the fact that dead body of Dhanpat Rai was personally searched by Ct. Avdesh Kumar who was posted as duty constable in BSA hospital on 20.12.08. He did not dispute the fact that Ct. Avdesh Kumar handed over personal search articles to ASI Naresh Kumar.
15. APP argued that accused Pawan Bajaj had borrowed Rs.97 lacs from the deceased Dhanpat Rai on interest @3% per month. He acquainted the accused Satish Dabas (PO) with the deceased and also got lent Rs.50 lacs to him from Dhanpat Rai. Satish Dabas assured Dhanpat Rai that he would purchase his Yamuna Vihar property of 126 sq.yards in Rs.4.5 crores. That property was under unauthorised occupancy and Satish Dabas asked Dhanpat Rai first to give the property documents to him so that he may remove the unauthorized occupants. Later he did not pay Rs.4.5 crores to Dhanpat Rai. Both accused had failed to pay principal as well as interest to Dhanpat Rai despite persistent demands. He further argued that accused Pawan Bajaj and Satish Dabas entered into criminal conspiracy with accused Hari Prakash @ Kala who had State vs.Hari Prakash etc. FIR No.166/08 38 to67 come out from the jail recently and gave him supari of Dhanpat Rai in Rs.10 lacs. APP further argued that Rs.70,000/ were given by accused Pawan Bajaj to Hari Prakash @ Kala on 20.12.08 to purchase bike to be used for the commission of the murder. Hari Prakash @ Kala engaged another person namely Twinkle Khatri in the conspiracy. It was Twinkle Khatri who was driving the bike on 20.12.08 when Hari Prakash @ Kala pumped 5 bullets in the body of Dhanpat Rai and he died at the spot. APP further argued that bike and pistol loaded with 3 live cartridges were recovered from Hari Prakash @ Kala on 27.12.08 when he was arrested by Crime Branch officials. A bike was also recovered from him. Before it Satish Dabas had handed over Dhanpat Rai a bag on 05.12.08 saying that it was containing Rs.20 lacs but when he checked the bag in the way it was found containing only a pillow. After apprehension, Hari Prakash @ Kala pointed out the place where he was given a pistol and 8 live cartridges by Satish Dabas and the place, i.e. M/s Prime Properties where he was given Rs.70,000/ by accused Pawan Bajaj. It is the same place where face of Dhanpat Rai was shown to him on State vs.Hari Prakash etc. FIR No.166/08 39 to67 10.12.2008 by remaining coaccused. He also pointed out the place of murder. Twinkle Khatri was also arrested at his instance. APP argued that accused Satish Dabas (PO) had given Rs. 25,000/ to Hari Prakash @ Kala on 20.12.08 and out of that amount, he gave Rs.3,000/ to Twinkle Khatri. Twinkle Khatri got recovered 2 notes of RS.1000/ each from his house on 28.12.08. These notes were of the same series of the notes got recovered by Hari Prakash @ Kala.
16. On the other hand, Ld. defence counsel argued that mobile phone no. 9311119208 was in the name of Shivani Narula and that she was not joined in the investigation. Also Rambir, the owner of mobile no. 9818515625 has not been joined in investigation. He further argued that prosecution did not examine any Nodal Officer or owner of mobile phone which has been recovered from the personal search of accused Hari Prakash @ Kala. It is further argued that no witnesses deposed that mobile no. 9811058659 was being used by deceased Dhanpat Rai. His owner has not been examined. Prosecution failed to establish its ownership with Dhanpat Rai because it did not examine the Nodal State vs.Hari Prakash etc. FIR No.166/08 40 to67 Officer. The Ld. Counsel further argued that money borrowed by accused Pawan Bajaj from Dhanpat Rai was secured one as he had got executed the sale deeds of the properties purchased by him in the names of family members of deceased and so it was accused Pawan Bajaj who was going to loose those properties, if Dhanpat Rai was killed. Pointing out memos and recoveries have been assailed on the point of non joining of public witnesses. The counsel further argued that prosecution has failed to connect 3 empty cartridges, one lead recovered from the spot and 2 lead recovered from the dead body with the crime because as per FSL report Ex.PY, those were not discharged through the pistol of 7.565mm recovered from accused Hari Prakash @ Kala by Crime Branch officials.
17. MOBILE PHONES It has been deposed by PW3 and PW38 that mobile no. 931112908 and 9213419208 were recovered from the personal search of accused Pawan Bajaj on 01.01.09. PW21 Nodal Officer Sanjay Lakra deposed that as per customer application form mobile phone no.9311119208 was activated in the name of a State vs.Hari Prakash etc. FIR No.166/08 41 to67 lady namely Shivani. She was not joined in the investigation by the police. Her statement u/s 161 CrPC was not recorded and explanation furnished by IO is that she was untraceable and that deposition gains strenght from case diary also. The said phone number was recovered from the personal search of accused Pawan Bajaj and it was he who was to explain how he came into possession of that number but he furnished no explanation. Tendency of a person using two phones is that both numbers shuld have almost identical digits. Last five digits of this mobile numbers and the other used by Pawan Bajaj are same.It has been deposed by the Nodal officer M.N.Vijayam PW34 that mobile phone no. 9213419208 was activated in the name of Pawan Bajaj. Objection to this number has been raised on the ground that original customer form has not been produced. It is true that original customer form has not been produced by the Nodal Officer who deposed that it was misplaced. This witness was examined in chief first time on 01.06.12 and his further examination in chief was deferred and he appeared on 3.9.12 and deposed that contents of customer State vs.Hari Prakash etc. FIR No.166/08 42 to67 application form and accompanying documents had been scanned, but scanned copies were also not available. But he had brought screen shots (print) Ex.PW34/F from the system. He deposed that information furnish in CAF was uploaded in the computer system by data entry operator after going through its contents. He reiterated that whatever information was furnished by the subscriber in CAF was exactly and correctly shown in screen shot Ex.PW34/F. He deposed that Ex.PW34/F was the correct and true electronic record. As per that screen shot, the mobile phone no. 9213419208 was prepaid connection activated in August'04 in the name of Pawan Bajaj. Screen shot Ex.PW34/F conclusively proves that said mobile phone was owned by accused Pawan Bajaj.
18. Prosecution case is that mobile no. 9818515625 was being used by accused Satish Dabas (PO) but it was activated in the name of his brother Rambir. Ld. counsel for the complainant argued that said Rambir, at the relevant time was driver of Home Guard DCP namely Norawat. It was DCP Norawat who pressurised the police not to join Rambir in the investigation and that is State vs.Hari Prakash etc. FIR No.166/08 43 to67 why his statement u/s 161 CrPC was not recorded by the IO.
19. It is correct that said mobile phone has not been recovered by the police. It is also correct that Rambir has not been joined in the investigation. As per CAF, the said mobile phone was released in the name of Rambir. Name of father of Rambir is Ramchander R/o village Poothkhurd, Delhi. Name of father of Satish Dabas (PO) is also Ramchander R/o village Poothkhurd, Delhi. Satish Dabas (PO) and Rambir are r/o village Poothkhurd. Though no witness appeared to depose that Satish Dabas (PO) and Rambir are real brother, yet it cannot be a coincidence that names of their father and village are exactly the same and that fact is compelling this court to hold that Satish Dabas (PO) and Rambir are real brothers. So, prosecution has established that mobile phone no. 9818515625 was being used by Satish Dabas (PO).
20. APP argued, that mobile no. 9213650050. was being used by Hari Prakash @ Kala. Prosecution did not examine the owner of that number. It did not examine any Nodal Officer to establish its ownership with Hari State vs.Hari Prakash etc. FIR No.166/08 44 to67 Prakash @ Kala. The said phone no. was recovered from his personal search in FIR no. 47/08 by the Crime Branch and that fact has been mentioned in the personal search memo Ex.PW32/C and has been deposed by PW32 SI Vijender who is the first IO of that FIR. The accused was to explain how did he come into possession of that number but he remained silent u/s 313 CrPC. APP argued that deceased Dhanpat Rai was using mobile no. 9811058659. No witness appeared in witness box to say that Dhanpat Rai was using that number. Prosecution did not examine Nodal officer to prove its relationship with Dhanpat Rai. AP argued that phone number was handed over by MLC doctor to the IO and it was seized by him. MLC and postmortem doctor has handed over articles of the deceased to police officials and those were seized vide memos Ex.PW33/A and Ex.PW33/B. It is nowhere mentioned in those memos that the mobile no. handed over to police officials was 9811058659. Even PW1 and PW17, who are the sons of Dhanpat Rai, did not depose that their father was using no.9811058659. So, prosecution has failed to prove use of that number by Dhanpat Rai.
State vs.Hari Prakash etc. FIR No.166/08 45 to67
21. MOTIVE Prosecution case is that Pawan Bajaj had borrowed Rs.97 lacs from Dhanpat Rai and he was unable to pay the principal as well as interest. It was he who introduced Satish Dabas (PO) with deceased and on his assurance, Dhanpat Rai advanced Rs.50 lacs to Satish Dabas. Satish Dabas got the Yamuna Vihar property of the deceased transferred in his name on the assurance that he would pay Rs.4.5 crores within three days to him after getting it vacated from unauthorised occupancy. Despite elapse of 3 days, he did not pay a single rupee to Dhanpat Rai.
Two properties bearing nos. B6/57 and B6/58, Sector 11,Rohini were purchased in the name of PW16 Priya Gupta who is the daughterinlaw of Dhanpat Rai. PW14 Lalit Khanna was owner of both properties. PW7 Surender Taneja and PW12 Manish Sardana were witnesses to the sale deed Ex.PW7/B. All these witnesses deposed that the said property was purchased in Rs.80 lacs by accused Pawan Bajaj but the sale deed was got executed in the name of PW16 Priya Gupta because he had borrowed the sale consideration from State vs.Hari Prakash etc. FIR No.166/08 46 to67 Dhanpat Rai and as per the wishes of Dhanpat Rai he got executed the sale deeds in the name of his daughter in law. PW1 Praveen Gupta also deposed that his father had lent Rs.80 lacs to accused Pawan Bajaj and as collateral security, Pawan Bajaj had got executed the sale deeds in the name of his wife. The third property no. G3/02, Sector 11, Rohini was owned by one Devraj Kalra and its sale deed Ex.P6 was executed in the name of Rachna Bajaj w/o Pawan Bajaj and Swaran Taneja w/o Surender Taneja on 31.03.08. It is pertinent to mention that Surender Taneja was business partner of Pawan Bajaj. Witnesses to the sale deed were Rajesh Malhotra and PW7 Surender Taneja, PW7. PW7 did not depose about that property. It has been deposed by PW1 that property was purchased in Rs.30 lacs and sale consideration was lent by his father to Pawan Bajaj. 4th property is G17/43, Sector 15, Rohini. It was owned by Jayanti Sharma, PW14 and she executed the sale deed Ex.PW41/A in favour of Savitri, PW12 who is the real sister of Dhanpat Rai. Witnesses to the sale deed were Dhanpat Rai himself and Arun Batra PW43. It has been deposed by PW1 and PW16 that Dhanpat Rai was State vs.Hari Prakash etc. FIR No.166/08 47 to67 having 75% share in that property and the share of the Pawan Bajaj was only 25%. The fifth property is G 6/92, Sect. 11, Rohini and PW1 deposed that the said property was purchased by his father, accused Pawan Bajaj and one Kapil Kalra in equal shares. Documents of that property are not in the file.
22. Documents of first four mentioned properties were handed over to the IO by PW1 Praveen Gupta on 21.12.08. The first two properties were purchased in Rs.80 lacs and their sale deeds were executed in the name of daughter in law of the deceased, proving that amount lent by Dhanpat Rai to Pawan Bajaj was secured one. The 4th property in which Pawan Bajaj had a share of only 25% was purchased in the name of real sister of deceased. It signals that the sale consideration lent to Pawan Bajaj for that property was also secured one. The 3rd property was purchased by accused Pawan Bajaj in the name of his wife and wife of his business partner in Rs.30 lacs. PW1 deposed that sale consideration was paid by his father. It has been deposed by PW1 himself that out of 30 lacs, Pawan Bajaj had returned his father Rs.15 lacs. Documents of State vs.Hari Prakash etc. FIR No.166/08 48 to67 that property were also in the possession of Dhanpat Rai and that is why those were handed over to IO by PW1 on 21.12.08. It shows that the documents of that property were retained by Dhanpat Rai for security. In this way, the amount lent by Dhanpat Rai to Pawan Bajaj to purchase first four properties was secured one. Except oral evidence of PW1, PW16 and PWP17, there is no other evidence to suggest that property no.G6/92 was purchased by Pawan Bajaj in partnership with Kapil Kalra and Dhanpat Rai in equal shares. Prosecution did not place on record any account book that Dhanpat Rai paid sale consideration for that property. It has been deposed by PW7 and PW8 that Dhanpat Rai used to finance the property dealers and in lieu, he used to get property papers executed in the names of his family members and sometimes the properties were of worth more than the lent amount. Whatever was borrowed by Pawan Bajaj from Dhanpat Rai, the same was got secured by deceased by getting the documents executed in his family member's name. So, the loan taken by Pawan Bajaj from Dhanpat Rai was secured one. Pawan Bajaj was not going to be benefited from the murder of State vs.Hari Prakash etc. FIR No.166/08 49 to67 Dhanpat Rai and rather he would have lost some money as properties were of more worth.
23. Another circumstances alleged against Pawan Bajaj is that he had undertaken to pay the principal sum in 3 months and in case of default, he would have to pay interest @3%. It is further alleged that he was to pay the principal by selling the property purchased in the names of the family members of the deceased. To that effect is the evidence of PW1 but he has been contradicted by PW7 by deposing that there as no such condition. It has been admitted by Pawan Bajaj u/s 313 CrPC that he had borrowed money from Dhanpat Rai on interest @2% p.a. So, prosecution has failed to prove that principal was to be paid by Pawan Bajaj to Dhanpat Rai in three months. Moreover, it has been deposed by PW7 & PW8 that Pawan Bajaj was regularly paying the interest.
24. The 2nd motive alleged against Pawan Bajaj is that it was he who had introduced Satish Dabas (PO) with Dhanpat Rai and on his assurance Dhanpat Rai gave a loan of Rs.50 lacs to Satish Dabas and he was not paying any loan. That fact has been deposed by State vs.Hari Prakash etc. FIR No.166/08 50 to67 PW1 but his evidence is in complete variance with the testimony of PW7 &PW8 who deposed that PW1 had introduced Satish Dabas with his father. They and PW17 supported him by deposing that Satish Dabas was extending threats to Dhanpat Rai whenever he demanded money from him. Liability of Satish Dabas to the tune of Rs.50 lacs is corroborated by cheques Ex.P1 to P4, totaling to Rs.3550 lacs given by him to Dhanpat Rai. The cheques were seized by PW38 on 21.12.08 from PW1 vide seizure memo Ex.PW1/B.
25. PW1 deposed that Satish Dabas had called his father on 05.12.08 on the pretext that he was going to pay him a sum of Rs.50 lacs and he gave him a bag saying that it was containing Rs.50 lacs but when his father checked the bag in the way, it was found containing only a pillow. The said pillow was handed over to PW38 by PW1 on 21.12.08 and it was seized vide Ex.PW1/C. That fact also establishes the liability of Satish Dabas towards Dhanpat Rai. Satish Dabas had got the documents of property no. E1/30, Yamuna Vihar executed in his name from Dhanpat Rai saying that he would first get it vacated from unauthorised State vs.Hari Prakash etc. FIR No.166/08 51 to67 users and would pay him sale consideration of Rs.4.5 crores within 3 days. Despite elapse of 3 days, the amount was not paid to him and that fact has been deposed by PW1 and corroborated by PW7,8 and 17.
26. All these facts prove that Satish Dabas had a definite motive to kill Dhanpat Rai.
27. PW7 deposed Yamuna Vihar property was given to Satish Dabas on the assurance of Praveen Gupta. About the relation of Satish Dabas with Pawan Bajaj, PW7 deposed that there was no role between them. PW8 Krishan Kumar Dixit, who was driver of Dhanpat Rai for a long time, deposed that Satish Dabas was introduced to Dhanpat Rai by Praveen Gupta and loan and property of Yamuna Vihar were given to Satish Dabas on the security and assurance of Praveen Gupta. Relations between Praveen Gupta and Satish Dabas are visible from the evidence of PW1 himself in which he admitted that there were several incoming and outgoing calls from his mobile phone to the mobile phone of Satish Dabas.
Ld. counsel for accused argued that motive was for PW1 Praveen Gupta to get his father killed as he was State vs.Hari Prakash etc. FIR No.166/08 52 to67 really to be benefited from his murder father because two properties registered in the name of his wife would have gone to him after the death of Dhanpat Rai. That is an absurd argument because if the relation between father and son were so strained, Dhanpat Rai would not have got registered two properties in the name of wife of PW1. So prosecution has failed to prove motive against accused Pawan Bajaj. But it has been proved against Satish Dabas beyond doubt.
28. Pointing Out Memos: Accused Hari Prakash @ Kala was arrested by Crime Branch in Arms Act case. In the present case, he was arrested on 27.12.2008 and on the same day he pointed out the road leading to Japanese Park just in front of the gate of Rithala Metro Station as the place where a pistol loaded with five bullets and three spare bullets were given to him by accused Satish Dabas. Pointing out memo Ex.PW3/B was prepared by PW38 Inspector Ram Sunder in the presence PW3 Ct. Mukim Javed and PW24 HC Rishi Raj. He also pointed out the office of accused Pawan Bajaj as M/s Prime Properties, A7/9697, Sector11, Rohini, Delhi as the place where State vs.Hari Prakash etc. FIR No.166/08 53 to67 Pawan Bajaj had given him Rs.70,000/ in the presence of accused Satish Dabas on 10.12.2008 to purchase a bike which was used in commission of the murder. It was the same place where Dhanpat Rai was shown to him by Pawan Bajaj and Satish on 10.12.2008. It was the same place where he and Twinkle Khatri (JCL) were present on 20.12.2008 on the road near that office when Dhanpat Rai passed that way. At that time, they had followed him and murdered him in the market of Income Tax Colony. Pointing Out Memo Ex.PW3/C was prepared by PW38 in the presence of PW3 and PW24. Accused Hari Prakash pointed out in the presence of PW3, PW24 and PW38 the place of murder vide pointing out memo Ex.PW3/D. It has been deposed by PW3 and PW38 that Hari Prakash pointed out the house of Twinkle Khatri on 28.12.2008 and on that pointing out Twinkle Khatri was arrested. No pointing out of that place was prepared.
Accused Pawan Bajaj was arrested on 01.01.2009 and he pointed out his office namely M/s Prime Properties where he and Satish had shown the face of Dhanpat Rai to Hari Prakash on 10.12.2008 and on the State vs.Hari Prakash etc. FIR No.166/08 54 to67 same day he had given Rs.70,000/ to Hari Prakash to purchase a bike. Pointing out memo Ex.PW3/H1 was prepared.
JCL Twinkle Khatri was arrested on 28.12.2009 and he pointed out the place of murder in the presence of PW3 and PW38.
29. Pointing Out Memos have been assailed on the ground that no physical fact was discovered consequent to them. Ld. APP argued that pointing out memos are admissible U/s 8 of Indian Evidence Act as conduct of the accused.
It is not in dispute that place of murder, before pointing out by any of the accused, was in the knowledge of PW3 and PW38 as both police officials had reached there on the day of murder itself i.e on 20.12.2008 at 9:30 PM. So it can be said that no discovery was made consequent to pointing out of that place by accused Hari Prakash and JCL Twinkle Khatri. On that point, case of the accused is well covered by Vijay Singh v. State and ors. Crl. Appeal No.819/12 decided on 030912. In the cited case, Hon'ble High Court of Delhi did not rely upon the pointing out memo State vs.Hari Prakash etc. FIR No.166/08 55 to67 holding that it was not admissible in evidence as it did not fall within the scope and ambit of section 27 of Indian Evidence Act 1872 because the place of occurrence was already known to the police.
It was held even before independence by Privi Council in Pulukuri Kottaya Vs. King Emperor, AIR 1947 PC 67 that there should be discovery of physical object consequent to the confessional statement of the accused and if it is not so, the confessional statement is hit by Section 25 of Indian Evidence Act as it is not saved by Section 27 of the Act. The same view was reiterated by the Apex Court in State (NCT of Delhi) Vs. Navjot Sandhu @ Afsan Guru, Criminal Appeal No.373375/2004 decided on 04.08.2005. In the case in hand also, it is the admitted position of the parties that no physical object was discovered consequent thereto statements of the accused termed by the prosecution as pointing out memos. Admittedly these statements were written during the investigation of the case and hence are hit by Section 162 of CrPC as these can be used only to contradict or corroborate a witness U/s 145 and 157 Evidence Act.
State vs.Hari Prakash etc. FIR No.166/08 56 to67
30. Recovery:
(a) From Hari Prakash @ Kala:
(i) Bike No.DL8SNC2120 was seized from Hari Prakash @ Kala by the officials of Crime Branch on 26.12.2008 when he was apprehended. Recovery was effected in the presence of PW22 and PW14 and seizure memo Ex.PW32/E was prepared. It is pertinent to mention that prosecution case is that accused Pawan Bajaj gave Rs.70,000/ in his office to Hari Prakash in the presence of Satish Dabas (PO) to purchase bike.
PW18 Vijay Kumar, employee of the Agency from where the bike was purchased, deposed that the said bike was purchased on 10.12.2008 by Hari Prakash. The day is the same on which Pawan Bajaj is alleged to have given Rs.70,000/ to Hari Prakash for purchasing the bike.
(ii) PW22 and PW14 had recovered a pistol of 7.65 mm loaded with five cartridges, from the pocket of pant worn by Hari Prakash. The same was seized vide memo Ex.PW32/A. Crime Branch had registered a case U/s 25 of Arms Act for recoveries for which Hari Prakash was prosecuted but he has been acquitted by State vs.Hari Prakash etc. FIR No.166/08 57 to67 the trial court as per the certified copy of judgment tendered in defence.
Three empty shells were recovered from the spot. One led from spot and two leads from the dead body were recovered. The pistol and three live cartridges had already been sent to FSL by the Crime Branch. Empties and leads were sent by the IO of this case for comparison with the recovered pistol and three live cartridges. FSL gave MarkEC1, EC2 and EC3 to the empty shells and EB1 and EB2 to the leads recovered from the dead body. It came to the conclusion vide report Ex.PY that MarkEC1, EC2 and EC3 had not been fired through the fire arm recovered from Hari Prakash. About EB1 and EB2, the FSL report mentions that individual characteristics of firing marks on them were insufficient of comparison and opinion whether these were discharged through the recovered pistol of 7.65 mm. So prosecution has failed to connect the recovered arm and ammunition with the crime.
(iii) It has been deposed by PW3 and PW38 that accused Hari Prakash led police party to his house in Narela and got recovered Rs.15,000/ in cash in the State vs.Hari Prakash etc. FIR No.166/08 58 to67 form of currency notes of Rs.1,000/ each. Numbers of thirteen currency notes are 7BH549413 to 549425. Numbers of remaining two notes are 7BH549427 and 9AT971966. The currency was seized vide memo Ex.PW3/H. It is pertinent to mention that prosecution case is that accused Satish Dabas gave Rs.25,000/ to accused Hari Prakash on the day of murder. Hari Prakash gave Rs.3,000/ to JCL Twinkle Khatri and he got recovered two notes of Rs.1,000/ denomination from his house in Narela on 28.12.2008 and numbers of those two notes are 7BH549435 and 549436. Currency notes were seized vide seizure memo Ex.PW 3/G. Recovery of currency notes of same series from Hari Prakash and Twinkle Khatri probalizes the prosecution case.
31. (b) From PW1 Praveen Gupta: PW1 and PW38 deposed that Praveen Gupta handed over four cheques to the IO. The cheque Nos.052428, 29, 31, 32 were of Rs.10 Lacs, Rs. 10 Lacs, Rs. 10 Lacs and Rs.5.5 Lacs. These were seized by PW 38 in the presence of PW1 and PW17 Akash Gupta. It is pertinent to mention that accused Satish Dabas (PO) State vs.Hari Prakash etc. FIR No.166/08 59 to67 had given those cheques to Dhanpat Rai from his account No.360010100034724 as collateral security for a loan of Rs.50 Lacs. That account number has been deposed to be of Satish Dabas by the bank officials.
PW1, PW17 and PW38 deposed that Praveen Gupta handed over to IO on 21.12.2008 the sale deeds of four properties bearing No.(1) B6/57, Sector11, Rohini, (2) B6/58, Sector11, Rohini, (3) G3/2, Sector11, Rohini and (4) G17/43, Sector15, Rohini. PW38/ IO deposed that he had recorded statement of PW1 on 21.12.2008 itself and had taken into possession the papers vide memo Ex.PW1/A. Date of taking of possession of these documents is suspicious because there is a cutting/ over writing in the date on Ex.PW1/A. Bare eyes show that the date earlier mentioned was 29.12.2008 and after cutting, it has been made as 21.12.2008. It shows that the documents were not seized on 21.12.2008 but on 29.12.2008 i.e. after arrest of Hari Prakash on 27.12.2008.
32. So prosecution case has successfully proved the recovery of bike and cash from Hari Prakash and cash from Twinkle Khatri. It has also proved the seizure of State vs.Hari Prakash etc. FIR No.166/08 60 to67 four cheques from PW1 on 21.12.2008. Though, it tried to prove seizure of four sale deeds on 21.12.2008 but it is held that the deeds were seized on 29.12.2008 from PW1.
33. CDRs: It has already been held that accused Pawan Bajaj was using TATA Indicom Mobile Numbers 9311119208 and 9213419208; accused Satish Dabas (PO) was using mobile No.9818515625 and accused Hari Prakash @ Kala was using mobile No.9213650050. Prosecution case is that on 05.12.2008, at about 8/8:30 PM, accused Satish Dabas had handed over Dhanpat Rai a bag saying that it was containing Rs.20 Lacs but when Dhanpat checked it in the way, it was found containing only a pillow. On 10.12.2008, at 12.00 1.00 noon, accused Pawan Bajaj and Satish Dabas had shown the face of Dhanpat Rai to Hari Prakash and Hari Prakash along with Twinkle Khatri murdered Dhanpat Rai on 20.12.2008 at about 9.00 pm in the market of Income Tax Colony, Pitam Pura, Outer Ring Road, Delhi.
Location of mobile phones of accused Pawan Bajaj was in Sector11, Rohini from 06.22 PM to 10:48 PM on State vs.Hari Prakash etc. FIR No.166/08 61 to67 05.12.2008. He was in the same area on 10.12.2008 from 10:54 AM to 5:10 PM. It is pertinent to mention that office of Pawan Bajaj is located in Sector11 as deposed by several public witnesses. So his presence in that area is quite expected and natural and it cannot be taken otherwise.
CDRs show that accused Satish Dabas had entered in the area of Sector11 and Sector13, Rohini at 8:41 PM on 05.12.2008. He was present in that area at 12:45 noon on 10.12.2008. His presence in that area probalizes the prosecution story that he had given the bag containing pillow to Dhanpat Rai on 05.12.2008 at 8/8:30 PM and had shown the face of Dhanpat Rai to Hari Prakash on 10.12.2008 between 12:00 to 1:00 PM.
Location of mobile phone of Hari Prakash on 10.12.2008 between 12:41 Noon to 2:33 PM is coming in Sector11, Rohini where the office of Pawan Bajaj is located. CDRs further show that on 20.12.2008, Hari Prakash had entered Sector3, Rohini at 7:05 PM and he remained in that sector till 7:52 PM. He came in the area of Sector11 at 8:08 PM and remained there till 9:08 PM. Sector11 is hardly 2 kms away from the State vs.Hari Prakash etc. FIR No.166/08 62 to67 murder place. The murder was committed at about 9:00 PM. Presence of accused Hari Prakash @ Kala near that place is a huge incriminating circumstance which shall go a long way. Moreover, he talked to Satish Dabas on 20.12.2008 at 2:42 PM, 2:43 PM, 3:30 PM, 3:59 PM and 4:55 PM.
34. Conduct of the accused: Dhanpat Rai was murdered on 20.12.2008 and accused Pawan Bajaj was arrested on 01.01.2009. It has been deposed by IO/ PW38 that accused Pawan Bajaj was present in the hospital where injured Dhanpat Rai was taken on 20.12.2008. He was present next day when postmortem was conducted and dead body was handed over to the relatives of the deceased. It has been further deposed by PW38 that accused Pawan Bajaj used to accompany PW1 and 17 to PS to know the progress of the case. There is no notice U/s 160 CrPC which may suggest that police was trying to arrest Pawan Bajaj before 01012009. It did not move any application for obtaining Non Bailable Warrants against him. The conduct of accused Pawan Bajaj is thoroughly good one. Statement of PW1 Praveen Gupta U/s 161 State vs.Hari Prakash etc. FIR No.166/08 63 to67 CrPC is shown to have been written on 21.12.2008. Name of Pawan Bajaj is appearing in that statement. Had the statement been recorded on 21122008, police might have tried to arrest him before 01012009. Four cheques Ex.P1 to P4 issued by Satish Dabas in favour of Dhanpat Rai were seized from PW1 by PW38 on 21.12.2008 vide seizure memo Ex.PW1/B. In that seizure memos, there is no mention of any fact that accused Pawan Bajaj was also involved in the crime. Seizure memo of the sale deeds has already been held antedated.
On the other hand, accused Satish Dabas never joined investigation. Notice U/s 160 CrPC went heeded. Even Non Bailable Warrants remained unexecuted. At last process U/s 82 and 83 CrPC were issued against him and he has been declared Proclaimed Offender. He is still at large.
35. Conspiracy: There is no direct evidence for conspiracy. It will be gathered only from motive, recovery, CDRs and conduct of the accused. Accused Pawan Bajaj did not have any motive to kill Dhanpat Rai. On the other State vs.Hari Prakash etc. FIR No.166/08 64 to67 hand, Satish Dabas had borrowed unsecured Rs.50 Lacs from Dhanpat Rai and had also usurped his plot of 126 yards situated in Yamuna Vihar. It was of the worth of Rs.4.5 crores.
Bike was recovered from accused Hari Prakash @ Kale by Crime Branch. He had purchased the bike on 10.12.2008 i.e. on the day when accused Pawan Bajaj had given him Rs.70,000/ for purchasing the bike to murder Dhanpat Rai. Accused Hari Prakash @ Kale got recovered Rs.15,000/from his house on 28.12.2008. JCL Twinkle Khatri got recovered Rs.2,000/ from his own house. Currency notes recovered from Hari Prakash @ Kale and Twinkle Khatri are of same series. Prosecution story is that Rs.25,000/were given by Satish Dabas to Hari Prakash @ Kale on the day of murder and out of that amount, he gave Rs.3,000/ to JCL Twinkle Khatri who was driving the bike when Dhanpat Rai was murdered.
Satish Dabas was present in the area of Sector11, Rohini on 05.12.2008 at 8:41 PM and office of Pawan Bajaj is also situated in Sector11, Rohini. His presence at that time gives strength to the prosecution case that State vs.Hari Prakash etc. FIR No.166/08 65 to67 on that day, he gave a bag containing pillow to Dhanpat Rai saying that it was containing Rs.20 Lacs. He was again present in that area at 12:45 Noon on 20.12.2008. It gives strength to the prosecution case that Dhanpat Rai was shown to Hari Prakash @ Kale in the office of Pawan Bajaj. Location of phone of Hari Prakash @ Kale at 12:41 PM is also coming there. Accused Satish Dabas had talked to Hari Prakash @ Kale at 2:42 PM, 2:43 PM, 3:30 PM, 3:59 PM and 4:55 PM on 20082008. Presence of accused Hari Prakash @ Kale was near the place of crime on 20.12.2008 at the time of murder.
Location of phones of Pawan Bajaj was in Sector 11 on 05.12.2008 and 10.12.2008 at the time when bag was given to Dhanpat Rai by Satish Dabas and when his face was shown to Hari Prakash @ Kale. His location at that place cannot be taken otherwise as his office is situated in that area.
With the help of motive, recovery of cash from Hari Prakash @ Kale and Twinkle Khatri, CDRs of Satish Dabas and Hari Prakash @ Kale and conduct of accused Pawan Bajaj and Satish Dabas, it is State vs.Hari Prakash etc. FIR No.166/08 66 to67 held that Pawan Bajaj was not in conspiracy with Satish Dabas and Hari Prakash @ Kale. The conspiracy was only between Hari Prakash @ Kale and Satish Dabas.
36. Conclusion: Prosecution has successfully proved motive against accused Satish Dabas but not against accused Pawan Bajaj. His conduct is thoroughly good where as Satish Dabas is still absconding. Recovery of cash from the houses of Hari Prakash @ Kale and Twinkle Khatri is also going against Satish Dabas. Accused Hari Prakash @ Kale was present in the area of murder on 20.12.2008. His presence is coming near the area of office of Pawan Bajaj on 10.12.2008. Taking into all these facts, accused Pawan Bajaj is acquitted but accused Hari Prakash @ Kale is held guilty for the offence U/s 302/120B IPC.
Announced in the Open Court On day of 16th September, 2014 (UMED SINGH GREWAL) ASJ/Special Judge (NDPS) North Distt: Rohini Courts: Delhi State vs.Hari Prakash etc. FIR No.166/08 67 to67