State vs Ram Yash @ Lallu @ Ramesh on 28 August, 2014

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Delhi District Court

State vs Ram Yash @ Lallu @ Ramesh on 28 August, 2014

        IN THE COURT OF SH. DAYA PRAKASH, ASJ-02/FTC
         NEW DELHI DISTRICT PATIALA HOUSE COURTS
                        NEW DELHI


Case ID No. 02403R0198982006
Session Case No. 51/2012


State                 Versus               Ram Yash @ Lallu @ Ramesh
                                           S/o Kariya Kumar
                                           R/o Jhuggi No. CN700,
                                           Nangla Machi Devi Nagar
                                           Pragati Maidan, Ring Road,
                                           New Delhi.

                                           Madan Kumar
                                           S/o Shikhar Kumar
                                           C/o Hakim Shah
                                           H. No. 103, Harijan Mohalla,
                                           Aali Village, Badarpur, New Delhi.
                                           Permanent Address:-
                                           Village Mohammad Pur,
                                           PS Dumaria Distt.
                                           Sitamathi, Bihar.

FIR No. 16/2006
U/s: 302/201/394/397/411/34 IPC
PS: New Friends Colony


Date of institution of the case                         :     24.06.2006
Date of announcement of judgment                        :     03.06.2014
JUDGMENT

03.06.2014 State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 1/82

1. Both accused Ram Yash @ Lallu @ Ramesh and Madan Kumar have been facing trial in this Court for the offences punishable under Section 302/34 of IPC on allegations of the prosecution that on 12.01.2006 at about 5:30pm in a Truck bearing registration No. HR-47- 7554 at footpath, Main Mathura Road, Opposite CRRI New Delhi within jurisdiction of PS New Friends Colony, both in furtherance of common intention committed murder of Shyam Kumar @ Pandit with knife and by pressing his mouth with blanket.

Both accused have also been facing trial in this Court for the offences punishable under Section 394/397/34 IPC on the allegations of the prosecution that on above mentioned date, time and place both accused in furtherance of their common intention after committing murder of Shyam Kumar @ Pandit, both robbed his truck No. HR-47- 7554, mobile phone, Rs.1200/-, wrist watch and some other articles from the pocket of dead body of deceased.

Both accused have also been facing trial in this Court for the offences punishable under Sections 201/34 IPC on the allegations that on the above mentioned date, time and place both in furtherance of their common intention after committing murder of Shyam Kumar @ Pandit both of them threw his dead body after wrapping it with lungi with intent to cause certain evidence connected with this offence to disappear knowingly with intent to screen themselves from bigger punishment.

Accused Ram Yash @ Lallu @ Ramesh apart from above State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 2/82 also facing trial for the offences punishable under Section 411 IPC on the allegations of the prosecution that on 19.01.2006 on Service Road, Rohini Sector 24 Near Metro Station Rohini, he was found in possession of loaded truck containing 20 cartons of roof seal belonging to deceased Shyam Kumar @ Pandit which he got recovered from there which he retained or possessed or having or knowing reasons to believe the same to be stolen property.

Accused Madan Kumar is also facing trial for the offences punishable under Section 411 IPC on the allegations that on 10.08.2006 at house No. 103, Harijan Mohalla, Ali Village, Badarpur, he got recovered a wrist watch make Sonata which he got recovered from there which he retained or possessed having or knowing reasons to believe the same to be stolen property.

2. After committal, charges were framed against both accused persons vide order dated 16.01.2007 to which accused persons pleaded not guilty and claimed trial.

3. To bring home its case the prosecution examined as many as 27 witnesses. PW1 Dr. B.L. Chaudhary, PW2 Sh.Kishore Kumar Mishra, PW3 Sh.Naresh Kumar, PW4 Sh. Simran Pal Singh, PW5 Sh. R.K. Gosain, PW6 Surender Jha, PW7 Lal Kumar Thakur, PW8 ASI Bijender Singh, PW9 SI Madan Pal, PW10 Insp Vinod Pal, PW11 Ct Shiv Karan, PW12 ASI Ramesh Chand, PW13 HC Hawa Singh, PW14 State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 3/82 Sh. Siddharth Sharma, the then Addl. Sr. Civil Judge, Delhi, PW15 HC Sunil Dutt, PW16 Ct Sher Singh, PW17 Ct Sumer Singh, PW18 Ct Om Parkash, PW19 Ct Megha Nand, PW20 SI Praveen Kumar, PW21 Ct Dinesh, PW21A Ct. Maan Singh, PW22 Hakim Shah, PW23 Ct Balwant Singh, PW24 SI Nagesh Kumar Vadhera, PW25 SI Rajesh Kumar Mishra PW26 Insp Rajesh Sharma and PW27 Ms. Geetanjali Goyal, the then Principal Magistrate, JJB-2, Delhi Gate, New Delhi.

4. PW1 Dr. B.L. Chaudhary was Senior Resident, Department of Forensic Medicines and Toxicology. PW1 got conducted the postmortem of the body of the deceased Shyam Kumar @ Pandit and got exhibited his Report as Ex.PW1/A bearing his signatures at point A1.

5. PW2 Sh. Kishore Kumar Mishra deposed that deceased Shyam Kumar @ Pandit was his brother-in-law and he had identified his dead body in the Mortuary, AIIMS Hospital vide identification statement Ex.PW2/A bearing his signatures at point A1. After postmortem examination, the dead body of deceased was handed over to him vide handing over memo Ex.PW2/B bearing his signatures at point B1. Deceased Shyam Kumar @ Pandit was employed as Driver of Container in ICD Tuglakabad.

PW2 Kishore Kumar Mishra again examined in chief as supplementary challan was filed against accused Madan wherein he State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 4/82 deposed that the deceased had purchased the watch Sonata Golden when he was also present. He identified this watch before the Ld. MM in August, 2006 and his statement was also recorded by the IO. PW2 identified the watch make Sonata, golden colour Ex.P1. PW2 got exhibited the TIP proceedings of the case property i.e. Watch Ex.P1 conducted by Ms. Geetanjali Goel on 22.08.2006 as Ex.PW2/C bearing his signatures at points A and B. PW2 was duly cross examined by Ld. Defence Counsel.

6. PW3 Sh.Naresh Kumar, Senior Scientific Assistant, FSL Madhuban Chowk, Rohini deposed that 7 parcels were received in the FSL Rohini on 10.04.06. The parcels were sealed as per specimen seal. Parcels no.1 and 2 were sealed with the seal of P.K. and parcels No.3, 4 and 5 were sealed with the seal of MSL Deptt. of Forensic Medicines, AIIMS, New Delhi. On opening the parcels, parcel no.1 containing Ex.1 i.e. Earth Control, parcel No.2 containing Ex.2 i.e. Cotton wool swab, parcel no.3 containing exhibits one woolen cloth, one jacket, one cloth piece, one shirt, one underwear, one pant with belt, one baniyan, one blanket and one pair of socks. That were marked exhibits 3a to 3i respectively. Parcel 4 containing exhibit 4 i.e. a bunch of thread and piece of rubber, parcel 5 containing exhibit 5 i.e. Gauze cloth piece, parcel 6 containing exhibit 6 i.e. one piece of rexin, piece of sponge, parcel 7 containing exhibit 7 i.e. Gauze piece. On biological examination State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 5/82 blood was detected on exhibits 1, 2, 3a to 3-i, 4, 5, 6 and 7. Regarding seriological examination blood was human in origin in above mentioned exhibits. Blood on Ex.3 b, 3c, 3d, 3f, 3h, 5 and 7 was of O group and rest of the exhibits have no reaction for blood grouping. The detailed report is Ex.PW3/A and Ex.PW3/B bearing his signature at point A.

7. PW4 Sh. Simran Pal Singh deposed that he is in the transport business. He was having a truck trailor bearing No. HR 477554 driven by one Shyam Kumar @ Pandit for about one year. His brother- in-law also remained on that truck as conductor. Brother-in-law of Shyam Kumar @ Pandit went on leave about 20/25 days prior to the incident. However, Shyam Kumar @ Pandit appointed another person namely Lallu as conductor on that truck. On 12.01.2006, this truck was loaded at ICD Tuglakabad with the sheets/rolls of Tarcol numbering 20 pilots. Their Clearing Agent Surender talked to him on 6/6.30pm on that day who informed him about the clearance of documents and thereafter, his truck was taken out from Depot for Kapashera. A sum of Rs.1300/- was given by him to driver as advance. He talked to him at 10:30pm lastly on his mobile. Thereafter, his mobile phone was found switched off. The mobile number of the driver was 9312785008 and his number was 9310333303. Vehicle alongwith driver and conductor remained untraced thereafter. Therefore, he made a complaint to the police. He was called by the police after about a week at near Metro Station Rithala State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 6/82 where his above truck was found stationed at Main Road. Accused Lallu was also present there in muffled face, whose name was disclosed as Ram Yash. Police also prepared a recovery memo of the truck in his presence Ex.PW4/A bearing his signatures at point A. PW4 got exhibited the Truck as Ex.P4/1. PW4 during his examination also brought the photographs of the truck which were got exhibited as Ex. P4/P2 to P5. PW4 also got exhibited two pallets (cartons) containing rolls of roof seals Ex.P1 and Ex.P2 and deposed that to be same which was seized by the police in his presence from near Metro Station, Rithala, Main Road, which was loaded in the truck at the instance of accused Ram Yash.

PW4 was duly cross examined by Ld. Defence Counsel. During cross examination by Ld. Defence Counsel, PW4 Simran Pal Singh deposed that after the conductor went on leave, Lallu was kept as a conductor for after one month. Earlier conduct prior to Lallu remained with Shpyam Thakur for about six months. PW4 admitted that the name of earlier conductor was Ram Kishore. Ram Kishore had reported to him before proceeding on leave and he left on leave stating that one of his relatives was unwell. PW4 further deposed that he does not have the record which could suggest the movement of the truck, however, a log book is kept in the truck, which suggests its movement from place to place. He knew where the said truck was scheduled to reach on 12.01.2006. He also knew the person who had booked the State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 7/82 material. This material was to scheduled to reach till next morning i.e. on 13.01.2006. He was first informed that the truck had not reached its scheduled destination at 8 am on 13.01.2006 i.e. when he received a call from his association office at ICD, Tuglakabad stating that police officials were there inquiring about him. PW4 further deposed that he received the information of his truck in the morning of 19.01.2006 probably from the police. This truck can be seen on the place where it was positioned, if any person visits that place. PW4 further admitted in his cross examination that when the truck was traced and shown to him on 19.01.2006 the entire goods were loaded on the truck and was intact. PW4 further admitted that the truck was in a good running condition. PW4 further deposed that Ram Yash was shown to him in the Police Station Sukhdev Vihar after one or two days of the incident. PW4 further admitted that he identified Ram Yash in the court as he was shown to him in the police station Sukhdev Vihar.

8. PW5 Sh. R.K. Gosain deposed that he is working as Senior Manager in M/s Pure Leathers Pvt. Ltd. at C-5 Main Shopping Center, Vasant Vihar, New Delhi. They used to get raw material which was water proofing APP Membrain which were being supplied from Saudi Arabia. The consignment had arrived at ICD Tuglakabad from where it was to be supplied to their godown at Kapashera after custom clearance by their agent. Perhaps it was in the month of Feb.2006. The raw material was not State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 8/82 received in their godown and they contacted their clearing agents M/s Santra Cargo who informed that the truck by which the supply was to be made was not traceable and the mobile phone of the driver was switched off. They also contacted the police of New Friends Colony. Again said it was PS Sangam Vihar where they went. There he came to know from police that the dead body of the driver of the said truck was recovered and the truck was still missing. Thereafter after about 3-4 days, he came to know that the police had recovered the said truck in the area of Rohini. The said truck contained their material. The said truck was brought to PS New Friends Colony Police Station where he had identified the materials which was to be supplied to them. The said material was 20 wooden pallets. He cannot tell the number of the truck. They applied in the court for the release of their material vide application which is Ex.PW5/A bearing his signature at point A. The Ld. Court had ordered for preparing an inventory of the material and he had gone to the PS NFC at PP Sukhdev Vihar where police had prepared an inventory of the material which is Ex.PW5/B bearing his signature at point A and a seizure memo of the inventory and material was also prepared which is Ex.PW5/C also bearing his signature at point A and they got released their material as per the court order and some material was retained by the police which were two palets for future reference as per the court order. The photographs of the material were also taken. He was authorized by his Director for appearing in the court vide letter Ex.PW5/D and his other State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 9/82 applications which he had moved in the court are Ex.PW5/E and Ex.PW5/F. The photocopies of the bills which are lading bill, GR of Choudhary Transport and Custom Exchange Control copy are mark A, B and C. PW5 further deposed that his application which he had submitted in the court is also Ex.PW5/G. PW5 identified the case properties i.e. two rolls of water proofing membranes of Bitu Mat Company Ltd., Saudhi Arabia and submitted that these are the representative samples which he identified and which were taken as samples by police at the time of preparing full inventory of the goods. Both the rolls are Ex.P8 and Ex.P9 which are out of the number of samples retained by the police at PS New Friends Colony.

9. PW6 Surender Jha deposed that he is a partner in firm Sandra Cargo Service at Ring Road Naraina and engaged in Cargo Clearing Business as Custom House Agent. On 12.01.2006, they had got cleared the articles of M/s Pure Leathers Pvt. Ltd. at about 5pm from ICD Tuglakabad and was handed over to Choudhary Transporter who had hired a truck No. HR 47-7554. The truck was hired from Simran Pal Singh and the articles were got loaded in that truck. At that time driver of the truck was not present. There was a helper in the truck. He does not remember his name. The articles were got cleared by submitting documents of gate pass etc. The articles were to be off-loaded at Kapashera godown of the party. Next day, he was informed by the party that articles did not reach their godown at Kapashera. He came to know State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 10/82 that the driver of the truck was murdered and the articles of the truck were taken away. Police made inquiries from him. The helper who had loaded the articles in truck on 12.01.2006 present in the Court today (PW5 pointed out towards accused Ram Yash). He was once taken by police to Tihar Jail for identification of the helper but no TIP took place in Tihar Jail.

PW6 was duly cross examined by Ld. Defence Counsel. PW6 Surender Jha during cross examination admitted that he had been shown the photographs of accused Ram Yash in the PS.

10. PW7 Lal Kumar Thakur deposed that on 15.01.2006, he identified the dead body of his elder brother Shyam Kumar @ Pandit in the Mortuary at AIIMS vide his statement Ex.PW7/A bearing his signatures at point and after postmortem dead body was received vide receipt Ex.PW2/A.

11. PW8 ASI Bijender Singh deposed that on 13.01.2006, he was posted as Duty Officer at PS New Friends Colony from 8 am to 4 pm. At about 11.32 am, Ct Sunil Dutt came with rukka sent by SI Parveen Kumar. On the basis of same, he has lodged FIR No. 16/06 Ex.PW8/A u/s. 302/201 IPC bearing his signatures at point A. He had handed over the copy of the FIR and rukka to Ct Sunil Dutt and he has also made endorsement on rukka Ex. PW8/B bearing his signatures at State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 11/82 point A. Through Special Messenger Ct. Meganand, Motorcycle Rider, he has sent the copy of the FIR to the Ld.MM concerned and Sr. Officer of the police.

PW8 was duly cross examined by Ld. Defence Counsel.

12. PW9 SI Madan Pal deposed that on 10.04.2006, he visited the place of occurrence on the request of IO Insp. Rajesh Kumar Sharma and took rough notes and measurements on the pointing out of Insp. Rajesh Kumar. On the basis of rough notes and measurements, he prepared scaled site plan on 12.04.2006 and handed over the same to IO. Scaled site plan is Ex.PW9/A bearing his signatures at point A. PW9 was duly cross examined by Ld. Defence Counsel.

13. PW10 Insp Vinod Pal deposed that on 13.01.2006, he was posted as In-charge Crime Team at South District. On that day on receipt of information from IO, he alongwith his team reached the place of occurrence i.e. opposite CRRI Office towards Harkesh Nagar and found a male dead body aged about 26 years which was lying in the bushes. His photographer took the photographs of the dead body. He prepared the report which is Ex.PW10/A bearing his signatures at point A and the same was handed over to the IO.

PW10 was duly cross examined by Ld. Defence Counsel.

State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 12/82

14. PW11 Ct Shiv Karan deposed that on 13.01.2006, he was posted at Police Post Sukhdev Vihar, PS New Friends Colony. On that day, he was working as DD Writer. He received message through wireless set S-50 at 8.34am on the basis of same he recorded DD No. 5 Ex.PW11/A and he sent the same DD to HC Ramesh through Ct. Sunil Dutt.

15. PW12 ASI Ramesh Chand deposed that on 13.01.2006, he was posted at PP Sukhdev Vihar, PS New Friends Colony. On that day on receiving DD No. 5 through Ct. Sunill Dutt, he along with Ct. Sunil Dutt and Sumer reached opposite CRRI, Red Light, Mathura Road, where a dead body was lying on the side of pedestrian (Patri). Meanwhile, SI Praveen Kumar also reached there. SI Parveen Kumar examined the dead body and one I-card was recovered from the right side pocket of jacket of the deceased, on which Shyam Kumar @ Pandit was written and ISD Depot, Tughlakabad, was also written. Crime Team was called and Crime Team photographer had taken the photographs of the site. Sample of earth control stained with blood and blood sample was taken from the cloths of deceased, which was kept in cotton and same was kept in a small plastic box and same sealed in parcel and seal of PK was affixed on it. Earth Control stained with blood was also packed in a small plastic box and packed in a parcel and seal of PK was affixed on it and seizure of earth control and blood gauge was prepared vide seizure memo Ex.

State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 13/82 PW 12/A bearing his signatures at point A. IO also seized the identity card vide memo Ex.PW12/B bearing his signatures at point A. Thereafter, IO SI Praveen Kumar prepared application for preserving the dead body in the hospital and handed over the same to him and he along with Ct. Sumer had taken the dead body to Mortuary, AIIMS and handed over the application to Mortuary Incharge, AIIMS. Ct. Sumer was left there at Mortuary and he came back to spot with the receipt of dead body and handed over the same to IO. IO recorded his statement at spot and thereafter he left the spot.

PW12 further deposed that on 09.08.2006 he was posted at PP Sukhdev Vihar, PS New Friends Colony. He along with SHO Inspector Rajesh Sharma, SI Rajesh Mishra and Ct. Balwant, Ct. Maan Singh went to Nangla Maachi Jhuggi in official Gypsy and secret informer was also with them. They reached near CNG Filling Station, Nangla Maachi. On the pointing out of secret informer they apprehended one person, whose name was revealed as Madan Kumar, who present in the Court. Meanwhile police party from PS Tilak Marg also reached there. SHO Rajesh Sharma interrogated Madan Kumar and accused confessed that he had committed the murder of Shyam Kumar @ Pandit with the help of co-accused Ram Yash @ Lallu. His disclosure statement is Ex.PW12/C bearing his signatures at point A. Thereafter accused Madan Kumar was arrested vide arrest memo Ex. PW12/D bearing his signatures at point A. His personal search was conducted vide memo State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 14/82 Ex.PW12/E bearing his signatures at point A. Thereafter they came to PS. IO recorded statement of witnesses in the PS and on 10.08.2006 he has joined the investigation of this case. He has taken accused out from lockup and taken him to AIIMS Hospital for medical checkup and thereafter they produced accused in the Court and IO was also with him. IO had taken the PC remand of accused for two days. Thereafter they came back to spot i.e. on the side of patri opposite CRRI on Mathura Road with accused and at the pointing out of accused, pointing out memo Ex.PW12/F was prepared bearing his signatures at point A. Thereafter they went to Rithala Metro Station and accused led them to service road and pointed out the place where he had parked the container truck no. HR-47-7554, which was already recovered. On the pointing out of accused pointing out memo Ex.PW12/G was prepared bearing his signatures at point A. Thereafter IO Insp. Rajesh Sharma and SI Rajesh Mishra, he himself and accused reached outside Tuglakabad container Depot, near temporary parking near Dharam Kanta and he pointed out the place where he had murdered Shyam Kumar @ Pandit who was sleeping inside the truck with the help of co-accused Ram Yash. On the pointing out of accused IO prepared pointing out memo Ex.PW12/H bearing his signatures at point A. Thereafter accused led them to Aali village near Badarpur. Accused had led them inside his house and accused produced one wrist watch which he brought from inside his house and IO had taken the same into possession. Thereafter they came State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 15/82 back to spot and search for weapon of offence on the road towards Ashram. But the same could not be located. Thereafter they again came back to Nangla Maachi Jhuggi and went near ganda nala in search of broken mobile phone of deceased as accused has disclosed in his disclosure statement that he had thrown the broken mobile of deceased into ganda nala. They thoroughly search the broken mobile phone but the same was not located. Thereafter they came back to PS. His statement was recorded by the IO.

PW12 identified the photocopy of the I-card of deceased Shyam Kumar @ Pandit Ex. PW17/B which was recovered from the pocket of deceased and which was seized by IO in his presence.

PW12 was duly cross examined by Ld. Defence Counsel.

16. PW13 HC Hawa Singh deposed that on 13.01.2006, he was posted at PS New Friends Colony as MHC (M). On that day, SI Parveen deposited two sealed pullandas sealed with the seal of PK and he also deposited a copy of seizure memo of the same. He has entered the same at serial No. 1252. On 15.01.2006, Insp Rajesh Sharma, SHO had deposited three sealed pullandas with the seal of Department of Forensic and Medicines, AIIMS, New Delhi. He also deposited sample seal and copy of seizure memo. On 24.01.2006, Insp Rajesh Sharma, SHO PS NFC had deposited one copy of seizure memo and two sealed pullandas with the seal of NK FSL, Delhi. On 10.04.2006, vide RC No. 15/21, State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 16/82 seven sealed pullandas were sent to FSL, Rohini through Ct. Om Parkash. After depositing the same in FSL, Rohini, Ct. Om Parkash came back to Malkhana and deposited the receipt of aforesaid RC. As long as the sealed pullandas remained with him nothing was tampered with.

17. PW14 Sh. Siddharth Sharma, the then Addl. Sr. Civil Judge, Delhi got exhibited the detailed report Ex.PW1/A wherein accused Ram Yash @ Lallu @ Ramesh refused his TIP proceedings.

18. PW15 HC Sunil Dutt deposed that on 13.01.2006, he was posted at Police Post Sukhdev Vihar, PS New Friends Colony as Constable. On that day at about 8.34am, he received a DD Entry No. 5 in the area. He took the aforesaid DD and same was handed over to HC Ramesh. He alongwith HC Ramesh and Ct. Sumer went to the spot opposite CRRI, Main Mathura Road besides footpath. SI Parveen also reached at the spot. On reaching at the spot, they saw that one dead body was lying near the footpath upon the grass. The dead body was searched and one I-card in the name of Shyam Kumar @ Pandit was recovered from the dead body. SI Parveen prepared a rukka and at about 11.15am, the same was handed over to him for getting the FIR registered. He took the same to PS and came back at the spot with copy of the FIR and rukka after getting the FIR registered and same was handed over to SI Parveen. His statement was recorded by the IO. PW15 has correctly identified the State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 17/82 I-card of deceased Shaym Kumar @ Pandit Ex.PW17/B. PW15 was duly cross examined by Ld. Defence Counsel.

19. PW16 Ct. Sher Singh deposed that on 12.04.2006, he was posted at Police Post Sukhdev Vihar, PS NF Colony as Ct. On that day, on the instructions of Insp. Rajesh Sharma, he went to the office of Crime Team situated at Hauz Khas and he met with the In-charge of Crime Team and he inquired him regarding report bearing No. 33/06 and he got obtained the photographs and negatives from Ct. Dinesh which was taken on 13.01.2006 by the Crime Team and after that he had handed over the negatives and photographs to Insp Rajesh Sharma.

20. PW17 Ct Sumer Singh deposed that on 13.01.2006 he was posted at PP Sukhdev Vihar, P.S. New Friends Colony. On that day he was on emergency duty along with HC Ramesh. On that day one DD bearing No.5 was entrusted by Ct Sunil to HC Ramesh. On receiving of the said DD PW17 along with HC Ramesh and Ct Sunil went to the spot i.e. opposite CRRI, Main Mathura Road, beside footpath. SI Parveen also reached at the spot. On reaching at the spot they saw that one dead body was lying near the footpath upon the grass. The dead body was searched and one I-card in the name of Shyam Kumar @ Pandit was recovered from the right side pocket of the jacket of dead body. The said I-card was taken into possession vide memo Ex. PW12/B bearing his signatures at State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 18/82 point C. SI Parveen also took the blood stained soil which was lying under the dead body and SI Parveen also took the blood in gauze from the wound of the deceased with the help of the cotton and the earth control as well as the blood in gauze were kept in two different plastics jars and both the plastic jars were closed with its lid and both jars were kept in two different clothes and pullandas were prepared and same were sealed with the seal of PK. Same were taken into possession vide memo Ex.PW12/A bearing his signatures at point B. The seal was handed over to HC Ramesh after use. SI Parveen prepared the site plan and his statement was recorded by the IO.

PW17 further deposed that on the same day on the instructions of SI Parveen, he took the dead body of Shyam Kumar @ Pandit to AIIMS Mortuary and it was got preserved for 72 hours and after postmortem the doctor concerned had handed over him three sealed pullandas with the seal of Department of Forensic Medicine, AIIMS, New Delhi, which were having the clothes of the deceased and blood in gauze belonging to the deceased and he handed over the same to Insp Rajesh Kumar on 15.01.2006 which were taken into possession vide seizure memo Ex. PW17/A bearing his signatures at point A. Prior to the postmortem the dead body was identified by one Kishore Mishra and Lal Kumar Thakur and IO recorded their identification statements Ex. PW2/A and PW7/A. Both memos bearing his signatures at point B. Later on the dead body was handed over to brother Lal Kumar Thakur and his State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 19/82 brother in law Kishore Kumar Mishra (Jija) vide receipt Ex. PW-2/B. His supplementary statement was recorded by the IO.

PW17 was duly cross examined by Ld. Defence Counsel.

21. PW18 Ct Om Parkash deposed that on 10.04.2006 he was posted at PS New Friends Colony. On that day, on the directions of Insp Rajesh Sharma, he has received seven exhibits from Malkhana. Two parcels sealed with the seal of PK and three parcels were sealed with, Deptt. of Forensic Medicine, AIIMS and remaining two exhibits were of envelope sealed with the seal of NK, FSL, New Delhi and he has taken the same to FSL Rohini vide RC No. 15/21 and he deposited the same in the FSL and the Receipt was made on the RC and he came back to the PS and deposited the same in the malkhana. As far as the parcels remains with him nothing was tampered with it.

PW18 was duly cross examined by Ld. Defence Counsel.

22. PW19 Ct. Megha Nand deposed that on 13.01.2006, he was posted as Motorcycle Rider at PS New Friends Colony. On that day, Duty Officer handed over to him the copy of of FIR No. 16/05 for deliver the same to the Senior Officials and to the Ld. MM. Accordingly, in the evening he had gone to the residences of the Ld. MM and concerned Joint CP, DCP and ACP and deliver the copy of the FIR.

23. PW20 SI Praveen Kumar deposed that on 13.01.2006, he State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 20/82 was posted as I/C PP Sukhdev Vihar Police Station New Friends Colony. At about 8:34 AM, he received DD No. 5 at PP Sukhdev Vihar regarding a dead body lying at Opp. CRRI on Mathura Road. He reached at the spot and found HC Ramesh, Ct. Sumer and Ct. Sunil Dutt who were present there as the aforesaid DD number was marked to HC Ramesh. PW20 being I/C of the PP reached there at the spot. There he found a dead body of a male was lying besides the footpath. It appeared that the dead body was dumped there. It was found that the hands were tied with a maroon lungi from the elbows. There was navy blue colour jacket, dark blue colour shirt and gray pants on the dead body. On further inspection, stab injuries on the left side of neck, right side of chest, right back and two stab injuries on right hip were found on the body of the deceased. HC Ramesh showed him an identity card stating that it has been found from the pocket of the deceased. The I-card was of the deceased issued from ICD Transport Union. The crime team and photographer were called by him. PW20 picked up earth control Centre and blood sample from the dead body and prepared seizure memos already Ex. PW 12/A bearing his signature at point C. PW20 prepared a rukka Ex.PW20/A bearing his signature at point A and he handed over the same to Ct. Sunil Dutt for registration of the case who left for Police Station immediately. Thereafter, he inspected the spot and prepared site plan Ex. PW20/B bearing his signature at point A. Thereafter, he prepared seizure memo of I-Card of deceased already Ex. PW12/B bearing his signature at point A. State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 21/82 Crime team who had reached at spot had inspected the spot and taken several photographs of the spot from various angles. Meanwhile, Ct. Sunil Dutt came back to the spot with copy of FIR and rukka and handed over the same to him. Thereafter, he filled up a Inquest Form 25.35B regarding dead body and he recorded the statement of Ct. Sumer and he prepared application for preservation of dead body in the hospital mortuary and handed over the same to Ct. Sumer and he sent him to AIIMS Hospital alongwith dead body. Thereafter, he recorded statement of other witnesses and came back to police station and deposited the case property in the malkhana. Further investigation was transferred to SHO NFC and on 15.01.2006 Ct. Sumer handed over 3 sealed pulanda to the IO Insp. Rajesh Sharma, SHO, NFC which were sealed with the seal of Department of Forensic Medicine, AIIMS. The same were taken into possession vide seizure memo already Ex. PW 17/A bearing his signature as a witness at point B by IO. On 18.01.2006, accused Ram Yash was arrested by them at the instance of informer from Ring Road, near street leading towards Mangla Macchi at around 09:30 PM. He signed as a witness on the arrest memo Ex. PW 20/C bearing his signature at point A and personal search memo Ex.PW20/D was also prepared in his presence bearing his signature at point A. IO interrogated accused and recorded disclosure statement Ex. PW 20/E bearing his signature at point A, B and C running on three pages and accused was sent to hospital for medical check-up. Thereafter, he was put up in lock-up at Police Station S.N. Puri.

State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 22/82 On next day i.e. 19.01.2006, he had joined the investigation with IO and accused was taken out from the lock-up and accused lead them to Mathura Road Opp. CRRI and pointed out the place where he dumped that dead body and IO prepared pointing out memo Ex. PW 20/F bearing his signature at point A. Thereafter, accused lead them to container depot at Tughlakabad and taken them to kachhi parking and pointed out that place where he along with co-accused had murdered the deceased inside the truck and IO had prepared the pointing out memo of the place of murder vide memo Ex.PW20/G bearing his signature at point A. Thereafter, accused lead them to Rohini, in Sector no. 24 near Rithala Metro Station where on service lane, a trailer/truck no. HR-47-7554 was found in the park there in which 20 bundles of roof sealing material were loaded. A crime team insisting of photographer and finger print expert were called and IO seized the aforesaid loaded trailer vide seizure memo already Ex. PW4/A bearing his signature at point B. Thereafter, accused was taken to the court, Patiala House Courts, Delhi and accused was kept in muffled face right from the time of arrest and the aforesaid trailer was also brought to PP Sukhdev Vihar. On 24.01.2006, an expert from FSL Naresh Kumar came to PP Sukhdev Vihar and he had examined aforesaid trailer and he picked up a piece of rexin from the back side seat of the trailer and he also picked up a blood stain from the side window of the trailer and he handed over the same to SHO/IO and he prepared seizure memo Ex. PW 20/H bearing his signature at point A. Thereafter, as per State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 23/82 the directions of Hon'ble Court, case property i.e. roof sealing material were released on superdari after preparing two inventory memos and taking photographs. Inventory memo Ex. PW 5/C prepared on 09.02.2006 bearing his signature at point B and inventory memo dt. 17.02.2006 already Ex. PW5/B bearing his signature at point B. PW20 has correctly identified the case property i.e. a photographs of roof sealing material Ex.PW-20/P-1 to Ex. PW20/21 and stated that these are the same photographs of ceiling material recovered at the instance of accused Ram Yash, which were lying on the trailor, photographs of trailor were Ex. P-2 to P-5.

PW20 was duly cross examined by Ld. Defence Counsel.

24. PW21 Ct Dinesh deposed that on 13.01.2006, he was posted Crime Mobile Team, South District, C.R. Park. He came on the spot alongwith SI Vinod Pal, I/C Crime Team i.e opposite CRRI, Mathura Road, New Delhi. A dead body was lying on the foot path. On the instructions, he had taken 10 photographs of the dead body from various angles. Photographs were Ex.PW21/1 to Ex.PW21/10. Photographs are the same which were taken by him at the spot. He also handed over the negatives to the IO.

25. PW21A Ct. Maan Singh deposed that on 09.08.2009, he was posted at New Friends Colony. On that day, he has joined the State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 24/82 investigation of this case and he alongwith IO of the case SHO Rajesh Sharma, SI Rajesh Mishra, HC Ramesh Chand, Ct Balwant went to Nangla Machi in the official Gypsy regarding investigation of this case, where secret informer met them and informed that accused Madan Kumar was present near CNG Pump, Nangla Macchi Jhuggies. On the pointing out of the secret informer, who was passing near CNG Pump, Nangla Macchi was apprehended by them and on interrogation, his name was revealed as Madan Kumar. He also told that he is residing in H. No. 103, Harijan Mohalla, Aali Gaon, Badarpur, Delhi. He was arrested and his personal search was conducted and he was interrogated by IO and his disclosure statement was recorded. He disclosed that he can get recovered wrist watch belonging to deceased. Thereafter, they came back to the Police Station. PW21A has correctly identified accused Madan Kumar during his chief examination.

PW21A was duly cross examined by Ld. Defence Counsel.

26. PW22 Hakim Shah in his testimony which was recorded on 18.02.2010 deposed that four years back he was at his house. Police came to his house and they searched the room in which Madan was staying and they have recovered a wrist watch from there. They have seized the same vide seizure memo Ex. PW22/A bearing his signatures at point A. Madan Kumar had taken that room on rent 20-25 days prior to this incident. PW22 has correctly identified accused Madan Kumar State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 25/82 during his chief examination. On showing the case property Ex.P-1 i.e. Gold Colour Wrist Watch, PW22 deposed that it seems that it is the same watch, which was recovered from the room which was given to Madan by him.

In re-examination by Ld. APP, PW22 admitted that the police came to his house on 10.08.2006 when the watch was recovered. PW22 denied the suggestion that Madan was with police they visited his house to recover the watch. PW22 volunteered that police had called him to PS, Madan was in their custody, however, Madan was left in the PS and he was made to accompany the police to his quarter. PW22 also denied that accused Madan was not brought to his house by police when recovery was made. PW22 further denied that he has been won over by accused Madan and he deposing falsely regarding recovery of this watch.

27. PW23 Ct Balwant Singh deposed that on 09.08.2006, he was posted at Police Post Sukhdev Vihar, PS New Friends Colony. On that day, he alongwith SHO Rajesh Sharma IO of this case and SI Rajesh Kumar Mishra, HC Ramesh, Ct. Maan Singh went near CNG Pump Nangla Macchi, Near Jhuggi in the official vehicle. Secret Informer met IO and they searched for accused and lot of persons gathered there who were removed from there by local police from PS Tilak Marg who reached there. On the pointing out of secret informer they have apprehended one person who was passing near CNG Pump, whose name State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 26/82 later on revealed as Madan Kumar. He was interrogated by the IO and he was arrested and his personal search was conducted. IO also recorded his disclosure statement. Thereafter, they came back to the police station.

PW23 was duly cross examined by Ld. Defence Counsel.

28. PW24 SI Nagesh Kumar Vadhera, Finger Prints Expert deposed that on 08.09.2006, he was posted at Finger Print Bureau as Incharge Search Section. He received Finger Prints search slip of one Madan Kumar @ Kalia, s/o of Ishwar Kumar, r/o. Village Mohd. Pur, PS Dumaria, Distt. Sitamathi, Bihar vide search No. 50095585 Ex.PW24/A which was duly given to ASI Madan Singh Bisht, Finger Prints Expert for search in the record. He submitted his report that it is identical with the conviction slip vide No. 0075827 Ex.PW4/B of one Madan Thau @ Madan Kumar, son of Shakhar Thau @ Shakhar Kumar @ Ishawar Kumar, r/o Radhopur, PS Mahender Nagar, Distt. Dhankari Nepal. According to their record, he had two more addresses i.e. Raju Jhuggi No. 830, Nangla Macchi, Sarai Kale Khan, New Delhi and Village Mohd. Pur, PS Dumari, Distt. Sitamarhi, Bihar. According to their record, he had two convictions i.e. (i) FIR No. 42/2000 under Section 380/ 511 IPC PS Tilak Marg in which he was convicted by Ld. MM, New Delhi on 17.02.2011 as already undergone plus fine of Rs.100/- and (ii) FIR No. 985/03, PS Kalkaji under Section 25 Arms Act in which he was State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 27/82 convicted by the Ld. MM on 21.01.2004 as RI for two and half months. This report is on the back side of search slip Ex. 24/C bearing his signatures at point A. PW24 was duly cross examined by Ld. Defence Counsel.

29. PW25 SI Rajesh Kumar Mishra deposed that on 09.08.2006, he was posted at Incharge Police Post Sukhdev Vihar. On that day, he joined the investigation of this case and accompanied the Insp Rajesh Sharma, IO of the case. HC Ramesh Chand, Ct Balwant and Ct Maan Singh were also with them. They all went in Government Gypsy vehicle to Nangla Maachi Near Pragati Maidan. Secret informer informed the IO that accused Madan present in the area, as such, on his identification accused Madan Kumar, present in the Court was apprehended. Some people had collected there. Local police of Tilak Marg Police Station had also arrived. The local police staff removed the crowd collected there. Accused was arrested. IO prepared the arrest memo Ex. PW12/D, personal search memo Ex.PW12/E and also the disclosure statement Ex.PW12/C bearing his signatures at point B on all the memos. His statement was recorded by the IO.

PW25 further deposed that on the next day, he again joined the investigation and accompanied the IO along with HC Ramesh, Const. Balwant and accused. Accused led them to Rithala where the truck was left behind by accused persons. Accused pointed out that the place where State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 28/82 they have kept the truck after killing the driver. Pointing out memo Ex.PW-12/G was prepared in this regard bearing his signatures at point B. Accused Madan Kumar also led them to ICD Container Depot Tuglakabad and he pointed out the place where the deceased was killed. Memo to this effect Ex.PW-12/H was prepared bearing his signatures at point B. Thereafter accused led the police party opposite CRRI, Mathura Road where after the murder, the body of the deceased was dumped. The pointing out memo Ex.PW12/F to this effect was prepared bearing his signatures at point C. Accused thereafter led police party to his house from where he produced a watch from a bag from his room, which was taken into possession after the same was converted in a sealed parcel and was sealed with the seal of RKS and was taken into possession vide memo Ex.PW22-A. At that time the house owner Hakim Shah was also present and he also put his signatures on the seizure memo at point A. His signatures at point B on the memo. Accused Madan was then taken for medical examination and was later produced in the Court by the IO. From the Court accused was again taken to Nangla Maachi. He pointed out ganda nala and pointed out and disclosed that he had thrown the mobile after breaking the mobile in the nala. The efforts was made to search the nala but mobile phone could not be recovered. Accused kept leading the police party to different places for the recovery of knife where he had thrown knife after committing the murder. After best efforts the knife could not be recovered. On the respective memos State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 29/82 accused has also put his signatures. His statement was again recorded by the IO. The watch made Sonata, Golden colour which was correctly identified by PW25 in his examination.

PW25 was duly cross examined by Ld. Defence Counsel.

30. PW26 Insp Rajesh Sharma deposed that in January, 2006, he was posted as SHO Police Station New Friends Colony. Investigation of FIR No. 16/06 was taken over by him on 14.01.2006 from SI Parveen Kumar who briefed him about what all he had done on 13.01.2006. DD No. 5 Ex. PW11/A, dated 13.01.2006 was received in the Police Post Sukhdev Vihar and the same was marked to HC Ramesh Chand. SI Parveen Kumar was also informed and directed to reach at the spot at Near CRRI Red Light, Mathura Road. He informed the Crime Team as well and reached the spot. On the endorsement of SI Parveen Kumar Ex. PW 20/I, FIR Ex. PW 8/A was registered. SI Parveen Kumar had also handed over all the documents relating to the FIR including site plan Ex. PW 20/B, memo Ex. PW 12/A, 12/B and informed him that the sealed parcels have already been deposited in the Malkhana by him. He also visited the spot on 13.01.2006 where ACP Sanjay Tyagi had also visited the spot on 13.01.2006.

PW26 further deposed that he took over the further investigation from 14.01.2006. He tried to search for the vehicle i.e. truck and accused but could not find/trace on 14.01.2006.

PW26 further deposed that on 15.01.2006, postmortem of State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 30/82 deceased Shyam Kumar @ Pandit was conducted at AIIMS Hospital. The dead body had already been sent to AIIMS Hospital Mortuary on 13.01.2006 by SI Parveen Kumar vide requisition Ex. PW26/A. The inquest form Ex. PW 26/B had already been prepared by SI Praveen Kumar. The dead body was identified by Kishore Kumar Mishra and Lal Kumar Thakur, brother-in-law and brother respectively of the deceased. Their statements were recorded vide Ex. PW2/A and 7/A. After the postmortem was conducted the dead body was handed over to the relatives vide memo Ex. PW2/B bearing the signatures of the relatives who took over dead body. Ct Sumer Singh collected three sealed Parcels containing the cloths, blood gauze, Janeu (thread), alongwith the sample seal, which he had collected from the doctor, were handed over to him, which were taken in possession vide seizure memo Ex. PW 17/A in the presence of the Const. and SI Praveen Kumar appearing his signatures at Point C on the memo.

PW26 further deposed that the statement of SI Praveen Kumar, Ct Sumer Singh, Kishore Kumar Mishra and Lal Kumar Thakur were recorded by him. He had also recorded the statement of witnesses of the Crime Team who have conducted the proceedings like photographs and other witnesses. The portrait of the suspected accused Lala was got prepared from the Crime Team. Accused was searched around the suspected area but he could not be traced. The sealed parcels containing exhibits were later deposited in the Malkhana.

State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 31/82 PW26 further deposed that during the investigation it was revealed that on truck No. HR-47-7554, which was being driven by the deceased, the helper namely Lala was working on the date of murder as Helper, therefore, he was searched at Nangla Macchi Jhuggi Complex where he had got the information that he was residing but he could not be traced. He had also collected the call records of telephone no. 9312785008, which was being used by the deceased. The call records running into ten pages, which he obtained from the company which is Ex. PW 26/C-1 to C-10.

PW26 further deposed that on 18.01.2006, SI Parveen Kumar and Ct Davender joined in the investigation. He was in his Govt. Vehicle whereas SI and Constable were the private vehicle. They reached in search of accused in Nangla Macchi Jhuggi Complex. A secret information was received that accused Lala will come in Nangla Macchi Jhuggi Complex. They waited for the arrival of accused and at about 9:30 p.m. accused Ram Yash, present in the court, came for the side of Ring Road, who was identified by the informer, he was apprehended and interrogated. When he disclosed that he along with co-accused Madan had murdered the deceased Shyam Kumar @ Pandit in the night of 12/13.01.2006.

PW26 further deposed that on 18.01.2006, accused Ram Yash, present in the court, was apprehended and interrogated by him. He was arrested by him vide memo Ex. PW 20/C and his personal search State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 32/82 was conducted vide memo Ex. PW 20D. Accused also put his signatures at point X on said memos. His signatures as well as signatures of the witnesses SI Parveen Kumar and Ct Devender were also appended on these memos at points A and B. His signatures at point C. Accused made a disclosure statement vide disclosure memo Ex. PW 20/E, which was also counter-signed by accused at point X in the presence of the witnesses. The witnesses put their signatures at point C and A. His signatures on the memo at Point D. Accused was kept in muffled face as his identity was to be conducted.

PW26 further deposed that on the next date i.e. on 19.01.2006, accused led the police party to the place where dead body was found and the same was thrown by accused persons after committing the murder. The pointing out memo to this effect was recorded and is Ex. PW 20/F. The signatures of accused on this memo at point X and his signatures at point B. Thereafter, accused led the police party to Inland Container Depot, Tughlaqabad. Accused pointed on the temporary parking outside the Depot, where the truck was parked on 12.01.2006 and the deceased driver was sleeping in the rear seat of the truck. He further disclosed that while deceased was sleeping he along with co-accused Madan Kumar, present in the court, committed the murder of the driver i.e. Shyam Kumar @ Pandit. The memo to this effect is Ex. PW 20/G, which was signed by accused at point X, by SI Praveen Kumar at point A. His signatures at point B. Accused then led the police party to the place State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 33/82 where he and co-accused, after the murder, had taken away the loaded truck and parked. Accused took them to the Service Road, Main Road, Sector 24, Rohini, a little further to Rithala Metro Station and got recovered the parked truck no. HR-47-7554, in which there were 20 cartons of roof sealing material. The material was covered with the plastic sheet. He further disclosed that after committing the murder and had parked the truck at the spot. He immediately called the Crime Team, North-West District and Finger Print Experts from Malviya Nagar. After completing the proceedings by the Crime Team and Finger Print Expert, he took into possession the above mentioned loaded truck. The pointing out memo and seizure memo in this respect is Ex. PW 4/A. Accused also appended his signatures at point X on this memo. The signatures of the witnesses at point A and B. His signatures on the memo at point C. He had called the owner of the truck Simran Pal Singh, and he had accompanied them from the Container Depot, Tughlaqabad to this spot where the loaded truck was parked. His signatures at point A. He recorded the statement of both these witnesses. Accused with the muffled face was produced before the Court and from the court, accused was sent to the judicial custody. On 20.01.2006, he requested the concerned court for conducting the TIP in respect of this accused. His request to this effect is Ex. PW 26/A. The TIP proceedings were conducted on 23.01.2006. He obtained the copy of the TIP proceedings vide his application Ex. PW 26/B. The copy of the TIP Proceedings are State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 34/82 Ex. PW 26/C, however, the original TIP proceedings are already Ex. PW 4/A. Accused had refused to join the TIP proceedings. His statement was also recorded by the concerned Ld. MM. On 24.01.2006, Mr. Naresh Kumar, Senior Scientific Assistant, FSL Rohini, was called for the inspection of the truck. His application to this regard is Ex. PX. He inspected the truck and during the inspection he had collected one rexin piece from the rear seat of the truck no. HR-47-7554. He also took the blood stains on a cloth piece. He converted these exhibits into two separate envelopes and sealed with his seal NK FSL Delhi. These exhibits were handed over to him, which he took into possession vide seizure memo Ex.PW 20/H. The Sr. Scientific Assistant also signed this memo at point B. SI Parveen Kumar, who was accompanying him witnessed the memo at point A. His signatures at point C. Afterward these exhibits were deposited in the Malkhana. On 28.01.2006, he also took two days' police remand of accused and efforts were made to recover the mobile phone of the deceased and the weapon of offence and to trace the other accused Madan Kumar. His application to this regard is Ex. PW 26/D and orders of the Ld. MM are Ex. PW 26/E. But he could not succeed in the recovery of the above mentioned items and co-accused could not be arrested at that time. On the request of the owner R.K. Gosain, the material loaded on the truck was released to him by the Ld. MM vide orders dt. 27.02.2006. By the orders of the Ld. MM, pallet no. 4, containing 28 rolls of roof seals material and pallet no. 16 containing State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 35/82 23 rolls were retained as sample. The copy of the order is Ex. PW 26/F. As per the orders of the Hon'ble Court dt. 09.02.2006, he had prepared the inventory and took photographs of this material from all angles. During this process one pallet of this material got broken. All these proceedings were brought in the seizure memo Ex. PW 5/C, which bears his signatures at point C. He also prepared a detailed inventory, the inventory memo Ex.PW5/B bearing his signatures at point B. The photographs taken by the Crime Team on 13.01.2006 are Ex. PW 21/P-1 to 21/P-10. The scaled site plan was got prepared during the investigation, the same is Ex. PW 9/A. The report of the Crime Team dt. 13.01.2006 Ex. PW10/A was received along with the papers from SI Praveen Kumar. The Crime Team Report dt. 19.01.2006 was also received later. The same is Ex. PW 26/G. The exhibits were sent to FSL and later on the FSL report was received, which are Ex. PW 3/A and 3/B. The correspondence for obtaining the FSL Report is Ex. PW 26/H-1 to 26/H-8. The truck no. HR-47-7554 was released to the Superdar by the orders of this court. The orders of the court in this regard are Ex. PW 26/J on the orders of the concerned Ld. MM for the release of the sealing material Ex. PW 26/F, the photographs from the different angles are exhibit PW 26/K1 to K26. After the completion of the investigation against accused Ram Yash, he filed the challan in the court against him. Accused Madan Kumar was not traceable inspite of the best efforts made by him as such the photographs were published in different newspapers on 18.05.2006. The copies of the State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 36/82 newspapers cutting are Ex. PW 26/L1, L2 and L3. On 09.08.2006, he had the secret information that accused Madan Kumar is likely to visit Nangla Macchi Jhuggies therefore he alongwith his staff SI Rajesh Mishra, HC Ramesh Chand, Ct. Balvant, Ct. Maan Singh in the government vehicle driven by Ct. Babu Lal and operator Ct. Pawan went to Nangla Macchi in search of accused Madan Kumar. On the pointing of the informer accused Madan Kumar was present in the court today was apprehended and was arrested vide memo Ex. PW 12/D. Accused also put his signatures at point D. The personal search of accused was conducted vide memo Ex. PW12/E accused signed at point C, the witnesses signed at point A and B, his signatures at point D. Accused made disclosure statement about the commission of the offence and other articles and could lead them to the place of occurrence and the place where the truck was parked, after the murder of the driver of truck no. HR-47-7554. Disclosure statement was recorded vide memo Ex.PW 12/C on which accused put his signature at point C, witnesses at point A and B and his signatures at point D. On 10.08.2006 accused took them to Rohini Sec-24 and pointed out service road, main road near Metro Railway Station Rithala where the loaded truck was parked after the murder of its driver. Pointing out memo is Ex. PW12/G. He also lead them to place where the dead body was thrown. The pointing out memo to this effect is Ex. PW 12/F. Accused also took them to parking near Inland Container Depot Tuglakabad where the murder was committed.

State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 37/82 Pointing out memo to this effect is Ex. PW 12/H to this effect is Ex. PW 12/H. Accused also lead the police party to his rented house at House no. 103 Harijan Mohala, Ali Gaon, Badarpur, New Delhi. From the bag kept on the shelf of the wall in his room, he took out a golden colour wrist watch make Sonata and handed over to him and stated that he had removed this watch from the hand of deceased Shyam Kumar @ Pandit after his murder. This watch was kept in a cloth and converted in a sealed parcel and was duly sealed with seal of RKS and was taken into possession vide seizure memo Ex. PW 22/A which was signed by accused at point C whereas the witnesses signed at point A and B and his signatures at point D. Accused was produced in a concerned court from where the two days police remand was obtained vide his application and orders of the courts Ex. PW 26/L during this police remand, he made effort to recover the other articles. Sealed parcel was deposited in a malkhana on 10.08.2006. On 17.08.2006, he requested the TIP of the watch recovered from accused vide application Ex. PW 26/M. Kishore Kumar Mishra brother in law of the deceased was called in the court for TIP proceedings of the recovered watch was conducted by the Ld. MM which is Ex. PW 2/C. The recovered watch was rightly identified by Kishore Kumar Mishra before the Ld. MM. He recorded the statement of the witnesses and completed the investigation and filed the supplementary challan in the court against accused Madan. The witness identified the wrist watch Ex.P3 which was got recovered by accused State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 38/82 Madan Kumar present in the court, from his house and was taken in the possession vide memo Ex. PW 22/A. PW26 was duly cross examined by Ld. Defence Counsel.

31. PW27 Ms. Geetanjali Goyal, the then Principal Magistrate, JJB-2, Delhi Gate, New Delhi.

PW27 deposed that on 17.08.2006 the TIP of the case property i.e. watch was marked to her by Link MM Sh. Manish Yaduvanshi. On the application moved by Insp. Rajesh Sharma Ex.PW27/A vide order of Sh. Manish Yaduvanshi Ex.PW27/B encircled red bears his signatures at point A and said application was fixed for TIP by her at point B for 22.08.2006.

32. In order to explain the circumstances appearing in the evidence, all the incriminating evidence has been put against accused both accused person while examining him U/s 313 Cr.P.C. Accused persons choose not to lead any defence evidence.

33. I have heard the argument on behalf of State as well as on behalf of accused. Ld. Defence Counsel also filed written arguments.

34. In the arguments, it is stated by counsel for accused that prosecution has failed to prove charge against both accused persons beyond reasonable doubt.

It is further stated that present case is entirely based on circumstantial evidence and in such cases, motive acquired special status, however, in the present case, the motive is 'not proved' rather stands 'disapproved'. It is submitted that admittedly all witnesses PW4, 5, 6 and IO have admitted that truck was found loaded with entire goods i.e. 20 rolls. Not even a single roll was missing. If the motive was to loot the truck but the same was not looted at all then the motive has not been State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 40/82 established. As admitted by PW26, the truck was in the good running condition shows its battery etc. were also intact and were not looted.

It is further stated by Ld. Defence Counsel that 'last seen' as attributed to PW4 and 6 also does not stand proved and 'last seen' is not attributed to accused Madan Kumar. As per PW26, he got the portrait of accused Ram Yash made but as per challan, it was made at the instance of PW4. Be that as it may, neither PW4 nor PW6, in there testimony say that they got the portrait of accused Ram Yash made. On the contrary, both PW4 and PW6 in their cross examinations interalia conceded that they were shown Ram Yash in the police station. Further they identified Ram Yash in the Court only on the basis of he being shown to them in Police Station. Therefore, refusal of TIP by Ram Yash which was infact on the same very ground does not help the prosecution case at all.

It is further stated by Ld. Defence Counsel that the conduct of PW4 is highly improbable. PW4 could not, at first instance, give the name of first helper, though he stayed for much longer period than for accused Ram Yash. Admittedly, the helpers have no dealings or connections with him. So much so they are not even on his pay rolls. Therefore, it is strange that the earlier helper met PW4 and informed that he was leaving as relative not well. It is further argued that it is strange that he conspicuously left 20/25 days before incident. He has not been examined by Investigation Agencies. No investigation has been done on State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 41/82 this line. PW4 expressed his inability to say if there was any dispute relating to salary between deceased and his relative i.e. ex-helper. Hence, it is submitted that the 'last seen' nor 'TIP refusal' holds any water in law.

It is further stated by the Ld. Defence Counsel that 'recovery of watch' is attributed only to accused Madan. PW2 and PW22 are relevant witnesses in this regard. PW2 was not associated with recovery of watch. He did not say about the watch whether the deceased used to wear or its make/description, its missing etc. at the first instance. He could not say if it was sealed or not. Hence, its TIP is of no consequence or significance. It is further stated that recovery of watch at the instance of accused Madan and its relevance u/s. 27 Evidence Act is totally demolished by PW22, who is an independent witness. He candidly deposed that it was recovered by police and they were not even accompanied by Madan. Hence, the recovery has not been effected by or at the behest or even in the presence of Madan. Even the seizure memo in this regard does not stand proved as the witness does not know what was written on it. The recovery of watch by Madan is not proved.

It is further stated by Ld. Defence Counsel that 'recovery of truck' cannot be said to be recovery u/s. 27 of Evidence Act. The police had information about missing of the truck since 13.01.2006. The truck was parked in a position easily seen from main road. The place of alleged dumping of truck is a crowded public place having heavy traffic State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 42/82 day and night. Hence, the alleged pointing out after 7 days of its missing or recovery at behest or pointing out of accused is absurd, improbable and unavailable.

It is further stated by Ld. Defence Counsel that it is absurd that neither goods, nor body parts were taken away and only ordinary watch of petty amount was removed. Even mobile of deceased was allegedly thrown away. It is further stated that recovery of dead body is also from the spot which was crowded and well visited and could be seen easily. Therefore, alleged pointing out by accused is of no consequence. The place was in the knowledge of police since its recovery i.e. 13.01.2006. Moreover, it is absurd for the prosecution to allege that accused would kill him elsewhere and dump the body at a place easily visible i.e. adjacent to footpath. Even the alleged place/spot of murder 'kacchi parking' is full of trucks, parking boys, attendants, drivers etc. It is further stated by Ld. Defence Counsel that there is no medical and scientific evidence connecting accused to the incident. The mobile of deceased neither recovered nor proved. Nor the alleged CDR are proved. The alleged weapon of offence i.e. knife not recovered. No public person, despite availability joined for any proceedings whatsoever.

It is further stated that PW8 shows FIR tempered as name of Kishore Kumar added later in original FIR. There are various contradictions in testimonies of police officials with regard to timing, position of dead body etc. State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 43/82 It is further stated that all the links i.e. motive, last seen by PW4 & PW6, recovery of watch, TIP of watch, refusal of TIP, medical and scientific evidence have not been proved and there are vital loop holes and missing links in the case of prosecution.

Ld. Defence Counsel cited Sunny Kapoor vs. State (UT of Chandigarh) (2006) 10 SCC 182 and Alizan vs. State 2010 [2] JCC 1366.

In view of above, it is submitted by Ld. Defence Counsel that prosecution has failed to prove beyond reasonable doubt the guilt against both accused and both be acquitted of the charges.

35. On behalf of State, Ld. Addl. PP presented the facts of the case and submitted that from documentary evidence as well as oral evidence, the prosecution has succeeded in proving its case against accused. Ld. Addl. PP further argued that the prosecution witnesses have supported the case of the prosecution. It is further stated that all the ingredients i.e. motive, intention and actus-reus on the part of both accused have been duly proved by the prosecution beyond reasonable doubt. It is fairly admitted that besides disclosure statement which is hit by Section 25 & 26 of Indian Evidence Act, however, the discovery which was made on the basis of disclosure statement can be proved under Section 27 of the Indian Evidence Act and this further proves the case beyond reasonable doubt. It is further stated by Ld. APP that motive to kill is clearly discernible when the goods were taken out of the State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 44/82 possession of lawful custodian and kept somewhere else. If accused were not successful in selling the goods which were taken out of possession of lawful custodian, the prosecution cannot be blamed. It is further stated by Ld. APP that accused Ram Yash @ Lallu was last seen and now it was his duty to prove as to what was lastly happened, to which he made the disclosure statement and his disclosure statement is proved under Section 27 Indian Evidence Act. It is further stated by Ld. APP that subsequent conduct and conduct during act are adverse. Refusal to join the TIP proceedings is further adverse. It is further stated by Ld. APP that arguments advanced by Ld. Defence Counsel that both accused were shown admittedly in the PS to the witnesses but shown for what purpose, sometime accused were shown to ascertain by the police whether the investigation was on the right track or not. There is no suggestion that accused were shown only for the purpose of identification. Besides arguments to this effect, no such fact has been proved on record that accused Ram Yash @ Lallu was shown to the witnesses only for the purpose of identification. So far as accused Madan Kumar is concerned, despite efforts, he could not be traced out and he continuously running away from police. This is his previous conduct and this shows that he has guilty mind. His portrait was published in the leading newspapers and this shows that he has knowledge that police is looking after him in the present FIR and despite that he did not clean himself and this very fact goes against accused under Section 8 of the Indian Evidence Act.

State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 45/82 Watch of the deceased recovered from rented accommodation of accused Madan Kumar. Accused Madan Kumar also pointed out the parking of truck at kacchi parking of ICD, Tuglakabad and at some distance from Rithala Metro Station. Hence, it is argued by the Ld. APP that prosecution has proved the charges for which both accused are facing trial in the present case, beyond reasonable doubt.

36. I have seen the file, evidence, documents on record, photographs, written arguments and considered the arguments advanced and my findings with respect to both accused persons are as under:-

I. CIRCUMSTANTIAL EVIDENCE It is a fact that no one has witnessed the crime directly and the case of the prosecution solely rest on the circumstantial evidence. II. The relevant Sections governing circumstantial evidence in case in hands i.e. the illustration (a) provided in Section 7, the illustration (i) provided in Section 8, Sections 25, 26, 27 and 32 (1) of Indian Evidence Act are reproduced as under:-

"Section 7. Facts which are the occasions, cause or effect of facts in issue.- ...............

Illustration

(a) The question is, whether A robbed B. State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 46/82 The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant."

"Section 8. .- Motive, preparation and previous or subsequent conduct ...............

Illustration

(i) A is accused of a crime The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant."

"25. Confession to police officer not to be proved.- No confession made to a police officer, shall be proved as against a person accused of any offence."

"26. Confession by accused while in custody of police not be proved against him.- No confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate shall be proved as against such."

"27. How much of information received from accused may be proved.- Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved."

State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 47/82

32. Cases in which statement of relevant fact by person who is dead of cannot be found etc. is relevant.-......

(1) When it relates to cause of death.- When the statement is made by a person to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question.

Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. III. The case laws regarding the circumstantial evidence governing the case in hands, are as under:-

In Hanumant vs State of Madhya Pradesh AIR 1953 SC 343, it has been held by their Lordship of Hon'ble Supreme Court as under:-

"It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 48/82 chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused."

In Tufail vs. State of Uttar Pradesh (1969) 3 SCC 198; Ramgopal v. State of Maharashtra AIR 1972 SC 656 and in Sharad Birdhichand Sarda v. State of Maharashtra 1984 (4) SCC 116, it was held as under:-

"152. A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established:

(1) the circumstances from which the conclusion of guilt is to be drawn should be fully established.

It may be noted here that this Court indicated that the circumstance concerned 'must or should' and not 'may be' established. There is not only a grammatical but a legal distinction between 'may be proved' and 'must be or should be proved as was held by this Court in Shivaji Sahebrao Babade vs State of Maharashtra 1973 Cri LJ 1783 where the following observation were made:

"certainly, it is a primary principle that the accused must be and not merely may be guilty before a Court can convict, and the mental distance between 'may be' and 'must be' is long and divides vague conjectures from sure conclusions."

(2) the facts so established should be consistent only with the hypothesis of the guilt of the State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 49/82 accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty.

(3) the circumstances should be of a conclusive nature and tendency.

(4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.

153. These five golden principles, if we may say so, constitute the panchsheel of the proof of a case based on circumstantial evidence."

IV. PROOF OF DEATH It is a fact that on 13.01.2006, a male dead body was found lying Opposite CRRI, Red Light, Mathura Road, on the side of pedestrian/footpath.

PW1 Dr. B.L. Chaudhary was Senior Resident, Department of Forensic Medicines and Toxicology. PW1 got conducted the postmortem of body of the deceased Shyam Kumar @ Pandit and got exhibited his Report as Ex.PW1/A bearing his signatures at point A1.

PW10 Insp. Vinod Pal who was posted as In-charge Crime Team at South District on 13.01.2006, deposed that on that day on receipt State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 50/82 of information from IO, he alongwith his team reached the place of occurrence i.e. opposite CRRI Office towards Harkesh Nagar and found a male dead body aged about 26 years lying in the bushes. His photographer took the photographs of the dead body. PW10 prepared the report which is Ex.PW10/A bearing his signatures at point A and the same was handed over to the IO.

PW12 ASI Ramesh Chand who was posted at PP Sukhdev Vihar, PS New Friends Colony on 13.01.2006, deposed that on that day on receiving DD No. 5 through Ct. Sunil Dutt, he along with Ct. Sunil Dutt and Sumer reached opposite CRRI, Red Light, Mathura Road, where a dead body was lying on the side of pedestrian (Patri). Meanwhile, SI Praveen Kumar also reached there. SI Parveen Kumar examined the dead body and one I-card was recovered from the right side pocket of jacket of the deceased, on which Shyam Kumar @ Pandit was written and ISD Depot, Tughlakabad, was also written.

PW26 Insp Rajesh Sharma deposed that on 15.01.2006, postmortem of deceased Shyam Kumar @ Pandit was conducted at AIIMS Hospital. The dead body was sent to AIIMS Hospital Mortuary on 13.01.2006 by SI Parveen Kumar vide requisition Ex. PW26/A. The inquest form Ex. PW 26/B was prepared by SI Praveen Kumar. The dead body was identified by Kishore Kumar Mishra and Lal Kumar Thakur, State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 51/82 brother-in-law and brother respectively of the deceased. Their statements were recorded vide Ex. PW2/A and 7/A. After the postmortem was conducted the dead body was handed over to the relatives vide memo Ex. PW2/B bearing the signature of the relatives who took over dead body.

PW2 Sh.Kishore Kumar Mishra deposed that deceased Shyam Kumar @ Pandit was his brother-in-law. PW2 has identified the dead body of deceased Shyam Kumar @ Pandit in the Mortuary, AIIMS Hospital vide identification statement Ex.PW2/A bearing his signatures at point A1. PW2 also deposed that after postmortem examination, the dead body of deceased was handed over to him vide Handing- Over Memo Ex.PW2/B bearing his signatures at point B1.

PW7 Sh.Lal Kumar Thakur who is younger brother of deceased deposed that on 15.01.2006, he identified the dead body of his elder brother Shyam Kumar @ Pandit in the Mortuary at AIIMS vide his statement Ex.PW7/A bearing his signatures at point and after postmortem dead body was received vide receipt Ex.PW2/A. PW15 HC Sunil Dutt, PW17 Ct Sumer Singh and PW20 SI Praveen Kumar and PW21 Ct Dinesh also confirmed the factum of lying of a male dead body at Opposite CRRI, Mathura Road, New Delhi on 13.01.2006.

State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 52/82 Hence, it is a proved fact that on 13.01.2006, a male dead body was found lying Opposite CRRI, Red Light, Mathura Road, on the side of pedestrian/footpath.

V. In a criminal trial to prove the offence, two things are required (i) Mens-rea and (ii) Actus-reus. Unless both these elements are proved, criminal trial accusation is not proved.

VI. MENS-REA/MOTIVE It is a fact that there is no eye-witness to the incident and hence, much depend upon the circumstantial evidence produced by the prosecution in this case.

PW4 is Sh. Simran Pal Singh. PW4 having the transport business. PW4 was having a Truck Trailor bearing No. HR 477554. As per PW4, the said Truck Trailor was driven by deceased for about one year. On 12.01.2006, this truck was loaded at ICD Tuglakabad with the sheets/rolls of Tarcol numbering 20 pilots. These goods were to be used for water proofing APP Membrain and were imported from Saudi Arabia after receipt of goods at ICD Tuglakabad.

As per PW5 Sh. R.K. Gosain, the goods were to be supplied to their godown at Kapashera after custom clearance by their State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 53/82 agent. The raw material was not received in their godown. They contacted their clearing agents M/s Santra Cargo who informed that the truck by which supply was to be made was not traceable and the mobile phone of the driver was switched off. Subsequently, when the said truck was recovered, they got released their material as per the Court order.

It is a fact that these goods were valuable goods. Disclosure statement of both accused Ram Yash @ Lallu and Madan Kumar clearly states that they did the act to loot these goods and sell them in the market. Hence, clear motive that discernible from the facts was to loot the goods for which both accused made disclosure statement that they killed the driver Shyam Kumar @ Pandit to loot the goods and to sell them in market.

VII.             ACTUS REUS ON THE PART OF ACCUSED RAM

YASH @ LALLU @ RAMESH



A)               In the circumstantial evidence, the person who last seen

with deceased is very important.



B)               PW4 Sh. Simran Pal Singh deposed that he is having the

transport business. He was having a truck trailor bearing No. HR 477554 driven by one Shyam Kumar @ Pandit for about one year. PW4 further deposed that brother-in-law of deceased also remained on that truck as State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 54/82 Conductor. Brother-in-law of Shyam Kumar @ Pandit went on leave about 20/25 days prior to the incident. However, deceased appointed another person namely Lallu as conductor on that truck. Lallu is accused Ram Yash @ Lallu.

PW4 further deposed that on 12.01.2006, this truck was loaded at ICD Tuglakabad with the sheets/rolls of Tarcol numbering 20 pilots. Their Clearing Agent Surender talked to him on 6/6.30pm on that day who informed him about the clearance of documents and thereafter, his truck was taken out from Depot for Kapashera. PW4 further deposed that a sum of Rs.1300/- was given by him to driver as advance and he talked to him at 10:30pm lastly on his mobile. Thereafter, his mobile phone was found switched off. The mobile number of the driver was 9312785008 and his number was 9310333303. Vehicle alongwith driver and conductor remained untraced thereafter.

During cross examination by Ld. Defence Counsel, PW4 Simran Pal Singh deposed that after the conductor went on leave, Lallu was kept as a conductor for after one month. Earlier conduct prior to Lallu remained with Shpyam Thakur for about six months. PW4 admitted that the name of earlier conductor was Ram Kishore. Ram Kishore had reported to him before proceeding on leave and he left on leave stating that one of his relatives was unwell. PW4 further deposed that he does not have the record which could suggest the movement of the State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 55/82 truck, however, a log book is kept in the truck, which suggests its movement from place to place. He knew where the said truck was scheduled to reach on 12.01.2006. He also knew the person who had booked the material. This material was to scheduled to reach till next morning i.e. on 13.01.2006. He was first informed that the truck had not reached its scheduled destination at 8 am on 13.01.2006 i.e. when he received a call from his association office at ICD, Tuglakabad stating that police officials were there inquiring about him. PW4 further deposed that he received the information of his truck in the morning of 19.01.2006 probably from the police. This truck can be seen on the place where it was positioned, if any person visits that place.

PW4 further admitted in his cross examination that when the truck was traced and shown to him on 19.01.2006 the entire goods were loaded on the truck and was intact. PW4 further admitted that the truck was in a good running condition. PW4 further deposed that Ram Yash was shown to him in the Police Station Sukhdev Vihar after one or two days of the incident. PW4 further admitted that he identified Ram Yash in the court as he was shown to him in the police station Sukhdev Vihar.

This proves the fact that accused Ram Yash @ Lallu was lastly seen with deceased Shyam Kumar @ Pandit on the date of incident and it is for accused Ram Yash @ Lallu to explain as to what had happened on that night which he failed to explain.


State vs. Ram Yash @ Lallu & Madan Kumar
FIR No. 16/06, PS: New Friends Colony                                  56/82
 C)               It is also a fact that truck had valuable goods.



D)               The fact deposed by PW4 Simran Pal Singh is further

corroborated by PW6.

PW6 Surender Jha who was a partner in firm Sandra Cargo Service at Ring Road Naraina and engaged in Cargo Clearing Business as Custom House Agent deposed that on 12.01.2006, they had got cleared the articles of M/s Pure Leathers Pvt. Ltd. at about 5pm from ICD Tuglakabad and was handed over to Choudhary Transporter who had hired a truck No. HR 47-7554. The truck was hired from Simranpal Singh and the articles were got loaded in that truck. At that time driver of the truck was not present. There was a helper in the truck. He does not remember his name. The helper who had loaded the articles in truck on 12.01.2006 present in the Court (PW5 pointed out towards accused Ram Yash). PW6 further deposed that he was once taken by police to Tihar Jail for identification of the helper but no TIP took place in Tihar Jail.

PW6 Surender Jha during cross examination admitted that he had been shown the photographs of accused Ram Yash in the PS. E) Hence, the prosecution has proved beyond reasonable doubt that accused Ram Yash @ Lallu was in the truck and he was State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 57/82 last seen with deceased Shyam Kumar @ Pandit.

F) There are certain chain of events which proves that accused Ram Yash @ Lallu was on the truck on that night driven by deceased Shyam Kumar @ Pandit.

PW4 clearly stated about last conversation with deceased Shyam Kumar @ Pandit then there was clearing of cheque, rukka was sent after of discovery of dead body, after receipt of rukka FIR was registered duly proved by PW8 and PW20, DD no.5 has been duly proved by PW11, PW12, PW20 and PW26, recovery of dead body has been proved by PW13, PW14, PW15, PW18 and PW19, the preparation of scaled site plan has been proved by PW9, PW20 and PW26, report of crime team has been proved of PW10, sealing of parcels has been proved by PW17 and PW26, arrest of accused Madan Kumar and his disclosure statement has been proved by PW26, thereafter, discovery of truck has been duly proved by PW26, discovery of watch of deceased at the instance of accused Madan Kumar has been duly proved by PW26 and PW27, the Call Detail Reports of phone No. 9312785008 has been proved by PW26.

The above chain of incidents show that events as took place and stages of investigation.




G)               PW8 is ASI Bijender Singh who was Duty Officer at PS


State vs. Ram Yash @ Lallu & Madan Kumar
FIR No. 16/06, PS: New Friends Colony                                   58/82

New Friends Colony on 13.01.2006 from 8 am to 4 pm, received the rukka from Ct Sunil Dutt at 11.32 am. On the basis of said rukka, he registered the FIR No. 16/06 Ex.PW8/A u/s. 302/201 IPC bearing his signatures at point A. PW8 handed over the copy of the FIR and rukka to Ct Sunil Dutt and he has also made endorsement on rukka Ex. PW8/B bearing his signatures at point A. PW9 SI Madan Pal proved the scaled site plan and got exhibited the same as Ex.PW9/A bearing his signatures at point A. PW10 Insp. Vinod Pal who In-charge Crime Team at South District deposed that on 13.01.2006, upon receipt of information from IO, he alongwith his team reached the place of occurrence i.e. opposite CRRI Office towards Harkesh Nagar and found a male dead body aged about 26 years which was lying in the bushes. His photographer took the photographs of the dead body. He prepared the report which is Ex.PW10/A bearing his signatures at point A and the same was handed over to the IO.

PW11 Ct Shiv Karan was DD Writer who received the wire less at 8.34am and he recorded DD No. 5 Ex.PW11/A and he sent the same DD to PW12 HC Ramesh through PW15 Ct. Sunil Dutt.

PW12 is ASI Ramesh Chand who joined the investigation on 13.01.2006 deposed that upon receipt of DD No. 5 through PW15 Ct. Sunil Dutt went to spot i.e. opposite CRRI, Red Light, Mathura Road. PW12 deposed that on the spot, a dead body was found lying on the side State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 59/82 of pedestrian (Patri).

PW20 SI Praveen Kumar who joined the investigation on 13.01.2006 deposed that on 18.01.2006, accused Ram Yash @ Lallu was arrested by them at the instance of informer from Ring Road, near street leading towards Mangla Machchi at around 09:30 PM. He signed as a witness on the arrest memo Ex. PW 20/C bearing his signature at point A and personal search memo Ex.PW20/D was also prepared in his presence bearing his signature at point A. PW20 further deposed that IO interrogated accused and recorded disclosure statement Ex. PW 20/E bearing his signature at point A, B and C running on three pages and accused was sent to hospital for medical check-up. PW20 further deposed that thereafter, accused Ram Yash was put up in lock-up at Police Station S.N. Puri. PW20 further deposed that on 19.01.2006, he had joined the investigation with IO and accused was taken out from the lock-up and accused lead them to Mathura Road Opp. CRRI and pointed out the place where he dumped that dead body and IO prepared pointing out memo Ex. PW 20/F bearing his signature at point A. PW20 further deposed that thereafter, accused lead them to container depot at Tughlakabad and taken them to kachhi parking and pointed out that place where he along with co-accused had murdered the deceased inside the truck and IO had prepared the pointing out memo of the place of murder vide memo Ex. PW 20/G bearing his signature at point A. PW20 further deposed that thereafter, accused lead them to Rohini, in Sector no. 24 State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 60/82 near Rithala Metro Station where on service lane, a trailer/truck no. HR- 47-7554 was found in the park there in which 20 bundles of roof sealing material were loaded. PW20 further deposed that a crime team insisting of photographer and finger print expert were called and IO seized the aforesaid loaded trailer vide seizure memo already Ex. PW 4/A bearing his signature at point B. PW20 further deposed that thereafter, accused was taken to the Court, Patiala House Courts, Delhi and accused was kept in muffled face right from the time of arrest and the aforesaid trailer was also brought to PP Sukhdev Vihar. PW20 further deposed that on 24.01.2006, an expert from FSL Naresh Kumar came to PP Sukhdev Vihar and he had examined aforesaid trailer and he picked up a piece of rexin from the back side seat of the trailer and he also picked up a blood stain from the side window of the trailer and he handed over the same to SHO/IO and he prepared seizure memo Ex. PW 20/H bearing his signature at point A. PW20 during his examination has correctly identified the case property i.e. a photographs of roof sealing material Ex.PW-20/P-1 to Ex. PW20/21 and stated that these are the same photographs of ceiling material recovered at the instance of accused Ram Yash, which were lying on the trailor, photographs of trailor were Ex. P-2 to P-5.

H) The above facts and depositions have been duly corroborated by PW26/IO Insp. Rajesh Sharma who proved above State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 61/82 mentioned chain of events.

PW26 also deposed that on 18.01.2006, SI Parveen Kumar and Ct Davender joined in the investigation. He was in Govt. Vehicle whereas SI and Constable were the private vehicle. They reached in search of accused in Nangla Machi Jhuggi Complex. A secret information was received that accused Lala will come in Nangla Machi Jhuggi Complex. They waited for the arrival of accused and at about 9:30 p.m. accused Ram Yash @ Lala, present in the court, came for the side of Ring Road, who was identified by the informer, he was apprehended and interrogated. Accused Ram Yash @ Lala disclosed that he along with co-accused Madan had murdered the deceased Shyam Kumar @ Pandit in the night of 12/13.01.2006.

PW26 further deposed that on 19.01.2006, accused Ram Yash @ Lala led the police party to the place where dead body was found and the same was thrown by accused persons after committing the murder. The pointing out memo to this effect was recorded and is Ex. PW 20/F. The signatures of accused on this memo at point X and his signatures at point B. PW26 further deposed that thereafter, accused led the police party to Inland Container Depot, Tughlaqabad. Accused pointed on the temporary parking outside the Depot, where the truck was parked on 12.01.2006 and the deceased driver was sleeping in the rear seat of the truck. He further disclosed that while deceased was sleeping he along State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 62/82 with co-accused Madan Kumar, present in the court, committed the murder of the driver i.e. Shyam Kumar @ Pandit. The memo to this effect is Ex. PW 20/G, which was signed by accused at point X, by SI Praveen Kumar at point A. His signatures at point B. PW26 further deposed that accused then led the police party to the place where he and co-accused, after the murder, had taken away the loaded truck and parked. Accused took them to the Service Road, Main Road, Sector 24, Rohini, a little further to Rithala Metro Station and got recovered the parked truck no. HR-47-7554, in which there were 20 cartons of roof sealing material. The material was covered with the plastic sheet. He further disclosed that after committing the murder and had parked the truck at the spot.

PW26 further deposed that he immediately called the Crime Team, North-West District and Finger Print Experts from Malviya Nagar. After completing the proceedings by the Crime Team and Finger Print Expert, he took into possession the above mentioned loaded truck. The pointing out memo and seizure memo in this respect is Ex. PW 4/A. Accused also appended his signatures at point X on this memo. The signatures of the witnesses at point A and B. His signatures on the memo at point C. PW26 further deposed that accused with the muffled face was produced before the Court and from the court, accused was sent to the judicial custody. On 20.01.2006, he requested the concerned court for State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 63/82 conducting the TIP in respect of this accused. His request to this effect is Ex. PW 26/A. The TIP proceedings were conducted on 23.01.2006. He obtained the copy of the TIP proceedings vide his application Ex. PW 26/B. The copy of the TIP Proceedings are Ex. PW 26/C, however, the original TIP proceedings are already Ex. PW 4/A. Accused had refused to join the TIP proceedings. His statement was also recorded by the concerned Ld. MM. Hence, a fact come on record that accused Ram Yash @ Lallu has refused to join the TIP despite warning of adverse inference. This fact goes against accused Ram Yash @ Lallu.

PW26 also deposed that on 24.01.2006, Mr. Naresh Kumar, Senior Scientific Assistant, FSL Rohini, was called for the inspection of the truck. His application to this regard is Ex. PX. He inspected the truck and during the inspection he had collected one rexin piece from the rear seat of the truck No. HR-47-7554. He also took the blood stains on a cloth piece. He converted these exhibits into two separate envelopes and sealed with his seal NK FSL Delhi. These exhibits were handed over to him, which he took into possession vide seizure memo Ex.PW 20/H. The Sr. Scientific Assistant also signed this memo at point B. During cross examination by Ld. Defence Counsel, PW26 admitted that from where the truck was recovered in the Rohini Area that was the open place and it is a service road adjacent to the main road where a heavy traffic is coming and going during the day and night. PW26 further deposed that he did not make any enquiry regarding the State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 64/82 truck in question from any police station. He has already fleshed the message regarding the truck in question through PC but he did not make any enquiry regarding the truck in question parked from last how many days there from the beat constable of that particular area. PW26 further deposed that he does not recollect whether there was a key available in the truck or not. PW26 further deposed that he does not recollect the date but he got prepared the portrait of accused Ram Yash @ Lallu at the instance of Surender Jha during his course of investigation. PW26 also admitted that on 18.01.2006 at about 9.30pm, there was heavy traffic on the ring road. PW26 further deposed that no public person could join them at that time because he received the sudden secret information about the accused at that time.

I) After accused Ram Yash @ Lallu was arrested, he in brief made the following disclosure statement Ex.PW20/L:-

"He was doing the work of helper in Trucks at Inland Container Depot Tuglakabad. During course of this work, he become familiar to one Madan Kumar who was driver and was residing in a room at Nangla Machi and basically he was resident of Sitamathi, Bihar. Both of them worked together for a sufficient time and sometime both of them were remained unemployed for certain period. Because of this unemployment, their families came under debts. For meeting the daily expenses, he and Madan Kumar used to sold the batteries of trucks after stealing the batteries from the trucks. One day, both of them made State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 65/82 a plan to do a big deal and for this purpose, they will loot the truck looted with goods. After making this plan and to implement the same, Madan advised him to work in some other truck. Accordingly, few days prior, accused Ram Yash started working as helper in the truck No. HR-47-7554 of Shyam Kumar @ Pandit who was known to them earlier. On 12.01.06 at about 5-5.30pm, he got loaded the goods in the truck of Pandit. He informed Satish Kumar @ Pandit on phone from phone of CHA and call him. Satish Kumar @ Pandit parked the truck in the kacchi parking and started waiting for lifting of bank of 'No entry'. The goods were to be delivered at Kapashera Delhi. Satish Kumar @ Pandit came on the truck and slept on the back seat of the truck. Meanwhile, Ram Yash called Madan Kumar who arrived at that place. After arriving, Madan Kumar took out the knife and accused Ram Yash covered the mouth of Satish Kumar @ Pandit with blanket. Accused Madan gave several blows by knife on the body of Satish Kumar @ Pandit due to which he died. Thereafter, Madan Kumar drove the truck out of the parking. They wrapped the body of Satish Kumar @ Pandit in a blanket to avoid flowing of blood. Madan Kumar drove the vehicle to a place ahead of Pul Pehladpur. They took search of Satish Kumar @ Pandit and removed the mobile phone from the pocket of jacket and Rs. 1200/- alongwith some documents and purse from backside of pant. Madan Kumar gave Rs. 300/- to Ram Yash out of which he purchased the patrol in a cane of Rs.150/-. When Ram Yash went to purchase the patrol, he observed accused Madan running with truck. He asked to Madan to which he replied that he is disposed of the knife. Thereafter, both of them went towards State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 66/82 Ashram from Badarpur. They filled the diesel at pump and thrown the dead body of Shyam Kumar @ Pandit in the side of road opposite to CRRI, Mathura Road, after wrapping body in the lungi. Mobile was kept by Ram Yash whereas money and other items were kept by Madan. They reached Rithala and parked the truck on the side of the road. Ram Yash remained with the truck whereas Madan went to arrange customer of the goods loaded on the truck. After about 1½ or 2 hours Madan came back and told that no buyer could be arranged. With a view to sell the goods later on, they parked the truck on the side of the road and left the place. They also washed the blood from the seat of the truck. Accused Ram Yash also disclosed that he can get pointed out the place where Satish Kumar @ Pandit was killed and the place where the body was thrown by them. He also disclosed that he can get pointed out other places as well as he can get recovered the truck and the goods loaded on the truck. He also told that on 16.01.06, Madan has snatched mobile from him in a park, opposite Gate no.1 Pragati Maidan and thrown in a nalla. He cannot identify the place where the mobile was thrown by Madan. He also disclosed that he can got accused Madan arrested in this case."

J) The above mentioned disclosure statement of accused Ram Yash @ Lallu is hit by Section 25 and 26 of Indian Evidence Act, however, under Section 27 of said Act, if a fact is discovered on the basis of the disclosure statement, the same can be proved. It is fact that accused Ram Yash @ Lallu after arrest led the police party where the dead body was found. This shows that accused Ram Yash @ Lallu had State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 67/82 knowledge that dead body was there at that place as pointed out by him.

Accused Ram Yash @ Lallu further disclosed in his disclosure statement regarding parking. On 19.01.2006, accused led the police party to Inland Container Depot, Tughlaqabad and disclosed that while deceased was sleeping he along with co-accused Madan Kumar committed the murder of the driver i.e. Shyam Kumar @ Pandit. This shows that accused Ram Yash @ Lallu had knowledge that truck was parked to Inland Container Deport on the date of incident.

Accused Ram Yash @ Lallu also disclosed that after the murder, they had taken away the loaded truck and parked it in Service Road, Main Road, Sector 24, Rohini, a little further to Rithala Metro Station. This part of disclosure statement is proved under Section 27 of the Indian Evidence when he got recovered the parked loaded truck. This shows that accused Ram Yash @ Lallu also had knowledge of parking of truck in Service Road, Main Road, Sector 24, Rohini.

Hence, accused Ram Yash @ Lallu had knowledge of dead body at the place from where it was recovered, the fact of parking of loaded truck at Inland Container Depot, Tughlaqabad on the date of incident and its parking in Service Road, Main Road, Sector 24, Rohini after committing the act and these are proved facts as per Section 27 of the Indian Evidence Act.

K)               Subsequent conduct and previous conduct


State vs. Ram Yash @ Lallu & Madan Kumar
FIR No. 16/06, PS: New Friends Colony                               68/82

The previous conduct of accused Ram Yash @ Lallu has been proved by the fact that he was employed by the deceased as helper as his brother-in-law was on leave. This fact has been proved by PW4 Sh. Simran Pal Singh and PW6 Sh. Surender Jha. Both of the them proved that deceased Shyam Thakur @ Pandit was with accused Ram Yash @ Lallu at the time of incident.

Immediately after murder of deceased Shyam Thakur @ Pandit accused Ram Yash @ Lallu went absconding. This is the subsequent conduct which points accusation towards accused Ram Yash @ Lallu.

L) CONCLUSION:- In the conclusion, the proved allegations against accused Ram Yash @ Lallu @ Ramesh are as under:-

i. It is proved that accused Ram Yash @ Lallu had motive and necessary intention to kill the deceased.

ii. It is also proved that due to this intention, he acted and accused being last person seen with accused in view of depositions of PW4 and PW6, killed the deceased Shyam Kumar @ Pandit. Hence, by way of evidence, prosecution has proved this fact and intention to loot the good loaded on the truck.





State vs. Ram Yash @ Lallu & Madan Kumar
FIR No. 16/06, PS: New Friends Colony                                  69/82
 iii.             There is disclosure statement of accused Ram Yash @

Lallu. In consequence of disclosure statement, a fact has been discovered that accused Ram Yash @ Lallu had knowledge that loaded truck was standing in the kachhi parking of ICD Container Depot Tuglakabad and this fact has been proved under Section 27 of the Indian Evidence Act.

iv. In pursuance of the disclosure statement of accused Ram Yash @Lallu, a proved fact come on record that accused had knowledge that body was there on the place of pointing out as mentioned in Ex. PW 20/F. v. Accused Ram Yash @ Lallu had made disclosure statement and in pursuance to disclosure statement, he pointed out the place where the truck was parked after committal of murder. Hence, he had knowledge of parking of truck in Service Road, Main Road, Sector 24, Rohini. This knowledge is proved under Section 27 of Indian Evidence Act.

vi. It is also a proved fact that accused Ram Yash @ Lallu when was asked to join the TIP proceedings, he refused to participate in it. This fact has been duly proved by PW14 and PW26. It has come on record that PW14 has warned accused Ram Yash @ Lallu of the adverse consequence but still accused refused. Hence, the adverse consequence State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 70/82 goes against accused Ram Yash @ Lallu.

vii. Accused Ram Yash @ Lallu had made disclosure statement to the effect that he had killed the deceased Shyam Thakur @ Pandit in the truck. There is recovery of blood from the truck matching the deceased, proved so by PW3 and PW26. Hence, this fact is also proved.

viii. Subsequent conduct is a relevant fact. Immediately after the incident, accused Ram Yash @ Lallu went absconding. This subsequent fact goes against accused Ram Yash @ Lallu. This subsequent conduct of accused Ram Yash @ Lallu is proved under Section 8 of the Indian Evidence Act.

M) Hence, in view of above circumstance and chain of events, the prosecution has proved beyond reasonable doubt that accused Ram Yash @ Lallu alongwith his accomplice killed the deceased Shyam Kumar @ Thakur. Accordingly, accused Ram Yash @ Lallu @ Ramesh is hereby convicted for the offences punishable under Section 302/34 IPC.

N) So far as charge under Section 201 IPC is concerned, it is a proved fact that he alongwith accomplice dumped the body of deceased after wrapping it with lungi somewhere else from the place away where State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 71/82 he killed the deceased along with his accomplice. Hence, it is proved that accused Ram Yash @ Lallu had caused disappearance of evidence of offence knowingly with intent to screen himself from bigger punishment.

Accordingly, accused Ram Yash @ Lallu @ Ramesh is hereby convicted for the offences punishable under Section 201 IPC. O) Accused Ram Yash @ Lallu @ Ramesh was also charged under Section 394/397/411 IPC. However, prosecution has failed to prove the necessary ingredients with respect to these charges.

VIII)            ACTUS REUS ON THE PART OF ACCUSED MADAN

KUMAR



A)               After arrest of accused Ram Yash @ Lallu on 18.01.2006,

he made disclosure statement against accused Madan Kumar as accomplice in this crime. On the disclosure statement of Ram Yash @ Lallu, police searched accused Madan Kumar but he could not be traced out. Thereafter, appropriate proceedings were initiated by the IO against accused Madan Kumar. IO got published photograph of accused Madan Kumar in Hindi newspaper Nav Bharat dated 18.03.06 dated Ex.PW26/L1 and other newspapers including Urdu and English newspapers Ex.PW26/L2 and Ex.PW26/L3. Thereafter, IO got issued State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 72/82 NBWs repeatedly against accused Madan Kumar.

B) In the meantime, on 09.08.2006, IO/PW26 had received the secret information that accused Madan Kumar is likely to visit Nangla Macchi Jhuggies therefore IO alongwith his staff SI Rajesh Mishra, HC Ramesh Chand, Ct. Balvant, Ct. Maan Singh in the Government vehicle driven by Ct. Babu Lal and operator Ct. Pawan went to Nangla Macchi in search of accused Madan Kumar. On the pointing of the informer accused Madan Kumar was apprehended and arrested vide memo Ex. PW 12/D. Accused also put his signatures at point D. The personal search of accused was conducted vide memo Ex. PW 12/E accused signed at point C, the witnesses signed at point A and B, the signatures of IO at point D. Accused Madan Kumar made disclosure statement about the commission of the offence and other articles and could lead them to the place of occurrence and the place where the truck was parked, after the murder of the driver of truck no. HR-47-7554. Disclosure statement was recorded vide memo Ex.PW 12/C on which accused put his signature at point C, witnesses at point A and B and his signatures at point D. On 10.08.2006 accused Madan Kumar took the police party to Rohini Sec-24 and pointed out service road, main road near Metro Railway Station Rithala where the loaded truck was parked after the State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 73/82 murder of its driver. Pointing out memo is Ex. PW12/G. Accused Madan Kumar also lead the police party to place where the dead body was thrown. The pointing out memo to this effect is Ex. PW12/F. Accused Madan Kumar also took police party to parking near Inland Container Depot Tuglakabad where the murder was committed. Pointing out memo to this effect is Ex. PW12/H. Accused Madan Kumar also lead the police party to his rented house at House no. 103 Harijan Mohala, Ali Gaon, Badarpur, New Delhi. From the bag kept on the shelf of the wall in his room, he took out a golden colour wrist watch make Sonata and handed over to him and stated that he had removed this watch from the hand of deceased Shyam Thakur @ Pandit after his murder. This watch was kept in a cloth and converted in a sealed parcel and was duly sealed with seal of RKS and was taken into possession vide seizure memo Ex. PW22/A which was signed by accused at point C whereas the witnesses signed at point A and B and his signatures at point D. On 17.08.2006, IO requested the TIP of the watch recovered from accused vide application Ex. PW 26/M. Kishore Kumar Mishra brother in law of the deceased was called in the court for TIP proceedings of the recovered watch was conducted by the Ld. MM which is Ex. PW 2/C. The recovered watch was rightly identified by Kishore Kumar Mishra before the Ld. MM. The witness identified the wrist State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 74/82 watch Ex. P3 which was got recovered by accused Madan Kumar from his house and was taken in the possession vide memo Ex. PW 22/A. PW26 deposed in his cross examination that accused Madan was not arrested by him on 18.05.2006. He volunteered that but he was arrested on 18.09.2006. Again said 09.08.2006. He did not visit the house of accused Madan Lal at any time till 18.05.06 as well as on 09.08.2006. He submitted that but he sent the police team in this respect. PW26 further deposed that the photograph and some record of accused Madan Lal were obtained from Container Deport of Tuglakabad, New Delhi but he does not recollect its, date and month. C) PW27 was the Ld. MM who conducted the TIP of the watch and deposed that on 17.08.2006 the TIP of the case property i.e. watch was marked to her by Link MM Sh. Manish Yaduvanshi. On the application moved by Insp. Rajesh Sharma Ex.PW27/A vide order of Sh. Manish Yaduvanshi Ex.PW27/B encircled red bears his signatures at point A and said application was fixed for TIP by her at point B for 22.08.2006.

PW27 further deposed that on 22.08.2006 Insp. Rajesh Sharma produce the case file with the case property in the sealed parcel and same was opened and found one sonata watch, the same was mixed with the other same type of watches and IO produced the witness Kishore Kumar Mishra and he was identified by the IO, the IO asked to State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 75/82 leave the chamber by her and only her steno Sushil Chauhan, another trainee Judge Ms. Savitri were present in her chamber and the witness Kishore Kumar Mishra correctly identified his watch among the other same type of watches then concluded the TIP, the same is Ex.PW2/C bearing her signatures at point B and Kishore Kumar at point A and on the next page his signatures bears at point B and of herself at point C. She also issued certificate regarding conducting of TIP Ex.PW27/C bearing her signatures at point A. D) It has also come on record through evidence of PW24 SI Nagesh Kumar Vadhera that after arrest finger prints of accused Madan Kumar was sent to Finger Print Bureau for record checking. PW24 in his examination deposed that according to their record, accused Madan Kumar had two convictions i.e. (i) FIR No. 42/2000 under Section 380/ 511 IPC PS Tilak Marg in which he was convicted by Ld. MM, New Delhi on 17.02.2011 as already undergone plus fine of Rs.100/- and (ii) FIR No. 985/03, PS Kalkaji under Section 25 Arms Act in which he was convicted by the Ld. MM on 21.01.2004 as RI for two and half months. PW24 further deposed that this report is on the back side of search slip Ex. 24/C bearing his signatures at point A. E) Accordingly, it is proved accused Madan Kumar:-

a) Subsequent conduct showing that immediately after crime, State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 76/82 he remained absconding and untraceable for more than 6 months. This subsequent conduct is proved under Section 8 of the Indian Evidence Act.

b) Accused Madan Kumar made disclosure statement. This disclosure statement of accused Madan Kumar is hit by Section 25 and 26 of Indian Evidence Act, however, under Section 27 of said Act, if a fact is discovered on the basis of the disclosure statement, the same can be proved.

c) It is fact that accused Madan Kumar after arrest led the police party to the place where the dead body was found. This proves that accused Madan Kumar had knowledge that dead body was there at that place as pointed out by him.

d) Accused Madan Kumar on the basis of his disclosure statement also led the police party to Inland Container Depot, Tughlaqabad and disclosed that while deceased was sleeping he along with co-accused Ram Yash @ Lallu committed the murder of the driver i.e. Shyam Kumar @ Pandit. This proves that accused Ram Yash @ Lallu had knowledge that truck was parked to Inland Container Deport on the date of incident.





State vs. Ram Yash @ Lallu & Madan Kumar
FIR No. 16/06, PS: New Friends Colony                                77/82
 e)               Accused Madan Kumar on the basis of his disclosure

statement also disclosed that after the murder, they had taken away the loaded truck and parked it in Service Road, Main Road, Sector 24, Rohini, a little further to Rithala Metro Station. This shows that it is proved under Section 27 of Indian Evidence Act that accused Madan Kumar had knowledge of parking of truck in Service Road, Main Road, Sector 24, Rohini.

f) Accused Madan Kumar also lead the police party to his rented house at House no. 103 Harijan Mohala, Ali Gaon, Badarpur, New Delhi and got recovered a golden colour wrist watch make Sonata which he was removed from the hand of deceased Shyam Kumar @ Pandit after his murder. This shows that it is proved under Section 27 of Indian Evidence Act that accused Madan Kumar had knowledge of keeping of watch of deceased in his rented house.

g) Hence, accused Madan Kumar had knowledge of dead body at the place from where it was recovered, the fact of parking of loaded truck at Inland Container Depot, Tughlaqabad on the date of incident; parking of truck in Service Road, Main Road, Sector 24, Rohini after committing the act and keeping the watch of deceased in his rented house. These are proved facts as per Section 27 of the Indian Evidence Act.

State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 78/82 Hence, in view of above circumstance and chain of events, the prosecution has proved beyond reasonable doubt that accused Madan Kumar alongwith his accomplice killed the deceased Shyam Kumar @ Pandit and retained the possession of watch of deceased. Accordingly, accused Madan Kumar is hereby convicted for the offences punishable under Section 302/34 IPC and under Section 411 IPC.

So far as charge under Section 201 IPC is concerned, it is a proved fact that he alongwith accomplice dumped the body of deceased after wrapping it with lungi somewhere else from the place away where he killed the deceased along with his accomplice. Hence, it is proved that accused Madan Kumar had caused disappearance of evidence of offence knowingly with intent to screen himself from bigger punishment. Accordingly, accused Madan Kumar is hereby convicted for the offences punishable under Section 201 IPC.

Accused Madan Kumar was also charged under Section 394/397 IPC. However, prosecution has failed to prove the necessary ingredients with respect to these charges.

37. In the conclusion, accused Ram Yash @ Lallu @ Ramesh is hereby convicted under Sections 302/201/34 IPC and acquitted for the offences punishable under Sections 394/397/411 IPC. Accused Madan Kumar is hereby convicted under Sections 302/201/34 IPC & State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 79/82 411 IPC and acquitted for the offences punishable under Sections 394/397 IPC.

Announced in the open Court                  (DAYA PRAKASH)
on 3rd June, 2014                          ASJ-02/FTC, PHC/NDD
                                                03.06.2014




State vs. Ram Yash @ Lallu & Madan Kumar
FIR No. 16/06, PS: New Friends Colony                            80/82
          IN THE COURT OF SH. REETESH SINGH, ASJ-02/FTC

NEW DELHI DISTRICT PATIALA HOUSE COURTS, DELHI Session Case No. 51/2012 State Vs. 1) Ram Yash @ Lallu @ Ramesh

2) Madan Kumar FIR No. 16/2006 U/s: 302/201/394/397/411/34 IPC PS: New Friends Colony ORDER ON SENTENCE 25.08.2014 Present: Sh. Rajiv Mohan, Ld. Addl. P.P for State Convicts Ram Yash @ Lallu and Madan Kumar produced from JC.

Sh. Kunal Arora, counsel for both the convicts.

Vide judgment dated 03.06.2014 Ld. Predecessor of this Court had convicted Ram Yash @ Lallu @ Ramesh under Section 302 / 201/34 IPC. Convict Madan Kumar was convicted under Sections 302/201/34 IPC and Section 411 IPC.

On the point of sentence, Ld. Counsel for the convicts had argued that convict Ram Yash is aged 28 years and has the liability to maintain an aged father, wife and a ten year old daughter. It is stated that he belongs to the lowest strata of the society. It is submitted that this Court should consider these aspects while sentencing him.

In respect of convict Madan Kumar, it was submitted that he is aged 35 years was unmarried and belongs to the lowest strata of the society.

On the other hand, the Ld. APP for the State submitted that since both accused have been convicted under Section 302/201/34 IPC with Madan Kumar convicted additionally under Section 411 IPC, both convicts do not deserve any leniency.

I have heard the counsels for the parties and have perused the record. Both the convicts have been convicted for the murder of State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 81/82 deceased Shyam Kumar @ Pandit under Section 300 IPC and the punishment prescribed under Section 302 is death or imprisonment for life and also fine.

The facts and circumstances of this case do not warrant death penalty as this case does not fall in the category of rarest of rare cases. Thus, both the convicts are sentenced to rigorous life imprisonment under Section 302 of the IPC.

Section 302 of IPC also prescribes imposition of fine on the convict. In the facts and circumstances of this case I impose a fine of Rs.25,000/- each on both convicts. In default of payment of fine, the convicts shall undergo simple imprisonment of six months.

Both convicts have been convicted under Section 201 IPC. Section 201 prescribes imprisonment up to 7 years and also fine where the offence committed is a capital offence. Both convicts are sentenced to rigorous imprisonment of five years each and fine of Rs.5,000/- each. They shall undergo simple imprisonment of 3 months each in default of payment of fine.

Convict Madan Kumar has been convicted under Section 411 IPC which prescribes imprisonment which may extent to 3 years or with fine or both. In the facts of this case, Madan Kumar is sentenced to rigorous imprisonment for a period of 2 years.

Sentences of both the convicts to run concurrently. Both the convicts shall be entitled to the benefit of the provisions of Section 428 Cr.P.C.

Appropriate certificate of counsel Miss Anu Narula for Amicus Curie be prepared as per rules.

Copy of the order be given to both the convicts free of cost.

(Reetesh Singh) ASJ-02/FTC, New Delhi District, Patiala House Courts, New Delhi 25.08.2014 State vs. Ram Yash @ Lallu & Madan Kumar FIR No. 16/06, PS: New Friends Colony 82/82

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