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29) who also reached the spot. Crime team along with photographer reached at the spot. After getting the case registered, Constable Vedpal came back to the spot and handed over the original rukka and copy of FIR to the Investigating Officer. Photographs of the place of occurrence were taken by PW 13, Constable Padam Singh. IO lifted some blood from near the kuredan, some blood stained earth and earth control which were kept in plastic container and sealed in separate pullandas and were taken into possession. Five slips on which telephone numbers were written were recovered from the dead body which were also taken into possession. Investigating Officer contacted on the telephone numbers written on the slip and out of which one was traced as Ashok Kumar. Call was made to Ashok Kumar from the spot and he was asked to come to GTB Hopsital. Ashok Kumar came to the Hospital and identified the deceased as one Mamta @ Mumtaz, resident of New Seemapuri. He further informed that he met the lady Mumtaz in the house of one Shravini at her residence bearing Flat No. 805, Shantideep Apartments, Shalimar Garden, Shahibabad, Distt. UP adjoining Seema Puri. Thereafter, a police official along with Constable Ashok went to the house of Shravini who gave the whereabouts of Mamta @ Mumtaz that she was the wife of one Jaffar, resident of E-44/A-116 Jhuggi, New Seemapuri. She further informed him that Mamta was her friend and she used to tell her that one three storied constructed house at New Seema Puri bearing No. E-352 was in her name and her husband Jaffar @ Raju wanted that house to be transferred in his name. Shrawani took to the residence of Mumtaz where Shahida, mother of Mumtaz and Monohara, sister of Mumtaz met them. Husband of Mumtaz was not present in the house. Shahida and Monohara informed that they had been waiting for Mumtaz since morning and there was quarrel between Mumtaz and her husband and her husband had also left the house. Shahida and Monohara were taken to GTB Hospital where they identified the dead body of Mumtaz.

6. On 31st January, 2004, on the basis of secret information regarding presence of accused Jaffar in New Seemapuri, a raiding party comprising of Inspector Bakshi Ram, SI Sanjay Kumar, SI Kiran Pal, ASI Shahid Khan, Const. Rajiv, Const. Rohtash, Const. Sukhbir and Const. Virender was organised. Sister of deceased Monohara was also called and accused Jaffar was found present in a gali at a little distance from his residence. He was arrested on the identification of Monohara vide arrest memo Ex. PW 19/C. On interrogation, the accused confessed the guilt and made a disclosure statement Ex. PW 19/E which revealed that there were some disputes between accused with his wife on account of transfer of property bearing No. 352, New Seema Puri, Delhi. At the instance of accused Jaffar, documents of the said property, Ex. P2 along with currency notes of Rs.5,000/- Ex.P1 were recovered from almirah in the house of the accused which were seized vide memo Ex.PW 19/F. It was revealed that on 27th January, 2004, accused Jaffar had hatched a conspiracy with Sajid @ Moni and Shahnawaz at F-45, Old Seema Puri and also made a plan to commit murder of deceased Mumtaz. Accused also disclosed that it was agreed between them that one floor of the house shall be given to Sajid @ Moni and Rs.2500/- cash would be given to Shahnawaz with assurance to provide him some regular business in the same vicinity. He also disclosed that Rs.5000/- which were recovered at his instance were arranged by his sister living in Meerut to execute the said conspiracy. On the day of incident, i.e., on 28th January, 2004 he had telephoned his sister from R.K. Telecom from STD Booth asking her to make arrangement of Rs.5000/- as Id was approaching and he needed money. Thereafter his sister arranged Rs.5,000/- and sent to him. Accused Jaffar led Inspector Bakshi Ram and other police officials to the house of the sister of Sajid @ Moni at Pilakua Village, U.P where Sajid @ Moni was found and arrested at the pointing out of accused Jaffar vide arrest memo Ex.PW 19/G1. Accused Sajid made a disclosure statement Ex. PW 19/H and at his instance one ladies purse of deceased Mumtaz was recovered from the house of sister of Sajid which contained a mobile phone, cosmetic items and one mini album of photographs related to the family of the deceased which were seized vide recovery memo Ex.PW 19/J collectively Ex.P3 and mobile phone of deceased Ex.P4. Thereafter, in pursuance to the disclosure statement of accused Jaffar and Sajid, police party went to village Hazipur of the accused Shahnawaz, who was found present in the house. He was apprehended at the pointing out of accused Mohd. Jaffar. He was arrested vide memo Ex. PW 19/K1. He was interrogated. During interrogation accused Shahnawaz made a disclosure statement Ex.PW 19/L that the weapon of offence, i.e., Hathora (hammer) has been thrown by him near the spot in Seema Puri, Delhi and he could get the same recovered. Accused Sajid Ali took police officials to Shahid Nagar, Ghaziabad, UP to the house of his friend Imran from where he got one chhuri Ex. P5 recovered which was seized vide seizure memo Ex. PW19/M2. Thereafter, accused Sajid Ali took them to F-45, Old Seema Puri and got recovered bloodstained clothes, i.e., Pant Ex. P6, Shirt Ex. P7 and Jacket Ex. P8 and said clothes were taken into possession vide seizure memo Ex.PW-19/M3. All the three accused pointed out the room at Old Seema Puri where they hatched a conspiracy to kill Mumtaz. Pointing out Memo Ex.PW 19/N1 was prepared. Thereafter, they reached Kabristan near the place of occurrence from where hammer was recovered at the instance of accused Shahnawaz from under the garbage. The hammer, Ex. P9 was taken into possession vide seizure memo PW-19/P. Subsequently, all the exhibits duly sealed were sent to FSL, Rohini, Delhi from where report Ex. PW 29/A and serological report Ex. PW 29/B were received. Test Identification Parade of lady purse was conducted by PW-30 Shri Pratap S. Malik, MM, Delhi. After completing investigation, charge sheet was submitted against all the accused persons for offences under Section 302/120B/34 IPC.

9. All the incriminating evidence was put to all the accused while recording their statement under Section 313 Cr.P.C. Accused Jaffar in his statement admitted that Mumtaz @ Mamta was married to one Nizam and out of the said wed lock she had two children. She was left by her husband and thereafter she got married with him. He, however, denied that he was having any extra marital relation with girl, namely, Kajal with whom he was living at Old Seema Puri or that he used to quarrel with his wife on account of this extra marital relationship and used to threaten her to kill. He admitted that prior to death of Mumtaz, she had purchased a house bearing No. 352, New Seema Puri in her name. However, according to him the said property was purchased by him. He denied that he wanted to get the said property transferred in her name and that on that account, he used to quarrel with her. He has denied the rest of the prosecution case. According to him, on 28th January, 2004, he had sent Mumtaz to Laxmi Nagar to purchase clothes on the eve of Id but she did not return till 3:00 am. Thereafter, two police officials came to his house and took him to police station. On reaching police station, he was informed by the SHO regarding the factum of committing murder of his wife Mumtaz. He admitted that on 28 th January, 2004, between 2:00 pm to 6:30 pm, he made telephone calls from STD Booth, R.K. Telecom run by PW-20 Rajan and that he made a telephone call to his sister at Meerut. He denied having asked his sister to arrange the amount of Rs.5000/-. He also denied making any disclosure statement or getting recovery effected. According to him, he was detained in the police station on 28th January, 2004 and had been kept there till 1st February, 2004. His signatures were obtained on many blank papers at police station. He pleaded his innocence and alleged false implication in the case. Accused Sajid Ali and Shahnawaz also denied the case of prosecution. They also pleaded innocence and claimed that they have been falsely implicated in the case. None of the accused preferred to lead defence evidence.

53. As per prosecution case, after appellant-Jaffar was arrested he made a disclosure statement and led the police party to Pilaqua, UP. Sajid @ Moni was apprehended from the house of his sister on pointing out of accused - Jaffar. He was arrested vide arrest memo Exhibit PW19/G1 and he made a disclosure statement Exhibit PW19/H and disclosed that he had kept the knife used in the offence at the house of his friend and he had kept the bloodstained clothes at Old Seema Puri and that he can get recovered purse of deceased from the house of his sister. Thereupon accused Sajid @ Moni got recovered a hand bag (purse) containing one mobile phone and some cosmetic items, which were taken into possession vide memo Exhibit PW19/J. Thereafter accused took them to Shahid Nagar at the house of his friend and got recovered the knife which was used in the commission of offence. Then, he took the police party to Old Seema Puri at his rented room at first floor and got recovered bloodstained clothes i.e. pant, shirt and jacket. The admissibility of the statement made by the accused to the police is challenged on twin grounds i.e.