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(d) During enquiry, both the aforementioned persons failed to give any satisfactory reply to the queries of IO. In the meanwhile beat constable Kapil and ERV staff came to the spot. Crime team was also called at the spot, but their camera was not working due to which private photographer Mr. David was called and photographs of the spot were taken. Crime team inspected the spot. A burnt incense stick (Agarbatti) and broken pieces of glass bangle were found at the spot. There was no sign of any forcible entry inside the flat.

(f) IO of the case examined the spot and prepared site plan. He seized the broken bangle found at the spot. The father of deceased namely Yasin S/o Sadiq gave a complaint i.e. DD no. 50B dated 25.06.2015 and alleged that Gulistan and Rizwan had committed murder of Salim. On 26.06.2015, IO recorded statements of Master Samir i.e. son of deceased Salim, father of deceased namely Yasin and brothers of deceased namely Umaid Ali and Nizamuddin.

(g) In his statement, Master Samir narrated the incident to the IO. He stated that Rizwan who was a distant relative of his mother was also residing with them for last eight months. His father used to consume liquor due to which altercations took place between his parents. His father used to fight with his mother upon seeing her talking to Rizwan and he also used to ask Rizwan to leave their house, but his mother did not let him go. 

FIR No. 838/2015                                        PS New Ashok Nagar
State Vs Gulistan & Ors.                                Page no. 18 of 52
 24.                  PW-22 SI Rajeev Gautam deposed that on

25.06.2015 at about 10.20 am on receipt of DD no.16-A Ex.PW22/A, he alongwith Ct. Rakesh reached at the spot i.e. H.No. E-365, 3rd Floor, New Ashok Nagar and found dead body of a male person. The head of dead body was towards south and legs were towards north side. Accused Rizwan and Gulistan were present at the spot. Two children were also present there with accused Gulistan. In the meantime, ATO Insp. Vijay Kumar and SHO NAN also came at the spot. Some broken bangles were found in the room where dead body was lying. He inspected the dead body and found the eyes of dead body were red. He also found fresh injuries on the neck of the dead body. During inquiry, he came to know the name of deceased was Saleem and he was husband of accused Gulistan. He called crime team at the spot. Later on he came to know that camera of crime team official was not in working condition, therefore, he called private photographer namely David at the spot who took photographs of the spot. Crime team also inspected the spot and handed over report to him. Thereafter, on the instructions of SHO dead body was sent to mortuary of LBS hospital through Ct. Rakesh. He also reached LBS Hospital and prepared rukka Ex.PW22/B on the abovesaid DD and handed over the same to Ct. Rakesh for registration of FIR. He also conducted inquest proceedings prior to the postmortem. After postmortem examination, the concerned doctor handed over two sealed parcels containing blood sample and viscera box duly sealed with the seal of hospital. He took the same into possession vide FIR No. 838/2015 PS New Ashok Nagar State Vs Gulistan & Ors. Page no. 19 of 52 seizure memos Ex. PW15/A and Ex. PW15/A1. The dead body was identified by Nizamuddin and Umed Ali vide their statements Ex.PW15/B and PW15/C respectively. After postmortem examination, dead body was handed over to its relatives vide handing over memo Ex.PW4/A. Thereafter, he returned back to the spot and Ct. Rakesh handed over copy of FIR and original tehrir to Insp. Vijay. IO Insp. Vijay collected broken glass bangles from the spot and kept it in a white paper which was sealed with the seal of NAN 01 PS New Ashok Nagar, East District. IO also prepared seizure memo Ex.PW22/C. They all returned back to PS and case property was deposited in the Malkhana. He identified both accused in the court and also identified the case property i.e. pieces of glass bangles Ex. PW22/Article-1.

25. PW-23 ASI Ramesh Chand deposed that on 25.06.2015 at about 5:50 pm Yasin came to PS and gave a written complaint Ex. PW23/B regarding deceased Saleem. The said complaint was handed over to SI Rajiv Gautam for taking necessary action. He recorded DD no. 50-B i.e. Ex. PW23/A regarding receiving of above-said complaint. Evidence of Investigating Officer-

26. PW-24 Insp. Vijay Shrotiya deposed that on 25.06.2015 on receipt of DD no. 16-A (which was marked to SI Rajiv) he went to the spot i.e. H.No. E-365, 3 rd Floor, New Ashok Nagar and found that many persons were present there. The above-said house consisted of a two bed-rooms and one FIR No. 838/2015 PS New Ashok Nagar State Vs Gulistan & Ors. Page no. 20 of 52 kitchen. He entered the room which was connected with kitchen of said flat/house. The area of the kitchen was extended to the lobby and he saw a dead body of man on the double bed without mattress inside that room. The head of dead body was towards south and legs were pointing towards north. He inspected the dead body and noticed fresh nail marks around its neck. He checked eyes of dead body and found some blood in it. During inquiry, they came to know the name of deceased was Saleem. He also met Gulistan i.e. wife of deceased, her children namely Sameer (aged about 11 years) and Sonam (aged about 5/6 months). He also met Rizwan who was relative of Gulistan. He came to know that the said house was a rented accommodation and above-said Rizwan was residing with the family of Gulistan for the last 4-5 months. Both Gulistan and Rizwan stated that after taking their meals, all of them went to sleep inside the said flat and house was locked from inside. They woke up at 6.00 am and found that Saleem was dead. Both of them did not give any satisfactory reply. In the meantime, Ct. Kapil alongwith ERV Staff and crime team also came at the spot. Camera of the photographer of crime team was not working properly due to rain. He called private photographer at the spot and he took 15 photographs of the crime scene. After inspection, crime team officials prepared report and handed over the same to SI Rajiv. One burnt Agarbatti/ incense stick and some broken glass bangles were found on the floor. He also noticed that there was no sign of forcible outside entry in the said house. At his instructions, SI Rajiv conducted inquest proceedings and dead FIR No. 838/2015 PS New Ashok Nagar State Vs Gulistan & Ors. Page no. 21 of 52 body was shifted to emergency of LBS Hospital by Ct. Rakesh. It was later on shifted to the mortuary for postmortem examination. He also went to the hospital and Ct. Kapil remained at the spot. Postmortem examination of the dead body was conducted and dead body was handed over to Umed Ali i.e. brother of deceased. After postmortem examination, the concerned doctor informed him that the cause of death was manual strangulation. Case was got registered on said DD entry by SI Rajiv Gautam.