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22) and Sh. Ravinder Kumar (PW-23) visited and inspected the spot, collected samples and also took photographs. On 03.03.2015, postmortem on the body of the deceased lndu was conducted by Dr. A.Arthy (PW38) wherein cause of death was opined as 'shock due to ante mortem burnt injuries involving 70% of total body surface area'. On 05.03.2015, lnsp. Akhilesh Kumar Mishra (PW-44) seized the CCTV footage of 18.02.2015 of about 8.00 p.m. from Vaibhav Filling Station, Vikaspuri, which was provided by Sh. Gaurav Garg (PW27) and Sh. Manish Kumar (PW28). PW- 44 also seized the duty roster dated 18.02.2015 of employees of Vaibhav Digitally Signed Digitally Signed GUPTA Neutral Citation No:2023:DHC:4280-DB filling Station. lnsp. Akhilesh Kumar Mishra (PW44) also seized the DVR of CCTV Camera from Sh. Shashi Kant Thakur (PW26). On 07.03.2015, lnsp. Akhilesh Kumar Mishra (PW44) had also seized the hard disc of CCTV Camera from Sh. Anil Kumar (PW35). Hard disc and DVR were sent to FSL Rohini and the same were examined. After completion of investigation, the charge sheet was filed.
11.0 PW-26 Shashi Kant Thakur r/o F-135/2, gali no 38, Sadh Nagar-II, Palam, New Delhi deposed that he got installed CCTV cameras outside his house for security purposes. On 28.02.2015, HC Bharat Lal (PW-20) and Ct. Kapil (PW-21) of PS Palam visited him and asked him to show CCTV footage of 28.02.2015 of around 3:05 am recorded by his cameras. On checking the same, one person was seen carrying polythene in his hand and some liquid appeared to be falling from the same and he was going towards RZF-140; and the said person was seen returning after sometime without any polythene in his hand. He identified the appellant to be the same person as seen in the CCTV footage. He stated that even otherwise, the appellant was known to him as he resided in their locality and used to drive TSR. PW-26 further deposed that HC Bharat Lal (PW-20) took the said CCTV footage in his pendrive. On 05.03.2015, SHO/IO Inspector Akhilesh Kumar Mishra (PW-44) took the DVR containing CCTV footage from him and sealed and seized the same vide seizure memo Ex. PW 26/A. He also stated that he was responsible for the supervision of the CCTV camera and no other person had access to it without his permission and the DVR, till the time it was seized, was not tampered with; and that he had issued a certificate under Section 65B, Indian Evidence Act (Ex. PW26/B). In his cross examination, PW-26 Digitally Signed Digitally Signed GUPTA Neutral Citation No:2023:DHC:4280-DB stated that they used to hear the quarrel between the appellant, his wife and his mother in law, which was talked about in the locality though he admitted he had not heard appellant extending threat to kill his wife and mother in law. He also stated that he had not seen the incident but was woken up with the commotion outside and after seeing the incident, he checked his CCTV. Nothing of significance could be extracted in cross examination of PW-26 to shake his testimony.
29). He also deposed that duty roster of their employees of 18.02.2015 was seized by the IO vide seizure memo Ex. PW 28/A. PW-28 also stated that at the request of the IO he had called Gaurav Garg, Technician (PW-27) working as Executive Technician in Godrej who took out two hard disks from the DVR which were handed over to the IO, who sealed and seized the same vide seizure memo Ex. PW27/A. He also stated that he gave certificate under Section 65B Indian Evidence Act, (Ex. PW28/B) and stated that till the time DVR was seized the same was not tampered with. PW-28 was not cross examined with respect to identification of the appellant by him in the CCTV footage.
15.0 PW-18 Sh. V. Lakshmi Narashimhan, Assistant Director Physics, FSL, Rohini, Delhi deposed that on 20.05.2015 he had received three parcels containing three hard disks of „WD‟ and one DVR, sealed with the seal of SS which were assigned to him for examination. Seal of the said parcels was found intact and tallied with the specimen seal as per the forwarding letter Digitally Signed Digitally Signed GUPTA Neutral Citation No:2023:DHC:4280-DB (FSL Form). The parcels could not be examined and were resealed and returned. On 16.12.2016, three sealed parcels were again received for examination with seals intact and tallied with specimen seal, which were found containing three hard disks of „WD‟ and DVR. No tampering was found and the image of the person at relevant duration was grabbed from the relevant file in DVR. Hard copy of the same was prepared and marked photograph 1 to photograph 6 (Ex. PY colly) and provided along with report (Ex.PW18/B). Remaining two hard disks were returned unexamined. In his cross examination he explained that the report was prepared by his subordinate in his presence and the same was signed by him.