Indian Kanoon - Search engine for Indian Law

16. It is alleged that on 31.01.2005 Nirmal was arrested from his house. On interrogation, he made a disclosure statement Ex.PW-28/A. At his instance co- accused Prakash @ Munna and Avinash were arrested from the Central Market, Ashok Vihar while standing near the egg rehri. They also made disclosure statements Ex.PW-28/E and Ex.PW-28/D respectively. The Appellant Prakash‟s disclosure led to recovery of one mobile phone having SIM Card No.9818127376 and IMEI No.351479600619374 from a rented room in village Wazirpur. Dr. Suresh Bansal identified the mobile phone (handset) as belonging to the deceased that had been stolen from the factory in November, 2004. Similarly, Avinash (the Appellant) got recovered one gold ring belonging to the deceased. Later, on 31.01.2005, Nirmal got recovered a golden chain from a glass under the cot in his room. It was identified by Dr. Suresh Bansal as belonging to the deceased.

18. The IO collected the call details of mobile phone (SIM) number 9891203018 belonging to the deceased Ishwar Bansal and mobile phone (SIM) number 9818127376 belonging to the Appellant Prakash @ Munna. IMEI numbers of both the handsets and calls made from them were analysed. The IO noticed the pattern of phone calls made from the factory/godown to the mobile phone (SIM) number 9818127376 belonging to Prakash. The handset Nokia 3315 belonging to the deceased, IMEI No.351479600619374/0 was used by Appellant Prakash. The SIM (number) 9891203018 was also discovered to be used by the Appellant Prakash on his handset IMEI number 520424806094410. The prosecution on the basis of the material collected during investigation concluded that all Appellants entered into a criminal conspiracy and in pursuance of the said criminal conspiracy had committed robbery in the factory of deceased Ishwar Bansal using deadly weapons. The Appellants, pursuant to the criminal conspiracy committed Ishwar Bansal‟s murder. Thus, a report under Section 173 Cr.P.C. was filed against the Appellants. They entered the plea of not guilty, and claimed trial.

23. PW-14 R.K. Singh is Nodal Officer, Bharti Airtel Ltd. He produced the call details in respect of mobile phone number 9818127376 for the period 01.11.2004 to 31.12.2004 alleged to have been recovered from Appellant Parvesh. He testified that IMEI number of the handset used by the subscriber on 01.11.2004 was 520424806094410. He stated that the last digit denotes the operator use only. PW-25 Ms. Seema Nair, Nodal Officer, Idea Cellular Limited provided the call details in respect of mobile (SIM) number 9891203018 (which belonged to deceased Ishwar Bansal) as Ex.PW-25/A. She deposed that in Ex.PW-25/A she referred „I‟ for incoming calls and „O‟ for outgoing calls.

        (D)      RECOVERY OF MOBILE PHONE NOKIA 3315 WITH SIM
                 NUMBER 9818127376 AND CALL DETAILS OF THE TWO
                 TELEPHONES

59. It is urged by the learned APP that recovery of mobile phone Nokia 3315 and use of its SIM card by Appellant Prakash shows the conspiracy between the Appellants to commit the crime and this circumstance by itself is sufficient to uphold the judgment of the trial court.

60. It is proved on record that two mobile handsets (including Nokia 3315 bearing IMEI No. 351479600619374) were purchased in the name of Anuj Bansal from M/s. Shiv Shakti Telecom on 13.08.2003 by memo Ex.PW-19/A. PW-19 who proved the receipt was not cross examined on purchase of mobile phone. Thus, it is established that Nokia 3315 handset bearing IMEI No. 351479600619374 containing SIM number 9818127376 belonged to the deceased Ishwar Bansal.