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18. PW2, Ct. Roshan has deposed that the disclosure statement of the accused was recorded in the said FIR. He has also deposed about accused Sandeep taking them to the Ring Road Flyover and pointing out the place where he alongwith his associates namely Guddu and Kalia had committed cardinal intercourse with one Kallu and thereafter committed his murder by strangulation. After committing murder of Kallu, they had burnt the dead body. PW2 has also deposed that accused Sandeep got recovered skeleton of deceased Kallu and IO SI Ram Niwas prepared the pointing out memo of the skeleton, Ex. PW3/B. PW5, Ct. Vinod Kumar, has also deposed on the same lines. He has referred to use of a ladder/staircase which was used by accused Sandeep as well as police officials for entering into the tunnel from where the alleged recovery of one skeleton was made.
23. As per the disclosure statement of accused Sandeep, because Kallu threatened him and his two associates of reporting the sexual assault to the police, he and his two associates killed him and sprinkled salt on the dead body of Kallu so that it should not smell foul and after that body was burnt by them. As per deposition of PW 2, HC Roshan Singh, accused Sandeep and his two associates had put the body of Kallu on fire. Learned legal aid counsel for accused Sandeep argued that at the relevant time, his 2 associates were in JC in case FIR No.50/2010, PS Amar Colony and thus could not be with him at the relevant time. However, there is no merit in the said submission as they were arrested in the year 2010 in the said FIR No.50/2010, PS Amar Colony while allegedly the death of deceased occurred 6 months prior to February 2010. During his cross examination, PW16, Dr. T. Millo has deposed that the Medical Board did not find smell of kerosene, patrol etc. in the skeleton remains. He also deposed that he could not comment if it could be natural death since the skeleton remains were partially burnt. He also deposed that he could not comment whether the cause of death in this case was suicidal or homicidal. Further, as per FSL result, Ex. A3, on chemical, TLC and GC examination, no residue of patrol, kerosene and diesel could be detected in exhibits i.e. burnt pieces of bones sent for examination. Metallic poisons also could not be detected in those exhibits. Thus, even medical/scientific evidence does not prove beyond reasonable doubt the case of the prosecution that accused Sandeep burnt the dead body of deceased Kallu for the purpose of destroying evidence against himself or to conceal the dead body of Kallu to screen himself from legal punishment. Thus accused Sandeep is acquitted of offence punishable under section 201 of IPC.
25. Both PW16, Dr. T. Millo and PW17, Dr. Sanjeev Lalwani have deposed that the bones of the skeleton recovered were burnt however no opinion about time since death could be given as the body was brought in the form of partially burnt skeleton remains. They also deposed that no opinion could be given as to whether the deceased was sexually assaulted (sodomy) or otherwise. Thus, prosecution has been unable to prove beyond reasonable doubt that the deceased was sexually assaulted or as to what was the cause of his death. The prosecution has also been unable to prove the time since death of the deceased from the date of recovery of his dead body and prosecution could not prove that the death of the deceased was caused 6 months prior to the date of recovery of his dead body.
26. Submission of learned legal aid counsel for accused is found to be correct that there is no mention of any staircase having been used by accused Sandeep and his two associates when they allegedly followed Kallu underneath Lajpat Nagar flyover whereas the police witnesses, however PW4, Ct. Sanjeev, has deposed that during the period of police remand on 10.02.2010, accused persons i.e. Sandeep, Rajmani @ Kalia and Guddu took the police officials to the place of incident but has not stated that they had to take one ladder for going under the tunnel/hole under the flyover of Lajpat Nagar. Even PW20, IO/Inspector Sandeep has deposed on the same lines as of PW4, Ct. Sanjeev. PW9, Ct. Uday Bir who took the photographs of the spot on 02.02.2010 has not deposed about having used any staircase to reach the place of incident although he has deposed about having taken the photographs from both inside the tunnel and outside. PW10, SI Vijay Pal Singh and PW19, SI Ram Niwas have also not deposed about using any staircase to reach the spot of incident. All these witnesses have deposed about reaching the scene of crime on 02.02.2010 after the recovery of dead body/one skeleton was already made and PW2, Ct. Roshan, PW5, Ct. Vinod Kumar and PW19, SI Ram Niwas are the only witnesses who have deposed about recovery of dead body/skeleton at the instance of accused Sandeep.