Indian Kanoon - Search engine for Indian Law

11. On 29.04.2004, SI Rajbir Singh again visited the said building and found that 1st and 2nd floor had already been constructed and construction work on 3 rd floor was in full swing. He immediately reported the matter to Insp. R.S. Adhikari, SHO, PS Sadar Bazar who sent a reminder to MCD on 30.04.2004. The said reminder would have reached MCD after 03.05.2004 as the intervening days were Saturday and Sunday.

12. The charge-sheet further stated that the accused Mohd. Umar was the contractor and the accused Sarfuddin was sub-contractor. The accused Mohd. Umar was raising construction in the said building for an amount of Rs. 12,00,000/-. On 15.04.2004, the accused Satya Narain paid an amount of Rs. 5,00,000/- to him. The accused Mohd. Umar surrendered on 04.05.2005 after dismissal of his application for pre-arrest bail by Hon'ble High Court of Delhi on 04.05.2005.

PROSECUTION EVIDENCE:

26. The prosecution examined 46 witnesses, as under:

The witnesses Description of the witnesses PW-1 Surender The injured PW-2 Rajender Kumar Neighbor PW-3 Jai Prakash Husband of Smt. Savita Rani, co-owner of the said building PW-4 Mahavir Singh Clerk of the accused Satya Narain PW-5 Hem Chand Neighbor PW-6 Smt. Kamlesh Gupta Co-owner of the said building PW-7 Sameer Chawla MCD Contractor PW-8 Pradeep Kumar MCD Contractor PW-9 Gajender Kumar UDC, MCD, Paharganj Zone, Delhi PW-10 Hanuman Employee of the accused Satya Narain PW-11 Triveni Saw Mason / Brother of the deceased Itwari Saw PW-12 Smt. Savita Co-owner of the said building FIR No. 208/2004 State vs. Sarfuddin & Ors. Page No. 10 of 51 PW-13 Hari Om Gupta Neighbor PW-14 Balvinder Singh Iron and steel supplier PW-15 Rajeev Arora Building material supplier PW-16 Dr. B.K. Sharma Autopsy Surgeon PW-17 Dr. Akash Jhanjee Autopsy Surgeon PW-18 Ram Kishan UDC, Property Tax Department, MCD, Sadar Bazar, Paharganj Zone, Delhi PW-19 Parsu Ram Singh Sr. Scientific Officer (Physics), FSL, Rohini PW-20 SI Hukam Singh DD Writer, PS Sadar Bazar PW-21 SI Dharampal Singh Duty Officer, PS Sadar Bazar PW-22 SI Jai Bhagwan Reached at the place of incident on receipt of PCR Call and collected MLCs PW-23 HC Sanjeev Kumar DD Writer, PS Sadar Bazar PW-24 Kewal Krishan Duty Constable at Hindu Rao Hospital PW-25 Ct. Lakhwinder Photographer, Crime Team (North District) PW-26 Ct. Manik Sathe Accompanied ASI Jai Bhagwan PW-27 SI Saket Kumar Got post-mortem conducted PW-28 HC Omender Pal Accompanied SI Saket Kumar PW-29 Ct. Surender Taken rukka to PS for registration of FIR PW-30 HC Rakesh Kumar Seizure witness qua building material PW-31 Ct. Vijay Kumar Conducted videography PW-32 K.C. Meena Executive Engineer (Building), Sadar, Paharganj Zone PW-33 Desh Raj Singh Sub-Registrar-III, Asaf Ali Road, Delhi PW-34 Charanjit Singh Sub-Registrar-I, Kashmere Gate, Delhi PW-35 HC Radha Krishnan Deposited sealed parcels with CFSL PW-36 HC Sonu Kaushik Draftsman, Crime Branch, PHQ PW-37 Insp. Rajbir Singh 1st Investigating Officer PW-38 Insp. R.S. Adhikari SHO, PS Sadar Bazar PW-39 Insp. Sudhir Singh Arrest witness qua the accused Mohd. Umar PW-40 HC Sri Bhagwan Collected sealed parcels from CFSL PW-41 M.M. Das Member of Expert Committee PW-42 H.K. Sharma Member of Expert Committee PW-43 Durga Prasad Junior Scientific Officer (Physics), CFSL PW-44 A.C. Garg Off. Executive Engineer, Sadar Bazar Zone PW-45 Insp. Ajay Sharma 2nd Investigating Officer PW-46 Dr. M.K. Panigrahi Proved post-mortem reports FIR No. 208/2004 State vs. Sarfuddin & Ors. Page No. 11 of 51 LIST OF PROSECUTION DOCUMENTS:

27. The prosecution relied on the documents, as under:

  Exhibit                     Description of the documents
Ex.PW9/A       Forwarding letter alongwith requisite information Mark
               PW9/A sent by MCD to Insp. Ajay Sharma

Mark PW9/A Manual of Instructions of Unauthorized Construction Ex.PW9/B Information regarding tenure of the accused persons Qaiser Javed, Jagdish Chander and Karan Kumar Arora Ex.PW16/A Post-mortem report qua the deceased Dhaneshwar Ex.PW17/A Post-mortem report qua Ram Singh @ Itwari Ex.PW18/A Information furnished by MCD regarding recorded owners of Property No. 5079-81, 5082 and 5083-84, Rui Mandi, Sadar Bazar, Delhi Ex.PW19/A Crime Scene Visit Report prepared by FSL, Rohini, Delhi Ex.PW20/A DD No. 14A dated 03.05.2004 at 03.15 p.m. Ex.PW20/B DD No. 15A dated 03.05.20004 at 03.55 p.m. Ex.PW20/C DD No. 17A dated 03.05.2005 at 04.55 p.m. Ex.PW21/A FIR No. 208/2004 under Section 308/304/34 IPC registered on 03.05.2004 at 07.30 p.m. at PS Sadar Bazar Ex.PW22/A Personal search memo of unknown deceased Ex.PW22/B Personal search memo of unknown deceased Ex.PW23/A DD No. 47B dated 03.05.2004 at 05.45 p.m. Ex.PW25/1 Photographs of the place of incident to Ex.PW25/9 Negatives of photographs of the place of incident to Ex.PW27/A Dead body handing over memo qua the deceased Ram Singh Ex.PW27/B Identification of dead body of the deceased Ram Singh Ex.PW27/C Dead body handing over memo of the deceased Dhaneshwar Ex.PW27/D Identification of dead body of the deceased Dhaneshwar Ex.PW27/E Identification of dead body of the deceased Dhaneshwar Ex.PW27/F Request letter for post-mortem of the deceased Dhaneshwar Ex.PW29/A Arrest memo of the accused Sarfuddin Ex.PW29/B Personal search memo of the accused Sarfuddin Ex.PW29/C Spot seizures dated 03.05.2004 Ex.PW30/A Spot seizures dated 04.05.2004 (after visit of FSL, Rohini) FIR No. 208/2004 State vs. Sarfuddin & Ors. Page No. 12 of 51 Ex.PW31/A CD of videography of the place of incident Ex.PW32/A Forwarding letter regarding action taken by MCD against unauthorized construction in Property No. 5079 to 5081, Rui Mandi, Sadar Bazar, Delhi Ex.PW32/B Certified copy of file pertaining to action taken against unauthorized construction in Property No. 5079 to 5081, Rui Mandi, Sadar Bazar, Delhi Ex.PW33/A Reply of Sub-Registrar-III, Asaf Ali Road, Delhi regarding owner of Property No. 5082, Rui Mandi, Sadar Bazar, Delhi Ex.PW33/B Certified copy of sale deed qua Property No. 5082, Rui Mandi, Sadar Bazar, Delhi Ex.PW34/A Forwarding report of Sub-Registrar-I, Kashmere Gate dated 10.06.2004 qua Property No. 5082, Rui Mandi, Sadar Bazar, Delhi Ex.PW34/B Forwarding report of Sub-Registrar-I, Kashmere Gate dated 11.06.2004 qua Property No. 5079-81, Rui Mandi, Sadar Bazar, Delhi Ex.PW34/C Certified copy of sale deed qua Property No. 5079-81, Rui Mandi, Sadar Bazar, Delhi Ex.PW36/A Scaled site plan of the place of incident Ex.PW37/A Rukka Ex.PW37/B Rough sketch of the place of incident dated 03.05.2004 Ex.PW37/C Rough sketch of the place of incident dated 11.05.2004 Ex.PW37/X Dead body handing over memo qua the deceased Manoj Ex.PW37/X1 Dead body handing over memo qua the deceased Murari and Kameshwar Ex.PW37/X3 Dead body handing over memo qua the deceased Anil Ex.PW37/X4 Dead body handing over memo qua the deceased Ram Singh Ex.PW37/X5 Identification of the deceased Abdul Karim, Manoj, Murari, Anil and Rameshwar Ex.PW37/X6 Identification of the deceased Abdul Karim, Manoj, Murari, Anil and Rameshwar Ex.PW37/Y Identification of the deceased Kameshwar Ex.PW37/Y1 Identification of the deceased Kameshwar Ex.PW37/Y3 Dead body handing over memo qua deceased Kameshwar Ex.PW37/Y4 Identification of the dead body of the deceased Manoj Ex.PW37/Y5 Dead body handing over memo qua the deceased Manoj Ex.PW37/Y6 Identification of the dead body of the deceased Abdul Majid Ex.PW37/Y7 Dead body handing over memo qua deceased Abdul Majid Ex.PW37/Y8 Identification of the dead body of the deceased Abdul Karim FIR No. 208/2004 State vs. Sarfuddin & Ors. Page No. 13 of 51 Ex.PW37/Y9 Identification of the dead body of the deceased Abdul Karim Ex.PW37/Y10 Identification of the dead body of the deceased Murari Ex.PW37/Y11 Identification of the dead body of the deceased Murari Ex.PW37/Y12 Dead body handing over memo qua the deceased Murari Ex.PW38/A Intimation dated 10.04.2004 by SHO, PS Sadar Bazar regarding unauthorized construction in Property No. 5084, 5085 and 5086, Rui Mandi, Sadar Bazar, Delhi Ex.PW38/B Reminder dated 29.04.2004 sent by SHO, PS Sadar Bazar regarding unauthorized construction in Property No. 5080 to 5086, Rui Mandi, Sadar Bazar, Delhi Ex.PW39/A Arrest memo of the accused Mohd. Umar Ex.PW39/B Personal search memo of the accused Mohd. Umar Ex.PW39/C Disclosure statement of the accused Mohd. Umar Ex.PW41/A Report of inquiry conducted by Board of Experts Ex.PW41/B Forwarding letter qua report of Expert Committee Ex.PW43/A Report of CFSL, Chandigarh Ex.PW44/A1 Record pertaining to demolition charges qua Property No. to 5079-81, Rui Mandi, Sadar Bazar, Delhi Ex.PW44/A8 Ex.PW44/B1 Demand of demolition charges qua Property No. 5081-84, to Rui Mandi, Sadar Bazar, Delhi Ex.PW44/B3 Ex.PW44/C Office order dated 20.02.2004 regarding posting of the Ex.PW44/D1 Demand of demolition charges qua Property No. 5081-84, to Rui Mandi, Sadar Bazar, Delhi Ex.PW44/D3 Ex.PW44/E Office order dated 11.08.2003 regarding posting of the Ex.PW45/A Letter written to Sub-Registrar, Kashmere Gate to provide sale deed qua Property No. 5082, Rui Mandi, Sadar Bazar, Delhi Ex.PW45/B Letter written to Sub-Registrar, Kashmere Gate to provide sale deed qua Property No. 5079-81, Rui Mandi, Sadar Bazar, Delhi Ex.PW45/C Letter written to Sub-Registrar, Kashmere Gate to provide details of attorney holders qua Property No. 5083-84, Rui Mandi, Sadar Bazar, Delhi Ex.PW45/D Letter written to Sub-Registrar, Kashmere Gate to provide sale deed qua Property No. 5083-84, Rui Mandi, Sadar Bazar, Delhi FIR No. 208/2004 State vs. Sarfuddin & Ors. Page No. 14 of 51 Ex.PW45/E Letter written to MCD to provide information qua officials responsible to prevent unauthorized construction in Sadar Bazar, Delhi Ex.PW45/F Letter written to MCD to provide details of owners of Property No. 5079, 5080, 5081, 5082, 5083 and 5084, Rui Mandi, Sadar Bazar, Delhi Ex.PW45/G Pointing out memo qua shop from where the accused Mohd.

113. PW-41 M.M. Das, Superintendent Engineer (B), HQ, MCD stated, in his cross-examination, as under:

".....We have our own nominated contractors to whom we assign work of MCD as per their eligibility and tendering process. There is no educational qualification required for a person to qualify as a nominated contractor of MCD....."

114. Moreover, PW-45 Insp. Ajay Sharma stated that there is no requirement of any qualification for construction of any building. In that regard, he has deposed, as under: