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2. As per the prosecution facts of the case are that on 29th March, 2017 at about 12.00-12.15 PM, Rahul (injured/PW-21) was caught hold by appellant Anchal and his associates in D Block, Mukundpur, beaten up and taken to Anchal's house, where he was again beaten up. Under fear and threat, Rahul disclosed the whereabouts of Narender (deceased) to the assailants. Thereafter, PCR officials reached the spot and while some of the assailants/appellants ran away from the spot, three assailants/appellants CRL.A. 1087/2018 & connected appeals Digitally Signed Digitally Signed By:JUSTICE MUKTA By:POONAM BAMBA GUPTA 2023:DHC:4294-DB namely Dilip Mishra, Neelu and Sushma were taken to the police station by PCR officials along with injured Rahul (PW-21). Information about this incident was also given by one Chandan to the police which was recorded vide DD No.37B at about 12.50 PM that Rahul who was a murder suspect has been caught, however, when ASI Ramesh Chand (PW-25) along with HC Balu Palve (PW-7) reached the spot, they could not find anyone and were informed that Rahul and the three appellants were taken to the police station. These two police officers came back to the police station at about 1.30 PM and at the police station, injured Rahul and the said three appellants were present and Rahul was taken to the hospital by Ct.Chander Prakash (PW-6) and at the same time the three appellants left the police station. In the meanwhile, at about 12.30-12.45 PM, two appellants Anchal and Akash along with appellants Deepak, Suraj, Jitender @ Guddu Passi and Naushad entered the house of deceased and assaulted the deceased. Thereafter, the deceased was dragged out of his house till Aam Aadmi Chowk, Gali No.8, where he was again beaten up. In respect to this incident, information was given to the police by one Pradeep, which was recorded vide DD No.43B on which PW-7 and PW-25 reached the Aam Aadmi Chowk where Dilip, Neelu and Sushma along with their associates were seen beating the deceased by the police officials. Police officials were able to apprehend and arrest five of the appellants at the spot namely Sushma (Ex.PW-22/A), Neelu (Ex.PW-22/B), Dilip Mishra (Ex.PW- 19/A1), Anchal (Ex.PW-19/B1) and Akash (Ex.PW-19/C1). The deceased was taken to the hospital by PW-25 and at about 4.50 PM, the deceased died at the hospital. At the hospital, statement of father of the deceased Ram CRL.A. 1087/2018 & connected appeals Digitally Signed Digitally Signed By:JUSTICE MUKTA By:POONAM BAMBA GUPTA 2023:DHC:4294-DB Kishan (PW-11) was recorded (Ex.PW-11/A) and rukka (Ex.PW-16/B) was prepared on which FIR No.204/2017 dated 29th March, 2017 under Sections 147/148/149/452/302/34 IPC was registered at PS Bhalswa Dairy (Ex.PW- 9/A).
CRL.A. 1087/2018 & connected appeals
Digitally Signed Digitally Signed
By:JUSTICE MUKTA By:POONAM BAMBA
GUPTA
2023:DHC:4294-DB
PW-7 HC Balu Palve:
a. PW-7 also deposed on similar lines.
b. He stated during cross-examination
that when he and PW-25 reached the
First Incident Spot, the injured Rahul
and the three Appellants namely Dilip
Mishra, Neelu and Sushma had already
been taken to the PS by a PCR van.
7) 01:26 pm MPV reported to PCR Form
Control Room
(against Neelu
Kumari's PCR call)
that suspect Rahul has
been handed over to
LP (Local Police).
8) 01:30 pm PW-7 and 25 returned PW-7 HC Balu Palve:
(approx.) to the PS from the
First Incident spot, at a. PW-7 stated these facts during cross-
about 01:30 pm. examination.
When they reached b. He denied the suggestion that the
the PS,PW-21 Rahul said
and the three three Appellants were present in the PS
Appellants namely when PW-21 Rahul returned from the
Dilip Mishra, Neelu Hospital to the PS.
and Sushma were c. He volunteered to state that the said
already present in the three Appellants had left the PS at the
PS. time when PW-21 Rahul was taken to
the Hospital.
d. He also stated that it takes about 10
Immediately after minutes to reach from the PS to Gali
returning to PS, No. 8 (Third Incident Spot).
Rahul was taken to
the Hospital by PW-6 e. Hence, if the said three Appellants
Ct. Chander Prakash. left the PS at about 01:30 pm, they
No other police would have reached the Third Incident
official accompanied Spot at about 01:40 pm.
them to the Hospital. PW-25 ASI Ramesh Chand:
a. PW-25 deposed that the three
Appellants namely Dilip Mishra,Neelu
CRL.A. 1087/2018 & connected appeals
Digitally Signed Digitally Signed
By:JUSTICE MUKTA By:POONAM BAMBA
GUPTA
2023:DHC:4294-DB
and Sushma were present in the PS,
along with PW-21 Rahul,when he had
sent Rahul to Hospital with PW-6 Ct.
Chander Prakash.
b. He also deposed that when Rahul
returned from the Hospital after his
medical examination, the said three
Appellants were not present in the PS.
c. He stated during cross-examination
that he cannot tell the exact time when
he returned to the PS from the First
Incident Spot.
d. He also stated that he cannot tell the
exact time when he sent Rahul to the
Hospital with PW-6 Ct.
ChanderPrakash.
9) 01:39 pm DD No. 43-B lodged Filed with chargesheet but not exhibited
on information by
Pradeep regarding in evidence.
and Sushma.
g. PW-25 took Narender to the Hospital
• Appellant Anchal in an Auto.
Mishra.
• Appellant Akash @
Nakali.
• JCL ‗V'.
12) 02:04 pm PCR call by Sanjay Filed with chargesheet but not exhibited
Kumar regarding
CRL.A. 1087/2018 & connected appeals
Digitally Signed Digitally Signed
By:JUSTICE MUKTA By:POONAM BAMBA
GUPTA
2023:DHC:4294-DB
quarrel at Gali No. 4. in evidence.
(Second Incident)
13) 02:05 pm DD No. 46-B Filed with chargesheet but not exhibited
regarding Second in evidence.
Incident.
14) 02:06 pm MLC of PW-21 Proved by PW-18 vide Ex.PW-18/B
Rahul.
Brought by PW-6 Ct.
Chander Prakash.
15) When PW-6 Ct. PW-7 stated during cross-examination
Chander Prakash and that PW-6 did not return to PS from
PW-21 Rahul Hospital in his presence. This
returned to PS from corroborates the fact that PW-7 had
the Hospital, PW-7 already proceeded to the Third Incident
and 25 had already spot before Rahul and Chander Prakash
left the PS and had returned to the PS from the
reached the Third Hospital.
Incident spot. a. It appears from the testimony of PW-
7 and PW-25 that he had left the PS for
the Third Incident spot after the return
of Rahul and Chander Prakash to the PS
from the Hospital. This is incorrect and
contrary to the timeline established in
evidence.
In fact, as stated above, PW-7 stated in
cross-examination that PW-6 did not
return to the PS from the Hospital in his
presence.
b. PW-6 has stated during cross-
examination that he reached the Third
Incident spot at 12:30-12:45 pm and
that PW-25 reached the spot 10-15
minutes after him. This is incorrect and
contrary to the timeline established in
evidence.
c. The above contradictions in the
testimony of PW-6, 7 and 25 do not
affect the correctness or credibility of
CRL.A. 1087/2018 & connected appeals
Digitally Signed Digitally Signed
By:JUSTICE MUKTA By:POONAM BAMBA
GUPTA
2023:DHC:4294-DB
the eyewitness testimony (PW-11 and
20) in this case.
16) 02:25 pm MLC of Narender. Proved by PW-18 vide Ex. PW-18/A.
PW-11 and 20 also followed Narender
48. Copy of the judgment be uploaded on the website of this Court and be also communicated to the Superintendent Tihar Jail for updation of records, intimation to the appellants and compliance.
(MUKTA GUPTA) JUDGE (POONAM A. BAMBA) JUDGE JUNE 26, 2023/‗vn/ga' CRL.A. 1087/2018 & connected appeals Digitally Signed Digitally Signed By:JUSTICE MUKTA By:POONAM BAMBA GUPTA