State vs . (1) Rajesh @ Raje on 7 February, 2014

List of prosecution witnesses:

Sr. PW No. Name of the witness Details of witness
No.
1. PW1 Satbir Public Witness - uncle of the deceased
2. PW2 SI Anil Kumar Police Witness - Crime Team Incharge
3. PW3 SI Manohar Lal Police Witness - Draftsman
4. PW4 Ct. Sumit Police Witness - Special Messenger
5. PW5 Ct. Mahipal Police Witness - PCR Official
6. PW6 Ct. Jasvir Police Witness who had deposited the
exhibits with FSL
7. PW7 Ct. Bijender Police Witness who had deposited the
exhibits with FSL
8. PW8 HC Anoop Singh Police Witness MHCM
9. PW9 SI Ashwani Kumar Police Witness - Duty Officer
10. PW10 Ct. Harish Police Witness - Crime Team Photographer
11. PW11 Rajeshwar Dayal Public Witness - Father of the deceased
12. PW12 Dr. Manoj Dhingra Autopsy Surgeon
13. PW13 ASI Naresh Kumar Police official from PS Rai, District Sonepat,
Haryana
14. PW14 Dr. Rajender Kumar FSL Expert
15. PW15 ASI Suresh Chand Police official from PS Rai, District Sonepat,
Haryana

St. Vs. Rajesh @ Raje Etc., FIR No. 24/2012, PS Kanjhawla Page No. 6 of 96
16. PW16 Ct. Jagbir Singh Witness who had made PCR call
17. PW17 Mukesh Kumar Public witness who had made PCR call
18. PW18 Ct. Ramakant Police Witness who had deposited the
exhibits with FSL
19. PW19 ASI Ram Rattan Police Witness who had apprehended the
accused Rajesh @ Raje
20. PW20 HC Satender Kumar Police Witness who had apprehended the
accused Pawan
21. PW21 HC Virender Singh Police Witness who had apprehended the
accused Rajesh @ Raje
22. PW22 HC Dharampal Police Witness MHCM
23. PW23 Ct. Kuldeep Police Witness who had reached the spot
with SI Naresh
24. PW24 SI Rajesh Kumar Police Witness who had joined investigation
with Inspector Mahesh Chand
25. PW25 SI Naresh Kumar Police Witness - Initial Investigating Officer
26. PW26 Smt. Nirmala Public Witness - Mother of the deceased
27. PW27 ASI Anil Kumar Police Witness who had apprehended the
accused Sanjay Rathi and Pawan Pandit
28. PW28 HC Shamsher Singh Police Witness who had apprehended the
accused Sanjay Rathi and Pawan Pandit
29. PW29 SI Ram Kumar Police Witness - IO if case FIR No. 229/12,
PS Bawana
30. PW30 Inspector Mahesh Police Witness - Subsequent Investigating
Officer
31. PW31 Insp. Arvind Kumar Police Witness - Investigating Officer

List of documents:
Sr. Exhibit No. Details of document Proved By
No.
1. PW1/A Dead body identification Statement Satbir

2. PW 2/A Crime Team Report SI Anil Kumar

St. Vs. Rajesh @ Raje Etc., FIR No. 24/2012, PS Kanjhawla Page No. 7 of 96
3. PW3/1 Affidavit of SI Manohar Lal SI Manohar Lal
4. PW3/A Scaled Site Plan
5. PW4/1 Affidavit of Ct. Sumit Ct. Sumit
6. PW5/1 Affidavit of Ct. Mahipal Ct. Mahipal
7. PW5/A PCR Form
8. PW6/1 Affidavit of Ct. Jasbir Ct. Jasbir
9. PW6/A RC 45/21/12
10. PW6/B FSL receipt
11. PW7/1 Affidavit of Ct. Bijender Ct. Bijender
12. PW7/A RC 94/21/12
13. PW8/1 Affidavit of HC Anoop Singh HC Anoop Singh
14. PW8/A Copy of Reg No. 19 Sr. No. 1606
15. PW8/B Copy of Reg No. 19 Sr. No. 1609
16. PW8/C Copy of Reg No. 19 Sr. No. 1709
17. PW8/D RC 52/21/12
18. PW8/E FSL Receipt
19. PW9/1 Affidavit of SI Ashwani Kumar SI Ashwani Kumar
20. PW9/A FIR
21. PW9/B Endorsement on rukka
22. PW10/1 Affidavit of Ct. Harish Ct. Harish
23. PW10/A1 to Photographs
A25
24. PW10/B Negatives
25. PW11/A Dead body identification statement Rajeswar Dayal
26. PW11/B Dead body handed over memo
27. PW12/A Postmortem Report Dr. Manoj Dhingra
28. PW13/A Site plan ASI Naresh Kumar
29. PW13/B Sketch of pistol
30. PW13/C Seizure memo of Pistol and cartridges
31. PW13/D Copy of FIR

St. Vs. Rajesh @ Raje Etc., FIR No. 24/2012, PS Kanjhawla Page No. 8 of 96
32. PW14/A Biological Report Dr. Rajender Kumar
33. PW14/B Serological Report
34. PW15/A Copy of Reg No. 19 Sr. No.622
35. PW15/B Copy of RC
36. PW15/C FSL Receipt
37. PW18/1 Affidavit of Ct. Ramakant Ct. Ramakant
38. PW19/A Sketch of Katta and Cartridges ASI Ram Rattan
39. PW19/B Seizure memo of Katta and Cartridges
40. PW19/C Disclosure Statement of Rajesh
41. PW19/D Arrest memo of Rajesh
42. PW20/A Arrest memo of Pawan HC Satender Kumar
43. PW20/B Personal search memo
44. PW20/C Disclosure Statement
45. PW21/A Copy of FIR No. 88/12 HC Virender Singh
46. PW22/A Copy of Reg No. 19 Sr. No.276 HC Dharampal

48. PW22/C RC 52/21/12
49. PW22/D FSL Receipt
50. PW22/E RC 37/21/12
51. PW24/A Arrest memo of Sanjay Rathi SI Rajesh Kumar
52. PW24/B Personal search memo
53. PW24/C Disclosure Statement
54. PW24/D Pointing out memo
55. PW24/E Disclosure Statement of Sanjay Rathi
56. PW24/F Arrest memo of Pawan
57. PW24/G Pointing out memo
58. PW24/H Pointing out memo
59. PW24/I Disclosure Statement

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60. PW25/A Seizure memo of Exhibits SI Naresh Kumar
61. PW25/B Rukka
62. PW25/C Site plan
63. PW25/D Arrest memo of Rajesh
64. PW25/E Disclosure Statement
65. PW25/F Pointing out memo
66. PW25/G Arrest memo
67. PW25/H Personal search memo
68. PW25/I Disclosure Statement
69. PW25/J Pointing out memo
70. PW25/K Seizure memo of deceased articles
71. PW25/L Seizure memo of cloths of deceased
72. PW25/M Sketch of empty cartridges and one led
73. PW25/N Sketch of fired empty cartridges
74. PW27/A Seizure memo of pistol, live cartridges and ASI Anil Kumar
empty fired cartridge
75. PW27/B Seizure memo of Pistol and cartridges
76. PW27/DA Confronted statement
77. PW28/A Disclosure Statement of Sanjay Rathi HC Shamsher Singh
78. PW29/A Copy of FIR SI Ram Kumar
79. PW30/A DD No. 18A Insp. Mahesh
80. PW30/B Inquest form
81. PW30/C Brief facts
82. PW30/D Request for the postmortem
83. PW30/E Arrest memo of Priyavat
84. PW30/F Disclosure Statement
85. PW30/G Pointing out memo
86. PW31/A Ballistics Report Insp. Arvind Kumar
87. PW31/B Ballistics Report

St. Vs. Rajesh @ Raje Etc., FIR No. 24/2012, PS Kanjhawla Page No. 10 of 96
EVIDENCE:

(9) In order to prove its case the prosecution has examined as many as

Thirty Two witnesses as under:

Public witnesses:

(10) PW1 Satbir has deposed that he is the surpanch of village

(35) PW13 ASI Naresh Kumar has deposed that on 11.04.2012 he was posted at Police Station Rai, District Sonepat and on that day he along with EHC Rajinder and Driver Raj Singh were on patrolling duty in the official gypsy and were present at Ratdhanam, Safiabad Raod at about 5 PM. According to him one secret informer gave secret information that one person Priyawat @ Kala S/o Dayanand was coming on a motorcycle No. DL8SNC6662 who was wanted in many cases in Delhi and Haryana. The witness has testified that after 15 - 20 paces, ASI Kuldeep Singh the incharge of Sector3 Chowki met there along with two other constables on which he (witness) gave the above said secret information to him. He has further deposed that meanwhile one person was found coming on a pulsar St. Vs. Rajesh @ Raje Etc., FIR No. 24/2012, PS Kanjhawla Page No. 23 of 96 motorcycle from the side of Ratdhana and on seeing the police party the said person turned his motorcycle and tried to run away from there with his motorcycle which was having the above number. According to the witness, on this he followed the above said motorcycle in the gypsy whereas ASI Kuldeep also followed on his motorcycle and the above said motorcyclist turned towards the area of Peer Baba, Jagdishpur village area and after entering the fields the said person left his motorcycle and started running and also fired upon him (witness) by his firearm pistol but he saved himself and did not receive gunshot injury. The witness has testified that he also returned fire once by his official firearm and challenged him to surrender on which the said person put his firearm in his dub and they overpowered him. The witness has further deposed that he disclosed his name as Priyawat @ Kala S/o Dayanand after which his pistol was taken in possession by and the same was checked by him (witness) during which four live cartridges were found in the magazine of the pistol and at some distance, one fired empty cartridge was also found. The witness has testified that he prepared the sketch of pistol, all live cartridges and fired cartridge and also took measurement of the above said pistol and cartridges which he mentioned in the sketch. He has proved that he sealed the fire empty cartridge in a cloth pullanda and sealed the same with the seal of SS and also sealed the live cartridges with pistol and magazine in a cloth pullanda and sealed with the seal of SS and then seized the above said pullanda vide seizure memos. He has also proved having sealed the above said motorcycle after which he prepared the rukka St. Vs. Rajesh @ Raje Etc., FIR No. 24/2012, PS Kanjhawla Page No. 24 of 96 for registration of the FIR and on the basis of rukka, FIR No. 109/2012 was registered at the Police Station Rai, District Sonepat. He has further deposed that ASI Surender Kumar came from Police Station who conducted the further investigation. He has proved having prepared the site plan vide Ex.PW13/A. The witness has also proved the sketch of the pistols and live cartridges which is Ex.PW13/B, seizure Memo of the pistol and cartridge which is Ex.PW13/C and copy of the FIR No.109/12 Police Station Rai which is Ex.PW13/D (3 pages). He has correctly identified the accused Priyawat @ Lala Lohar in the court and also identified the Pistol with magazine which is Ex.P1, live cartridges which are Ex.P2 & Ex.P3 and empty fired cartridge which is Ex.P4 which were found in possession of the accused Priyavrat.

St. Vs. Rajesh @ Raje Etc., FIR No. 24/2012, PS Kanjhawla Page No. 26 of 96 (37) PW15 ASI Suresh Chand from Police Station Rai, District Sonepat, Haryana has deposed that on 11.04.2012 he was posted as Malkhana Mohrar at Police Station Rai, District Sonepat and on that day ASI Surender Singh deposited one sealed pullanda with the seal of SS containing pistol and four live cartridges, another sealed pullanda with the seal of SS containing empty cartridge case and one motorcycle bearing No. DL8SNC6662 in the malkhana in case FIR No. 109/12 and same was deposited in the malkhana vide serial No. 622 of register No. 19, copy of which is Ex.PW15/A. According to the witness, on 18.04.2012 two pullandas of the above said case FIR was sent to FSL Madhuban, Karnal vide RC No. 19 through EHC Surender and copy of the RC is Ex.PW15/B and copy of receipt of the FSL is Ex.PW15/C. He has proved that the case property was not tampered and seal was intact while the same remained in his possession. (38) In his cross examination, witness had denied the suggestion that the above entires have been fabricated at the instance of the investigating officer.

(60) In his cross examination by the Ld. Defence Counsel the witness St. Vs. Rajesh @ Raje Etc., FIR No. 24/2012, PS Kanjhawla Page No. 46 of 96 has deposed that he does not know who had first made a call to the police on 100 number and has voluntarily explained that only the Investigating Officer can tell. He has further deposed that when he reached the spot a large number of public persons were standing there. He has also deposed that around 4050 persons must have been present and most of them were just looking at the spot and then going. According to the witness, accused Ram Roop was not present at the spot when he reached there. Witness has denied the suggestion that he took Ram Roop to the police station along with him for purposes of interrogation or that Ram Roop had informed him that one Vijay was consuming Ganja along with the deceased Kuldeep when the assailants came and shot at Kuldeep. Witness has further denied the suggestion that Ram Roop also informed him that Vijay had called him while he was sitting at pullia about 200 meters away from the spot of the incident and told him about the shouting incident on which Ram Roop made a PCR call. He is unable to tell whether the first 100 number call made by Ram Roop was went to Sonepat on which Ram Roop again made a second call on 100 number which was directed to Delhi police and informed them about the incident. He has denied the suggestion that Ram Roop met him at the spot and had informed him about the same or that he was deliberately concealing this aspect of Ram Roop had made a 100 number call. Witness has further denied the suggestion that Vijay had been lifted from Sonepat on 12.02.2012 and detained in the police station but later on let off or that one Satpal @ Kukki was also lifted from village Auchandi and detained for investigations and St. Vs. Rajesh @ Raje Etc., FIR No. 24/2012, PS Kanjhawla Page No. 47 of 96 later on let off. He has also denied the suggestion that the accused Ram Roop has no connection with accused Sanjay Rathi or any other accused in the present case and he has been falsely implicated by diverting the investigations towards him. He has also denied the suggestion that accused Ram Roop was lifted from his house at Burari on 09.03.2012 after he was released on bail on 06.03.2012 in FIR No. 12/2012, PS Bawana U/s 186 IPC dated 10.02.2012 when he was arrested in the above FIR on 16.02.2012. Witness has further denied the suggestion that Ram Roop was continuing in illegal detention of the police since 09.03.2012 and only to legalized the detention he was falsely implicated in the present case. He has also denied the suggestion that Ram Roop and Rajesh had made no disclosure statements as claimed by him. He has admitted the suggestion that pursuant to the disclosure made by the accused there was no recovery. According to the witness, the seal after use on the exhibits seized by him was handed over to Ct. Kuldeep which seal was taken back by him on the next day but no memo regarding the handing over the seal or taking over the same was prepared. The witness has testified that the Investigating Officer did not join any public witness in his presence at the time of apprehension and arrest of accused Ram Roop and recording his disclosure statement nor the Investigating Officer joined any public witness while recording the disclosure of Rajesh outside the court despite the availability of court staff and other public persons. Witness has denied the suggestion that the above exhibits lifted by him from the spot were tampered by him in order to falsely implicate and St. Vs. Rajesh @ Raje Etc., FIR No. 24/2012, PS Kanjhawla Page No. 48 of 96 connect the accused persons with the offence in the present case. Witness has denied the suggestion that one katta was found in possession of the deceased Kuldeep which has deliberately not been shown in the various documents prepared by him at the spot.

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