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16. In his cross examination by Ld. Defence counsels the witness has deposed that he was residing in the area of Lal Bagh jhuggi for the last 20 years and he is having his own jhuggi which is now in the form of house. He has produced his election identity card to show his residential proof and has admitted that there is a difference regarding house Number in the election Identity card and the address given in the Court. The witness has admitted that the address N­9C/423, mentioned on the election identity card and has voluntarily explained that there is a printing error in the election identity card. Witness has further deposed that he is the pardhan of Lal Bagh, Kaushalpuri, Bari Bagh and chowki No. 4. According to him the entire area as aforesaid is spread out within two kilometers and he was nominated as Pardhan by the MLA of the area because he was his worker. He has stated that the MLA of the area is linked to Congress party and has admitted that people having affiliations to other political parties are also residing in the area of which he is a Pardhan. The witness has further deposed that he has no political rival and has voluntarily added that they worked in their respective areas. He has also testified that he is not known to all the persons of the area of which he is a Pardhan by name and knew the accused Hans Raj and Rajnish by name being residents of the same area but has no personal family relations with them. Witness has further deposed that the areas of Kaushalpuri and Lal Bagh are adjoining to each other. He has denied the suggestion that there is no proper lighting arrangement in the jhuggi Johnpuri area and has voluntarily explained that there are big masts outside on the crossing and also between the cluster in the galies. He has also admitted that there are no street lights in all the galies. According to him when he first noticed the accused they had just passed by his side. According to him, the gali in which they had crossed each other was hardly 2 ½­3 feet wide. Witness has further deposed that both the accused persons were wearing pant shirt at the time when they were carrying the gathri. He has also testified that the accused reside at Kaushalpuri Jhuggi cluster whereas he is residing at Lal Bagh Jhuggi cluster and their houses are approximately 200 meters away from each other. The witness has also testified that it was around 9:30­10AM when he was informed that a dead body had been found but he is unable to tell the name of the lady who had informed him of the same. According to witness Sudama, he had gone to the spot after hearing what was being said by persons present outside his jhuggi but by that time the dead body had been removed by the police. He has further deposed that when he reached the spot at 9:30 AM some police officers were standing at the chowk and were making inquiries from public persons if anybody had seen anything on which he went to them and told them that Rajnish and Hans Raj were carrying a gathri at night and the police had recorded his statement at the spot itself i.e. after 9:30 AM but he did not sign any document at that time. According to him, he is not a frequent visitor to Adarsh Nagar police station and it is only in case of some dispute that they go to the police station. He has denied the suggestion that he is well known at Police Station Adarsh Nagar and has stated that he had never gone to the Police Station in connection with the present case. The witness has also stated that police had come to his house on 14th of August to ask about the color of the gathri and has voluntarily stated that he told them that he could not notice the color of the gathri. He has admitted that in their locality there are two or three sets of public convenience and has explained that the said toilets used to close at about 11 PM. The witness has further deposed that he usually go for toilet at about 10PM everyday. He has admitted that as per his daily routine he used public toilet but has denied the suggestion that he has deposed falsely at the instance of the Investigating Officer only to work out the present case. He has denied the suggestion that he had tried to implicate the accused Rajnish and Hans Raj in Congress Party but they were not willing due to which reason he was having a hostile attitude towards Hans Raj and Rajnish. He has also denied the suggestion that he had never seen the accused Hans Raj and Rajnish with a gathri in the intervening night of 16/17.05.2010 due to which reason he was unable to tell the colour of the gathri.

35. PW15 Ct. Zakir Hussain has deposed that on 18.05.2010 he was posted at Police Station Adarsh Nagar and on that day he along with Inspector Brij Pal Singh left the police station at about 10.30AM and reached at Mortuary Babu Jagjeevan Ram Memorial hospital. According to him, brothers of deceased namely Pintoo Yadav and Sushil Yadav met them in the hospital and identified the dead body of their brother. He has further deposed that Inspector Brij Pal Singh prepared the inquest documents and handed over the documents to the doctor and thereafter the postmortem on the body of deceased Rohit was conducted after which the dead body was handed over to Pintoo Yadav and Sushil Yadav vide receipt Ex.PW12/B. According to PW15 the doctor concern handed over to him two parcels containing clothes of the deceased and exhibits along with sample seal duly sealed with the seal of Babu Jagjeevan Ram Memorial hospital which he further handed over to Inspector Brij Pal Singh who seized the same vide seizure memo Ex.PW15/A.

39. PW18 PSI Govind, has deposed that on 17.05.2010 he was posted at Police Station Adarsh Nagar as Probationary Sub Inspector and was on emergency duty in the police station. According to him, at about 5.38AM an information was received in the police station that one dead body was lying near jhuggi No. B­1, Kaushal Puri, Lal Bagh which information was marked to ASI Kuldeep Singh after which ASI Kuldeep Singh and Ct. Naveen Kumar were sent to the spot whereas he along with Inspector Brij Pal Singh also went there. According to the witness, PCR Van Commander 47 and its Incharge HC Umrao were already present there where they found a dead body wrapped in grey coloured chadar (shawl). He has further deposed that on inspection of the body, it was found wearing green coloured T Shirt and black pant and one pair of chappal was also found in the gathri. Witness has also testified that blood was found oozing from mouth and there were mark of strangulation on the neck and there were also injury mark on the face of the dead body. Witness has further deposed that the blood was found lying at three places and crime team came to the spot and inspected the spot. According to him, the photographer took the photographs of the dead body and at the same time the brother of the deceased namely Pintoo Yadav came there who identified the dead body as belonging to his brother Rohit. He has proved that on the basis of DD No.8A Inspector Brij Pal Singh prepared the rukka and handed over the same to him which he took to the police station and got the case registered and came back to the spot at about 9.45AM along with copy of FIR and original rukka which he handed over to the Investigating Officer. He has further deposed that Investigating Officer Inspector Brij Pal Singh prepared the site plan and when he brought the copy of FIR to the spot, the dead body was already sent to the Hospital. He has also proved that the Investigating Officer lifted the blood sample with the help of gauze piece and kept the same in a plastic container and sealed the same with the seal of BPS and the sealed parcel was taken into possession vide seizure memo Ex.PW13/A. According to PW18, Investigating Officer also lifted the blood stained earth and kept the same in a plastic container and sealed the same with the seal of BPS which parcel was taken into possession vide memo Ex.PW13/B. He has proved that the investigating officer also lifted the earth control and kept the same in a plastic container and sealed the same with the seal of BPS which was taken into possession vide seizure memo Ex.PW13/C; one chadar of grey colour having blood stains was also converted into parcel and sealed the same with the seal of BPS and was taken into possession vide memo Ex.PW13/D; one pair of chappal belonging to deceased Rohit was also converted into parcel and sealed the same with the seal of BPS and was taken into possession vide memo Ex.PW13/E and the seal after use was handed over to him. He has further deposed that at about 11.30 AM two brothers of the deceased namely Chhotey Yadav and Sushil Yadav came there and had identified the dead body as belonging to their brother Rohit and their statements were recorded in which they had informed the Investigating Officer that their brother Rohit was called by the the accused persons namely Rajnish and Hans Raj and on 17.05.2010 his dead body was found lying near the house of Rajnish and also raised suspicion that their brother was murdered by Rajnish and Hans Raj. He has testified that the Investigating officer Inspector Brij Pal Singh recorded the statements of Chhotey Yadav, Sushil Yadav and Pintoo under Section 161 Code of Criminal Procedure. Witness has further deposed that during the search of both the accused persons, they reached at the jhuggi of accused Rajnish at N­22/B­330 Kaushal Puri, Lal Bagh and one lady namely Shobha who was wife of accused Rajnish met them and informed that both the accused persons had gone to the village one week ago. He has also deposed that the Investigating Officer made inquiries in the nearby jhuggies when one Sudama R/o Jhuggi No. N­25/B­423, Lal Bagh, Azadpur, Delhi met them and informed that he had seen both the accused persons Rajnish and Hans Raj at about 1.30 or 2.00AM in the street in the intervening night of 16/17.05.2010 along with a gathri. He has testified that the Investigating Officer recorded the statement of Sudama under Section 161 Code of Criminal Procedure and efforts were made to trace the accused Rajnish and Hans Raj but they could not be traced till then. According to him, at about 4.00PM, they came back to the police station and got deposited the case property in the Malkhana.

42. PW19 Ct. Rahul Tyagi has deposed that on 19.05.2010 while posted at Police Station Adarsh Nagar he had joined the investigation of this case with the Investigating Officer. According to him, he along with HC Pritam Chand, Ct. Jakir Hussain, Ct. Devender, Ct. Mukand and Inspector Brij Pal along with Chhotey Yadav, the brother of deceased left for search of accused persons and reached at Village Dharkuan and Prem Pur, Distt. Sitapur, UP but both the accused namely Rajnish and Hans Raj were not available there. Thereafter on 20.05.2010 at about 7.30PM they came to Police Station Psawa, Distt. Sitapur where one secret informer came and informed the Investigating Officer that the accused persons had left for Delhi and would leave for Mumbai from Anand Vihar Bus Stand in the early morning on the next day i.e. on 21.05.2010. The witness has further deposed that on receipt of this information they all left for Delhi alongwith the secret informer and Chhotey Yadav and on 21.05.2010 they reached at Bus Stand Anand Vihar at about 8.30 AM where Nakabandi was held at "In­Gate". According to him, at about 10.30AM they found two persons coming out from "In­Gate" on foot whom Chhotey Yadav had identified as Rajnish and Hans Raj after which both the accused Rajnish and Hans Raj were apprehended. He has proved that both the accused were interrogated and their disclosure statements were recorded, the disclosure statement of accused Rajnish is Ex.PW16/E and the disclosure statement of accused Hans Raj is Ex.PW16/F. He has deposed that the accused Rajnish was arrested vide memo Ex.PW16/A and the accused Hans Raj was arrested vide memo Ex.PW16/B after which both the accused were personally searched vide memos Ex.PW16/C and Ex.PW16/D. The witness has further deposed that at about 1.30PM they left ISBT Anand Vihar and reached at Police Station Adarsh Nagar at about 2.30PM from where they took lady Constable Minthesh and they all along with both the accused Rajnish and Hans Raj reached Jhuggi No. N­22/B­330, Kaushal Puri, Lal Bagh, Azad Pur from where the co­accused Shobha was arrested in this case vide memo Ex.PW17/B. He has proved that Shobha was personally searched by Lady Ct. Minthesh vide memo Ex.PW17/C and the information regarding arrest of all the three accused persons was given to one Raja Raj, the father of Shobha. The witness has further proved that the articles recovered from personal search of accused Shobha was converted into parcel and sealed the same with the seal of BPS and taken into possession vide memo Ex.PW17/C and accused Shobha was interrogated thoroughly to which she gave her disclosure statement which is Ex.PW17/D. According to him, the crime team was also called at the spot and the photographer of the crime team took the photographs after which the In­charge Crime Team inspected the spot and submitted his report vide Ex.PW1/A. He has proved that the Investigating Officer also inspected the spot and prepared site plan. According to him, the accused Shobha in pursuance to her disclosure statement had produced one bed sheet of red, yellow and orange colour before the Investigating Officer stated to have been used on the bed before committing the murder of Rohit on which Inspector Brij Pal procured a polythene bag and the said bed sheet was converted into parcel and sealed the same with the seal of BPS and taken into possession vide memo Ex.PW17/E. He has further testified that at about 6.00PM the accused Shobha along with accused Rajnish and Hans Raj took them to railway line near garbage (Koore ka dher) from which the accused Shobha got recovered one Salwar stated to have been used while strangulating Rohit which Salwar was also converted into parcel and sealed the same with the same seal and taken into possession vide seizure memo Ex.PW17/F. He has stated that at about 6.30PM both the accused Rajnish and Hans Raj pointed out at Jhuggi B­1 Kaushal Puri as the same place where they had thrown the dead body of Rohit pursuant to which Inspector Brij Pal prepared the memo of pointing out which is Ex.PW17/A. According to him, the accused Rajnish and Hans Raj took the police party at GTK Road, Parmeshwari Park, Opposite HP Petrol Pump and pointed out towards South West corner of the park from where both the accused persons got recovered the articles of the deceased Rohit i.e. one brown raxine purse of woodland, one pocket diary and visiting cards of Maa Laxmi Jewellers and one chain of silver colour (bracelet). He has testified that the accused persons disclosed that the aforesaid articles were belonging to deceased Rohit and after committing his murder they had thrown the aforesaid articles there. He has proved that the Investigating Officer Inspector Brij Pal converted the aforesaid articles in a parcel and sealed the same with the same seal and took the same into possession vide memo Ex.PW19/A and the seal after use was handed over to HC Pritam Chand. The witness has further deposed that on 18.06.2010 he again join the investigation with the Investigating Officer and on that day he took eight exhibits duly sealed with the seal of BPS and got deposited the same to FSL vide RC No.67/21. According to him, he handed over the copy of the receipt to MHC(M) after getting the same deposited and no tampering was done while the aforesaid exhibits remained in his possession. He has proved that on 30.06.2010 he took the request letter from the Investigating Officer and went to BJRM Hospital, Jahangir Puri with a pulanda containing Salwar duly sealed with the seal of BPS seeking opinion of the doctor. According to him, Dr. Kulbhushan Gopal received the said parcel and opened the same and had given the opinion on the back of the request letter and sealed the same with the seal of KG, BJRM Mortuary. He has testified that he took the said parcel from the doctor containing opinion and handed over the same to the Investigating Officer and the parcel containing Salwar duly sealed with the seal of KG BJRM Mortuary was handed over to MHC(M) Laxmi Narayan. He has also stated that during this period no tampering was done with the parcel. The witness has correctly identified all the three accused in the Court and has also identified the case property i.e. one bed sheet which is Ex.P­7; one black coloured Salwar which is Ex.P­1; one light brown colour purse of woodland containing one visiting card of Maa Laxmi Jewellers, one pocket diary and one bracelet as belonging to Rohit which are collectively Ex.P­9.