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2. It is further the case of the prosecution that during investigation, IO prepared site plan. The case property i.e. the blood stained broken pieces of glasses from driver side, blood­stained nut wrench lying on the road near conductor side bearing "drop forged SJ 61 & 7/16 WI/2BS Bagso S/16 W3/8BS", one blood­stained blanket of black colour, one blood­stained cloth of white colour, one blood­stained iron rod of 22.5'' bearing "MT 500 ISI", one glass beer bottle bearing "Foster's Strong & for selling in Haryana only", two glass quarter bottles of whiskey bearing "Casino Club Deluxe Whisky", one broken fan behind driver seat having black coloured plastic net and three green coloured blood­stained blades and one broken iron blade (Patti) and truck No. MP­06­HC­1613 were taken into police possession by the IO. On 11­09­2012, the brother of deceased Deepak namely Raj Kumar identified the dead body and he also raised his suspicion over Kalyan Singh @ Kalla as he was missing from the day of incident. Raj Kumar also disclosed that his deceased brother Deepak used to keep one mobile no. 8743866487. Statement of Raj Kumar was recorded u/s 161 Cr.P.C. On 11­09­2012 itself, the postmortem on the dead body of Deepak was got conducted at the mortuary of BJRM hospital vide PM no. 899/12 and thereafter exhibits were taken into police possession. Statements of witnesses were recorded u/s 161 Cr.P.C. The PM report of deceased Deepak was obtained in which doctor mentioned the cause of death as craniocerebral damage as a result of blunt force diverted upon head by other party. IO also obtained opinion of doctor regarding the iron rod recovered from the spot. On 12­09­2012, on the basis of secret information, accused Kalyan Singh @ Kalla was arrested from outside Nizamuddin Railway Station and he made disclosure statement. The blood­stained clothes of accused Kalyan Singh @ Kalla and mobile phone of deceased Deepak bearing IMEI nos. 911121500482528 and 911121500482536 were taken into police possession vide separate seizure memos. There was injury of human bite over the right index finger of Kalyan Singh @ Kalla and also injury at right eye. Accused Kalyan Singh @ Kalla was got medically examined vide MLC no. 47212 in which he told the alleged history of human bite and physical assault four days back. Accused Kalyan Singh @ Kalla refused for judicial TIP. Accused Kalyan Singh @ Kalla was taken on PC remand on 26­09­2012 and complainant Amar Nath identified him. The statement of owner of truck no. MP06­HC­1613 was also recorded u/s 161 Cr.P.C. and he told that he appointed Deepak as driver on his truck and Deepak had left Hyderabad for Delhi with Mausmi loaded truck along with helper Kalyan Singh @ Kalla. Statements of witnesses were recorded. Crime Team report, photographs, PCR form and scaled site plan were obtained. The exhibits were sent to FSL Rohini vide RC no. 82/21/12. Call details of mobile phone recovered from the accused and call details of deceased were obtained. After completion of investigation, chargesheet was filed against accused Kalyan Singh @ Kalla u/s 302 IPC.

6. The Ld. Amicus Curaie for the accused argued that there was no motive for murder but only quarrel had taken place between the accused and deceased. PW11 stated that the quarrel between accused and deceased did not turn into fighting and they were only shouting loudly at each other due to non­starting of truck. PW11 had seen the accused and deceased on 09­09­2012 for the first time. One dual mobile phone was recovered from accused on 12­09­2012 but call details were produced only upto 09­09­2012. No public person was joined at the time of arrest and recovery. The night watchman who was on duty on that day was not examined. There is no weapon of offence. The blood of accused was not examined. No measurement of human bite on the body of accused was done. The investigation was not conducted fairly.

15. PW9 Joginder Singh stated that his brother in law Raj Kumar/ PW8 telephonically informed him that his another brother in law Deepak had been murdered at Azadpur Mandi. PW9 identified the dead body of Deepak. PW10 Amar Singh stated in his examination in chief that on 11.09.2012, after the postmortem, dead body of deceased Deepak was handed over to his elder brother Raj Kumar vide receipt already Ex. PW8/B.

16. PW3 Dr. V. K. Jha, Medical Officer, BJRM Hospital proved the postmortem report Ex. PW3/A of the deceased Deepak and after examination of iron rod, he gave subsequent opinion Ex. PW3/B that injuries mentioned in the PM report could have been caused by the weapon of offence sent in sealed packet by the IO with the seal of DS or similar such weapon. PW14 Dr. Sudeep Haldar, SR Medicines, BJRM Hospital stated that on 12.09.2012, he examined Kalyan Singh vide MLC Ex. PW14/A who was having alleged history of human bite four days back, therefore, PW14 prescribed him tetanus injection and antibiotic and thereafter referred the patient to SR Surgery. PW15 Dr. Gopal Krishna, Medical Officer, BJRM Hospital stated that on 12.09.2012, HC Raj Kumar brought Kalyan Singh @ Kalla, who was in custody, for medical examination at 9:45 pm. Kalyan Singh had the alleged history of human bite and physical assault four days back. On local examination, no fresh external injury seen at the time of examination. There was healing wound right index finger and lateral side of right eye. PW15 further stated that the MLC Ex.PW14/A bears his signatures at point B and the note at point Y on the said MLC in his handwriting. It is evident from the testimony of PW14 and PW15 that on 12­09­2012, the accused was brought with the alleged history of human bite four days back. It is pertinent to mention here that no matching of the teeth of the deceased and the size of human bite on the person of accused was conducted, therefore, it has not been proved on record that it was the bite of the deceased.