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PW25 is Sh. Sanjeev Kumar Singh Administrative Civil Judge (Central) Tis Hazari Courts, Delhi. He stated that an application for conducting of the TIP of accused Tahir @ Sahil was marked to him and he fixed the TIP for 17.5.2007 in Central Jail, Tihar. The application for TIP is Ex. PW25/A. On 23.7.2007 accused Tahir @ Sahil was produced before him and he on his asking, accused refused to join the TIP. He warned the accused that his refusal to join the TIP could be read against him during course of trial, but the accused Tahir @ Sahil had refused to join the TIP. The TIP proceedings conducted by him are Ex. PW25/B. The I.O. moved an application for taking copy of the proceedings, which was allowed by him. The application is Ex. PW25/C. PW26 is S.I Shiv Kumar. He stated that on 8.5.2007 he was posted in Special Cell, Lodhi Colony. He had joined the investigation of this case along with Inspector S.K.Giri, who was leading the team of Special Cell. They all had gone to Meerut as they had prior information that the accused Anwar @ Addha wanted in this case would come at Eastern Court Road near the bridge of drain, Meerut at about 11.00 a.m. The team was deputed at the nala bridge. Accused Anwar @Addha was overpowered and apprehended. Accused was brought to the office of Special Cell Delhi and was arrested vide memo Ex.26/A. His personal search was conducted vide memo Ex. PW26/A1. He had also made disclosure statement Ex.PW26/B. A kalandra under section 41.1(a) Cr.P.C was prepared and same was filed before the court of C.M.M. and same is Ex.PW 26/C. The DD entry in this regard is Ex.PW 26/D which was made by Inspector S.K.Giri. The arrival entry was made by him in P.S. Special Cell vide DD No.5 dated 8.5.2007 which is Ex.PW 26/E. PW26 further stated that on 21.7.2007 the other accused Tahir @ Sahil who was also carrying reward of Rs.10,000/ on his head was arrested near the Garh Bus Stand, Sohrab Gate, Meerut. The departure entry No.4. from Delhi is Ex. PW 26/F. Accused Tahir @ Sahil was arrested vide his arrest and personal search memos Ex. PW26/G and PW 26/G1. The disclosure statement of accused Tahir @ Sahil was recorded which is Ex. PW 26/H. They arrived in P.S. Special Cell and arrival entry No.10 in this regard is Ex.PW26/J. Accused was produced before the Duty M.M. and his kalandra u/s 41.1.(a) Cr.P.C. was prepared which is Ex. PW 26/K. The I.O. recorded his statement.
PW27 further stated that on 9.5.2007 DD No. 60B was lodged by Inspector S.K.Giri of Special Cell that they had arrested accused Anwar @ Addha. Accused Anwar @ Addha was produced in court on 11.5.2007 on production warrants. After taking permission from the court, accused was arrested vide arrest memo Ex.PW27/J. He recorded his disclosure statement Ex. PW 27/J1. Accused was remanded to J.C and he remained in muffled face throughout. Separate application was made for TIP of the accused. The TIP proceeding of accused Anwar were carried out on 17.05.07. The accused pointed out the spot of occurrence at Shashi Medical Store vide memo Ex.PW 17/A. He also carried out search of house of the accused at his house No. 650, Gali No.1, Mohalla Char Diwari, Islamabad, Police Station Lisari Gate, Meerut, vide memo Ex. PW 16/A. Nothing incriminating was recovered in the house search of accused Anwar. Accused also made supplementary disclosure statement which was recorded vide memo Ex.PW16/B. PW27 further stated that proceeding against accused Tahir @ Sahil were carried out under section 82/83 Cr.P.C. On 21.07.2007, DD No. 37A was lodged in Police Station Khajuri Khas by SI Shiv Kumar of Special Cell, Lodhi Road, regarding apprehension of accused Tahir @ Sahil and that he would be produced in Tis Hazari Court. D.D. No. 27A is attested by him . A request was made for issuance of production warrants and accused Tahir @ Sahil was produced in the court on 23.7.07. After permission, accused was arrested vide memo Ex. PW 11/A. The accused made disclosure statement Ex.PW11/B. An application was moved for carrying out TIP proceeding of accused Tahir @ Sahil. Accused Tahir refused to join TIP. The accused always remained in muffled face till his TIP. The accused Tahir pointed out the spot vide memo Ex. PW 20/A. PW27 further stated that on 4.8.2007 the house of accused Tahir at H.No.195, Gali No.1, Mohalla Kidwai Nagar, Police Station Lisari Gate, Meerut was searched vide memo Ex.PW20/B but nothing incrimination could be recovered. The accused again made a supplementary statement Ex. PW 20/C. PW27 further stated that he recorded statements of witnesses under section 161 Cr.P.C. He sent the exhibits to the FSL. Challan was prepared and same was filed in the court. The FSL reports Ex. PW 19/A and PW Ex.19/B were collected subsequently and filed in the court.
It was further contended by Ld. Defence Counsel for the accused Tahir @ Sahil that the accused has refused to join the TIP as the police had shown the photographs of the accused to PW1 Ramesh Chand Sundariyal before conducting the TIP of the accused Tahir @ Sahil.
So far as the contention of Ld. Defence Counsel for the accused Tahir @ Sahil that his photographs were shown to PW1 Ramesh Chand Sundariyal before the TIP, in this regard it is important to note that PW1 Ramesh Chand Sundariyal has denied the suggestion of the defence counsel that the photographs of the accused Tahir @ Sahil were shown to him by the police. The perusal of the TIP proceedings Ex.PW25/B reveals that the accused has stated in his statement before the Ld. M.M. that he did not want to join the TIP proceedings as his face had already been shown by the police to the witness. Thus, it is revealed that accused Tahir @ Sahil had refused to join the TIP as he was physically shown to the complainant. Nothing has come on record as to when and where Tahir @ Sahil was shown to the PW1 Ramesh Chand Sundariyal before the TIP. Further the suggestion was not to put to the witness PW1 Ramesh Chand Sundariyal in his cross examination that the police had shown the face of the accused Tahir @ Sahil to him. It is further important to note that despite warning given by Ld. Magistrate at the time of conducting the TIP proceedings, that in case of his refusal to join the TIP, an adverse inference can be drawn against the accused Tahir @ Sahil. Hence in my view it is not proved that before conducting the TIP of accused Tahir @ Sahil, his photographs were shown to PW1 Ramesh Chand Sundariyal. Nor any evidence has come on record to show that police had shown the accused Tahir @ Sahil to PW1 Ramesh Chand Sundariyal.
So far as the contention of Sh. Zaidi that after the alleged incident, PW1 Ramesh Chand Sundariyal has seen the accused Tahir @ Sahil first time in the court is concerned, admittedly, the PW1 Ramesh Chand Sundariyal has seen the accused Tahir @ Sahil first time in the court after the incident. After the incident, the accused was arrested and his TIP was fixed but he refused to join the TIP, therefore, the PW1 Ramesh Chand Sundariyal has no occasion to see him prior to his (PW1) statement in the court. Therefore, this contention of the Ld. Defence Counsel is without any merit and has to be ignored.