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Showing contexts for: uncontroverted in State vs . (1) Mukesh @ Bhola on 16 July, 2012Matching Fragments
(34) This witness was declared hostile by Ld. Addl. PP for the State regarding identity of one accused and during his crossexamination by the Ld. Addl. PP for the State the statement Ex.PW37/A was read over to the witness on which he denied having made the portion A to A before the Investigating Officer. He has denied the suggestion that he had stated to the Investigating Officer that one of the two boys who came on the motorcycle was known to him or that he was not giving this fact deliberately to favour the accused persons. The witness was not crossexamined by Ld. Defence Counsels for the accused and hence, his testimony has gone uncontroverted.
St. Vs. Mukesh @ Bhola Etc., FIR No. 181/2009, PS Jahangir Puri Page No. 29 of 113 (35) PW37 Sardar Raj Kumar was recalled on 21.03.2012 for re examination after arrest of accused Sushil who was earlier Proclaimed Offender wherein he has corroborated his earlier testimony in toto. Medical witnesses:
(36) PW5 Dr. K. Goel, CMO, BJRM Hospital has deposed that on 27.3.2009 he conducted the postmortem on the dead body of one Amjad S/o Bateru Beg, aged about 24 years Male with alleged history of found dead by the police after receiving a call vide DD No.10 A vide postmortem report Ex.PW5/A. He has proved that the cause of death was cranio cerebral damage as a result of fire arm injury which was ante mortem in nature and was sufficient to cause death in ordinary course of nature. According to the witness, the range of fire arm was close range and time since death was 4445 hours. He has also deposed that the clothes of the deceased and blood sample in gauze piece, one bullet recovered from the head of the deceased were sealed by him and handed over to police officials. He has identified the clothes of the deceased i.e. one black Tshirt, one black hosiery pyajama, brownish underwear which are collectively Ex. P2 and one sandal of right foot of the deceased which is Ex.P3. He has not been crossexamined by the Ld. Defence counsels and therefore, his testimony has gone uncontroverted.
St. Vs. Mukesh @ Bhola Etc., FIR No. 181/2009, PS Jahangir Puri Page No. 30 of 113 (37) PW5 Dr. K. Goel was recalled on 21.03.2012 for re examination after arrest of accused Sushil who was earlier a Proclaimed Offender wherein he has corroborated his earlier testimony in toto. Forensic Witnesses:
(38) PW4 Sh. V. Shankaranarayanan, Sr. Scientific Officer (Biology), FSL Rohini has deposed that on 31.03.2009 he along with Ms Manisha Upadaya inspected the vehicle maruti Alto LXI Car bearing registration No. DL3C AG3120 at the FSL campus and he submitted his report in this connection on 24.04.2009 which report is Ex.PW4/A. This witness was not crossexamined by the Ld. Defence Counsels despite opportunity and hence his testimony has gone uncontroverted. (39) PW36 Sh. V. Shankarnarayanan Senior Scientific Officer (Biology) has deposed that on 21.04.2009, fourteen sealed parcels were received in the office of FSL, Rohini, Delhi in connection with case FIR No.181/09, Police Station Jahangirpuri under Sections 365/364/302/34 IPC and 25/54 Arms Act. According to the witness, he opened the above said parcels and examined the exhibits biologically during which blood was detected on exhibits 1, 2, 3, 5, 6, 7(a), 7(b), 7(c), 7(d), 10(a), 10(b), 10(c), 10(d), 11 and 12(a), but blood could not be detected on exhibits 4, 8(a), 8(b), 9, 12(b), 13(a), 13(b), 14(a) and 14(b) and his detailed biological report in this regard is Ex.PW36/A. The witness has testified that the above said exhibits were also examined by St. Vs. Mukesh @ Bhola Etc., FIR No. 181/2009, PS Jahangir Puri Page No. 31 of 113 him serologically and on serological examination exhibit 1, 5, 10(c) and 11 showed reaction for human blood Group A; exhibits 2, 3, 6, 7(a) to 7(d), 10(a), 10(b), 10(d) and 12(a) showed reaction for human origin blood only whereas the exhibit 4 showed no reaction with respect to human origin of blood. He has proved his detailed serological report in this regard which is Ex.PW36/B. According to him, the remnants of the above exhibits after examination were resealed with the seal of VSN, FSL, Delhi. This witness was not crossexamined by Ld. Counsel for the accused persons and hence, his testimony remained unassailed.
(46) PW6 Ct. Saurabh Kumar has deposed that on 31.3.2009 he was posted in Mobile Crime Team as Photographer Police Station Maury Enclave and on that day he alongwith the Incharge Crime Team reached at Police Station Kanjhawla wherein on the directions of the Incharge Crime Team he took ten photographs of the Alto Car no. DL3CAG3120 in the police station from different angles which photographs are Ex.PW6/A1 to Ex.PW6/A10 and negatives of the same are Ex.PW6/B (collectively). This witness was not cross St. Vs. Mukesh @ Bhola Etc., FIR No. 181/2009, PS Jahangir Puri Page No. 38 of 113 examined by the Ld. Defence Counsels and his testimony has gone uncontroverted.