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6. Now we shall come to the disputed/debatable facts and contentions. Insp. Satyavir Singh (PW26) has deposed that on 1st February, 2007, he along with SI Satinder Dhull (PW-30), SI Satya Parkash (PW-25), ASI Gian Vir, HC Joginder Pal (PW-14), Ct. Neeraj (PW-

11) and Ct. Rishi Raj and Woman HC Asha Rani (PW-13) were present at Deepali chowk where a secret informer apprised them regarding the appellants. They searched for the appellants and finally located them when they reached GT Karnal Road towards bye-pass at 6.00 P.M. The secret informer had pointed towards Sudhir who was sitting on the front seat of the rickshaw and the appellant Salma who was sitting on the passenger seat. They were interrogated and then arrested vide arrest memos (Ex. 13/A & Ex. 13/B). The prosecution relies upon their disclosure statements (Ex. PW25/A and Ex. PW13/E) purportedly by Sudhir and Salma, respectively. PW26 has claimed that one wrist watch Maxima Quartz worn by the appellant Sudhir at the time of the arrest was taken in their possession vide seizure memo Ex. PW13/M and footwear worn by Salma and Sudhir Kumar were seized vide seizure memo Ex. PW13/N and PW13/G, respectively. PW26 has testified that afterwards they went to the residence of the appellants at Budh Vihar Phase I and one Nokia 2112 mobile phone, which belonged to the deceased, was found in the iron almirah (seizure memo Ex. PW13/K). Appellant Salma got recovered one scarf lying below the bed mattress which was seized vide seizure memo (Ex. PW13/G) and another mobile Nokia 2310 which was seized vide memo (Ex. PW13/I). Thereafter, along with police team the appellants were taken to the place of occurrence Vaishali Vatika where the park's watchman Som Pal (PW-4) met them. PW-26 recorded the statement of Som Pal (PW-4) and, subsequently, the appellants were taken for medical examination at night.

Recoveries of the mobile phone, watch and call records

14. This brings us to the main contention of the prosecution. As noted above, the wrist watch Maxima Quartz was found and recovered from the appellant Sudhir's wrist whereas recovery of mobile Nokia 2112 and 2310 is attributed to the disclosure statements of Sudhir Kumar and Salma (Ex. PW25/A and PW13/E) and said to have been made from their residence.

15. Harinder Singh (PW24) has stated that he was working as Director Marketing with Springwell Metress Pvt. Ltd when the deceased Vivek Kumar Aggarwal worked with them as Sales Representative. On 30th January, 2007, PW-24 had reached the park and seen the dead body. He had also seen one rexine bag with documents of the company. However, the Nokia handset given by the Company was missing at that time. He was informed that no cash was found or recovered from the deceased, though according to PW-24 on 29th January, 2007, Rs.3,000/- were given as loan to Vivek Aggarwal since he wanted to get medical examination of his pregnant wife. On 7th February, 2007, PW-24 had handed over a letter (Ex. PW24/A) to the Investigating Officer with a copy of the Reliance Mobile bill (Ex. PW24/B). He identified Nokia phone 2112 which was marked Ex. P2 as the phone given by the company to the deceased.