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4. The case of the prosecution in a nutshell is that on 21.6.2011 ASI Bir Singh was posted as Incharge Police Post Sector 15, Sonepat. He was present on the barricade in front of the police post when he received information that there has been some firing near H.U.D.A. office. He along with other officials reached the spot and found the dead body of deceased Sunil s/o Diwan Singh on the driver seat of Car No.HR-10P-8182 Cruize. Brother of deceased Anil Kumar got his statement (Ex.PA) recorded to the effect that he was resident of 251-A, Model Town, Sonepat and operating a water plant in his house. They were three brothers, the eldest was Sunil, who was running the business of cable and was residing with his family in H.No.2580, Sector-15, HBC, Sonepat on rent. On 12.12.2007 Kuldeep s/o Mehar Singh r/o Bhatgaon had picked up quarrel in their house at Model Town, Sonepat, in which brother-in-law of Kuldeep had died. Regarding that incident court cases are pending in Sonepat Court and were fixed for 25.7.2011. On 21.6.2011 at about 11.15 AM Sunil after completing his 3 of 28 personal work was going to his house in Sector-15, Sonepat in his car No.HR-10P-8182 Cruize. Complainant had been informed that when the deceased reached near HUDA Office, Sector-15, Sonepat then two motorcyclists stopped the vehicle and fired shots from driver and conductor side on his head and shoulder and fled away. On receiving this information, complainant Anil Kumar reached the spot and saw that dead body of his brother Sunil was lying on the driver seat and bent towards the conductor seat. Signs of the fire shots were present on the head and shoulder of the deceased. He suspected that Kuldeep had hatched a conspiracy due to grudge and had got him murdered. ASI Beer Singh sent ruqa Ex.PW14/A on the basis of which formal FIR Ex.PW1/A was lodged on 21.6.2011 at 2.35 PM. Team of FSL and photographer was called to the spot. On inspection of dead body a bullet found in the clothes of the deceased and a piece of the blood stained seat of the car were taken into possession vide recovery memo Ex.PB. Inquest proceedings Ex.PD were conducted. The car and the documents lying in it were taken into possession vide memo Ex.PC. The body was sent for postmortem examination. The accused were arrested. They made disclosure statements. After completion of investigation challan was present in the court.

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19. PW7 EASI Sat Narayan EHC in P.S. Civil Lines, Sonepat deposed regarding delivery of three special reports to the concerned authorities on 21.06.2011 without any delay.

20 . PW8 Ct. Satpal Police Station Civil Lines, Sonepat tendered his affidavit Ex.PW8/A regarding taking the case property i.e., one sealed parcel containing pellet of cartridge sealed with the seal of B.S. along with sample seal, one sealed parcel containing clothes blood stained shirt of deceased Sunil, one plastic vial sealed piece blood stained sealed with the seal of B.S. along with sample seal, one sealed parcel containing clothes blood stained pants, shirt and vest sealed with the seal of VR along with sample seal of doctor to FSL Madhuban on 28.06.2011.

22. PW10 Satya Parkash deposed that on 21.06.2011 he had identified the dead body of Sunil son of Diwan Singh in the hospital.

23. PW11 DSP Yashpal stated that on 09.11.2011 he was posted as incharge at SIT Staff, Sonepat. On that day he conducted the investigation of this case and recorded the statement of draftsman Inderpal. On 13.11.2011 he recorded the statement of EASI Hari Kishan Mohrar Police Line, Sonepat. Thereafter the investigation was entrusted to some other 12 of 28 official.

45. PW30 DSP Pardeep Kumar stated that on 31.01.2013 he was posted as SHO, at P.S. Civil Line, Sonepat. On that day after completion of investigation he prepared challan against accused Devender @ Lilu and Pawan which bears his signatures.

46. The case of the prosectuion primarily rests on the deposition of PW2 Anil Kumar and PW3 Parveen Kumar. PW2 deposed that the deceased Sunil was the eldest of three brothers. He was in the business of cable network and property dealing. He was residing in a rented house No 2580 Sector-15, Housing Board Colony, Sonepat along with his children. On 12.12.2007 accused Kuldeep who is residing in Sector-23 Sonepat had come to their house in Model Town Sonepat. A quarrel took place there between them in which the brother-in-law of Kuldeep sustained injuries and died. Becasue of that incident Kuldeep nurtured a grudge against the brothers ( deceased and PW2 and PW3). There was litigation between them regarding that incident. On 21.6.2011 at 11.15 AM the deceased left his house in car No. No.HR-10P-8182. When he reached near the Gurudwara, two motorcyclists stopped the car and fired at him. One shot hit the back side of his head and the other hit the left side of his shoulder. Sunil died due 19 of 28 to the injuries. Immediately on receiving the information PW2 reached the spot and got his statement Ex.PA recorded. PW2 further stated that his brother Sunil was running a cable business in partnership with one other person. There was a dispute regarding transaction of money with his partner. Accused Naveen and Parveen had came to the house of his brother Sunil and threatened him to leave the cable work otherwise he would face the consequences. Accused Naveen, Parveen, Davender alias Lilu and Bijender were seen roaming near the house of his brother. At that time the complainant and his brothers did not take the matter seriously. He suspected that accused Kuldeep, Parveen, Naveen, Bijender and Davender had hatched a conspiracy and had murdered his brother Sunil.