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PW16 Retd. SI Sahab Singh was posted in PS Ashok Vihar on 03­10­08 when complainant Mr. G.K. Puri lodged DD entry No.37B Ex.PW16/A about missing his son Anil Puri. He further deposed that Mr. G.K. Puri again came to PS on 06­06­08 and he (PW16) recorded statement Ex. PW12/A, made rukka Ex.PW16/B and produced the same before DO for registration of FIR consequent to which case FIR Ex. PW13/A was registered. He came to know that last call on the mobile phones of deceased was made by accused St. vs. Pramod 408/08 10 of 37 Pramod, so he collected the CAF and CDRs of the mobile phone of deceased and accused Pramod and from CAF he came to know that accused Pramod was resident of village Datoli, District Sonepat, Haryana. Notice u/s 160 Cr. PC was sent to accused Pramod on 10­10­2008 and he joined the investigation on 12­10­2008. He was interrogated by inspt. Lakra and was arrested vide arrest and personal search memos Ex. PW16/C and Ex. PW16/D respectively and his disclosure statement Ex.PW18/E was recorded. He further deposed that accused led the police party on 12­10­08 to a drain in village Mukhmaipur and pointed out the dead body lying in the drain. The dead body was seized vide memo Ex. PW16/F. A bag was found hanging on the waist of the dead body. Crime Team was informed which reached the spot at 5.00 PM and it took photographs of the crime scene. The bag hanging on the waist of the body was checked and was found containing one ore blue bag in which CDs of the computer, three diaries and instrument for repairing of computer were lying. These articles were taken into possession. A mobile phone Nokia 6600 was also recovered from the personal search of the deceased and was seized. Seizure memo of these articles is Ex. PW16/G. IO collected blood stains from the patri and road St. vs. Pramod 408/08 11 of 37 and two cloth pullandas were prepared to whom Mark A and Mark B were given and were taken into possession vide memo Ex. PW16/H. He moved application Ex. PW16/I to the CMO of BJRM hospital for conducting autopsy and also recorded identification statements Ex. PW12/B and PW9/A of the father and brother of the deceased. He further deposed that postmortem doctor handed over a sealed bottle containing two teeth of the deceased to Ct. Jagdish and these were seized vide memo Ex. PW16/J. Clothes in a sealed parcel were also handed over to the police by the postmortem doctor and same were seized vide memo Ex. PW16/K. He further deposed that inspt. Anand Lakra inspected the bike of the deceased in PS on 15­11­08 and found blood stains on it. That portion was cut from the bike and taken into possession vide memo Ex. PW16/L. He further deposed that Raj Kumar, brother of Pooja came to PS on 11­12­08 and produced a mobile phone of Pooja without sim and same was taken into possession by Anand Lakra vide memo Ex.PW16/M. He identified the articles recovered from the bag hanging over the waist of dead body as Ex.P6, mobile phone Nokia 6600 of deceased as Ex. P7. He identified the blood stained road piece and patri piece as Ex. P8 and Ex.P9 respectively.

St. vs. Pramod 408/08 12 of 37 Teeth are Ex.P10 and blood stain portion of bike is Ex.P11.

9. PW17 SI Joginder, PW18 HC Vikram, PW10 K. V. Jha and PW21 inspt. Suraj Bhan are related to the arrest and other proceedings in respect of accused Shailender. PW17 deposed that he was posted in Proclaimed Offender Cell on 31­07­09 and so he received information that accused Shailender @ Monu was in Jail in FIR No.176/07 u/s 395/397/34 IPC PS Sadar Sonepat, Haryana. He moved an application for production of the accused and such warrants were issued on 06­08­09. The accused was produced from Sonepat Jail and arrested u/s 41.1(C) Cr. PC vide arrest memo Ex.PW17/A. Personal search was conducted vide memo Ex. PW17/B and information of arrest was sent to PS Ashok Vihar, Crime Branch. Evidence of PW18, PW20 and PW21 is to the same effect. PW21 deposed that he received information from PS Ashok Vihar about arrest of accused Shailender. So he alongwith SI K. V. Jha and HC Vikram reached court room no.102, Rohini Courts on 13­08­2009 and moved an application for interrogation of the accused and after due permission he was interrogated and disclosure statement Ex.PW20/B was recorded. He was arrested vide St. vs. Pramod 408/08 13 of 37 memo Ex. PW20/A. He was taken on one day police custody. He pointed out a drain near Village Mukhmailpur as the place where Anil Puri was murdered by him and co­accused and pointing out memo Ex. PW12/C was prepared. Despite sincere efforts, knives could not be recovered. At the time of pointing out of the place, Mr. G. K. Puri, father of deceased was also present.

St. vs. Pramod 408/08 14 of 37 PW19/J, phone No.9996793484 was in the name of accused Pramod s/o Dayanand, r/o307, Village Datoli, Tehsil Gannaur, District Sonepat, Haryana . Its CDRs from 01­08­2008 to 06­10­2008 are Ex. PW19/I. In support of CAF accused Pramod had annexed his voter I­card Ex. PW19/K1 and Ex. PW19/K2. As per PW19, phone No.9996493726 was alotted to one Bharat Bhushan son Raj Tilak Saini r/o H.No.48 VPO Choura District Karnal, Haryana. CAF is Ex.PW19/M. In support of the CAF, the subscriber had annexed copy of his DL Ex. PW19/N1 and Ex.PW19/N2. CDRs from 01­09­ 08 to 14­09­08 are Ex. PW19/L and it runs into four pages. He further deposed that as per CAF Ex. PW19/A and Ex. PW19/B, mobile phone No.9729313944 was in the name of accused Pramod on the strength of voter I­card Ex. PW19/Q1 and Ex. PW19/Q2. He further deposed that during the period from 01­09­08 to 10­10­08, no system was installed by the company for capturing roaming in the area of Punjab & Haryana and for that reason CDRs of the said phone for desired period had not been received from Punjab & Haryana Circles.

St. vs. Pramod 408/08 19 of 37 III. Last circumstance is that he got recovered the bike of the deceased vide memo Ex.PW15/G dated 14­10­08. The bike No. DL4SAW8943 Ex. P5 was recovered from the parking, Lucknow Road, Metro Station, Delhi. The recovery was effected in pursuance to disclosure statement Ex.PW15/C dated14­10­08. In disclosure statement Satbir had stated that after murder he had taken the bike of the deceased and had parked it in the parking. It is quite strange that place of parking has not been mentioned in the disclosure statement. As per PW15 HC Satender, when they were on their way to PS Ashok Vihar from village Datoli on 14­ 10­08 and when they reached at Lucknow Road in front of Delhi University, accused Satbir pointed out the place and got recovered the motorcycle. The shortest way from Sonepat to PS Ashok Vihar is via Azadpur Vegetable Market. In order to go to PS Ashok Vihar from Sonepat, one is not, at all, required to go to the university area. It is beyond comprehension why and what police was doing at Lucknow Road despite the fact that no place was disclosed by accused Satbir in disclosure statement as to where he had parked the bike. Case of the prosecution is that the said bike was recovered from the parking slot of Metro Station Vishwa Vidhalaya. As per PW15, the St. vs. Pramod 408/08 20 of 37 bike was found lying near the boundary wall of metro parking in open space. He is not aware if IO had inquired from Satbir about the keys of the motorcycle. He is not aware how that bike was brought to PS. He is not aware if IO prepared site plan of the place of recovery or not. He is not aware if IO called any metro guard to join the proceedings of recovery. He is not even aware if he signed the seizure memo of said bike. The situation has further been complicated by PW25 Inspt. Anand Lakra in cross­ examination by deposing that fact of recovery of motorcycle at the instance of Satbir has not been mentioned in the charge­sheet. As per this witness, the bike was found parked outside the parking of metro station Vishwa Vidhalaya whereas as per PW15 it was found parked inside the parking slot. PW25 further deposed in cross­examination that he did not ask about the keys of the bike from accused Satbir and reason stated by him is quite strange. That strange reason is that keys were in the bike itself. The murder was committed on 02­10­08 and bike was recovered on 14­10­08. These 12 days were sufficient enough for any thief to steal the bike because keys were already in the ignition slot. PW25 admitted that he did not record any statement or prepare any document with regard to interrogation St. vs. Pramod 408/08 21 of 37 of Satbir about parking slip. PW25 is not aware in whose territorial jurisdiction the parking slot falls. He admitted that he did not join any parking attendant in the recovery proceedings. Even the officials from metro station were not joined. He did not inform the local police. He did not prepare any site plan of the recovery place. Existence of these facts are quite enough to disbelieve the recovery of bike of the deceased at the instance of accused Satbir.