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In his cross-examination, he has stated that after reaching home, he narrated the incident to his daughter Nagma Parveen, wife of Nafees Ahmad, by that time a curfew has been imposed, due to which, they could not go to report the matter. On the 10th a dead body was brought at Bagahi graveyard for burial. He and his daughter Nagma Parveen went to identify the same where they identified dead-body as body of Nafees Ahmad. On 13.02.1994, his daughter Nagma Parveen got the FIR registered. At the time of the incident, a shoe which was wore by Nafees fell at the spot, which was later recovered by the Police. Nafees and he had been working in Kallu's Bulb Factory for the last one and half year. The factory is in Pashiyana Mohalla and Kahtikiyana is also at that very place. By guess, the factory shall be one furlong away from his home. His son-in-law had been staying with them for three years prior to the incident. In front of his house, there is a house of Constable Jahir adjacent to his house, there is a house of a retired Constable Abdul Raseed, adjacent to his house, there are two houses of Sakhauddin, his 15-16 tenants resided there. The factory where he worked was owned by a Muslim named Kallu. In front of the factory, there was a grocery shop of a Muslim. He did not know his name. In his factory, Muslims workers were in majority. Muslim population also existed around his house. On the day of the incident he had gone to the factory at 8:00 a.m. 14-15 persons worked in the factory. Persons from the Hindu and Muslim communities were there. All the persons left the factory at around 12:00 O'clock. Nafees Ahmad had told about the murder of Kala Baccha. He was sitting somewhere outside in a Hotel and upon his return, he heard the gun shot sound around 11.30 a.m. He heard the sound of bomb blast not of the gun shot. After reaching home, he told his daughter about murder of Kala Baccha at 11:30 a.m. He did not tell the Sub-Inspector about going to duty at 8:00 O'clock. The curfew was imposed at around 12:30 O'clock. After 15 minutes he reached home. The Police started announcing about imposing curfew. When he was returning from the factory, he found many persons on the way, but did not know name of any person. He told to his daughter and other persons about Kala Baccha to have been murdered at 12.30 p.m. Kala Baccha would have been murdered 20-25 steps away from the factory. When he left the factory, there was no crowd. All the persons were going to see Kala Baccha. He did not go to see Kala Baccha. Manoj Kanja had no enmity with him or his son-in-law Nafees. He knew Manoj Kanja 2-3 years prior to the incident. The Official from CID came 20-25 days after the incident to interrogate him. He did not tell them that he had seen Manoj carrying a pipiya in his hand. This is first time, he was giving this statement before the Court. He told the Officials of CID that the incident had occurred near the house of Sushil Kahtik. They were six persons, who set Nafees on fire. After beating him with the sticks or not? he do not remember that whether or not he told the Officials of CID that Nafees was made to fell down to the ground by threshing him with the sticks. From the time of the incident, until today, he had not submitted any application with any Police officer about this incident. He was screaming while witnessing the incident from a distance of 20-25 steps. When he was screaming Ahmad Ali and Mehboob were there. Ahmad Ali was shouting, people had closed their doors. He did not think it necessary to tell the aforesaid facts to the official of CID. He did not go ahead to save him, when tried the rioters made him to run away threatened to kill him if he offered resistance. He kept screaming as long as the incident was committed. After the incident and prior to 4-5:00 p.m. on the next day, he did not come outdoors because the curfew was imposed there. At 4-5:00 p.m. he came outdoor and went to the graveyard to identify the dead-body. The Police did not come to take him with them. The Police did not come to inform him about recovery of the dead-body. They were informed on this count by the resident of their Mohalla. Until 13.02.1994, prior to registration of the FIR, Police did not come to his house to inform about death of Nafees, nor did they come to him for identification of the dead-body. The receipt of graveyard and burial of the dead body of Nafees was provided, which was kept at home. The Police buried the dead body at around 5:00 O'clock. On the 10th he came outdoor during curfew. On the way, the Police met him. He did not have any pass. The person accompanying him Fahimuddin had the curfew pass and the same was shown. Since Fahimuddin knew his son-in-law, hence he told him that his son-in-law has been murdered. He told this fact to the Officials of CID that shoe of Nafees fell down at the spot but told no reason for not recording this fact in his statement. He denied that first time he is telling this fact before the Court on the day of statement. He did not go with the Police team to show them the spot nor did he go with the Officials of CID to show the same to them. Ahmad Ali alias Naggan is real brother of his son-in-law. On the day of the incident, he ran and tried to save his brother and he was remonstrating. He could not save his brother because those persons had been holding-out threats. No stone was available at the spot. Hence he could not use and throw the same. No Hindu Muslim riots took place when Kala Baccha was murdered. These very persons killed two men, another killed person was Abrahim. He did not see him killing and had just heard about it. After killing Nafees they did not take body with them rather they left at the same place. He ran away out of fear. Ahamd Ali, brother of Nafees did not come to his house on 9th. He met him after 13th when he returned from the funeral process. He went to meet him. Ahmad Ali did not submit any application with the Police. He went to meet Ahmad Ali at railway colony below the over bridge. Thereafter he said that he lived in Juhi. After the funeral process of Nafees, he went to meet his brother Ahmad Ali at Juhi. He was living there with family. He did not know what work Ahmad Ali alias Naggan was doing at the time of the incident but he knew that he lived in Juhi. Ahmad Ali lived in Juhi but he had mentioned his address to be of the colony. He denied the suggestion put to him that he named as a witness on account of his being brother. He did not go to the Police Station with Ahmad Ali on the curfew being relaxed. He did not know the time when he went to the Police Station on 13.02.1994. It was not that Hindus assaulted Muslims and Muslims assaulted Hindus. He did not remember colours of trousers and shirts wore by Nafees as incident was old. The Police has neither shown Nafees's cloth nor any paper for identification shown to him by the Police. The Police also did not show him burnt clothes etc. The Police persons had not told the dead-body to be unclaimed. He did not know whether the Police had published about the recovery of an unclaimed dead-body or not? He was not informed by the Police about Nafees's post mortem. He denied the suggestion put to him that he is being tutored by Muslim Leaders, he moved an application against Hindus through his daughter, he had not seen any incident and had not been accompanied with Nafees, after murder of Kala Baccha, the riots have irrupted in the area. He has been giving false testimony and being Muslim, he has falsely implicated the Hindu boys.

On 13.02.1994, Smt. Nagma Parveen along with his father came to the Police Station and submitted a written report (Exhibit Ka-1) which was made part of the record. He recorded her statement and copied post mortem report in the C.D. He also recorded the statement of the witness Zakir Ali.

On 15.02.1994, he has recorded the statement of the witnesses Ahmad Ali, Mehboob and on 21st February, 1994 recorded the statement of accused Pappu alias Banta and Girish Chandra Bajpai.

Thereafter investigation of the case was transferred to C.B.C.I.D. In his cross-examination, he has stated that on 09th February, 1994, he was posted at the Police Station Babu Purwa. He came to know about murder of Kala Baccha on 10.02.1994 at 8.20 a.m. He was not aware that on 09.02.1994, there was Hindu Muslim riots and at what time, on 09th February, 1994 curfew was imposed. He has not referred in any parcha of C.D. about imposing and lifting of curfew due to unawareness of that. He could not tell that on 10.02.1994 curfew was imposed in the Police Station Babu Purwa or not? S.I. Mam Chand has told about unknown dead body in Mohalla Katikiyana. He has neither told any particular place where dead body was lying nor mentioned in that FIR. Exact place of dead body was told by S.I. Ram Chandra Verma, who was present on the spot. He has prepared site plan on identification of S.I. Mam Chand Verma. He has not shown the way from which accused persons came and went as he has found no information regarding that. He has not taken statement of Sushil Khatik or his any family member. Dead body was lying near the house of Sushil Khatik. He has written in inquest report that dead body was of a Muslim but has not disclosed that how he recognized that. In the inquest memo, no witness belongs to Mohalla Khatikiyana or Pasiyana, where dead body was lying, who met him, he has appointed him as punch. Since no person from the Mohalla Khatikiyana or Pasiyana met him due to this, he has not appointed them punch. Constable Lallu Ram and Constable Lavkush had taken the dead body for post mortem at 11.05 a.m. He could not tell that after post mortem examination at what time dead body came to the Police Station. Since he felt no need to know about that and to know that dead body went where. On 11 and 12th February, 1994 he has neither investigated this case nor made any efforts to know whereabouts of the dead body. Since he was busy in investigation of other cases and he could not tell number of those cases. He could not tell that after post mortem examination, on which date, the dead body was buried or burnt. Since he felt no need to know about that. He has prepared parcha no. 1 to 5 but he has not mentioned in it regarding time to start and close investigation as he felt no need to do it. He has not made any announcement in the Mohalla regarding unclaimed dead body. He could not tell that unclaimed dead body was taken to which graveyard or funeral ground. He has not shown clothes, shoes and other things belongs to the deceased or their photos to Smt. Nagma Parveen for their identification. There was Nylon shocks, paint and piece of burnt shirt etc. on the dead body but he has not shown them to Smt. Nagma Parveen and his father.

20. Evidence of Nagma Parveen P.W.1, wife of the deceased reveals that at the time of the incident, she was cooking food in her home and knew about the incident from her father P.W.3, as such she is not an eye witness of the incident; explaining the delay to inform the Police regarding the incident, she has stated in her evidence that due to curfew, she could not approach Police Station to lodge the FIR immediately and rushed to the Police Station for above purpose on 13.02.1984 after relaxation of the curfew; she was having curfew pass at that time when she went to graveyard for identification of dead body of her husband and Police Personnel were present there; she was not aware to the co-accused persons before the incident and wrote their names in their written reports (Exhibit Ka-1) on the basis of the information provided by her father P.W.3.

32.2 Since according to P.W.1 at the time of going graveyard she was having curfew pass and according to P.W.3 at that time his companion Fahimuddin was having curfew pass. At the graveyard Police Personnel were present and near to his house, there were home of Constable Zaheer and retired Constable Abdul Rasheed were living still they have neither informed the Police Personnel nor lodged the FIR promptly about involvement of appellant and other co-accused in the murder of the deceased Nafees up to 13th February, 1994 on the behest that curfew was imposed in the area and they have submitted written report on relaxation of curfew is no proper explanation for delay caused in not lodging report promptly. As such delay in submission of written report (Exhibit Ka-1) to the Police is not properly explained.