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Investigation further revealed that immediately prior to the incident, in his Cell Phone, accused had recorded conversation which he had had with his wife.

Accordingly, after obtaining his consent (Ex. PW-27/A), voice sample of the accused was taken vide memo (Ex.

PW-27/B). ASI Sapinder Singh (PW-39) and HC Kuldeep Singh (PW-34) prepared two transcripts (Ex. PW-39/B and 39/C) of the voice recorded conversations. Mobile Phone and the recorded voice sample, was also sent through constable Manish Mehta (PW-17), for analysis to the Central Forensic Science Laboratory, Chandigarh, vide Road Certificate dated 18.3.2010, which stood deposited ...7...

PW-1/C), there is no mention of seizure of memory card of the mobile, which was sealed only on 9.3.2010, hence possibility of tampering of evidence by police officials cannot be ruled out. In the seizure memo (Ex. PW-1/C) as also malkhana register (Ex. PW-19/B-1), there is no mention of Memory Card, which was recovered only on 7.3.2010, as is evident from Ex.PW-19/A. Hence, in the absence of seizure of memory card, exhibiting motive, transcript is inadmissible in evidence. Sample voice recording of the accused is inadmissible, in view of provisions of Sections 24, 25 of the Indian Evidence Act;

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67. That accused had quarreled with the deceased and recorded conversion in his mobile phone .

came to light during the course of investigation, as is so deposed by Balbir Singh (PW-40). We find his version worthy of credence. Accordingly, after obtaining consent (Ex. PW-27/A), he got recorded, in a tape-recorder, voice sample of the accused, in the presence of independent witnesses, Gopal Sharma (PW-27), ASI Sapinder Singh (PW-39) and r Kuldeep Singh (PW-34), who also corroborate such fact, through their testimonies, which are wholly convincing and reliable.

68. From the unrebutted testimony of MHC Shiv Kumar (PW-19), it has come on record that articles seized vide memo (Ex. PW-1/C), which remained untampered in the Malkhana, were handed over to the SHO on 7.3.2010, who again on 9.3.2010 handed over three different sealed parcels, containing mobile phone, SIM and tape-

recorder, in relation to which entry was made in the Malkhana Register (extracts Ex.PW-19/B-1 to 19/B-4).

Such recorded conversation and the voice sample (Memo Ex.PW-27/B) were thereafter sent for comparison to the ...62...