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Yogesh Singh vs Mahabeer Singh & Ors on 20 October, 2016

10. Contention on behalf of appellant Deshraj @ Desu that the police straight away obtained NBW against Deshraj was countered by learned APP stating that the IO visited the house of Deshraj at 2037, Peeli Kothhi, Sita Ram Bazaar where he met the brother of Deshraj who informed the IO that Deshraj does not visit their house as he has a criminal background and that these days he was in company of one Hitender @ Chhotu and they were Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Crl.A.Nos.553/2020 & connected matters Page 11 of 29 Signing Date:03.03.2023 15:32:02 N.C.2023/DHC/001566 together residing somewhere in Rohini. As per the case diary, the police visited the house of Deshraj five times as noted in DD No.24 dated 21st October, 2007, DD No. 35 dated 26th November, 2007, DD No.52 dated 18th December, 2007, DD No.59 dated 03rd January, 2008 and DD No.60 dated 05th January, 2008. Apart from this, Deshraj was seen along with accused Praveen Koli going towards the place of occurrence by father of deceased (PW-19) on 29th September, 2007 just before the incident. It was further contended that the contention on behalf of the appellant that the CDRs of the eye witnesses were not preserved, is baseless as the same could also have been sought by the appellants by moving an application before the trial court seeking preservation of the CDRs. As regards motive, reliance was placed on the decision titled as (2017) 11 SCC 195 Yogesh Singh v. Mahabeer Singh & Ors. It was contended that in case of direct trustworthy evidence as to the commission of offence, motive is insignificant.
Supreme Court of India Cites 78 - Cited by 321 - P C Ghosh - Full Document
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