Vijay Pal Singh vs State
2017 Latest Caselaw 1021 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI
                         Judgment reserved on : 16th January, 2017
                         Date of decision : 22nd February, 2017

+       CRL.A. 734/2000
        VIJAY PAL SINGH                                   ..... Appellant
                        Through:         Mr.K.B.Andley, Sr.Adv. with
                                         Mr.M.Shamikh, Adv.
                              versus
        STATE                                            ..... Respondent
                              Through:   Ms.Aashaa Tiwari, Addl.PP for
                                         State.

+       CRL.A. 735/2000
        VIJAY PAL SINGH                                  ..... Appellant
                                         Through: Mr.K.B.Andley, Sr.Adv.
                                         with Mr.M.Shamikh, Adv.
                              versus
        STATE                                            ..... Respondent
                              Through:   Ms.Aashaa Tiwari, Addl. PP for
                                         State.

CORAM:
HON'BLE MS. JUSTICE GITA MITTAL
HON'BLE MS. JUSTICE ANU MALHOTRA

                                       JUDGMENT

ANU MALHOTRA, J.

1. This judgment shall dispose of Criminal Appeal No. 735/2000 filed

by the appellant Vijay Pal Singh S/o Sodan Singh whereby he has assailed

the impugned judgment dated 15.11.2000 of the learned Additional Sessions

Judge (ASJ), Karkardooma in Sessions Case No. 161/96 in relation to FIR

No. 564/89, PS Trilok Puri and the impugned order on sentence dated

17.11.2000 in the said case, whereby the appellant was convicted for the

commission of an offence punishable under Section 302 of the Indian Penal

Code, 1860 (hereinafter referred to as the "IPC") and was sentenced to

undergo imprisonment for life and to a pay a fine of Rs.5000/- and in default

of payment of fine to undergo simple imprisonment for two years.

2. This judgment shall also dispose of the Criminal Appeal No.

734/2000 filed by the very same appellant assailing the impugned judgment

dated 15.11.2000 of the learned Additional Sessions Judge, Karkardoona in

Sessions Case No. 97/96 in FIR No. 574/89, PS Trilok Puri whereby the

accused was held guilty and convicted for commission of the offences

punishable under Section 364/302 of IPC. Vide the impugned order on

sentence dated 17.11.2000, the learned ASJ imposed an imprisonment for

life for the offence punishable under Section 302 IPC and a fine of

Rs.5000/- and in default of payment of fine to undergo simple imprisonment

for one and a half years in relation to commission of the offence punishable

under Section 364 IPC. Vide the impugned order on sentence dated

17.11.2000 which is a common order on sentence in relation to Sessions

Case No. 161/96 and 97/96 in relation to FIR Nos. 574/89 and 564/89, PS

Trilok Puri the sentences were all directed to run concurrently with the

benefit of Section 428 Cr.P.C. having been given to the accused/the

appellant herein, according to the rules.

3. The Criminal Appeal No. 735/2000 in relation to FIR No. 564/89, PS

Trilok Puri and Criminal Appeal No. 734/200 in relation to FIR No. 574/89,

PS Trilok Puri were both admitted vide orders dated 29.11.2000 and in each

of the said appeals, notice thereof was issued to the State.

4. The trial Court records in both the cases were requisitioned and have

been received and perused. The appellant is on bail in both the appeals and

has put in appearance on 25.11.2016 in this Court.

5. Arguments were addressed on behalf of the appellant in relation to

both Criminal Appeal Nos. 735/2000 and 734/2000 by Mr. M.Shamikh,

learned counsel for the appellant. Arguments were addressed on behalf of

State in both the said appeals by the learned Addl. Public Prosecutor for the

State Ms.Aashaa Tiwari.

CHARGE FRAMED

6. The charge of allegations in both the cases was framed on 20.05.1992

and both the alleged commission of offences in FIR No. 564/89, PS Trilok

Puri in relation to which Crl.A.No. 735/2000 was instituted and FIR

No.574/89, PS Trilok Puri in relation to which Crl.A.No.734/2000 was

instituted, are alleged to have been committed on the date 17.11.1989. The

charge of allegations in FIR No. 574/89, PS Trilok Puri was to the effect

that on 17.11.89 at about 10:00 PM, the accused/the appellant herein had

abducted Smt. Kameshwari Devi from plot No. 213 B, Pocket-1, Mayur

Vihar and thereafter between 10:00 AM to 1:00 PM on the said date at

Okhla Bridge near the Police Control Room, Noida, he had committed the

murder of Smt. Kameshwari Devi and thereby committed offences

punishable under section 364 and 302 IPC.

7. The charge of allegations framed against the appellant herein in

relation to FIR No. 564/89, PS Trilok Puri qua Crl.A,No. 735/2000 was to

the effect that on 17.11.1989 between 11:00 AM to 1:00 PM the accused/the

appellant herein, had committed the murder of Ravi at Flat No. 213 B,

Pocket-1, Mayur Vihar within the jurisdiction of PS Trilok Puri and had

thereby committed an offence punishable under Section 302 of IPC.

8. The accused/the appellant herein, pleaded not guilty to the charge of

allegations framed against him in both the cases.

9. In support of the prosecution version set forth in FIR No. 574/89, PS

Trilok Puri, the State put forth in the witness box 23 witnesses and in

relation to FIR No. 564/89, PS Trilok Puri, 19 witnesses were examined by

the State.

PROSECUTION VERSION (FIR NO. 574/89, PS TRILOK PURI)

10. The charge-sheet in FIR No. 574/89, PS Trilok Puri puts forth the

prosecution version to the effect that on 17.11.1989 at about 9:55 PM

Sh.Laxmi Chand Sharma S/o Tansukh Sharma r/o 213 B. Pocket-1,

Mayur Vihar, Delhi (i.e. resident of the place where the deceased in FIR

No. 564/89, PS, Trilok Puri, Ravi was alleged to have been murdered)

made a complaint at 9:55 PM at Police Post Mayur Vihar to the effect that at

about 10:00 AM on that day i.e. 17.11.89 his wife Smt.Kameshwari Devi

aged 65 years had gone with Vijay Pal r/o 404, F Pocket-4, Mayur Vihar,

(arrayed as the accused/the appellant herein, in both the Criminal Appeals i.e

734/2000 and 735/2000) to Karol Bagh, to Ved Prakash Jewellers and that

she had not come back till the time of the lodging of the report at 9:55 PM.

The complainant i.e. Sh.Laxmi Chand Sharma further gave the description

of his wife being aged about 65 years with a strong built, white hair, who

could see less with her eyes and had worn white chappals and a terycot saree

but that he could not recall the colour of the saree. As per the charge-sheet

in FIR No. 574/89 at PS Trilok Puri, DD No. 26A was thus lodged and the

enquiry was entrusted to HC Subey Singh who gave information to the PCR

and also sent a wireless message and thereafter the investigation was taken

up by the SHO, PS Trilok Puri himself.

11. The charge-sheet further indicates that in relation to DD No. 26A on

21.11.1989, information was received of FIR No. 403 dated 18.11.1989

u/s302/201 IPC, 1860 having been registered at PS Sector No. 21, Noida

Janpad, Ghaziabad, UP and the documents in relation thereto were received.

Sh. Jaipal, Beldar of the Horticulture Department is indicated to have seen

the dead body of an old lady lying near the pusta at the Okhla Bandh on

17.11.1989. As per the charge-sheet in FIR No. 574/1989, PS Trilok Puri,

the clothes of the deceased Smt. Kameshwari Devi i.e wife of the

complainant Sh.Laxmi Chand Sharma were found on 17.11.1989 on the

Noida-Okhla bypass towards the side of the Yamuna river. On 18.11.1989

SI Ram Kumar of PS Noida Sector-21, had got the post-mortem done on the

corpse of the deceased. The post-mortem report No. 103/89 indicated that

her death was due to asphyxia due to strangulation due to ante-mortem

injury No.1 i.e. a ligature mark around the neck 33 cm X 1 cm in size,

contused below right ear, and 6 cm below left ear, and 6½ cm below and

behind the chin.

12. The charge-sheet in FIR No. 564/89 received on committal in the

Sessions Court on 28.05.2000 indicates that on 17.11.1989 itself, Sh.Laxmi

Chand Sharma who is the complainant of FIR No. 574/89, PS Trilok Puri

telephonically informed the Police Post Mayur Vihar that his servant Ravi

had committed suicide in the bathroom and that some officer be sent,

whereupon DD No. 17 was registered at the police post Mayur Vihar which

was entrusted to SI Soji Ram who alongwith HC Sube Singh and Ct. Om Pal

reached the spot at Flat No. 213 B, Pocket -1, Mayur Vihar where they

found the corpse of Ravi S/o Karpu Swami R/o 213 B, Pocket-1, Mayur

Vihar placed in the drawing room and also saw a green coloured electric

wire round the neck of Ravi, the deceased. The knot of the wire was behind

the neck and one portion of the wire was small and another was big and the

deceased was bleeding from the mouth. The policemen who reached the

said spot found the blood in the bathroom. The complainant Sh.Laxmi

Chand Sharma (who is also the complainant of FIR No. 574/89, PS Trilok

Puri also and is the husband of the deceased Kameshwari Devi), informed

that he had left the house and had gone to the market at 10:45 AM/11:00

AM leaving behind his servant, the deceased Ravi and had asked Ravi not

to go outside the house and when the complainant came back and was

looking for Ravi (his servant since deceased) he found him lying with his

head down in the bath room. As per the complaint of the complainant, there

was a wire round his neck and he was bleeding from the mouth and thus the

complainant had called the lady Dr. Ms. Sunita Kochar who was residing

opposite his house and he took out the corpse of the deceased from the

bathroom to check the same and the doctor informed that the deceased Ravi

had already expired. The complainant Laxmi Chand Sharma, as per the

information given, also informed at that time that there was nothing missing

from the house and that the manner in which the wire had been wrapped

around the neck of the Ravi, it indicated that someone had strangulated Ravi

with the wire.

13. On the basis of DD No. 17 of PS Mayur Vihar, as it appeared that an

offence under Section 302 IPC was indicated to have been committed, thus

FIR No. 564/89 PS Trilok Puri was registered and the investigation was

taken up by the SHO, PS Trilok Puri i.e. Inspector Chetan Dass who got the

site inspected by the Crime team and got the spot photographed and sent the

corpse of the deceased Ravi for getting the post-mortem done and recorded

the statement of Laxmi Chand Sharma, the complainant.

14. The complainant informed that on that day at about 10:00 AM his

wife Smt.Kameshwari Devi (the deceased in FIR No. 574/89, PS Trilok

Puri) had been taken by the accused/appellant herein, Vijay Pal s/o Sodan

Singh r/o 404, F Pocket-4, Mayur Vihar in his Maruti Van DNC 2216 to

Karol Bagh for depositing the interest on his money with Ved Prakash and

after they had left, he, the complainant Laxmi Chand Sharma had

instructed his servant Ravi (the deceased in FIR No. 564/89, PS Trilok Puri)

not to go out of the house and the complainant had himself gone to the

market at about 10:45/11:00 AM and on returning he could not find Ravi

and thus looked for him and found him lying on his face in the bathroom and

that he then called the lady doctor Sunita Kochar who brought out Ravi

(since deceased) from the bathroom to the drawing room and on examining

Ravi declared him to be dead.

15. The complainant further stated that his wife did not return till the

evening and thus inquiries were made from the accused/appellant herein,

Vijay Pal Singh who informed that from near her house itself he had made

Smt. Kameshwari Devi board into a three-wheeler scooter.

16. As per the charge-sheet in FIR No. 564/89, PS Trilok Puri, the

investigation conducted, indicated that a lady named Smt. Laxmi Devi, a

visitor to the house of the complainant Laxmi Chand Sharma informed the

complainant that on that day i.e. 17.11.89 she had seen Vijay Pal Singh, the

accused/appellant herein, coming out of the house of Laxmi Chand

Sharma at about 12:30 PM and that she had also seen that he had a coca

cola coloured towel in his hand with which he was wiping his hands and was

coming out of the house and that she informed that Vijay Pal had informed

Laxmi Devi that the complainant Sh. Laxmi Chand Sharma was not at the

house and that he himself was going in search of Mr.Sharma.

PROSECUTION VERSION (FIR NO. 564/89, PS TRILOK PURI)

17. As per the charge-sheet in FIR No. 564/89 PS Trilok Puri, the

complainant expressed his suspicion against the said Vijay Pal

(i.e.accused/appellant herein in relation to Criminal Appeal Nos. 734/2000

& 735/2000 in relation to FIR No. 574/89 & 564/89, PS Trilok Puri,

respectively) and the complainant alleged that the accused/appellant herein,

had committed the murder of Ravi, his servant. The charge-sheet further

indicates that an attempt to trace out the accused/the appellant herein was

made, but he was found to be absconding from his house and after the

statement of the complainant had been recorded, the post-mortem of the

corpse of the deceased Ravi (in relation to FIR No.564/1989) was got

conducted and the corpse of Ravi was handed over to his heirs.

18. The charge-sheet in relation to FIR No.564/1989, PS Trilok Puri

indicates that the accused/the appellant herein, was arrested on 20.11.1989

alongwith his Maruti Van No. DNC 2216 and he made an alleged disclosure

statement Ex.PW-4/A to the effect that he had to take a sum of Rs.16,000/-

from Smt. Kameshwari Devi (deceased in FIR No. 574/89 PS Trilok Puri)

and from her husband (the complainant of both FIR Nos. 564/89 & 574/89

PS Trilok Puri) and that pursuant to a plan on 17.11.1989, he made an

excuse that he had to go to Karol Bagh and he had made Smt. Kameshwari

Devi sit in his Maruti Van and he took her to Pahar Ganj DAV School and

had strangulated Smt. Kameshwari Devi with a green coloured wire and

had then thrown her body behind the Noida Control Room, Yamuna Pushta,

towards the Yamuna river whereafter he had come back to the house of

Laxmi Chand Sharma and had strangulated Ravi, the servant with the

green wire and had cleared his hands in the bathroom and had taken the

cocacola coloured towel from the bathroom and wiped his hands with the

same and had come out of the house of Laxmi Chand Sharma to go to his

house, when he had been seen by Smt. Laxmi Devi (undoubtedly his

disclosure statement is inadmissible in evidence in terms of Section 27 of the

Indian Evidence Act, 1872 but has been reproduced to put forth the alleged

prosecution version).

19. As per the prosecution version, set forth in the charge-sheet in relation

to FIR No. 564/89, PS Trilok Puri, the accused/the appellant herein, got

recovered the coca cola coloured towel from his Maruti Van No. DNC 2216

and also pieces of glass bangles of Smt. Kameshwari Devi. The said

charge-sheet in relation to the FIR No. 564/89 PS Trilok Puri further states

to the effect that the accused/the appellant herein, had also got recovered the

remaining green coloured wire which was hanging on the nail at the balcony

of his house with which he had strangulated Smt. Kameshwari Devi, the

wife of the complainant and had strangulated Ravi, the servant of the

complainant. The said charge-sheet in FIR No. 564/89 PS Trilok Puri

further alleges that the accused/the appellant herein, had also got recovered a

knife from his house with which he had cut the said wire and that the

accused/the appellant herein, pointed out to the place behind the DAV

School, Pahar Ganj, i.e. the place where he allegedly murdered Smt.

Kameshwari Devi at Pahar Ganj and had then thrown her corpse near the

Noida Control Room. As per the charge-sheet there was a blue mark on the

little finger of the right hand of the accused/the appellant herein which was a

result of the injury sustained due to the wire used by the accused/the

appellant herein, for strangulating the deceased persons.

20. During investigation in FIR No. 564/89, PS Trilok Puri, the post-

mortem on the body of the deceased Ravi was got conducted and the

exhibits were also sent to the CFSL. The spot was inspected and

photographed and the statements of the witnesses were recorded.

21. The charge-sheet in FIR No. 574/89, PS Trilok Puri indicates that the

complainant Laxmi Chand Sharma had also expressed suspicion against

the accused/the appellant herein, when his wife was missing and of her

abduction by the accused/the appellant herein in order to murder her. The

charge-sheet in FIR No.574/89 further indicates that on 17.11.1989 Sh.

Jaipal, Beldar of the Horticulture Department during his duty hours had seen

a dead body of an old lady whereupon he had informed the Police Station

Section-20 at Noida UP on which a report was lodged and the investigation

was entrusted to SI Ram Kumar who on reaching the spot had prepared the

Panchnama and had got the post-mortem of the body conducted and on

19.11.1989, the description of the body of the deceased was published in the

Navbharat Times on reading which the complainant Laxmi Chand Sharma

and his son-in-law reached the PS Sector-20, Noida and identified the

photograph, clothes and other articles of the deceased as being those of Smt.

Kameshwari Devi whereupon the documents in relation to FIR No. 403/89

dated 18.11.1989 of PS Sector-20, Noida were sent to PS Trilok Puri, Delhi

and thereafter the accused/the appellant herein Vijay Pal Singh was arrested

on 21.11.1989 in relation to the alleged murder of the deceased

Kameshwari Devi and that the accused/the appellant herein also made a

disclosure statement to the effect that he had strangulated Smt.

Kameshwari Devi to death with a wire and got recovered the remaining

portion of the wire and the knife with which he had cut the wire from the

balcony of his house. The charge-sheet in FIR No.564/89 PS Trilok Puri

further indicates that the Maruti Van of the accused/the appellant herein,

DNC 2216 was also seized in which the red coloured pieces of the glass

bangles of the deceased Smt. Kameshwari Devi were also recovered and

exhibits were sent to the CFSL. As per the charge-sheet there was blood

found on the rear seat of the Maruti Van DNC 2216 and exhibits had been

sent to the CFSL.

22. As per the charge-sheet in FIR No.574/1989, PS Trilok Puri, Sh. Ved

Prakash, Jeweller, informed the police to the effect that the deceased Smt.

Kameshwari Devi and the accused/the appellant herein, Vijay Pal Singh

had not come to his shop on 17.11.1989. It is also stated in the charge-sheet

in FIR No. 574/1989 that the accused/the appellant herein, wanted to take

his money of a committee from the deceased Smt. Kameshwari Devi.

FORENSIC EVIDENCE

23. As per the charge-sheet the documents in relation to FIR No. 403/89

under Section 302/201 IPC, PS Sector-20, Noida were collected during the

investigation of FIR No. 564/89, PS Trilok Puri and the exhibits were sent to

the CFSL. The CFSL results are indicated to have been filed subsequently

after the submission of the charge sheets in relation to both FIR Nos.564/89

and 574/89, PS Trilok Puri. The CFSL result dated 30.07.1990 vide report

No. CFSL-90/-B/42 in relation to FIR No. 564/89, PS Trilok Puri which FIR

is in relation to the murder of the deceased Ravi indicates that seven parcels

were sent to the CFSL, CBI, Lodhi Road vide letter dated 19.12.89 No.

6228-SHO-Trilok Puri which parcels were all sealed. The said report is in

relation to the serological examination conducted on exhibits sent to the

CFSL which reports (Ex.PW-15/A and Ex.PW-15/C) indicated that blood

of „O‟ group of human origin was found on the blood stained cotton, blood

stained gauze and the T-shirt i.e. in relation to the deceased Ravi. The

CFSL report No. 90/B-42 dated 30.05.1990 Ex.PW-15/C indicates that an

electric wire marked Ex. 3 sealed with the seal of Dr.B.Singh MS MLE

Delhi i.e. allegedly recovered from the neck of the deceased Ravi and the

pieces of electric wire along with a nail in parcel No. 7 along with a sealed

cloth parcel containing a knife mark Ex.6 with both parcels Nos. 6 and 7

being sealed with the seal of CD with specimen seal impression and seals of

parcels indicated and tallied were received in the office of the CFSL on

03.04.1990.

24. As per the CFSL report Ex.PW-15/C, the result of examination

dated 30.05.1990, stated that the scientific examination of the electric wire

pieces marked Ex.3 and 7 revealed that they were similar to each other in

respect of their physical characteristics such as colour and diameter of

insulation, nature of the electric wire, its strand, its diameter and number of

strands. The CFSL report in relation to the knife Ex. 6 was to the effect

that the said knife was strong and sharp enough to cut the electric wire mark

Ex.3 and 7.

25. The CFSL report No. 90/B-97 also dated 30.05.1990 of the CFSL,

CBI, Lodhi Road, New Delhi in relation to the examination conducted in

FIR No. 574/1989 (which FIR was lodged in relation to the alleged

abduction and murder of Smt. Kameshwari Devi, wife of Sh. Laxmi

Chand Sharma) indicated that three sealed parcels sealed with the seal of

CD and three sealed parcels sealed with the seal of GDT SSOII (Bio) CFSL

were received from the Biology Division apart from three sealed parcels also

received from the Biology Division on 20.02.1990 in relation to case FIR

No. 564/89. The pieces of bangles Ex.1, pieces of broken bangles Ex. P4d

allegedly belonging to the deceased Smt. Kameshwari Devi were opined by

the CFSL examination Ex.PW-22/C to be resembling each other in respect

of colour, design, thickness, diameter and other general characteristics. The

knife Ex. P5 received vide memo no. 6228-SHO-Trilok Puri dated 19.12.89

(i.e. the same knife recovered in relation to FIR No. 564/89, PS Trilok Puri)

was found to be strong and sharp enough to cut the electric wire Mark 3h

received vide memo No. 6229-SHO-Trilok Puri i.e. in relation to FIR No.

574/89 (the said FIR was in relation to the alleged abduction and murder of

the deceased Smt. Kameshwari Devi).

26. The said CFSL report Ex.PW-20/C further opined to the effect that

the scientific examination of the electric wire Mark Ex.3 and 7 sent vide

memo 6228-SHO-Trilok Puri dated 19.12.1989 which had been sent in

relation to FIR No. 564/89, PS Trilok Puri, did not resemble with the

electric wire itself mark Ex.3h (seized in FIR No. 574/89, PS Trilok Puri

registered in relation to the alleged abduction and murder of the deceased

Kameshwari Devi with the electric wire piece Mark Ex.3h received vide

memo 6229-SHO- PS Trilok Puri dated 19.12.1989) in respect of their

colour of insulation, thickness of insulation, thickness of inner metallic

wire). Ex.PW-22/A the serological result in FIR No. 574/89, PS Trilok Puri

indicated that blood was found on three small rexin pieces of the van of the

accused/the appellant herein which vide report Ex.PW-22/C was indicated

to be of human group „O‟ and the handkerchief, bag and piece of paper and

a printed saree and blouse of the deceased Smt. Kameshwari Devi were

also found having human blood group of the group „O‟.

CONTENTIONS OF THE ACCUSED/THE APPELLANT

HEREIN, IN CRIMINAL APPEAL NO.734/2000

27. Through the Criminal Appeal No. 734/2000 which is in relation to the

abduction and murder of Smt. Kameshwari Devi, it has been submitted on

behalf of the appellant that the case being based wholly on circumstantial

evidence, the circumstances on record were not sufficient to prove the

allegations against the accused/the appellant herein beyond a reasonable

doubt and the established facts were not consistent with the hypothesis of

guilt of the accused/the appellant herein alone and were not totally

inconsistent with his innocence. It was submitted further on behalf of the

appellant that the circumstances cumulatively did not form a chain so

complete that there was no escape from the conclusion that within all human

probability the crime was committed by the accused and none else.

28. Furthermore, it was submitted on behalf of the appellant that there

was no motive proved by the prosecution as to why the appellant took the

deceased along with him in a Maruti Van to murder her and it was submitted

further that even if the prosecution version that the husband of the deceased

owed Rs.16,000/- to the accused/the appellant herein was true, there was no

occasion for the accused/the appellant herein to murder the deceased

Kameshwari Devi.

29. It was further submitted on behalf of the appellant that despite DD

No. 26 having been registered on 17.11.89 at the Police Post, Mayur Vihar,

the police did nothing till 20.1.89 and did not even record a case of

abduction and it was only after two days of the so called arrest of the

accused/the appellant herein, on 20.11.1989 that the police came into action

after recording the illegally communicated and fabricated disclosure

statement which was not admissible and not tenable in law. It was further

submitted on behalf of the accused/the appellant herein, that he is alleged to

have received an injury while grasping the electric wire in order to

strangulate the deceased which incident was alleged to have taken place on

17.11.89 and the accused/the appellant herein, is indicated to have been

arrested on 20.11.1989 and medically examined thereafter for the injuries on

his hand, for which the doctor had opined that the injury was 6-7 hours old

and thus the prosecution had failed to conduct the circumstance of injury on

the hand of the accused/the appellant herein, with the alleged commission of

the offence.

30. It was further submitted on behalf of the accused/the appellant herein,

that the alleged disclosure statement of the accused/the appellant herein,

which was fabricated and illegal was inconsequential, in as much as it put

forth allegedly only facts which had already been discovered and it was

recorded on the day after the arrest of the accused/the appellant herein, and

was not admissible in law, in as much as discovery of facts i.e. recovery of

the dead body, the place of incident and recovery of the electric wires were

already known.

31. It was further submitted on behalf of the appellant that the recovery of

the coca cola coloured towel and pieces of glass bangles from the van of the

accused after so many days were apparently planted and it was not plausible

to accept that any person accused of committing a murder would carry all

these articles along with him and rather it would be his endeavour to dispose

of the connecting material of the crime.

32. It was also submitted on behalf of the accused that the contention of

the prosecution was that after washing his hands in the bathroom, the

accused/the appellant herein, had taken away the same bathroom towel for

drying his hands and thus how could the blood have come on this towel.

33. It was further submitted on behalf of the accused/the appellant herein,

that the piece of electric wire which was allegedly used by the appellant for

strangulating the deceased, did not match with the wire recovered from the

house of the accused/the appellant herein, and that at the time of cross-

examination of PW-15 Shailender Arora in the connected case in relation

to FIR No. 574/89, PS Trilok Puri recorded on 03.11.1998, it has been

observed by the learned trial Court to the effect that:

"The counsel has requested to make an observation that two pieces of wire allegedly recovered in FIR No. 564 are of different colour from the one wire recovered in FIR No. 574. I have seen all the three pieces of wire. All the three wires are of green colour but the gauge and

colour of green wiere involved in FIR No. 574 is different from that involved in FIR No. 564."

34. It was submitted by learned counsel for the accused/the appellant

herein, that the contention of the prosecution was that in both the

crimes i.e .in relation to FIR No. 574/89 and 564/89, PS Trilok Puri, the

same wire had been used. It was thus submitted on behalf of the

accused/the appellant herein, that the observations of the learned trial

Court while recording the testimony of PW-15 on the dated 03.11.1998

in relation to FIR No. 574/89, PS Trilok Puri completely dislodges the

prosecution version and the prosecution has been unable to establish

any connection between the alleged weapon of offence i.e. the green wire

allegedly recovered from the house of the accused/the appellant herein,

by which the alleged murder of Kameshwari Devi the deceased in FIR

No. 574/89, PS Trilok Puri had been committed in as much as the piece

of wire with which the servant Ravi was strangulated qua which FIR

No. 564/89, PS Trilok Puri had been registered had a different gauge

and a different colour as observed by the learned trial Court. It was

thus submitted on behalf of the appellant that the accused/the appellant

herein, was entitled to be acquitted in relation to the allegations levelled

against him of the abduction and murder of Smt.Kameshwari Devi qua

FIR No. 574/89, PS Trilok Puri in relation to which Criminal Appeal

No. 734/2000, was instituted.

CONTENTIONS OF THE ACCUSED/THE APPELLANT

HEREIN, IN CRIMINAL APPEAL NO.735/2000

35. Through Criminal Appeal No. 735/2000 in relation to FIR No.

564/89, PS Trilok Puri under Section 302 of IPC, which is in relation to the

murder of Ravi, (the servant of the complainant i.e. husband of Smt.

Kameshwari Devi, the deceased in FIR No. 574/89, PS Trilok Puri), it has

been submitted on behalf of the appellant that there were material

contradictions in the statements of the prosecution witnesses and that the

impugned judgment is based on conjectures and surmises and that that the

witnesses were pressurized and tutored and that the case was based wholly

on circumstantial evidence and the circumstances on record were

insufficient to bring forth the guilt of the accused/the appellant herein,

beyond a reasonable doubt. It was further submitted on behalf of the

accused/the appellant herein, that the circumstances taken cumulatively did

not form a chain so complete that there was no escape from the conclusion

that within all human probability, the crime was committed by the accused

and none else.

36. It was also submitted on behalf of the accused/the appellant herein,

that there was no motive that had been proved by the prosecution as to why

the appellant would have entered the house of the complainant and killed the

servant especially as the house was not ransacked and there was nothing

disturbed and there was nothing on record to indicate any motive of any

robbery or dacoity and the prosecution had failed to establish any motive as

to why the appellant had murdered the deceased Ravi. It was further

submitted on behalf of the accused/the appellant herein, that the prosecution

had failed to bring on record the last seen evidence and that the witness Smt.

Laxmi Devi who was stated to be residing opposite to the house of the

complainant i.e. opposite to the house where the murder of Ravi had taken

place, did not support the prosecution version and stated that she did not

know the accused and also stated that she had seen the accused for the first

time in Court.

37. The duration of the injuries on the finger of the accused as per

medical examination was 6-7 hours before his examination on 20.11.1989.

It was thus submitted on behalf of the accused/the appellant herein, that the

incident was alleged to have been committed on 17.11.1989 and that there

was no co-relation with the injury in view of the opinion of the doctor with

the alleged commission of the crime. It was also submitted on behalf of the

accused/the appellant herein, that reliance on the disclosure statement made

by the accused/the appellant herein, by the learned trial Court was erroneous

and there was no discovery of new facts nor discovery pursuant to the

disclosure, since the dead body and the electric wire stood recovered from

the place of incident, which was already known to the investigating agency.

38. It was further submitted on behalf of the accused/the appellant herein,

that PW-4 Girish Kumar Sharma in his examination has stated that he had

put his signatures only on one paper at his residence and thus the documents,

disclosure statement, pointing out memo and recovery memo by the police

were fabricated. In this appeal, reliance was also placed on behalf of the

accused/the appellant herein, on the other submissions made in

Crl.A.No.735/2000.

CONTENTIONS OF THE STATE IN RELATION TO BOTH APPEALS

39. On behalf of State it was contended by the learned Addl. Public

Prosecutor Ms.Aashaa Tiwari, that the testimonies of the prosecution

witnesses examined in the instant cases established the guilt of the

accused/the appellant herein, Vijay Pal S/o Soudan Singh beyond a

reasonable doubt and to the hilt in relation to the commission of the murder

of Ravi (the deceased) in relation to FIR No. 564/89, PS Trilok Puri

(Crl.A.No.735/2000) and in relation to the commission of the offences

punishable under Section 364/302 IPC i.e. qua the abduction and murder of

Smt. Kameshwari Devi wife of the complainant Laxmi Chand Sharma in

relation to FIR No. 574/89, PS Trilok Puri (Crl.A.No.734/2000).

40. It was submitted on behalf of the State that the testimonies of the

prosecution witnesses were wholly consistent with each other in relation to

material particulars and the contradictions, if any, as sought to be contended

on behalf of the accused/the appellant herein, were insignificant.

41. Much reliance was placed on behalf of the State on the CFSL report

Ex.PW-15/C dated 30.05.1990 which had stated that the scientific

examination of the electric wire pieces marked Ex.3 and 7 revealed that

they were similar to each other in respect of the physical characteristics such

as colour and diameter of insulation , nature of the electric wire, its strand,

its diameter and number of strands, to contend that Ex.3 were the pieces of

electric wire recovered from the body of the deceased Ravi and Ex.P7 was

the piece of electric wire which had been recovered along with the nail from

the house of the accused/the appellant herein, and that the same established

the strangulation of Ravi (the deceased) in FIR No. 564/89, PS Trilok Puri

in Crl.A.No.735/2000. It was further submitted on behalf of the State that

the knife Ex.P1 recovered with the wire alongwth the nail exhibited as

Ex.P2 during the testimony dated 22.09.1999 of ACP Chetan Dass, the IO

to FIR No. 564/89, PS Trilok Puri (Crl.A.No.735/2000) referred to as Ex.6

in CFSL report Ex. PW-15/C, had been opined by the CFSL expert being a

knife strong and sharp enough to cut the electric wire Mark Ex.3 and 7 of

the said CFSL report i.e. the electric wire recovered from the neck of the

deceased Ravi and electric wire along with the piece of nail recovered from

the house of the accused/the appellant herein, allegedly at his pointing out, -

also brought forth the complicity of the accused/the appellant herein,

wholly.

42. It was also submitted on behalf of the State that the deceased in FIR

No. 564/89, Ps Trilok Puri in Crl.A.No.735/2000 and the deceased

Smt.Kameshwari Devi in FIR No.574/89, PS Trilok Puri

(Crl.A.No.734/2000) were both found murdered by strangulation with the

help of a green coloured electric wire and that the remaining portion of that

wire was recovered from the house of the accused/the appellant herein,

along with a nail in the balcony of his house and that the CFSL report

Ex.PW-15/C in relation to FIR No.564/89 dated 30.05.1990 and the CFSL

result Ex.PW-22/C in relation to FIR No. 574/89, PS Trilok Puri

(Crl.A.No.734/2000) indicated that the knife Ex.P1 marked as Ex.6 in both

CFSL results and sent to the CFSL vide memo 6228-SHO-Trilok Puri dated

19.12.89 was strong and sharp enough to cut the electric wire marked as

Ex.3H in relation to FIR No. 574/89, PS Trilok Puri (Crl.A.No734/2000)

and in relation to FIR No. 564/89, PS Trilok Puri (Crl.A.No.735/2000). As

per Ex.PW-15/C in FIR No.564/89, the knife Ex.C6 as opined by the CFSL

expert Dr.S.R.Singh Sr. Scientific Officer-I, CFSL, CBI, New Delhi was

strong and sharp enough to cut the said electric wires (the pieces of which

green wires were respectively recovered from the neck of the deceased Smt.

Kameshwari Devi and Ravi) with which the deceased Smt. Kameshwari

Devi and Ravi were strangulated.

43. It was also contended on behalf of the State that the weapon of

offence in relation to the murder of Smt. Kameshwari Devi (FIR

No.574/89, PS Trilok Puri) and the weapon of offence i.e. green electric

wire in relation to FIR No. 564/89, PS Trilok Puri qua the murder of Ravi

was the same and that a consistent chain of events, circumstances, and

evidence on the records of the learned trial Court in Sessions Case No.

161/96 and qua FIR No. 574/89, PS Trilok Puri in Session Case No. 97/96,

all established that after the abduction and murder of Smt. Kameshwari

Devi, wife of Sh.Laxmi Chand Sharma by the accused/the appellant

herein, he left the dead body of the deceased Kameshwari Devi at the

Noida Bandh, and thereafter came to the house of deceased Kameshwari

Devi and on not finding Sh.Laxmi Chand Sharma, had committed the

murder of Sh.Ravi, the servant of the complainant.

44. A further contention was raised on behalf of the State, that the CFSL

report Ex.PW-22/A and the serological analysis report Ex.PW-22/C

prepared by Dr.V.K.Goyal, Sr. Scientific Officer Gr.-II, CFSL, New Delhi

in relation to FIR No. 574/89, PS Trilok Puri brought forth that blood of the

„O‟ group was found on the three small pieces of rexin mark Ex.2 from the

rear seat of the Maruti Van No.DNC 2216, during investigation conducted

by SI Soji Ram and that the said CFSL report Ex.PW-22/A and the

serological report Ex.PW-22/C brought forth that there was blood of the

group „O‟ on Ex.3a, purse, Ex.3b handkerchief, Ex.3c handkerchief, a piece

of paper Ex.3e, saree Ex.4a and a blouse Ex.4c, all belonging to the

deceased Smt. Kameshwari Devi and it was thus submitted on behalf of the

State, that the same also was a corroborative piece of link evidence, which

brought forth the complicity and guilt of the accused/the appellant herein, of

the commission of the murder of Smt. Kameshwari Devi.

45. Another contention raised on behalf of the State was to the effect that

there were pieces of red coloured broken bangles Ex.4d recovered from the

Maruti Van No. DNC 2216 which Maruti Van was that of the accused/the

appellant herein, and had been seized on 21.11.1989 vide seizure memo

Ex.PW-16/A during the course of investigation (of FIR No. 564/89, PS

Trilok Puri being in relation to the murder of Ravi, servant of the

complainant Sh.Laxmi Chand Sharma and Smt. Kameshwari Devi,

deceased in relation to FIR No.574/89, PS Trilok Puri) and that the said

broken pieces of red bangles were of the bangles of the deceased which were

identified by Sh. Girish Kumar PW-16 (i.e. son of the deceased Smt.

Kameshwari Devi as seized on 21.11.1989 from the Maruti Van of the

accused/the appellant herein), and it was submitted on behalf of the State

that this was another piece of corroborative link evidence bringing forth the

complicity of the accused/the appellant herein, in relation to the murder of

Smt. Kameshwari Devi.

46. A further contention raised on behalf of the State was to the effect that

the seizure memo Ex.PW-16/A in relation to the Maruti Van No. DNC 2216

belonging to the accused/the appellant herein, during the course of

investigation in the FIR No. 564/89, PS Trilok Puri, seized on 21.11.1989 on

seizure of the Maruti Van No. DNC 2216, indicated that the accused/the

appellant herein, had got recovered a small coca cola coloured towel from

beneath the driver‟s seat of the said Maruti Van standing at the police station

Trilok Puri and that it bore blood group „O‟ and that the blood stained T-

shirt of the deceased Ravi also bore blood group „O‟ and it was thus

contended on behalf of the State, that the evidence led by the prosecution

was sufficient to bring forth the guilt of the accused/the appellant herein qua

the commission of murder of Ravi, the servant of the complainant

Sh.Laxmi Chand Sharma.

ANALYSIS

PREMISE OF LAST SEEN

47. It is essential to observe that Smt. Laxmi Devi, a material prosecution

witness was put forth by the prosecution to contend that the accused/the

appellant herein, had last been seen coming out from the premises of

Sh.Laxmi Chand Sharma, (i.e. the complainant and husband of the

deceased Smt. Kameshwari Devi and employer of the deceased Ravi), -

with a blood stained coca cola coloured towel, - whilst wiping his hands

with the coca cola coloured towel, which version is wholly belied and set at

naught through the testimony of PW-3 Laxmi Devi herself in her

examination on oath during the trial in relation to FIR No. 564/89, PS Trilok

Puri in relation to the murder of Ravi. Smt. Laxmi Devi PW-3 testified

that she had gone to the house of Sh.Laxmi Chand Sharma and his wife

Smt. Kameshwari Devi (the deceased in relation to FIR No. 574/89, PS

Trilok Puri) and that Smt.Kameshwari Devi used to run a committee

business and that she had gone to the house of Sh.Laxmi Chand Sharma at

about 1:45 PM, had rung the door bell but no one had responded and she

kept standing outside the house and in the meantime Sh.Laxmi Chand

Sharma had come and she had told him that no one was responding to the

door bell and then Sh.Laxmi Chand Sharma told her that he had left his

servant at his house while he was washing clothes and then Laxmi Chand

Sharma went inside the house and then came out and informed Smt. Laxmi

Devi that the servant was lying on the floor of the bathroom whereafter

Sh.Laxmi Chand Sharma had called the doctor and during this period

Smt. Laxmi Devi was within the house of Sh.Laxmi Chand Sharma when

the doctor asked Sh.Laxmi Chand Sharma to bring the servant from the

bathroom to the drawing room. On examination of Ravi, the doctor declared

him dead.

48. Specific queries put forth on behalf of the State to this witness on

her cross-examination on behalf of the State were refuted by the witness

who categorically stated that she had not stated to the police that she

knew the accused and further stated she had not told the police that she

had seen the accused/the appellant herein, coming out from the main

entrance, wiping his hands with a coca cola coloured towel. She also

categorically denied that she had stated to the police that the

accused/the appellant herein, had come out of that house of Sh.Laxmi

Chand Sharma and with his wife Smt.Kameshwari Devi and had sat in

Maruti Van No.DNC 2216. This witness has further stated in her

testimony dated 05.07.1997 that she had seen the accused for the first time

in the Court.

49. The very same witness examined as PW-10 during the trial in relation

to FIR No. 574/89, PS Trilok Puri which relates to the murder of

Smt.Kameshwari Devi stated that she knew Sh.Laxmi Chand Sharma

and his wife and she used to attend kirtan with her and Laxmi Devi PW-10

had a chit committee and that she Laxmi Devi used to visit the house of

Smt.Kameshwari Devi in connection with the chit committee for making

payment of the committee account and that she had come to make the

payment of the committee amount and had gone to the house of

Smt.Kameshwari Devi at about 12:45 PM and when she rang the bell no

one answered and in the meantime Sh.Laxmi Chand Sharma came from

outside and she told him that no one was answering and thereafter he had

gone inside and had come back and informed that Ravi, his servant was

lying in the bathroom and then Dr.Sunita Kochar was called, who after

examining Ravi declared him dead.

50. This witness categorically denied on being cross-examined on

behalf of the State that she had stated to the police that she had heard

some noise coming from the drawing room or that she had stated that

there was someone in the room.

ALLEGATION OF USE OF SAME WEAPON OF OFFENCE IN FIR

NO. 574/89, PS TRILOK PURI AND NO. 564/89, PS TRILOK PURI

51. Another very crucial aspect of the prosecution version and also put

forth in both the impugned judgments dated 15.11.2000 of the learned ASJ,

Karkardooma in FIR No. 574/89, PS Trilok Puri (Crl.A.No. 734/2000) and

in relation to FIR No. 564/89, PS Trilok Puri (Crl.A.No.735/2000) is to the

effect, as observed in paragraph 35(4) in relation to FIR No. 574/89, PS

Trilok Puri in Sessions Case No. 97/96 with the same observations as made

in paragraph 35(6) of the impugned judgment dated 15.11.2000 in relation to

FIR No. 564/89, PS Trilok Puri in Sessions Case No.161/96 which read to

the effect:

"35(4) Deceased Ravi was found murdered in the same manner and with the same weapon of offence i.e electric wire of green colour as Smt.Kameshwari Devi was murdered."

(emphasis supplied) 35(6) Deceased Ravi was found murdered in the same manner and with the same weapon of offence i.e electric wire of green colour as Smt.Kameshwari Devi was murdered."

(emphasis supplied),

observing that both the deceased Ravi i.e. the deceased in relation to

FIR No. 564/89, PS Trilok Puri (Crl.A.No.735/200) and the deceased

Smt.Kameshwari Devi, the abducted deceased in relation to FIR No.

574/89, PS Trilok Puri (Crl.A.No.734/2000), were both found murdered in

the same manner and with the same weapon of offence i.e. the electric wire

of green colour. This observation and finding is however wholly set at

naught by the CFSL report Ex.PW-22/C in relation to FIR No. 574/89, PS

Trilok Puri which categorically observes to the effect that:

"Regarding query at Sl.No.3:- The scientific examination of electric wire pieces marked exhibit 3 & 7 (received vide memo No.6228- SHO-Trilok Puri dated 19.12.89) do not resemble with electric wire piece marked exhibit 3h (received vide memo No. 6229-SHO-Trilok Puri dt.19.12.89) in respect of their colour of insulation, thickness of insulation, thickness of inner metallic wire."

(emphasis supplied)

52. We find further thus that the CFSL expert has categorically opined

that the scientific examination of electric wire pieces Ex. 3 and 7 received

vide memo 6228-SHO-Trilok Puri dated 19.12.89 i.e. Ex.3, the piece of wire

with which Smt.Kameshwari Devi was strangulated and the piece of

electric wire along with the nail allegedly recovered from the balcony of the

house of the accused/the appellant herein, did not resemble the electric

wire piece marked 3h received vide memo 6229-SHO-Trilok Puri (which

CFSL report was in relation to FIR No. 564/89, PS Trilok Puri and wherein

Ex.3h, the piece of electric wire qua the strangulation of deceased Ravi was

found) in respect of their colour of insulation, thickness of insulation,

thickness of inner metallic wire.

53. It is also essential to observe further that the Court Observation

dated 03.11.98 at the time of recording of the testimony of PW-15

Sh.Shailendar Arora recorded in FIR No. 574/89, PS Trilok Puri has

categorically observed to the effect that the learned trial Court had seen

all the three pieces of wire i.e. one allegedly used by the accused/the

appellant herein, seized from the corpse of deceased Smt.Kameshwari

Devi and Sh. Ravi and the trial court had observed that the two pieces

recovered in FIR No. 564/89, PS Trilok Puri were different from the

piece of wire recovered in FIR No. 574/89, PS Trilok Puri, in as much as

though all the three pieces of the wire were of green colour, the gauge

and colour of the green wire involved in FIR No. 574/89, PS Trilok Puri

was different from that in FIR No. 564/89, PS Trilok Puri.

ARREST OF THE ACCUSED/THE APPELLANT HEREIN AND

ALLEGED RECOVERIES

54. ACP Chetan Dass, who is the Investigating Officer of both the FIR

No. 564/89, PS Trilok Puri and FIR No. 574/89 PS Trilok Puri through his

testimony as PW-19 in FIR No. 564/89 PS Trilok Puri categorically states

that the accused/the appellant herein was apprehended at the Bus Stand,

Mayur Vihar, Phase-I when he was coming in his Maruti Van No. DNC

2216 of white colour on 20.11.1989 in the evening, and was arrested in the

night and thereafter his personal search was conducted vide memo

Ex.PW4/B dated 20.11.1989.

55. To similar effect is the testimony of ACP Chetan Dass as PW-23 in

relation to FIR No. 574/89, PS Trilok Puri where he categorically stated that

the accused Vijay Pal (the appellant herein) was arrested by him in FIR No.

564/89, PS Trilok Puri u/s 302 IPC on 20.11.1989. ACP Chetan Dass as

PW-23 in FIR No. 574/89, PS Trilok Puri has also stated that at the time of

arrest of the accused/the appellant herein in FIR No. 564/89, PS Trilok

Puri that the Maruti Van No. DNC 2216 of white colour was also brought

to the police station and was parked there and was taken into possession

vide memo Ex.PW16/A. However Ex.PW16/A copy of which is placed on

the judicial record of FIR No. 574/89, PS Trilok Puri and which is a copy of

seizure memo in FIR No. 564/89, PS Trilok Puri in relation to the seizure of

the Maruti Van No. DNC 2216 alongwith its key is dated 21.11.1989. Thus

though as testified by ACP Chetan Dass as PW-19 that the accused /the

appellant herein was apprehended on 20.11.1989 in the evening hours

alongwith the Maruti Van No. DNC 2216. The arrest of the accused /the

appellant herein is indicated to have been conducted on 21.11.1989 at night

hours and thus in these circumstances the recovery on 21.11.1989 of the

broken pieces of bangles of the deceased Smt.Kameshwari Devi and the

coca cola coloured towel which was hanging in the bathroom of the room of

the complainant at the behest of the accused/the appellant herein becomes

wholly circumspect as the Maruti Van No. DNC 2216 and the accused/the

appellant herein were in police custody from the evening of 20.11.1989 till

the aforementioned alleged recoveries of the broken pieces of bangles of the

deceased Smt.Kameshwari Devi, coca cola coloured towel and the blood

stained rexin pieces.

56. Another aspect that has essentially to be taken into consideration is

that in the seizure memo Ex.PW-16/A in relation to FIR No. 564/89, PS

Trilok Puri which relates to the seizure of the Maruti Van No. DNC 2216

belonging to the accused Vijay Pal S/o Sodan Singh, there is mention only

of the seizure of the said vehicle. Ex.PW-16/D, the pointing out memo and

seizure dated 21.11.89 placed on the record of FIR No. 564/89, PS Trilok

Puri indicates that from the Maruti Van No. DNC 2216 which was standing

at the Police Station Trilok Puri, the accused/the appellant herein, had

pointed out to a coca cola coloured small towel beneath the left side of the

driver seat. The said towel has been identified by Sh.Girish Kumar

Sharma, the son of Sh.Laxmi Chand Sharma, the complainant examined

as PW-16 in FIR No. 574/89, PS Trilok Puri and examined as PW-4 in

relation to FIR No. 564/89, PS Trilok Puri, as being that towel which used to

be hung in the bathroom of their house for wiping hands and was kept there

and which was missing from 17.11.89 had been recovered and further that

on a very minute search having been conducted of the Maruti Van No. DNC

2216, from the rear seat, and between the back seat, four pieces of red

coloured glass bangles were recovered and there were pieces of red coloured

bangles also recovered at the gate of the boot space of the Van which had

been seized. The signatories to Ex.PW-16/A, the seizure memo of Maruti

Van No. DNC 2216 and the signatory to Ex.PW-16/D, both dated 21.11.89

are the witnesses Sh. Girish Kumar Sharma and Sh.Shailender Arora , (a

friend of the Girish Kumar Sharma) examined as PW-15 in relation to

FIR No. 574/89, PS Trilok Puri and as PW-9 in relation to FIR No. 564/89,

PS Trilok Puri with both the cases having been investigated by the SHO, PS

Trilok Puri Inspector Chetan Dass.

57. Significantly, Sh.Shailender Arora admits categorically that the

Maruti Van was not taken into possession from the accused/the

appellant herein, in his presence. Though Sh.Girish Kumar Sharma, son

of the deceased Smt.Kameshwari Devi examined as PW-16 in FIR No.

574/89, PS Trilok Puri as PW-4 in FIR No. 564/89, PS Trilok Puri testified

through his statements that the Maruti Van No. DNC 2216 of the

accused/the appellant herein, which was parked at the police station, was

taken into possession by the police in his presence, he however stated that

he did not recollect whether the van was locked or not when it was

parked in the police station because he was shown the van after it was

opened. The seizure, thus of broken pieces of bangles and the coca cola

coloured towel from the Maruti Van No. DNC 2216 of the accused/the

appellant herein, in the circumstances, becomes wholly circumspect.

MISINFORMATION OF SUICIDE BY RAVI

58. Another significant aspect which cannot be overlooked is that vide

DD No. 17 dated 17.11.89 recorded at PP, Mayur Vihar at 1:15 PM, copy of

which is on the record as Ex.PW-12/A, the information that was given by

Sh.Laxmi Chand Sharma, the complainant, who is the husband of the

deceased Smt.Kameshwari Devi and the employer of the deceased Ravi

was to the effect that his servant Ravi had committed suicide in his

bathroom and that an officer be sent and the rukka Ex.PW-14/A dated

17.11.89, on the basis of which the FIR No. 564/89, PS Trilok Puri at 3:30

PM states categorically that there was a green coloured wire tied around the

neck of the deceased Ravi of which the knot was towards the back of the

neck and one end of the wire was small and one was big and that the

deceased Ravi was bleeding from his mouth and that the complainant

Sh.Laxmi Chand Sharma had informed that when he had come back to his

house on that day i.e. 17.11.89 at about 10:45/11:00 AM on not finding his

servant Ravi on searching him he had found him lying on his face in the

bathroom with the wire around his neck and that he was bleeding and that he

had then called the doctor Sunita Kochar residing opposite his house who on

examining Ravi had opined that he was dead and that there was nothing

missing from the house. It was also mentioned in the rukka that the manner

in which the wire was tied around the neck of Ravi indicates that somebody

had killed him by strangulating him with the wire. There is not a whisper of

an assertion in the testimony of Sh.Laxmi Chand Sharma examined as

PW-9 in relation to FIR No. 574/89, PS Trilok Puri nor in his testimony

when examined as PW-18 in relation to FIR No. 564/89, PS Trilok Puri to

put forth any explanation as to why in the information given by him to the

police recorded vide DD No.17 recorded at 1:15 PM at PP, Mayur Vihar he

had stated that his servant Ravi had committed suicide.

59. Significantly, Sh.Laxmi Chand Sharma in his testimony on oath

(recorded in FIR No. 574/89, PS Trilok Puri) categorically stated that

the servant (the deceased Ravi) was declared dead by the doctor and the

doctor did not say that the servant had committed suicide and he

further denied that he had lodged a report at the police station that his

servant had committed suicide and also denied that he had informed the

police that his servant had committed suicide. Thus the recording of DD

No. 17 at PP Mayur VIhar at 1:15 PM to the effect that the complainant

Sh.Laxmi Chand Sharma had informed that his servant had committed

suicide makes the testimony of Sh.Laxmi Chand Sharma circumspect and

also renders the entire investigation conducted in relation to FIR No. 564/89,

PS Trilok Puri and FIR No. 564/89, PS Trilok Puri also tainted.

ERRONEOUS CONCLUSIONS OF TRIAL COURT

60. Qua Crl.A.No.734/2000, the observations of the learned Trial Court

set forth the circumstances which were stated to have been established by

the prosecution summarized in para No. 35 in relation to FIR No. 574/89, PS

Trilok Puri in Sessions case No. 97/96 in relation to the abduction and

murder of Smt. Kameshwari Devi wife of the complainant Sh.Laxmi

Chand Sharma are as follows :

35. The circumstances which have been established by the

prosecution in this case may be summarized as under : -

(1) That accused Vijay Pal Singh came at the residence of Shri Laxmi Chand Sharma in the morning and took his wife Smt. Kameshwari Devi with him in his van no. DNC 2216 from 213-B, Pocket-I, Mayur Vihar.

(2) That deceased Ravi was found murdered by strangulation with the help of green colour electric wire. With the same colour of wire Smt. Kameshwari Devi was also found murdered by strangulation. The remaining portion of the wire was recovered from the house of Vijay Pal.

(3) That on Laboratory experiments knife recovered from the house of the accused was strong and sharp anough to cut the above referred electric wires.

(4) Deceased Ravi was found murdered in the same manner and with the same weapon of offence i.e. electric wire of green colour as Smt. Kameshwari Devi was murdered.

(5) Human blood of „O‟ group was found on pieces of rexin which was recovered from the van of the accused in consequence of his disclosure statement.

(6) The scientific examination of broken bangles pieces marked Ex.1 and 4d revealed that they resembled with each other in respect of their colour, design, thickness, diameter and other general physical characteristics. Said pieces of bangles were recovered from the van of accused on the basis of his disclosure statement.

(7) The accused Vijay Pal Singh had taken deceased from her house at 9.30 AM and she was found murdered at around 11 noon on the same day at Yamuna Bandh in Okhla area.

(8) That Shri Vijay Pal and Kameshwari Devi had visited jewllery shop of Ved Praksh on 17.10.89 and accused had pawned his jewellery having 26 grams of weight of gold against Rs.5000/-.

(9) Shri Vijay Pal had taken deceased to visit said jeweller on the date of occurrence but he and deceased did not go to jewellery shop.

(10) As per postmortem report her death was caused due to asphyxia due to strangulation with the help of electric wire of green colour.

61. Qua Crl.A.No.735/2000, the observations of the learned Trial Court

summarizing the circumstances established by the prosecution in relation to

FIR No. 564/89, PS Trilok Puri in Sessions Case No. 161/96 which relates

to the murder of Sh. Ravi, the deceased servant of the complainant

Sh.Laxmi Chand Sharma are set forth through para No. 35 of the

impugned judgment dated 15.11.2000 as follows : -

35. The circumstances which have been established by the

prosecution in this case may be summarized as under : -

(1) That accused Vijaypal Singh came at the residence of Shri Laxi Chand Sharma in the morning and took his wife Smt. Kameshwari Devi with him in his van no. DNC 2216; from 213-B, Pocket-I, Mayur Vihar.

(2) That deceased Ravi was found murdered by strangulation with the help of green colour electric wire with the same colour of wire Smt. Kameshwari Devi was also found

murdered by strangulation. The remaining portion of the wire was recovered from the house of Vijay Pal.

(3) That on scientific examination of electric wire pieces were found similar to each other in respect of their physical characteristic such as colour and diameter of insulation. Electric wire strand, its diameter and number of strand.

(4) That on laboratory experiments knife recovered from the house of accused was strong and sharp enough to cut the above referred electric wires;

(5) Blood strained towel was recovered at the pointing out of accused having human blood of „O‟ Group.

(6) Deceased was found murdered in the same manner and with the same coupon of offence i.e. electric wire of green colour as Stm. Kameshwari Devi was murdered.

(7) That injury on right hand little finger of accused was found by doctor on 21.11.89 and it was opined that these abrasions could have been caused by grasping of electric wire.

62. As regards the circumstances set forth in para No. 35(4) and para

No. 35(6) in relation to FIR No. 574/89, PS Trilok Puri and FIR No.

564/89, PS Trilok Puri respectively, it has already been observed

elsewhere hereinabove that the observations of the learned Trial Court

at the time of examination of PW-15 Shailender Arora friend of the

PW-4 Girish Kumar Sharma, (PW-4 Girish Kumar Sharma being the

son of the complainant Sh.Laxmi Chand Sharma and of the deceased

Smt. Kameshwari Devi), and the CFSL report Ex.PW22/C in relation of

the FIR No. 574/89, PS Trilok Puri clearly repelled the observations of

the learned Trial Court in relation to the weapon of the offence with

which the deceased Sh. Ravi and Smt. Kameshwari Devi were

murdered as being the same, in as much as the scientific examination of

the pieces of the wires allegedly recovered from the necks of the

deceased Sh. Ravi and Smt. Kameshwari Devi were not found to be

similar with each other and the electricity wire pieces recovered from

the neck of the deceased Smt. Kameshwari Devi were not found similar

to the pieces of the electricity wire recovered from the nail in the

balcony of the house of the accused/the appellant herein allegedly

pursuant to his disclosure statement.

63. The observations of the learned Predecessor of the learned Trial

Court during the testimony of Shailender Arora examined as PW-15 in

relation of FIR No. 574/89, PS Trilok Puri and as PW-9 in relation to

FIR No. 564/89, PS Trilok Puri are categorically to the effect that what

was found similar in the three wires produced during trial was that they

were all of green colour but that the gauge and the colour of the green

colour involved in FIR No. 574/89, PS Trilok Puri and that FIR No.

564/89, PS Trilok Puri were all different. The observations of the

learned Predecessor of the learned Trial Court, who recorded the

evidence, have been conspicum ously erroneously ignored by the

learned Trial Judge at the time of analysis of the evidence in the

impugned judgment.

64. As regards the observations of the learned Trial Court in para

No. 35(5) and 35(5) in relation to the trial in FIR No. 574/89, PS Trilok

Puri and FIR No. 564/89, PS Trilok Puri respectively, in relation to the

recovery of human blood of 'O' Group on pieces of rexin recovered

from the Maruti Van of the accused/the appellant herein pursuant to

his disclosure statement in relation to FIR No. 574/89, PS Trilok Puri

and blood stained towel recovered at the pointing out of the accused/the

appellant herein with human blood of 'O' Group as recovered allegedly

in FIR No. 564/89, PS Trilok Puri, it has already been observed

elsewhere hereinabove that the said alleged recoveries of pieces of rexin

and blood stained towel at the pointing out of the accused/the appellant

herein from his Maruti Van bearing registration no. DNC 2216 on

21.11.1989 was not established beyond a reasonable doubt in as much as

the testimonies of Shailender Arora and Girish Kumar Sharma

recorded in both the trials referred to hereinabove brought forward

that the Maruti Van bearing registration no. DNC 2216 was lying at the

police station before the alleged recoveries of the blood stained pieces of

rexin and blood stained towel recovered allegedly at the pointing out of

the accused/the appellant herein at the PS Trilok Puri on 21.11.1989

and Girish Kumar Sharma has also categorically stated that he was not

aware whether the Maruti Van was in a locked condition or not at the

police station.

ALLEGED RECOVERY OF GREEN WIRE AND NAIL FROM THE

HOUSE OF THE ACCUSED/THE APPELLANT HEREIN

65. The other aspect which cannot be overlooked is that the murders of

deceased Sh. Ravi and Smt. Kameshwari Devi, as per the prosecution

version, took place on 17.11.1989 and the alleged green wire recovered

alongwith the nail in the balcony of the house of the accused/the appellant

herein was allegedly recovered on 21.11.1989 pursuant to his alleged

disclosure statement. That the accused/the appellant herein retained the

pieces of incriminating evidence from 17.11.1989 to 21.11.1989 at his

house appears implausible. Even if it be accepted that the pieces of the

electricity wire recovered from the balcony of the house of the

accused/the appellant herein matched the pieces of electricity wire

round the neck of the deceased Sh. Ravi as per report Ex.PW15/C dated

30.05.1999, the same simpliciter and per se, is insufficient to link the

accused/the appellant herein with the murder of the deceased Sh. Ravi.

There is no motive that is established for the murder of deceased Sh.

Ravi.

INCONSISTENCIES IN PROSECUTION VERSION

66. The version put forth by the prosecution for the murder of Smt.

Kameshwari Devi wife of the complainant Sh.Laxmi Chand Sharma and

of the deceased Sh. Ravi, the servant of the complainant Sh.Laxmi Chand

Sharma is to the effect that the accused/the appellant herein who used to

address Smt. Kameshwari Devi as MATAJI and used to go to her for

taking money etc. had accompanied Smt. Kameshwari Devi on 15.10.1989

and 17.10.1989 to Ved Prakash Jewellers running a goldsmith‟s shop at

Shop No. 26, Rani Jhansi Road, Ajmal Khan Road, Karol Bagh, New Delhi

in the name and style of „Ved Prakash Jewellers‟ and as per the testimony of

PW-4 Girish Kumar Sharma, 26 grams gold had been pawned by Sh. Ved

Prakash and Smt. Kameshwari Devi with him and he had given Rs.5,000/-

and they had assured him that after 15 to 20 or 30 days, they would return

back the money and he would return the gold to them.

67. As per the testimony of Sh. Laxmi Chand Sharma, Smt.

Kameshwari Devi had got a loan of Rs.5,000/- arranged for the accused/the

appellant herein from a jeweller after mortgaging some jewellery of the

accused/the appellant herein (though the complainant had stated in his cross

examination as PW-9 in relation to FIR No. 574/89, PS Trilok Puri in

Sessions Case No. 97/96 that his wife had not informed him about the

specific name of the ornament which the accused/the appellant herein had

earlier mortgaged and which he wanted to get redeemed on that day after

making the payment) and that on 17.11.1989, the accused/the appellant

herein had come to the house of Sh. Laxmi Chand Sharma at about 9.30

a.m. and had requested Smt. Kameshwari Devi to accompany him to the

jeweller with whom the accused/the appellant herein had mortgaged the

jewellery for the reason that he intended to return the money and to take the

jewellery back and that Smt. Kameshwari Devi had accompanied the

accused/the appellant herein in his Maruti Van bearing registration no. DNC

2216, which was driven by the accused/the appellant herein himself.

68. The prosecution version is however to the effect that Sh. Laxmi

Chand Sharma had gone to the market after his wife had left with the

accused/the appellant herein to the jeweller and the servant Sh. Ravi (the

deceased) was present at the house at 213-B, Block-I, Mayur Vihar, Phase-I

and when he (Sh. Laxmi Chand Sharma) returned back from the market

after about one and a half hour, a lady namely Laxmi was standing outside

his house, who told him that there was no one present in the house and that

all the doors were opened, and he entered the house and that his servant was

not there and he had searched for his servant and found his servant lying in

the bathroom who on examination by the doctor had died. Thereafter, he

reported that matter to the police and the police inquired from him if

something was missing from his house, that he showed his inability to report

about the missing articles in the absence of his wife and told the police that

only after arrival of his wife, he could inform about the missing articles from

his house, that the police continued the investigation till 8.00 p.m. and kept

sitting there but till that time his wife did not return. Thereafter they went to

the house of the accused/the appellant herein to inquire as to why his wife

had not returned and the accused/the appellant herein informed them that he

had dropped Smt. Kameshwari Devi somewhere on the way after arranging

a three wheeler for her, and when Smt. Kameshwari Devi failed to return

till 10.30 p.m., a missing complaint was lodged at the police station.

INADMISSIBLE DISCLOSURE STATEMENT

69. Another essential aspect which cannot be overlooked is that the

witness PW-9 Shailender Arora in his cross examination in relation to the

disclosure statement made by the accused/the appellant herein has

categorically stated in his testimony dated 03.11.1998 as recorded during the

trial in the FIR No. 564/89, PS Trilok Puri in Sessions Case No. 161/96 to

the effect that "police had already recorded the disclosure statement and

no disclosure statement was recorded in his presence. I was only told that

such and such statement was made by the accused. My signatures were

obtained on that statement of the accused/the appellant herein. I signed

that statement after reading it. Ex.PW4/A is the same disclosure statement

which I signed after reading it. It is incorrect to suggest that no disclosure

statement of accused/the appellant herein, was recorded by the police on

20.11.89. It is incorrect that no disclosure statement of the accused/the

appellant herein, was ever recorded in my presence." Though this witness

has denied that disclosure statement was not recorded by the police in his

presence, his testimony to the effect that the police had already recorded the

disclosure statement of the accused/the appellant herein and no disclosure

was recorded in his presence coupled with the statement to the effect that

he was only told that such and such statement was made by the

accused/the appellant herein and his signatures were obtained on that

statement which he had signed after reading the same, -makes it apparent

that the said disclosure statement Ex.PW4/A was not made in the presence

of Shailender Arora on which his signatures were obtained. Significantly,

this witness also stated that the keys of the Maruti Van, which was lying

locked in the police station, were with the police. That itself detracts from

the veracity of the prosecution version in relation to the alleged recoveries

effected from within the Maruti Van in checking of the broken pieces of

bangles of the deceased and blood stained rexin pieces.

MATERIAL CONTRADICTIONS IN TESTIMONIES OF

PROSECUTION WITNESSES

70. Equally significant is the statement of Sh.Laxmi Chand Sharma, the

husband of the deceased and the employer of the deceased Sh. Ravi, in the

trial in relation to FIR No. 564/89, PS Trilok Puri in Sessions Case No.

161/96 when Sh.Laxmi Chand Sharma who was examined as PW-18

stated in his cross examination that when he reached his house from the

market, PW Laxmi Devi was standing outside his house and she had not

informed him that she had seen Vijay Pal going out of his house but that that

he did not tell the police that he was told by PW Laxmi Devi that she saw

the accused/the appellant herein, Vijay Pal going outside from his house.

71. The statement of Smt. Laxmi Devi examined as PW-3 in relation to

FIR No. 564/89, PS Trilok Puri in Sessions Case No. 161/96 is categorical

to the effect that she did not know the accused/the appellant herein and that

she had not stated to the police that she had informed the complainant

Sh.Laxmi Chand Sharma that she had seen the accused/the appellant

herein Vijay Pal Singh coming out of the house at 12.30 p.m. This witness

Laxmi Devi had categorically testified that she had seen the accused/the

appellant herein for the first time in the court when she appeared as a

witness and she did not know him prior to that date and that she had not

seen the accused/the appellant herein anywhere in the house of the

complainant Sh.Laxmi Chand Sharma prior to the arrival of the

complainant Sh.Laxmi Chand Sharma. The testimony of Smt. Laxmi

Devi examined as PW-3 is thus in total contrast with the testimony of the

complainant Sh.Laxmi Chand Sharma in relation to material particulars.

72. Another aspect which has to be considered is that the testimony of

PW-3 Smt. Laxmi in relation to FIR No. 564/89, PS Trilok Puri in Sessions

Case No. 161/96 and testimony of the same witness as PW-10 in relation to

FIR No. 574/89, PS Trilok Puri in Sessions case No. 97/96 categorically

brings forth that Smt. Kameshwari Devi used to run a chit committee and

according to Smt. Laxmi examined as PW-10 in relation to FIR No. 574/89,

PS Trilok Puri in Sessions case No. 97/96, she used to visit her house in

connection of giving her payment for the committee amount. The testimony

of Smt. Laxmi examined as PW-10 in relation to FIR No. 574/89, PS Trilok

Puri in Sessions case No. 97/96 was recorded on 04.09.1996 and the

testimony of Smt. Laxmi examined as PW-3 in relation to FIR No. 564/89,

PS Trilok Puri in Sessions Case No. 161/96 was recorded on 05.07.1997 and

it cannot be overlooked that in both the testimonies, the witness Smt. Laxmi

wife of Sh. Hariram stood by her stand that she did not know the accused/the

appellant herein before and that she had not seen him coming out from the

main entrance of the home of Sh.Laxmi Chand Sharma nor had she seen

the accused/the appellant herein, cleaning his hands with a coca cola

coloured towel and that she had told the complainant Sh.Laxmi Chand

Sharma of the same.

73. Sh. Laxmi Chand Sharma in his testimony as PW-18 in relation to

FIR No. 564/89, PS Trilok Puri in Sessions Case No. 161/96 has stated that

he was running a committee but the accused/the appellant herein was not a

member of the same. This witness Sh. Laxmi Chand Sharma was

examined as PW-9 in relation to FIR No. 574/89, PS Trilok Puri in Sessions

Case No. 97/96 stated that "we named the accused/the appellant herein,

present in the court to be the person against whom we were suspicious of

having committed the murder of my wife as well as servant. Nobody else

used to come to my house. Only the accused/the appellant herein present

in court used to come to my house. He took my wife on 17.11.89 and

whatever was done to her and had been done by him only."

74. It is essential to observe that Smt. Laxmi examined as PW-10 in

relation to FIR No. 574/89, PS Trilok Puri in Sessions case No. 97/96 has

categorically stated that she used to visit the home of Sh. Laxmi Chand

Sharma in connection with the chit committee run by his wife

Smt.Kameshwari Devi. The complainant Sh. Laxmi Chand Sharma has

also testified to the effect that he used to run a chit committee. The statement

thus made by the complaint that no one used to visit their house except the

accused/the appellant herein, -thus does not appear to be plausible.

LACK OF FINGER PRINTS

75. No finger prints are indicated to have been picked up by the

Investigating Agency from the spot for comparison with the finger prints of

the accused/the appellant herein, to dispel the presence of any other person

at the spot at the time of the commission of the offence. In these

circumstances, the circumstantial evidence on the record as observed by the

impugned judgment dated 15.11.2000 in relation to FIR No. 574/89, PS

Trilok Puri in Sessions case No. 97/96 as detailed in para No. 35(1) to (10),

and as detailed in para No. 35(1) to (7) in the impugned judgment of the

learned Additional Sessions Judge (ASJ), Karkardooma in Sessions Case

No. 161/96 in relation to FIR No. 564/89, PS Trilok Puri already detailed

elsewhere hereinabove does not bring forth a complete link in the chain of

circumstances of evidence so consistent as to rule out any reasonable ground

which could exclude every possible hypothesis except the one to be proved

in both the cases.

76. It has also been observed elsewhere hereinabove in this judgment that

the observations in para No. 35(6) in relation to FIR No. 564/89, PS Trilok

Puri in Sessions Case No. 161/96 and para No. 35(4) in relation to FIR No.

574/89, PS Trilok Puri in Sessions case No. 97/96 were brought forth to be

non-existent and against the record. As brought forth through the CFSL

report on the record and the observations of the learned Trial Court while

recording the testimony of PW-15 Shailender Arora in the connected case

in relation to FIR No. 574/89, PS Trilok Puri and as PW-9 in relation to FIR

No. 564/89, PS Trilok Puri respectively, the circumstance as mentioned in

para No. 35(2) in both the impugned judgments is also thus set at naught in

view of observations in para no. 35(6) in relation to FIR No. 564/89, PS

Trilok Puri and para no. 35(4) in relation to FIR No. 574/89, PS Trilok Puri

having been found to be found to be against the record.

77. Qua the recoveries observed to be established as detailed in para no.

35(5) in relation to FIR No. 564/89, PS Trilok Puri and the recoveries as

stated in para no. 35(5) of both the impugned judgments in relation to FIR

No. 564/89, PS Trilok Puri and in relation to FIR No. 574/89, PS Trilok

Puri, the possibility of the said recoveries being planted has already been

detailed elsewhere hereinabove and it is thus held that it has not been

established beyond a reasonable doubt by the State that the blood stained,

coca cola coloured towel was recovered at the pointing out of the

accused/appellant herein having human blood of O group and that likewise

the recovery of human blood of O group of pieces of rexin recovered from

the Maruti Van of the accused/the appellant herein, pursuant to his

disclosure statement had also not been established.

78. The recovery of the green colour wire with the piece of nail from the

house of the accused/the appellant herein, also in the circumstances, is held

to be not plausible.

79. The learned Trial Court has observed in para no. 31 of both the

impugned judgments to the effect that in both the cases the motive for

committing the murders was missing, but observed that in the case Chand

Khan Vs. State of UP AIR 1995 SC 2140 it was held that proof of motive is

not essential for success of a prosecution case where the ocular testimony in

support of it is convincing and reliable and has also relied on observations of

the Apex Court in State of Gujarat Vs. Anirudh Singh AIR 1997 SC 2780

to the effect that if motive is proved that would supply a chain in the link,

but absence thereof is not a ground to reject the prosecution case and thus

observed that the circumstances in the instant case brought forth

cumulatively a chain so complete that there is no escape from the conclusion

that within all human probability it was the accused/the appellant herein who

had committed the murders of the deceased Sh. Ravi and Smt.

Kameshwari Devi and that the accused/the appellant herein had also

abducted Smt. Kameshwari Devi before strangulating her and had abducted

her by deceitful means of inducing her to go to the jeweller‟s shop with the

plan of killing her.

CONCLUSION

80. Taking into account the factum that all circumstances observed by the

learned Trial Court to be forming a complete chain of events in para no. 35

of each of the impugned judgments, have been observed and held

hereinabove to be non-existent and not plausible, coupled with the statement

of the accused/the appellant herein under Section 313 Cr.P.C. in each of the

cases, denying all the incriminating evidence against him,- the factum that

the opinion in the laboratory report that the kitchen knife Ex.6 was strong

and sharp enough to cut the electric wire for strangulating the deceased Ravi

and Smt. Kameshwari Devi is held to be per se insufficient and

inconclusive to bring forth the guilt of the accused/the appellant herein in

each of the two cases in relation to FIR No. 574/89, PS Trilok Puri in

Sessions case No. 97/96 and in relation to FIR No. 564/89, PS Trilok Puri in

Sessions Case No. 161/96, qua the commission of the offences of murder of

the deceased Sh. Ravi and Smt. Kameshwari Devi, and abduction of

deceased Kameshwari Devi.

81. The contention of the State that the piece Ex. 7 of green wire on a nail

from the balcony of the house of the accused/the appellant herein, was

recovered on 21.11.1989 in relation to the murders of Sh. Ravi and Smt.

Kameshwari Devi and that the same had been recovered pursuant to the

alleged disclosure statement made by the accused/the appellant herein in

relation to which the witness Shailender Arora as PW-15 in relation to FIR

No. 574/89, PS Trilok Puri and as PW-9 in relation to FIR No. 564/89, PS

Trilok Puri has categorically stated that the words of the disclosure

statements were not spoken by the accused/the appellant in his presence and

that he had been told what had been written in the disclosure statement as

recorded by the police which had been read out to the witness, making the

disclosure statement as well as the recoveries pursuant to the alleged

disclosure statement allegedly made by the accused/the appellant herein

wholly doubtful, coupled with the factum that the CFSL report Ex.PW22/C

dated 30.05.1990 placed on the record of FIR No. 574/89, PS Trilok Puri

also categorically establishes that the pieces of the electric wire recovered

from the neck of the deceased Smt. Kameshwari Devi and the pieces of the

electric wire recovered allegedly from the house of the accused/the appellant

herein, did not resemble with each other in respect of their colour of

insulation, nor thickness of insulation, nor thickness of the metallic wire and

in these circumstances the recovery of piece of electric wire Ex.3 recovered

from round the neck of the deceased Sh. Ravi matching with Ex.7, the wire

with the nail allegedly recovered from the home of the accused/the appellant

herein does not suffice to hold the accused/the appellant herein, guilty

beyond a reasonable doubt in relation to the alleged commission of the

murders of the deceased Sh. Ravi and the deceased Smt. Kameshwari

Devi, nor qua the abduction of the deceased Smt. Kameshwari Devi.

82. Thus in the instant case, the circumstances on the record are not

sufficient to establish the guilt of the accused/the appellant herein, to the hilt

qua the commission of offences of murder of the deceased Ravi and Smt.

Kameshwari Devi and also her abduction in as much as the circumstantial

evidence on record does not bring forth a chain of circumstances of evidence

so complete so as to dispel any reasonable doubt and do not establish that in

all human probability the murders of the deceased Smt. Kameshwari Devi

and deceased Sh. Ravi were caused or effected by the accused/the appellant

herein.

83. In these circumstances, both the appeals i.e. Crl.A.No.734/2000 in

relation to FIR No. 574/89, PS Trilok Puri in Sessions case No. 97/96 and

Crl.A.No.735/2000 in relation to FIR No. 564/89, PS Trilok Puri in Sessions

Case No. 161/96 are allowed and the accused/the appellant herein is thus

acquitted in relation to the alleged commission of the offence of murder of

Sh. Ravi punishable under Section 302 IPC 1860 and is also acquitted in

relation to the alleged commission of the alleged abduction and murder of

Smt. Kameshwari Devi qua Crl.A.No.735/2000 in relation to FIR No.

564/89, PS Trilok Puri in Sessions Case No. 161/96 and thus the impugned

judgments dated 15.11.2000 and common order of sentence dated

17.11.2000 impugned in both the Crl.A.No.734/2000 and

Crl.A.No.735/2000 are set aside.

84. The accused/the appellant herein, whose sentences have been

suspended vide the orders dated 05.09.2001 in both the appeals, in terms of

Section 437A Cr.P.C. 1973 is directed to execute a bail bond within a week

from today in the sum of Rs.25,000/- with one common surety of the like

amount qua both the appeals, i.e. Crl.A.No.734/2000 and

Crl.A.No.735/2000 to the satisfaction of the Registrar General, Delhi High

Court, New Delhi to appear before the higher Court as and when such Court

issues notice in respect of any appeal or petition filed against the judgment

of this Court and such bail bond shall be in force for a period of six months.

On submission of such bail bond and surety bond, as directed hereinabove,

the surety bonds submitted pursuant to the order dated 05.09.2001, would

stand discharged.

85. The appeals i.e. Crl.A.No.734/2000 and Crl.A.No.735/2000 are thus

allowed.

86. Copy of this judgment be supplied to the appellant and be also sent to

the Superintendent Jail, Delhi for compliance.

87. The Trial Court records be returned.

ANU MALHOTRA, J

GITA MITTAL, J

FEBRUARY 22nd, 2017 mr/mk