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The witness has testified that on examination of aforesaid exhibits he found that the ely made pistol marked F1 was in working order and test fire conducted successfully and that the deformed bullet marked EB1 corresponded to the bullet of 8 St.
Defence Counsels despite opportunity in this regard. I am sure if Mohd.
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Further, the witness could not identify the remaining three accused persons in the Court namely Sanjeev Bawa, Vishal and Vijay despite the specific pointing out towards them by the Ld. According to the witness. He has deposed ely he had not stated in his statement to the police that he had identified the remaining three persons also while sitting in the police station whose name was told to him by the Investigating Officer as Sanjeev, Vishal and Vijay.
Venugopal which is Ex. This shows that things are not as simple as they seen. Parcei 28 He has testified that the accused Mukesh took them to village Jonti where they left Maruti Alto car and pointed out the place and a memo to this affect was prepared which is Ex. He has deposed that he had not taken the statements Ex. He has denied the suggestion that mark X shown in photograph Ex. Ismail in this regard who told him that due to nervousness and as the case is of three years, he could not identify the accused after which he witness recorded the statement of Mohd.
He has further deposed that he pey interrogated by the police in this ely. He has also deposed that the clothes of the deceased and blood sample in gauze piece, 1181-09 bullet recovered from the head of the deceased were sealed by him and handed over to police officials. He has further deposed that he visited the spot of recovery of dead body on the date when Ex. He has further deposed that he had not stated in his statement that the aforesaid Sushil along with Bhola and three other persons smoked let that Bhola ly received phone calls but he did not know as to who made the call.
He has also deposed that later on he came to know that the said car was involved in a case of Lsy Station Jahangir Puri and Crime Team came to Police Station Kanjhawla.
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There may be cases where on account of close proximity of place and time between the event of the accused having been last seen with the deceased and the factum of death a rational mind may be persuaded to reach an irresistible conclusion that either the accused should explain how and in what circumstances the victim suffered the death or should own he liability for the homicide It was only thereafter that the information was given to Police Station Jahangir Puri and the accused Vijay, Vishal and Sanjeev Baba were formally arrested in this case.
He has also deposed that the country made pistol marked F1 is firearm and the deformed bullet marked EB1 was lry of a ammunition as defined under Arms Act. It is further the case of the prosecution that on the same day at about 8: The information given to the PCR is reproduced as under:. Ismail saw the accused Bhola and his four lwy associates taking his brother Amjad.
He has testified that he along with Insp. Vijay Singh was working as Addl.
State vs . (1) Mukesh @ Bhola on 16 July,
Parcel 9 He has also admitted that Sanjeev Baba was not known to him prior to He has denied the suggestion that Mark X2 was not the travel ticket which he used on said date.
According to the witness, RC of the said motorcycle and motorcycle were also not handed over by Sachin to the Investigating Officer. The witness has also deposed that he recorded the disclosure statement of the accused which is Ex. He has also deposed that he was not aware about the details of the business of his Jija including his stall number.
Defence counsel, the witness has admitted that Ex.
Vipin Kumar Bhatia had deposited one sealed parcel containing clothes of accused Mukesh Bhola duly sealed with the seal of VKG, one mobile phone make Nokia duly sealed with the same seal which he received vide entry No. The witness has testified that his Jija is a fruit agent in the Mandi and the distance between Azadpur Mandi and Swaroop Nagar is about five kms. He has further deposed that on He has further deposed that he did not know if Mohd. He has also deposed that he had gone to the police station after three to four days after their arrival from Cuttak and he got scared because of this case and that is why he came back in emergency by Tatkal as the position of his mother was better ldy that time.
It lays down the rule that when the accused does not throw any light 181-0 facts which are specially within his knowledge and which could not support any theory or hypothesis compatible with his innocence, the Court can consider his failure to adduce any explanation, as an additional link which completes the chain.
He has testified that on He has also admitted that open cemented nali which appears in Ex.
However, the members of the Crime Team have proved having lifted five chance prints from the car in question and had also prepared a report which is Ex. Sachin Prakash has also been examined St. He is unable to tell the exact distance between New Delhi Railway Station and his house at Jahangirpuri and has voluntarily stated that lry is one hour journey on road.
He has denied the suggestion that no pointing out memos were prepared at 181-90 instance or that the accused did not point out any place key incident from where the deceased was kidnapped or the place from where the dead body was recovered. According to the witness, the accused also disclosed that one slipper of deceased which fall outside the well was thrown by him in the Nala and the said chappal was already been recovered by the police team and at the instance of the accused pointing out memo of the said well was prepared which is Ex.
The ownership of the Alto car bearing No.
He has further deposed that he took the aforesaid car bearing No. He has further deposed that the case was registered upon his statement at Police Station Samaypur Badli after the recovery of dead body of his brother. He has testified that he did not meet Bhola before handing over the car to him and states that he only spoke to Bhola when he had come on the gate of Sanjay Enclave personally. He has further deposed that the section A IPC was also attracted against the accused Sushil Sushi as he was declared as Proclaimed Offender vide order dated Santosh Kapoor handed over DD No.
In his cross examination, he has denied the suggestion that he did not join the investigation of this case with the Investigating Officer.
I have also gone through the written memorandum of arguments filed on behalf of the parties and the evidence on record. He would at least have raised an alarm and sought help of the police 1810-9 he did not do. According to the said witness, it was not having number plate on the back side and he took the said car vide entry No. Santosh Kapoor has deposed that on