JUDGEMENT
Indermeet Kaur, J. -
(1.)ON 22.8.1996 at 8.20 PM an attempt had been made to strangulate Chanda Bi wife of Mukesh at Kardampuri, Azad Chowk. This information was recorded in D.D. No. 27. SI R.C. Sharma PW -14 along with Const. Kewal Singh PW -8 armed with this D.D.Ex.PW -11/A reached the spot i.e. House No. 397, Gali No. 4, Kardampuri where they met Chanda Bi. Her statement Ex.PW -1/A was recorded wherein she disclosed that she was residing in the aforesaid house along with her family members. On that day at about 7.00 AM her husband Mukesh Khan had left with his friend Anees Kabari for purchasing material from Okhla. Her husband was also a Kabari by profession. She knew Anees from before as he had been visiting her house. At about 3.00 PM Anees came to her house. She enquired from him about the whereabouts of her husband and why he had not returned. Anees told her that he had left Mukesh at the bus stop as he i.e. the deceased stated that he would be going to Wazirpur. She i.e. PW -1 went to purchase vegetables and returned back at 6.00PM. Her husband had not returned even by that time. Anees was still sitting in her house. She again made enquiry from him as to why her husband had not returned back. Anees became perplexed and started running. Chanda Bi i.e. PW -1 accosted him as to why he was running away upon which Anees gave her a push and fled. Her children telephoned the police. She suspected that her husband had been kidnapped by Anees and action should be taken. Upon this statement, endorsement Ex.PW -8/A was made by PW -14 and at 11.50 PM rukka was sent through Const.Kewal Singh PW -8 for the registration of the case. The formal FIR Ex.PW -13/A was recorded by Const.Devender PW -13 which was initially under Section 365 of the IPC.
(2.)AT about 7.00PM on the same day Chanda Bi had informed her brother Hazi Anwar Khan PW -2 about missing of her husband. He i.e. PW -2 reached the house of his sister and they tried to locate Mukesh Khan as also the accused but they could not be found.
On 27.8.1996 SI R.C. Sharma received information that the accused Anees would be reaching the bus stop at Anand Vihar. SI R.C. Sharma along with Const.Nawal Singh PW -12 and Const. Kewal Singh PW -8 accompanied by Chanda Bi and Hazi Anwar Khan reached the spot where at the pointing out of Chanda Bi accused Anees was apprehended. His personal search was conducted vide memo Ex.PW -2/A. A sum of Rs. 150/ -, one pocket diary and one key was taken into possession. The accused made a disclosure statement Ex.PW -2/B wherein he disclosed that he could get the dead body of Mukesh recovered. He led the police party to House No. CPA 94, Purana Ghurshal, New Seelampur, Shahdara. The house was locked, the lock of which was opened by the key which had been recovered from the personal search of the accused. Foul smell was emanating from the room. Towards the taand in the room a dead body in a decomposed state was lying wrapped in a gunny bag, which Chanda Bi identified as that of her husband. A coconut string was tied around the neck of the deceased. The clothes i.e. the underwear, vest, shirt and pant worn by the deceased were identified by her. She also identified the pair of shoes lying in the room. The dead body and the clothes of the deceased were taken into possession vide memo Ex.PW -1/D. The shoes were taken into possession vide memo Ex.PW -1/C. These recoveries were witnessed by Lal Chand PW -10, a resident of the opposite house. Site plan Ex.PW -14/C was prepared. The photographer Const. Surender Singh PW -15 accompanied by H.C. Sheo Ram Singh PW -9 reached the spot who took 12 photographs Ex.P -15/1 to 12 of the dead body from different angles, negatives of which are Ex.P - 16/1 to 12.
(3.)ON the same day the accused led the police party, accompanied by Ashgar Ali Khan PW -3, and Putan Khan, PW -4 to E - 67, New Seelampur. From the said room one pant, shirt, under vest and a lungi were seized; from the pocket of the pant a sum of Rs. 3000/ - and one wrist watch of Seiko make was recovered. The said articles were taken into possession vide memo Ex.PW -3/A.
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