PRADEEP NANDRAJOG, J.

1. Atma Ram Gupta (hereinafter referred to the “Deceased”), a member of the Indian National Congress, was a Councillor of the Municipal Corporation of Delhi, having been elected from Ward No.27, Tri Nagar, Delhi, in the Elections held in February 2002.

2. At 10:15 AM on 24.8.2002 he left his residence in an Indica Car bearing registration No.DL 6SA 0025 owned by him, which was driven by his driver Prabhu Yadav PW-17. While leaving the house he told his wife Sumitra Gupta PW-18, that he was going to attend a rally organized by the Congress Party at Firozshah Kotla Grounds Delhi.

3. He did not return to his residence till late evening and could not be contacted on his mobile phone since the same was switched off. His wife got worried. She contacted the younger brothers of Atma Ram Gupta as also her children and apprised them of the situation. The children of Atma Ram Gupta as also his younger brothers came to his residence and made inquiries from persons who were in contact with Atma Ram Gupta during the day. They could not ascertain the whereabouts of Atma Ram Gupta till midnight and thus Rajinder Pal Gupta PW-9, the younger brother of Atma