V.K. Jain, J. (Oral)

1. In the night intervening 13/14.04.2004, the dead body of a person aged about 25-26 years was found on the Service Road behind Ambedkar College Park in the jurisdiction of Police Station Shahdara. The information in this regard was recorded at Police Station Shahdara vide DD no.40A which was given to Inspector N.P. Singh, SHO of the aforesaid police station for investigation. He reached the spot, and seized the dead body. An FIR under Sections 302/201 of IPC was registered on the basis of endorsement made by the SHO on the copy of the DD No.40A. A label of “RL Tailor, Kailash Nagar, Delhi-110031” was found stitched on the pant which the deceased was wearing. On the inquiries being made with R.L. Tailor, Kailash Nagar, it came to be known that the deceased, who used to get the clothes stitched from the said tailor was residing in some nearby locality.

On 15.4.2004, Bhagwandin Yadav identified the dead body to be of Maharajdin Yadav. He told the Investigating Officer that the deceased Maharajdin Yadav was using mobile phone number 9810580501. When the details of the aforesaid mobile phone were scrutinized, it came to be known that the last call from the said mobile number was made to another mobile number 9811425733. When the call details of mobile number 9811425733 scrutinized, it was found that the last call from the aforesaid mobile phone was made to mobile number 9811425733. The call details of mobile No. 9811425733 revealed that the last call from the said phone had terminated on mobile No. 9811335789. The user of mobile phone number 9811335789, when contacted, informed that the mobile phone number 9811425733 belonged to the elder brother of Vijay who was residing in Loni. On the basis of the aforesaid details, a person whose name initially came to be known as Vijender Kumar @ Fauji was apprehended. The brother of deceased Maharajdin also told the police that his brother was working at a shop and living as paying guest with a neighbouring shopkeeper Mahender Prasad and that on 13.4.2004 when Maharajdin Yadav left the house, Mahender Prasad had also accompanied him. On inquiry being made at the shop of Mahender Prasad, it came to be found that on 13.4.2004 at about 1.30 pm, a person aged about 50 years came to his shop, handed over the keys of the safe in the shop and took a carton kept in the safe on the pretext that Mahender had asked for the said carton. On this information Virender Kumar was formally arrested and his confessional statement was recorded.

2. This is also the case of the prosecution that during the course of investigation, the dead body of the deceased Mahender was recovered from Yamuna river near the police station New Friends Colony.

According to the prosecution, the appellant – Vijay got recovered Rs.23,000/- from his house and on 18.4.2004, the appellant – Virender @ Fauji got recovered a mobile phone instrument from his house.

The appellant – Virender @ Fauji refused to join TIP on 23.4.2004 and thereafter he was identified by the witness Prem Singh and Amit Kumar. It was also revealed during investigation that the name of Virender @ Fauji was also Tej Singh @ Teja.

This is further the case of the prosecution that on 29.4.2004, the appellant – Rajinder while in judicial custody got the mobile phone of deceased Maharajdin Yadav recovered from his house.

All the three appellants were prosecuted under Section 364//328/392/302/201/120B/411/419 of IPC.

3. Vide charge dated 03.11.2004, the appellants Vijay Kumar was charged under Section 120B of IPC read with Section 364, 302 and 201 thereof abducting Mahender Prasad and Mehrajuddin Yadav and committing their murder in the night of 13/14.4.2004 and disposing of their dead bodies in order to conceal the evidence of the crime and screening them from legal punishment. He was also charged under Section 120B read with Section 392 of IPC for committing robbery of Rs.90,000/- from the shop of Mahender Prasad. The appellants – Tej Singh @ Te