JUDGMENT

AMIT SHARMA, J.

1. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 („CrPC‟), has been preferred by the State assailing the order on charge dated 07.02.2013, passed by the learned Additional Session Judge/Special Judge (NDPS), Outer District, Rohini Courts, Delhi, whereby, the learned Additional Session Judge /Special Judge, discharged the respondent under Sections 302/365/201/120B of the Indian Penal Code („IPC‟), in FIR No. 12/2010, registered at P.S. Prashant Vihar.

2. Briefly stated, facts relevant for adjudication of the present petition are as under:

i. On 16.01.2010, FIR No. 12/2010, under Section 365 of the IPC was registered at P.S. Prashant Vihar at the instance of Lalit Sharma, the brother of the deceased, since the latter was missing since the evening of 14.01.2010.

ii. After the registration of the FIR, statements of Lalit Sharma (brother of the deceased), Kavita Sharma (sister of the deceased), Sachin Kumar, Sanchit Arora and Rupesh Gupta (friends of the deceased) were recorded. The Call Detail Record („CDR‟) of the deceased and accused/suspect Devender @ Madan @ Guddu @ Rajesh were obtained and examined. The deceased had two mobile numbers – bearing SIM nos. 9811656636 and 9311839800. Accused, Devender @ Madan @ Guddu @ Rajesh used the mobile phone bearing SIM no. 9716318992. It was revealed that numerous outgoing calls were made to co-accused Sanjay Kumar on his mobile phone bearing SIM no. 9560307641, Anil Kumar on his mobile phone bearing SIM no. 9212697673 and Pradeep Tyagi on his mobile phone bearing SIM no. 9990033962, on 10.01.2010, 13.01.2010 and 14.01.2010. It was further revealed that on 14.01.2010, outgoing calls were made to deceased Komal Sharma on his mobile phone bearing SIM nos. 9811656636, 9311839800 and Sanchit on his mobile phone bearing SIM no.

9899416674.

iii. Further, accused persons, namely, Sanjay Kumar and Anil Kumar were interrogated and the name of accused, Devender @ Madan @ Guddu @ Rajesh came to light. It was further revealed that Devender @ Madan @ Guddu @ Rajesh was convicted in case FIR No. 44/2004, under Sections 302/201 of the IPC, registered at P.S. Badli and was on bail at the time when the incident as alleged in the present FIR had taken place. Further, supplementary statement of Sachin (friend of the deceased) was recorded and on 19.01.2010, he was shown a dossier and photograph of Devender @ Madan @ Guddu @ Rajesh was identified by him.

iv. The police recorded the statement of Anil Kumar wherein he stated that he knew Devender @ Madan @ Guddu @ Rajesh and it was him who had forwarded number of the latter to Sanjay Kumar. It was further claimed by Anil Kumar, before the police, that Sanjay Kumar had made extra-judicial confession to him, admitting to the murder of Komal Sharma and complicity of co-accused, namely, Pradeep Tyagi and Devender @ Madan @ Guddu @ Rajesh.

v. On 20.01.2010, the SHO of P.S. Shahabad Dairy, informed P.S.

Prashant Vihar vide D.D. No. 13A, dated 20.01.2010, that the dead body of the deceased, Komal Sharma, was recovered which was duly identified by Sh. Harish Chander Sharma, the father of the deceased. Post-mortem of the deceased was conducted at Mortuary, Babu Jagjivan Ram Memorial Hospital and the cause of death was opined asphyxia, and he was stated to have sustained homicidal injuries. Subsequently, inquest report was obtained and Sections 302/201/120B of the IPC were added to FIR No. 12/2010, registered at P.S. Prashant Vihar.

vi. On 25.01.2010, Sanjay Kumar (co-accused) was arrested and interrogated. It was alleged that he confessed to his involvement in the murder of the deceased. His confession is reproduced as under:

“He is friend of Pradeep Tyagi since school time. Pradeep Tyagi loved (one sided) to one girl namely Indu Tyagi and Komal Sharma was also loved to the same girl. On instruction of Pradeep Tyagi he arranged a meeting between Pradeep Tyagi and Devender@Madan Lal Bansal@Gud