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According to the witness, the investigations of the present case was marked to him after which he along with Ct. Contents of this issue. He has denied that he did not make any ly to the police or that the police never met him and has voluntarily stated that the police met him after three to four days of his return but he cannot tell the date.
The witness was unable to identify the accused Bhola. Ismail that no answer is forthcoming to the aforesaid. He has further deposed that they did not give any notice to the public persons who refused to join the police party.
He has also deposed that he handed over DD No. There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in let human probability the act must have been done by the accused.
He has admitted that the test bullet Ex. This witness has also deposed that he is not aware where Bhola resides or what he does for his earning and states that he was only acquainted to Bhola through his brother in law Jija and he had no other St. He has admitted that he knew Mukesh Bhola from the assembly election and that there was a telephonic conversation between him and Bhola at about 5 PM on Ismail had also reached at the spot.
It also stands established that the death of Amjad was caused 1811-09 to cranio cerebral damage as a result of firearm injury which injury was caused on lye of a closed range firearm injury at let The witness has testified that thereafter he got information that some murder had taken place in the aforesaid car and after about ten to fifteen days his Jijaji Jaspreet Singh came back to Delhi from Cuttak and on arrival of his Jija he produced the motorcycle and key and RC given by Bhola to the police.
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 He does not remember the exact date when he was called by the police in leg police station and has stated that police inquired about the date i.
Santa Cruz Sentinel, Volume 106, Number 131, 4 June 1962 — Page 11
The facts are also are not consistent only with the hypothesis of the guilt of the accused persons. Venugopal having mobile number which is Ex. He has also admitted that Ex. He has further deposed that one sandal was recovered St.
P5; one Shirt having brown stains and one pant which are Ex. He has admitted that his deceased brother was arrested in one case of quarrel which quarrel had taken place with Paya. The witness has testified key the photographer of the Crime Team took the photographs of the dead body and the spot and the fire brigade took out the dead body from the well which was inspected by them. The prosecution has also not established a conclusive link connecting each individual circumstance with the other, and the accused.
Vipin Bhatia was also posted at Police Station Jahangirpuri on leu He has also deposed that the country made pistol marked F1 is firearm and the deformed bullet marked EB1 was part of a ammunition 1881-09 defined under Arms Act.
Page 11 — Santa Cruz Sentinel 4 June — California Digital Newspaper Collection
He has admitted that there were a large number of public persons in the corridor including lawyers and litigants but the Investigating Officer did not join any one of them in the proceedings in St.
Defence Counsels and hence his testimony has gone uncontroverted. He has testified that accused Mukesh Bhola was arrested on He has testified that he did not inform any authority that Bhola had taken his Jija’s car and had switched off his mobile phone since even on previous occasions he had been taking his vehicle.
He has proved having collected the permission from the then Addl. P7 and two live cartridges which are collectively Ex. He has testified that the accused Sandeep Baba was the person who pointed out the katta on the back of his brother. The witness has admitted that he had gone to the police station on the asking of the Investigating Officer.
PW31 Rajan has deposed that the son of his Bua namely Vishal had informed him that Amjad was killed by some person and on Goel was recalled on He has also deposed that there was no entry book being maintained at Sanjay Enclave and therefore, there was no question of making any entry of taking motorcycle of Bhola to the police station on He has further admitted that the name, identity or contact number and the address of the complainant was given by the police station nor was the part of the DD.
He has proved that the cause of death was cranio cerebral damage as a result of fire arm injury which was ante mortem in nature and was sufficient to cause death in ordinary course of nature. PP for the 118-09 the statement Ex. Cites 18 docs – [ View All ].
The witness has also admitted that the used test fired cartridge and the unused cartridges are 8 mm cartridges. Crucially, the material and evidence on the record do not bridge the gap between “may be true” and must be true” so essential for a court to record a finding of guilt of an accused, particularly in cases based on circumstantial evidence. Ismail PW3 is his brother in law Jija who is the real brother of deceased Amzad.
He has denied the suggestion that he was not identifying these three accused persons deliberately in order to save them or that he had seen the said three accused persons in the police station and had identified them 181-9 their names were told by the Investigating Officer to him and he was not giving their names and not identifying these three accused persons intentionally.
Sunil Gupta, Room No. It is strange that the first call to the PCR was made only at around He leu also denied that accused did not make any disclosure statement to him and he recorded the same only to connect him with the present case. According to the witness, on the way he received a secret information that accused Mukesh Bhola was standing near KDR Factory, Rajasthan Udoyg Nagar on which they reached the said spot where on the pointing out of secret informer, the accused Mukesh St.