Delhi District Court
State vs Pawan Shukla on 30 May, 2025
IN THE COURT OF DR. RAKESH KUMAR
ADDITIONAL SESSIONS JUDGE (FTC-02), SOUTH-EAST
SAKET COURT COMPLEX, NEW DELHI
CNR No.DLSE01-004711-2018
SC No.233/2018
FIR No.26/2018
Police Station: Badarpur
State
Versus
Pawan Shukla
Son of Dev Narayan
Resident of House Number C-286,
Transit Camp, Govind Puri,
Kalkaji, Delhi. ..........Accused
Date of Institution : 19.04.2018
Judgment reserved on : 17.05.2025
Date of Decision : 30.05.2025
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 1 of 95
JUDGMENT
1. A police report was put up by the State through officer-
in-charge of the police station Badarpur before the concerned
Metropolitan Magistrate with the view to take cognizance of offence
under section 302 of the Indian Penal Code, 1860 (in short ‘IPC‘)
against the accused Pawan Shukla for having committed the said
offence and to proceed with committal of the case.
2. As per the police report, on 18.01.2018, this case FIR
was registered in police station Badarpur for the offence punishable
under section 302 IPC.
3. As per the police report, in the intervening night of
18/19.01.2017, the Duty Officer of recorded DD No.39A dated
18.01.2018 police station Badarpur on receiving an information
regarding the dead-body of a male person was lying in a dig near
Sunday Market, Jaitpur Mor which was handed over to SI Rajiv
Kumar for necessary action.
4. It is further reported in the police report that on receipt
of the information vide DD No.39A, SI Rajiv Kumar along-with
Constable Naval Kishor departed for the spot and the SHO of the
police station was also informed who along-with the driver
Constable Nand Kishore and Constable Sohanvir departed for the
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 2 of 95
spot and Head Constable Jai Kishan, Head Constable Ramji Lal were
also directed to reached at the spot.
5. It is further reported in the police report that SI Rajiv
Kumar along-with Constable Naval Kishor reached at vacant plot of
digged ground having bushes and the ground below was with stones;
the spot was adjacent to Plot No.100/B-2, Main Mathura Road,
Jaitpur Mor, Badarpur, New Delhi near Sunday market and inside the
said plot, a dead-body of unknown male person was lying whose
head was injured and blood was scattered around his head and face;
apparently, it appeared that someone had caused injury to him with
the intention kill him and blood was spread over from head to waist;
head of the dead-body was towards the East direction and his legs
were towards the West direction and the height of the deceased was
5ft 7inches, slim built, wheatish complexion, long face who had
worn brown colour jacket, green/white/gray t-shirt, black colour jean
pants which was ripped from knee and a pair of black colour shoes
along with multicolour socks were lying near the dead-body; that
half burnt bloodstained vest (baniyan) was also lying near the dead-
body; that a tattoo of ‘R D R D’ were made serial wise on four
fingers of the right hand of the deceased and two bloodstained large
stones were lying near the head of the deceased; that a pipe of silver
paper and few matchsticks were lying below the right hand of the
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 3 of 95
dead-body. Senior officers and Head Constable Jai Kishan along with
Constable Ramji Lal had also reached at the spot.
6. It is further reported in the police report that crime-team
was also called at the spot and inspection was got conducted and
efforts were made to establish the identification of the dead-body but
no clue was found and leaving HC Jai Kishan at the spot and after
giving appropriate direction, SI Rajiv Kumar along with Constable
Ramji Lal had taken the dead-body to AIIMS Hospital where vide
MLC No.572/2018, doctor declared him ‘brought dead’ and the
dead-body was got preserved in AIIMS mortuary in the custody of
Constable Ramji Lal, thereafter, SI Rajiv Kumar had returned at the
spot.
7. It is further reported in the police report that from
inspection of the spot, contents of MLC of the deceased, and
investigation conducted so far, the offence under section 302 IPC has
been made out and Sub-Inspector Rajiv Kumar prepared rukka, sent
it through Constable Naval Kishor for registration of FIR and after
registration of FIR, further investigation of this case was assigned to
Inspector Satish Chandra.
8. It is further reported in the police report that Inspector
Satish Chandra along with Constable Nawal had reached at the spot
of incident, inspected the spot and prepared the site plan at the
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 4 of 95
instance of SI Rajiv, thereafter, separate pullandas of partially burnt
baniyan Make Signature Royal of white colour, match-sticks, one
silver paper pipe, one bloodstained water bag Make Tripti and
bloodstains lifted with the help of cotton, shoes and socks were
prepared and seized as per the directions of the crime team.
9. It is further reported in the police report that, thereafter,
hair-strains were separated from the bloodstained concrete stones and
a pullanda after keeping it in a plastic after putting it on a white
paper was prepared; bloodstained portion of the concrete stones were
broken with the use of hammer and chisel and placed those pieces of
concrete stones in a plastic box, both the concrete stones were broken
and one stone from each concrete stone as control were kept in a
plastic box and pullanda was prepared after keeping both the stones
in a white cloth, thereafter, all the pullandas were sealed with the seal
of ‘SC’ and statement of witnesses were recorded at the spot.
10. It is further reported in the police report that all the
possible efforts were made to establish the identification of the dead-
body but his identification could not be possible; that the spot of
incident was again searched where in the middle of the plot, one card
was found on which numbers i.e. 8448759269-A, 7503244408-DK,
7503243907-DK and 8130619842 were written, thereafter, details of
those numbers were obtained and the phone number 8448759269-A
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 5 of 95
and 8130619842-A were found to be of Anjana Haldar R/o C-13,
Bhoomiheen Camp, Govind Puri, New Delhi.
11. It is further reported in the police report that Inspector
Satish Chandra along with police staff had reached at C-13a,
Bhoomiheen Camp, Govind Puri, New Delhi where uncle (chacha)
of Anjana had met and informed that Anjana lives at Lakkarpur,
Faridabad, thereafter, the police staff had reached at the said address
where Anjana met them and told that the mobile numbers
8448759269-A and 8130619842-A belonged to her and the photo of
the deceased from the mobile phone were shown to Anjana to which
she replied that according to the clothes and appearance of person
shown to her, he was Debu, a friend of her husband Pawan and she
does not know the address of Debu but she knows that he lives in
Badarpur and lives with her husband and many a times he used to
make calls to talk with her husband and both, Pawan Shukla and
Debu were drug addict and most of time they live together and due to
drug addiction, most of the time both of them do not come to home
and she was also annoyed of both of them; that now, her husband
was admitted in Nasha Mukti Kendra in Gali No.13, Govind Puri and
its been long time since Debu had come home.
12. It is further reported in the police report that Inspector
Satish Chandra along with police staff had reached Nav Jeevan
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 6 of 95
Nasha Mukti Kendra where investigation with regard to the accused
Pawan Shukla was carried on; during the course of investigation,
night caretaker told that Pawan Shukla got himself admitted in Nasha
Mukti Kendra the day before yesterday i.e. 17.01.2018, thereafter,
Pawan was called there and photo of the deceased was shown to him
but Pawan denied to identify him; on this, Pawan was apprised that
her wife had identified the deceased as friend of her husband to
which, Pawan replied that deceased appeared to be Debu; Pawan was
also apprised about the R D R D tattoo upon this, Pawan confirmed
that deceased was Debu and he could show the house of Debu.
13. It is further reported in the police report that during the
course of investigation, separate teams were formed and sent to
Tajpur Pahadi and in the galis of Badarpur for the search of the
deceased Debu; that during the search, Dharmender Singh Rawat son
of Surender Singh Rawat resident of A-180, Ramsukha Camp, Tajpur
Pahari, New Delhi met and photo of the deceased was shown to him
and after seeing the same, Dharmender Singh Rawat stated that the
dead-body in the photo was of his brother Devendra @ Debu @
Chawanni and he also stated that Debu used to take care of his father
and also used to arrange mare in weddings along with his younger
brother but he was addicted to drugs and despite all their efforts,
Debu could not come out of the addiction and Debu also used to
come late in the night and sometimes he would not come at home.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 7 of 95
14. It is further reported in the police report that
Dharmender Singh Rawat had come to police station and after seeing
Pawan, he stated that Debu was accompanying Pawan from the last
around nine months and two days ago around 11.00, Pawan took
Debu along with him and since then, he did not come to his home;
that now he had come to know that Debu has been killed and he has
suspicion on Pawan because Debu would not be accompanying any
other except Pawan and Pawan used to come almost everyday and
when Debu stopped coming, Pawan also stopped coming.
15. It is further reported in the police report that during the
course of investigation, the accused Pawan confessed the
commission of crime; that the accused Pawan was arrested and his
disclosure statement was recorded; that the accused Pawan had
disclosed that the deceased used to talk a lot regarding his wife and
he had suspicion that deceased was talking with his wife in his
absence; that on the day of incident, when he along with Chota
Narsimha and Debu (deceased) were taking drugs and firstly, Debu
had taken drugs and when Debu laid down out of the intoxication, he
and Chota Narsimha driven by the greed checked the pocket of the
deceased and found one card on which the mobile number of his wife
was written, on this, he confirmed about the affair of his wife with
Debu and accordingly, he planned to kill Debu; that he and Chota
Narsimha had lifted a large stone and hit on the head of Debu and in
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 8 of 95
order to be reassured, they hit Debu with different stones; that the
accused Pawan slit the neck of Debu with the blade. It is further
reported in the police report that that the accused had also disclosed
that he could show the place of incident and also could got recovered
the thrown stones, blade and his clothes which he wore at the time of
the incident and were bloodstained and were thrown by him near the
Railway Pul Prahladpur.
16. It is further reported in the police report that during the
investigation, the accused Pawan led them to and pointed out the
place where Debu was killed ans he disclosed that Debu laid down
straight and where his legs were and where his head was; the accused
Pawan led the police team to M.B. Road ahead of Railway Pul
Prahladpur and pointed out one bag from the left side wherein he had
thrown the bloodstained clothes along with one blade while going to
Tuglakabad; when the bag was checked, one blue colour shirt, grey
colour pants and one red colour jacket and one blade like object was
found from the right side of the pant; that one blade kept in the
matchbox found from the right side pocket of the jacket which were
seized.
17. It is further reported in the police report that the accused
Pawan Shukla was produced before the Court and one day police
custody was obtained for arrest of Chhota Narsimha; initially, the
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 9 of 95
accused Pawan Shukla was wandering here and there but later on
disclosed that at the time of incident, only he and Debu was present
and he alone had committed the crime, thereafter, he was sent to JC.
18. It is further reported in the police report that during the
course of investigation, SI Rajiv got the postmortem of the deceased
Devender @ Debu @ Chawanni conducted and after the
postmortem, body was handed over to his father Surender Singh
Rawat and doctor seized the exhibits and statement of the witnesses
were recorded.
19. It is further reported in the police report that during the
course of investigation, postmortem report was obtained and as per
the report, the cause of death, “Crush injury sustained to cranio-
cerebral region by a blunt force impact, could be possible by
dropping or hitting by heavy stone. However viscera has been
preserved to rule out concomitant poisoning or intoxicate” and
subsequent opinion was obtained on the stone and blade and as per
report, the use of stone and blade cannot be ruled out.
20. It is further reported in the police report that during the
course of investigation, the accused Pawan Shukla was also found
already involved in three other matters u/s 25/54/59 Arms Act, 324
IPC and NDPS Act wherein he was arrested.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 10 of 95
21. It is further reported in the police report that during the
course of investigation, CDR & CAF of aforesaid numbers were
obtained which was found to be in the name of Anjana, wife of the
accused Pawan Shukla and the entry detail of Pawan Shukla in
Nasha Mukti Kendra was obtained which was found to be of after
the incident. The scaled site-plan of the spot was prepared.
Statements of witnesses were recorded. All the exhibits were sent to
FSL and after obtaining the result on the FSL, supplementary charge-
sheet would be filed.
22. It is further reported in the police report that the afore-
said acts on the part of the accused Pawan Shukla revealed
commission of offence punishable under section 302 of the Indian
Penal Code, 1860. It is, therefore, prayed that cognizance of the
offence committed by the accused Pawan Shukla may be taken and
they should be tried as per the provisions of law.
23. After completion of the investigation, the investigating
officer had filed police report before the concerned Metropolitan
Magistrate.
24. In the present case, two supplementary police reports
were put up on behalf of the State. The first supplementary police
report was put up by the State on 17.05.2019 whereby FSL
DNA/viscera report was filed. The second supplementary police
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 11 of 95
report was filed on 05.08.2019 whereby subsequent opinion was
filed.
25. It is reported in the first supplementary police report that
the main police report has already been filed in the Court and result
of FSL has been obtained and as per the said report, on the shirt,
jacket and pant of the accused, the DNA of the deceased has been
found and in the viscera of the deceased ethyl alcohol has been found
and the report is attached herewith; the photographs taken by the
crime team have already been placed on record and the negatives are
being find herewith. It is further stated in the supplementary police
report that the FSL result and negatives of photographs be clubbed
with the main police report.
26. It is reported in the second supplementary police report
that subsequent opinion regarding weapon of offence from autopsy
surgeon AIIMS has been obtained and it is opined that “after perusal
of the produced documents and examination of the weapon, we are
of the considered opinion that injury number 8 (VIII) mentioned in
post mortem report could be possible to be made with the produced
weapon”. It is further stated that subsequent opinion regarding
weapon of offence from autopsy surgeon AIIMS, Delhi is submitted
before the Court.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 12 of 95
27. On the police report, on 19.04.2018, the Learned
Metropolitan Magistrate had taken the cognizance of the offence. On
that day, the accused was also produced before learned Metropolitan
Magistrate.
28. Copies of police report and other documents in
compliance of section 207 Cr.P.C. were supplied to the accused on
20.04.2018.
29. On 24.05.2018, the Learned Metropolitan Magistrate
found the offence to be exclusively triable by the Court of Session
and therefore, committed the case to the Court of Session.
30. On 13.07.2018, upon considering the police report and
the documents sent with it under section 173 Cr.P.C. and after
hearing the Additional Public Prosecutor and counsel for the
accused, the charge was framed against the accused Pawan Shukla
for his having committed offence punishable under section 302 of the
Indian Penal Code, 1860.
31. The charge was read over and explained to the accused
and he was asked if he pleaded guilty of the offence charged or
claimed to be tried. The accused did not plead guilty and claimed
trial.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 13 of 95
32. In support of its case, the prosecution got examined
PW1 Surender Singh Rawat, PW2 Dharmender Singh Rawat, PW3
Constable (Ct.) Mukesh Meena, PW4 Assistant Sub-Inspector (ASI)
Israil Khan, PW5 Dr. Antara Deb Barman, Senior Resident,
Department of Forensic Medicine, AIIMS, New Delhi, PW5A Head
Constable (HC) Mansukh (two witnesses viz., Dr. Antara Deb
Barman and HC Mansukh have been numbered as PW5, due to
inadvertence. In order to clarify the situation, PW HC Mansukh who
has been examined as PW5, later, shall hereinafter be read as PW5A.
Likewise, two documents viz., application for post mortem and
photocopy of entry in Malkhana register have been numbered as
Ex.PW5/A. In command to clarify, the copy of Malkhana register
shall hereinafter be read as Ex.PW5A/A), PW6 Dr. Varun, Senior
Resident, Department of Forensic Medicine, AIIMS, New Delhi,
PW7 Inspector Mukesh Kumar Jain, PW8 Constable (Ct.) Naval
Kishor, PW9 Sub-Inspector (SI) Lakmi Chand, PW10 Sub-Inspector
(SI) Rajiv, PW11 Dr. Om Prakash, Senior Resident, General Surgery,
AIIMS, New Delhi, PW12 Head Constable (HC) Puneet, PW13
Dheeraj Bhardwaj, Senior Scientific Assistant (Biology), FSL
Rohini, New Delhi, PW14 Santosh Tripathy, Senior Scientific
Officer (Chemistry), FSL Rohini, New Delhi, PW15 Inspector Satish
Chandra, PW16 Om Prakash, PW17 Ajay Kumar (Nodal Officer)
Bharti Airtel Ltd., PW18 Aman Rajput, CCTNS, Computer Operator.
During the examination of the prosecution witnesses, the documents
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 14 of 95
Ex.PW1/A, Ex.PW1/B, Ex.PW2/A, Ex.PW4/A, Ex.PW4/B,
Ex.PW4/C, Ex.PW4/D, Ex.PW5/A, Ex.PW5/A, Ex.PW5A/A,
Ex.PW5A/B, Ex.PW5A/C, Ex.PW5A/D, Ex.PW5A/E, Ex.PW5A/F,
Ex.PW6/A, Ex.PW7/A, Ex.PW8/A, Ex.PW8/B, Ex.PW8/C,
Ex.PW8/D, Ex.PW8/E, Ex.PW8/F, Ex.PW8/G, Ex.PW8/H,
Ex.PW9/A, Ex.PW10/A, Ex.PW10/C, Ex.PW10/D, Ex.PW10/E,
Ex.PW10/F, Ex.PW11/A, Ex.PW11/B, Ex.PW12/A (colly),
Ex.PW12/B (colly), Ex.PW13/A, Ex.PW13/B (colly), Ex.PW14/A,
Ex.PW15/A, Ex.PW15/B, Ex.PW15/C, Ex.PW15/D, Ex.PW17/A,
Ex.PW17/B, Ex.PW17/C, Ex.PW18/A (colly), Ex.PW18/B and case
properties Ex.P1, Ex.P2, Ex.P3, Ex.P4, Ex.P5(colly), Ex.P6(colly),
Ex.P7(colly), Ex.P8(colly), Ex.P9, Ex.P10, Ex.P11, Ex.P12, Ex.P13a
to Ex.P13e, Ex.P14a to Ex.P14c, Ex.MOX (colly) were also tendered
in evidence.
33. On 07.04.2025, prosecution evidence was closed and
matter was posted for examination of the accused Pawan Shukla
under section 313 Cr.P.C. and for his statement.
34. On 28.04.2025, this Court examined the accused Pawan
Shukla under section 313 Cr.P.C. and his separate statement was
recorded. During his examination under section 313 of Cr.P.C., the
accused Pawan Shukla denied the correctness of incriminating
circumstances appearing in the evidence against him. During his
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 15 of 95
examination under section 313 of Cr.P.C., the accused Pawan Shukla
took the defence that he is innocent and he has been falsely
implicated in the present case by the police in order to solve a blind
murder case and he did not do anything wrong. The accused Pawan
Shukla did not express his desire to lead evidence in his defence.
35. I have heard Mr. Jagdamba Pandey, Additional Public
Prosecutor for the State and Mr. M. Nabi, Advocate for the accused
Pawan Shukla and have gone through the record of the case
carefully.
36. Having drawn my attention on the testimonies of PW1
Surender Singh Rawat, PW2 Dharmender Singh Rawat, PW3 Ct.
Mukesh Meena, PW4 ASI Israil Khan, PW5 Dr. Antara Deb Barman,
PW5 HC Mansukh, PW6 Dr. Varun, PW7 Inspector Mukesh Kumar
Jain, PW8 Ct. Naval Kishor, PW9 SI Lakmi Chand, PW10 SI Rajiv,
PW11 Dr. Om Prakash, PW12 HC Puneet, PW13 Dheeraj Bhardwaj,
PW14 Santosh Tripathy, PW15 Inspector Satish Chandra, PW16 Om
Prakash, PW17 Ajay Kumar (Nodal Officer), PW18 Aman Rajput;
and the documents Ex.PW1/A, Ex.PW1/B, Ex.PW2/A, Ex.PW4/A,
Ex.PW4/B, Ex.PW4/C, Ex.PW4/D, Ex.PW5/A, Ex.PW5/A,
Ex.PW5A/A, Ex.PW5A/B, Ex.PW5A/C, Ex.PW5A/D, Ex.PW5A/E,
Ex.PW5A/F, Ex.PW6/A, Ex.PW7/A, Ex.PW8/A, Ex.PW8/B,
Ex.PW8/C, Ex.PW8/D, Ex.PW8/E, Ex.PW8/F, Ex.PW8/G,
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 16 of 95
Ex.PW8/H, Ex.PW9/A, Ex.PW10/A, Ex.PW10/C, Ex.PW10/D,
Ex.PW10/E, Ex.PW10/F, Ex.PW11/A, Ex.PW11/B, Ex.PW12/A
(colly), Ex.PW12/B (colly), Ex.PW13/A, Ex.PW13/B (colly),
Ex.PW14/A, Ex.PW15/A, Ex.PW15/B, Ex.PW15/C, Ex.PW15/D,
Ex.PW17/A, Ex.PW17/B, Ex.PW17/C, Ex.PW18/A (colly),
Ex.PW18/B and case properties Ex.P1, Ex.P2, Ex.P3, Ex.P4,
Ex.P5(colly), Ex.P6(colly), Ex.P7(colly), Ex.P8(colly), Ex.P9,
Ex.P10, Ex.P11, Ex.P12, Ex.P13a to Ex.P13e, Ex.P14a to Ex.P14c,
Ex.MOX (colly), the learned Additional Public Prosecutor for the
State has submitted that the crushed dead-body of the deceased was
recovered and near the body, one slip was recovered which was
having two mobile numbers and during investigation, it was revealed
that one of the mobile number was of the lady, namely, Anjana
Halder. It is further submitted that Smt. Anjana Halder identified the
dead-body to be of friend of her husband and also informed that her
husband was admitted in Nasha-Mukti Kendra. It is further
submitted that when the accused was contacted and interrogated in
Nasha Mukti Kendra, he disclosed about his involvement in the
commission of offence in the present case and also got recovered his
blood stained clothes and as per FSL (DNA) report, the blood of the
deceased matched with the blood-stains found on the clothes of the
accused. It is further submitted that as per the evidence of PW1
Surender Singh Rawat, father of the deceased, the accused had come
to their home had taken the deceased with him on 17.01.2018 and the
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 17 of 95
dead-body of the deceased was recovered in the intervening night of
18/19.01.2018 and as per postmortem report, the time and date of
death of the deceased was on 17.01.2018. It is further submitted that
as per the subsequent opinion, death of the deceased could have been
caused by the stones recovered. It is further submitted that the
accused believed that the deceased used to talk to his wife in his
absence, gave him the motive to commit the crime and first they
drunk together and one card was recovered from the pocket of the
deceased which was having mobile number of the wife of the
accused which gave him a reason to kill the deceased. It is further
submitted that the accused got himself admitted in the Nasha-Mukti
Kendra in the night of 17.01.2018 to save himself from the case. It is
further submitted that as per the viscera report of the deceased,
alcohol was found in the body of the deceased. It is further submitted
that the accused made two disclosure statements and in first
disclosure statement, he has implicated one Chhota Narsimha also
and during second disclosure statement, he disclosed that he had
named Chhota Narsimha in first disclosure statement just to confuse
the investigation.
37. Per contra, learned counsel for the accused Pawan
Shukla has drawn my attention on the testimonies of PW1 Surender
Singh Rawat, PW2 Dharmender Singh Rawat, PW3 Ct. Mukesh
Meena, PW4 ASI Israil Khan, PW5 Dr. Antara Deb Barman, PW5
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 18 of 95
HC Mansukh, PW6 Dr. Varun, PW7 Inspector Mukesh Kumar Jain,
PW8 Constable Naval Kishor, PW9 SI Lakmi Chand, PW10 SI
Rajiv, PW11 Dr. Om Prakash, PW12 HC Puneet, PW13 Dheeraj
Bhardwaj, PW14 Santosh Tripathy, PW15 Inspector Satish Chandra,
PW16 Om Prakash, PW17 Ajay Kumar (Nodal Officer), PW18
Aman Rajput; and the documents Ex.PW1/A, Ex.PW1/B,
Ex.PW2/A, Ex.PW4/A, Ex.PW4/B, Ex.PW4/C, Ex.PW4/D,
Ex.PW5/A, Ex.PW5/A, Ex.PW5A/A, Ex.PW5A/B, Ex.PW5A/C,
Ex.PW5A/D, Ex.PW5A/E, Ex.PW5A/F, Ex.PW6/A, Ex.PW7/A,
Ex.PW8/A, Ex.PW8/B, Ex.PW8/C, Ex.PW8/D, Ex.PW8/E,
Ex.PW8/F, Ex.PW8/G, Ex.PW8/H, Ex.PW9/A, Ex.PW10/A,
Ex.PW10/C, Ex.PW10/D, Ex.PW10/E, Ex.PW10/F, Ex.PW11/A,
Ex.PW11/B, Ex.PW12/A (colly), Ex.PW12/B (colly), Ex.PW13/A,
Ex.PW13/B (colly), Ex.PW14/A, Ex.PW15/A, Ex.PW15/B,
Ex.PW15/C, Ex.PW15/D, Ex.PW17/A, Ex.PW17/B, Ex.PW17/C,
Ex.PW18/A (colly), Ex.PW18/B and case properties Ex.P1, Ex.P2,
Ex.P3, Ex.P4, Ex.P5(colly), Ex.P6(colly), Ex.P7(colly),
Ex.P8(colly), Ex.P9, Ex.P10, Ex.P11, Ex.P12, Ex.P13a to Ex.P13e,
Ex.P14a to Ex.P14c, Ex.MOX (colly) and the law laid down in
judgments Parasa Koteswararao v. Eede Sree Hari and others (2017)
11 SCC 52, Jabir v. State of Uttarakhand (2023) 16 SCC 111,
Shailendra Rajdev Pasvan and Others v. State of Gujarat and Others,
(2020) 14 SCC 750, Ravi and another v. State of Karnataka (2018)
16 SCC 102 and submitted that this case is based on circumstantial
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 19 of 95
evidence. It is further submitted that PW1 Surender Singh Rawat
(father of the deceased) could not tell the correct date on which the
deceased was taken from his house by the accused. It is further
submitted that PW2 Dharmender Singh Rawat (brother of the
deceased) could not tell with whom the deceased had left his home.
It is further submitted that there is no evidence to prove that the
accused was admitted in the Nasha-Mukti Kendra on 17.01.2018. It
is further submitted that the circumstances and the evidence shows
that the deceased had not gone with the accused. It is further
submitted that there is no evidence to connect the accused with the
commission of crime. It is further submitted that from 14.01.2018 to
18.01.2018, the accused was admitted in Nasha-Mukti Kendra and
this fact could have easily been proved by examining caretaker of the
Nasha Mukti Kendra, however, the prosecution has examined the
manager of Nasha Mukti Kendra.
38. I have given my thoughtful consideration to the
submissions made on behalf of the parties.
39. The accused has been charged for the offence
punishable under section 302 I.P.C. Section 302 IPC provides for
punishment of murder. Whereas, the offence of murder has been
defined under section 300 IPC. Section 300 IPC reads as follows: –
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 20 of 95
“300. Murder. – Except in the cases hereinafter excepted,
culpable homicide is murder, if the act by which the death is
caused is done with the intention of causing death, if-
Secondly.- If it is done with the intention of causing such
bodily injury as the offence knows to be likely to cause the
death of the person to whom the harm is caused, or-
Thirdly.- If it is done with the intention of causing bodily
injury to any person and the bodily injury intended to be
inflicted is sufficient in the ordinary course of nature to
cause death, or-
Fourthly.- If the person committing the act knows that it is
so imminently dangerous that it must, in all probability,
cause death or such bodily injury as is likely to cause death,
and commits such act without any excuse for incurring the
risk of causing death or such injury as aforesaid.”
40. The facts of the case have already been noticed earlier,
here, I would like to only focus on the evidence that has been
adduced by the prosecution.
41. To bring home the guilt of the accused, the prosecution
had examined nineteen (19) witnesses.
42. PW1 Surender Singh Rawat has deposed that he was
residing in Delhi along with his family for the past about 25-30 years
and at the time of the incident, he was working as Halwai. It is
further deposed by PW1 Surender Singh Rawat that he has four sons
and two daughters, out of which his one son had already died due to
illness about two years from this incident and the deceased Devender
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 21 of 95
Singh Rawat @ Debu @ Chavanni was his youngest son, aged about
22-23 years at the time of his death. It is further deposed by PW1
Surender Singh Rawat that his son Devender used to accompany him
sometimes to his work and his son Devender Singh Rawat @ Debu
@ Chavanni had become acquainted with the accused Pawan present
in the Court and the accused Pawan was alcoholic and as such his
son Devender Singh Rawat @ Debu @ Chavanni had also started
consuming alcohol in the company of the accused. It is further
deposed by PW1 Surender Singh Rawat that he used to make his son
Devender Singh Rawat @ Debu @ Chavanni understand not to take
liquor with the accused and he also used to ask his son to leave the
company of the accused but his son did not listen to him. It is further
deposed by PW1 Surender Singh Rawat that he did not remember the
exact date but it might be on 15.01.2018, 16.01.2018 or 17.01.2018
at about 11.00 a.m., the accused Pawan had come to his house and
had called his son Debu and thereafter, his son had accompanied
him. It is further deposed by PW1 Surender Singh Rawat that since
then, his son did not return home and he had waited for two days for
the return of his son and thought of lodging a complaint of his
missing on 19.01.2018. It is further deposed by PW1 Surender Singh
Rawat that at about 03:00 a.m. on 19.01.2018, some police officials
had come to his house and they had told them that his son Devender
Singh Rawat @ Debu @ Chavanni lying unconscious in AIIMS
Hospital and they had further told them that doctors had asked for
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 22 of 95
blood for which his elder son Dharmender had accompanied them
and he had returned after sometime and told him that he was taken to
police station by the police from where he was sent back to home
directing him to come back to police station from where he had
accompanied them to AIIMS Hospital and at about 09:00-10:00 a.m.,
he along with his sons had gone to AIIMS Hospital, where they had
seen the dead-body of his son Devender Singh Rawat @ Debu @
Chavanni and had identified the same. It is further deposed by PW1
Surender Singh Rawat that the postmortem on the body of his son
was got conducted and he had identified his dead-body vide
statement (Ex.PW1/A) and after the postmortem, the dead-body of
his son was handed over to them vide receipt (Ex.PW1/B).
43. PW2 Dharmender Singh Rawat has deposed that the
deceased Devender @ Debu @ Chavanni was his younger brother
and he along with his father and other family members including the
deceased were residing at the above address for the last about five
years. It is further deposed by PW2 Dharmender Singh Rawat that on
the intervening night of 18/19.01.2018 at about 03.00 a.m., some
police officials had come to his house and had told him that his
brother Devender @ Debu @ Chavanni had met with an accident and
they had asked him to accompany them. It is further deposed by
PW2 Dharmender Singh Rawat that he had gone to the police station
Badarpur along with them and in the police station, he was shown
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 23 of 95
one photograph which he identified being of his brother Devender @
Debu @ Chavanni. It is further deposed by PW2 Dharmender Singh
Rawat that he was told by the police officials in the police station
that he had to come again to police station to give blood for his
brother and in the morning at about 10.00 a.m., he along with his
father had gone to the police staiton where they were informed that
his brother Devender @ Debu @ Chavanni had died. It is further
deposed by PW2 Dharmender Singh Rawat that they were taken to
AIIMS Hospital and they saw the dead-body of his brother in the
mortuary of AIIMS Hospital and had identified the same vide his
statement (Ex.PW2/A) and after the postmortem, the dead-body was
handed over to them vide receipt (Ex.PW1/B). It is further deposed
by PW2 Dharmender Singh Rawat that he did not know when and
with whom his deceased brother had gone but he had gone on the
morning of 17.01.2018. During cross-examination conducted by Ld.
Addl. PP for the State, he admitted that he was interrogated by the
police.
44. PW3 Constable Mukesh Meena has deposed that on
18.01.2018, he was on night duty and at about 3.00 or 03.30 a.m.,
duty officer ASI Israil Khan had given him the copies of FIR of this
case to be delivered at the house of Illaqa Magistrate and other senior
officers, accordingly, he had taken computerized copy of the FIR and
delivered the same in house of Illaqa Magistrate and senior officers
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 24 of 95
and thereafter, he had returned. It is further deposed by PW3
Constable Mukesh Meena that he had gone on government
motorcycle.
45. PW4 ASI Israil Khan has deposed that on 18.01.2018,
he was working as duty officer from 04.00 p.m. to 12:00 a.m.
(midnight). It is further deposed by PW4 ASI Israil Khan that on that
day at about 04:15 p.m., Ct. Naval Kishore had come to police
station and had informed him that a male dead-body is lying in an
empty pit near Sunday Market, Jaitpur Mor. It is further deposed by
PW4 ASI Israil Khan that he had recorded this information vide DD
No.39A (Ex.PW4/A), true copy of which was already lying in the
Court file. It is further deposed by PW4 ASI Israil Khan that he has
also brought the photocopy of the said DD (Ex.PW4/B) and after
recording this information, the said DD was handed over to SI Rajiv
Kumar who left the spot along with Ct. Naval Kishore. It is further
deposed by PW4 ASI Israil Khan that he had brought the said facts to
the notice of the SHO, who also left for the spot along with the staff
and government vehicle, thereafter, on the same day at about 11:00
p.m., Ct. Naval Kishore had brought rukka to him sent by SI Rajiv
on the basis of which, he got recorded FIR (Ex.PW4/C), made
endorsement (Ex.PW4/D) on rukka and issued certificate u/s 65B of
the Indian Evidence Act (Ex.PW4/C) regarding the authenticity of
the FIR. It is further deposed by PW4 ASI Israil Khan that after the
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 25 of 95
registration of FIR, the investigation of this case was entrusted to
Inspector Satish Chander and he had handed over the copy of FIR
and rukka to him. It is further deposed by PW4 ASI Israil Khan that
he had also sent the copies of FIR to Ilaka Magistrate and senior
officials through Ct. Mukesh who had left the police station on
government motorcycle No.DL-1SAA-9377.
46. PW5 Dr. Antara Deb Barman, SR, Dept of Forensic
Medicine, AIIMS, New Delhi has deposed that on 19.01.2018 on
receipt of an application (Ex. PW5/A) of the investigating officer to
Head of Deptt, which was marked to him and Dr. Varun Chandran,
SR. It is further deposed by PW5 Dr. Antara Deb Barman that he had
started conducting autopsy on the body of Devender Singh Rawat @
Debu @ Chawani son of Surender Singh Rawat, aged 23 years, male
and along with application of the investigating officer, 11 inquest
papers were also annexed. It is further deposed by PW5 Dr. Antara
Deb Barman that he and Dr. Varun had started autopsy on 19.1.18 at
3.10 p.m. and concluded the same on the same day at 04.30 p.m and
as per inquest papers, there was alleged history of dead-body of a
male was seen in vacant plot near 100/B2, Mohan Cooperative,
Badarpur at about 4.15pm on 18.01.18 and was taken to AIIMS New
Delhi where he was declared as ‘brought dead’ at 9.27 p.m. vide
MLC No. 572/18. It is further deposed by PW5 Dr. Antara Deb
Barman that according to the police there was evidence sustaining
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 26 of 95
head injury on the body and two blood-stained stones were present
nearby. It is further deposed by PW5 Dr. Antara Deb Barman that
during the postmortem, he found 13 external injuries mentioned in
detail in his PMR and aspirated blood was present at posterior aspect
in both the lungs. It is further deposed by PW5 Dr. Antara Deb
Barman that after the postmortem, the viscera as mentioned from
point A to A in his detailed PMR, was preserved. It is further deposed
by PW5 Dr. Antara Deb Barman that the time of death was about 36
to 48 hours and the cause of death in his opinion was crush injury
sustained to cranio-cerebral region by a blunt force impact, could be
possible by dropping or hitting by a heavy stone, however, viscera
have been preserved to rule out concomitant poisoning or
intoxication. PW5 Dr. Antara Deb Barman has prepared his detailed
PMR (Ex.PW5/A).
47. PW5A HC Mansukh has deposed that on 19.01.2018,
Inspector Satish Chandra had deposited five sealed exhibits duly
sealed with the seal of ‘SC’ vide seizure memo exhibits place of
incident. It is further deposed by PW5A HC Mansukh that he has
also deposited seven sealed exhibits duly sealed with the seal of ‘SC’
vide seizure memo exhibits, he also deposited eleven (11) sealed
exhibits sealed with the seal of Department of Forensic Medicine,
AIIMS New Delhi along with the sample seal. It is further deposed
by PW5A HC Mansukh that he has also deposited viscera box duly
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 27 of 95
sealed with the seal of Department of Forensic Medicine, AIIMS
New Delhi along with the sample seal vide seizure memo, viscera
and sample seal and has also deposited two other sealed pullandas
vide seizure memo Shirt, pant, jacket, blade regarding which he had
made an entry (Ex.PW5/A) in Register No.19 at Sl. No.2571,
thereafter on 20.01.2018, Inspector Satish Chandra had deposited
one sealed pullanda sealed with the seal of CMO, AIIMS Hospital
along with the sample seal regarding which he had made an entry at
Sl. No.2572 (Ex.PW5/B). It is further deposed by PW5A HC
Mansukh that on 20.03.2018, vide RC No. 31/21/18, three sealed
parcels along with the sample seal were sent to AIIMS through
constable Sohanvir regarding which he had made an entry in Register
No.19 from point A to A on (Ex.PW5A/A) and the photocopy of RC
No.31/21/18 was exhibited as (Ex.PW5A/C). It is further deposed by
PW5A HC Mansukh that constable Sohanvir had produced the
received copy of RC to him, photocopy of which was exhibited as
(Ex.PW5A/D). It is further deposed by PW5A HC Mansukh that on
02.11.2018, constable Kailash was handed over viscera box to be
taken to FSL vide RC No.124/21/18, the photocopy of which was
exhibited as (Ex.PW5A/E) and after depositing the same, Ct. Kailash
had produced the acknowledgment of case acceptance to him,
photocopy of which was exhibited as (Ex.PW5A/F). It is further
deposed by PW5A HC Mansukh that he had made an entry to this
effect in register No.19 from point B to B on (Ex.PW5A/A). It is
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 28 of 95
further deposed by PW5A HC Mansukh that the case-property
remained intact till it remained in his possession and it was not
tampered with in any manner.
48. PW6 Dr. Varun, SR, Dept of Forensic Medicine, AIIMS,
New Delhi has deposed that on 19.1.2018, on receipt of an
application (Ex. PW5/A) of the investigating officer to Head of
Deptt, which was marked to him and Dr. Antara, SR, they had started
conducting autopsy on the body of Devender Singh Rawat @ Debu
@ Chawani son of Surender Singh Rawat, aged 23 years, male and
along with application of the investigating officer 11 inquest papers
were also annexed. It is further deposed by PW6 Dr. Varun that he
and Dr. Antara had started autopsy on 19.01.18 at 03.10 p.m. and had
concluded the same on the same day at 04.30 p.m and as per inquest
papers, there was alleged history of dead-body of a male was seen in
vacant plot near 100/B2, Mohan Cooperative, Badarpur at about
04.15 p.m. on 18.01.18 and was taken to AIIMS New Delhi where he
was declared as ‘brought dead’ at 09.27 p.m. vide MLC No. 572/18.
It is further deposed by PW6 Dr. Varun that according to the police,
there was evidence sustaining head injury on the body and two
blood-stained stones were present nearby. It is further deposed by
PW6 Dr. Varun that during the postmortem, they had found thirteen
(13) external injuries mentioned in detail in his PMR. It is further
deposed by PW6 Dr. Varun that aspirated blood was present at
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 29 of 95
posterior aspect in both the lungs and after the postmortem, the
viscera as mentioned from point A to A in their detailed PMR, was
preserved and handed over to the investigating officer in sealed
condition. It is further deposed by PW6 Dr. Varun that the time of
death was about 36 to 48 hours before and the cause of death in his
opinion was crush injury sustained to cranio-cerebral region by a
blunt force impact, could be possible by dropping or hitting by a
heavy stone, however, viscera have been preserved to rule-out
concomitant poisoning or intoxication and the detailed PMR was
exhibited as (Ex.PW5/A). It is further deposed by PW6 Dr. Varun
that on 21.3.2018 an application of the investigating officer seeking
subsequent opinion was received in the department and was marked
to him along with the application of the investigating officer and the
attested copy of the FIR, attested copy of inquest papers, carbon
copy of RC No.30/21/18, attested copy of seizure memo of weapon,
attested copy of PMR No.102/18, a round sample seal with writing
S.C. were received. It is further deposed by PW6 Dr. Varun that the
investigating officer has also submitted a sealed plastic container
containing alleged weapon (blade) and two sealed pullandas
containing stones and requested to opine on the stone and blade. It is
further deposed by PW6 Dr. Varun that on 04.04.2018, after going
through the documents and seeing the above stones and blade, he
opined as follows:
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 30 of 95
1) The fatal injuries caused to the deceased (mentioned in the PMR)
could be caused by the alleged weapons i.e. the concrete block and
the stones.
2) The article produced in the plastic container is not a sharp edged
weapon like blade as mentioned in the request, but a folded
aluminum foil like thing.
3) The hair tufts seen over the concrete block and stone and the dark
brown stain present over the surfaces of stone could be the tissues of
the deceased. Confirmation can be made by doing relevant
biological/serological tests including DNA analysis in the forensic
science laboratories.
4) Chemical examination of the folded aluminum foil like thing can
be conducted to find out the traces of drug/drugs used, if any.
49. It is further deposed by PW6 Dr. Varun that the
investigating officer was advised to send the alleged weapons and
other articles to the CFSL/FSL Lab for biological/chemical analysis
and after examination, he resealed the above exhibits with the seal of
hospital and returned to the investigating officer and his detailed
subsequent opinion dated 04.04.18 was exhibited as Ex.PW6/A.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 31 of 95
50. PW7 Inspector Mukesh Kumar Jain, draughtsman has
deposed that on 13.03.2018, he was posted as draughtsman at police
station Hauz Khas, New Delhi and on that day, on the request of the
investigating officer/Inspector Satish Chander, he had gone to the
police station Badarpur, from where he along with the investigating
officer and few other police officials had gone to the spot i.e. vacant
plot No.99/B-2, Mohan Co-operative main Road, Badarpur, New
Delhi adjacent to plot no.100/B-2. It is further deposed by PW7
Inspector Mukesh Kumar Jain that he had inspected the spot and had
taken the measurements and prepared the rough notes with the help
of the investigating officer of the case, thereafter, he had come back
to his office and had prepared the scaled site-plan (Ex.PW7/A) on the
basis of abovesaid rough notes and measurements and after the
preparation of scaled site-plans, the rough notes etc. were destroyed.
51. PW8 Ct. Naval Kishor has deposed that on 18.01.2018,
he was working as beat constable in Badarpur Terminal and some
companies in his beat were lying vacant in which some thieves,
robbers, drug addicts enters and his duty was to check those persons
in those vacant companies/places. It is further deposed by PW8 Ct.
Naval Kishor that on 18.01.2018, while patrolling for the above, at
about 04:00 p.m., he had gone to check a vacant plot at Mathura
Road near Jaitpur Mor where at the end of the plot, he had found one
dead person whose face was stained with blood. At this, he made a
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 32 of 95
call to Duty Officer, however, his phone was busy so, he had
immediately gone to police station and had informed Duty
Officer/ASI Israil Khan in this regard who had recorded his above
information vide DD No.39A, thereafter, he along with SI Rajiv had
come to the above spot and crime-team was called. It is further
deposed by PW8 Ct. Naval Kishor that other police staff had also
reached there and the crime-team had inspected the spot, thereafter,
SI Rajiv and Ct. Ram Ji Lal had taken the dead-body to Hospital and
had returned at about 10:15 p.m. and thereafter, SI Rajiv had
prepared and handed over rukka to him for the registration of FIR. It
is further deposed by PW8 Ct. Naval Kishor that along with the
rukka, he had reached at police station and got FIR registered from
ASI Israil Khan, thereafter, he had returned to the spot along with the
investigating officer/Inspector Satish Chandra. It is further deposed
by PW8 Ct. Naval Kishor that Inspector Satish Chandra had prepared
site-plan on the pointing out of SI Rajiv, thereafter, one half burnt
blood-stained vest of white colour lying at the spot was lifted and
pullanda of the same was prepared and the same was marked as A. It
is further deposed by PW8 Ct. Naval Kishor that from the spot, the
match sticks and a match box having some sticks, a silver paper pipe
lying under the hand of the dead-body were also lifted and kept in a
plastic box and pullanda of the same was prepared with the help of
doctor tape and it was marked as Mark B, thereafter, one small
polythene pack of water which was blood-stained of Make Tripti
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 33 of 95
allegedly found near the dead-body was also lifted and was kept in a
plastic box and the pullanda of the same was prepared with the help
of surgical tape. It is further deposed by PW8 Ct. Naval Kishor that
this pullanda was marked as C, thereafter, the blood lying at the spot
was lifted with the help of cotton and was kept in a plastic dibi
pullanda of which was prepared with the help of surgical tape and
was marked as Mark D, thereafter, from the spot shoes of black
colour having white colour vest and multi colour shocks found near
the foot of the said dead-body were also lifted and were kept in a
cloth pullanda and this pullanda was marked as Mark E and all the
pullandas were sealed with the seal of ‘SC’ and they were seized vide
memo (Ex.PW8/A). It is further deposed by PW8 Ct. Naval Kishor
that the investigating officer had lifted blood-stained hair from the
concrete stone from the spot and kept the blood-stained hair in a
white colour paper and kept the said paper in a plastic dibi pullanda
of which was prepared with the help of surgical tape and marked it as
Mark F. It is further deposed by PW8 Ct. Naval Kishor that the
investigating officer has also lifted the pieces of blood-stained
concrete stone from the spot after breaking it with the help of
chhenni and hammer and kept in a plastic dibi pullanda of which was
prepared with the help of surgical tape and marked as Mark G. It is
further deposed by PW8 Ct. Naval Kishor that the investigating
officer has also lifted a small piece of concrete stone taken out as a
part from a big concrete stone and kept it in a plastic dibi pullanda of
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 34 of 95
which was prepared with the help of surgical tape and marked as H.
It is further deposed by PW8 Ct. Naval Kishor that he had also lifted
one big concrete stone and had kept it in a white piece of cloth and
marked this pullanda as Mark-I. It is further deposed by PW8 Ct.
Naval Kishor that the investigating officer has also lifted one big
stone (not concrete) which was stained with the blood and the part of
the blood-stained stone was broken with the help of chhenni and
hammer and blood-stained part, thereafter, was kept in a plastic dibi
pullanda of which was prepared with the help of surgical tape and
marked as Mark-J. It is further deposed by PW8 Ct. Naval Kishor
that the investigating officer has also lifted a concrete piece after
breaking it from a big stone lying there and kept it in a plastic dibi
pullanda of which was prepared with the help of surgical tape and
marked as Mark-K. It is further deposed by PW8 Ct. Naval Kishor
that the investigating officer has also lifted one big stone and kept it
in a piece of cloth and marked this pullanda as Mark-L. It is further
deposed by PW8 Ct. Naval Kishor that all above pullandas were
sealed with the seal of ‘SC’ and seized vide memo (Ex.PW8/B),
thereafter for the identification of the deceased separate teams were
organized, however, no clue could be found, thereafter, again at
about 02.00 a.m. (midnight) with the help of search light, the
investigating officer had again searched the spot during which one
card was found upon which some numbers were written and the said
card was seized by the investigating officer vide memo (Ex.PW8/C),
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 35 of 95
thereafter, the investigating officer had searched the said numbers
which were written on the said card and the number written on the
said card was found to be in the name of Anjana, resident of
Bhumihin Camp, Govind Puri from where they had come to know
that Anjana resides in Lakarpur, thereafter, they had gone to
Lakarpur and they had made inquiries from Anjana and the
photograph of the deceased which was taken on the mobile phone by
the investigating officer was shown to her. It is further deposed by
PW8 Ct. Naval Kishor that she had identified the deceased as Debu
@ Chawani, friend of her husband Pawan Shukla, resident of Tajpur
Pahari, Badarpur and the wife of the accused had told that the
accused was in rehabilitation center as he was addict and he was in
Nasha Mukti Kendra in Govind Puri, thereafter, they had reached at
Nasha Mukti Kendra, Govind Puri where they had come to know
that Pawan Shukla got himself admitted there on the night of
17.01.2018. It is further deposed by PW8 Ct. Naval Kishor that
Pawan Shukla was called who is present in Court and the photograph
of the deceased on the mobile phone of the investigating officer was
shown to the accused and on seeing the said photographs, the
accused had told that he did not know the deceased, at this, the
accused was told that his wife had identified the deceased as his
friend and at this, the accused had also identified the deceased that it
was the photograph of his friend Debu, thereafter, they had brought
the accused to the police station. It is further deposed by PW8 Ct.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 36 of 95
Naval Kishor that the accused was interrogated and then was arrested
vide memo (Ex.PW8/D), his personal search was conducted vide
memo (Ex.PW8/E) and the disclosure statement (Ex.PW8/F) of the
accused was recorded. During the interrogation, the accused had
disclosed that perhaps the deceased was talking to his wife and that
the accused along with the deceased and one another person Chota
Narsima were taking liquor and Debu had taken the intoxication first
of all and when he lie down, his pockets were checked from which
one card having written the mobile number of his wife was found
and at this, his suspicion turned into reality and thereafter, the
accused thought of killing the deceased and thereafter, the accused
Pawan and his friend Chotta Narsima had committed the murder of
Debu with the help of various stones lying there and that the neck of
the deceased was cut with the help of blade. It is further deposed by
PW8 Ct. Naval Kishor that the accused had further disclosed that he
could point out the said spot of the incident and that he could get
recover the blade, clothes worn by him at the time of the incident
which got blood-stained and which clothes the accused had thrown
on the left side of MB Road under Railway bridge, thereafter, the
accused had led them to the spot of incident and had pointed out the
spot of incident, thereafter, the accused had led them to the Railway
Bridge, Prahladpur, MB Road left side where he had thrown his
blood-stained clothes and the blade lying in said clothes in a bag. It
is further deposed by PW8 Ct. Naval Kishor that the accused had
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 37 of 95
pointed out towards the bag which was found containing one blue
colour shirt, one grey colour pant and one red colour jacket. It is
further deposed by PW8 Constable Naval Kishor that there was
blood marks on all three clothes and there was one matchbox in the
right pocket of the above jacket containing a blade and thereafter, the
clothes and the blade of the accused were sealed with the seal of ‘SC’
seized vide memo (Ex.PW8/G). It is further deposed by PW8 Ct.
Naval Kishor that they had also tried to search out chotta Narshima
at the instance of the accused but they could not succeed, thereafter,
they had returned to the police station and the accused was locked-up
in the lock-up, thereafter, he had again joined the investigation of this
case on 20.01.2018 and on that day, the accused was produced in the
Court and he was remanded to one day PC, thereafter, the accused
was got medically examined in AIIMS Hospital. It is further deposed
by PW8 Ct. Naval Kishor that the blood sample of the accused was
taken by the doctor and was handed over to him by the doctor along
with the sample seal which was seized by the investigating officer
vide seizure memo (Ex.PW8/H), thereafter, they along with the
accused had gone for the search of Chotta Narshima at Badarpur
Terminal and Bypass at the behest of the accused, however, he could
not be searched and they had returned to the police station at about
11:00 p.m. PW8 Ct. Naval Kishor has correctly identified one white
burnt baniyan (Ex. P1), one match box and small silver pipe (Ex.P2),
one polythene water pouch having few brownish stains (Ex.P3),
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 38 of 95
cotton wool swab having dark brownish stains (Ex.P4), one pair of
shoes with socks (Ex.P5 colly.), bunch of hair wrapped in a paper
(Ex.P6 colly.), concrete pieces with few strands of hair (Ex.P7colly.),
one small control concrete piece (Ex.P8 colly.), one concrete stone
having darker stains (Ex.P9), one solid stone piece (Ex.P10), one
control solid stone piece (Ex.P11), one stone having dark stains
(Ex.P12), one jacket, one T shirt, one sweater, one jeans pant with
belt and one underwear Marked Ex.22a-22e and exhibited as
Ex.P13a to P13e and stated that the same were found on body of the
deceased, one jacket, one shirt and one pant Marked which were
exhibited as Ex.P14a to P14c and stated that the same were found
worn by the accused.
52. PW9 SI Lakmi Chand has deposed that on 18.01.2018,
he was posted as in-charge crime-team, SED, C.R. Park, New Delhi
and on that day, on receipt of an information from control room, he
along with the Ct. Anand, Fingerprint Proficient and Ct. Mahesh, the
photographer had reached at vacant plot adjacent to 100/B-2, Mohan
Cooperative, Badarpur, New Delhi near Jaitpur Mor where he had
found SI Rajiv, Inspector Satish Chander and other staff present there
and he had found one dead-body on the stones and it was appearing
on seeing the said dead-body that the head of the dead-body had been
crushed with the stone. It is further deposed by PW9 SI Lakmi
Chand that there was blood on the face and the body upto around the
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 39 of 95
waist of the said body. It is further deposed by PW9 SI Lakmi Chand
that one empty water wrapper, Frooti wrapper along with its straw,
blood-stained stones, silver foil papers and match-sticks with the
matchbox and one half brunt waist of Make Signature Royal, black
colour shoes and multi-colour socks near the foot of the body were
found lying. It is further deposed by PW9 SI Lakmi Chand that the
photographer had taken the photographs of the said spot from
various angles and he had lifted the above exhibits including the
earth-control etc. and handed over the same to SI Rajiv. It is further
deposed by PW9 SI Lakmi Chand that he had inspected the spot
from 06:45 p.m. to 08:00 p.m. and no finger prints could be lifted
despite their best efforts as the spot was as such. It is further deposed
by PW9 SI Lakmi Chand that he prepared his detailed report of
inspection (Ex.PW9/A) and had handed over the report to the
investigating officer.
53. PW10 SI Rajeev has deposed that on 18.01.2018, he
was posted in police station Badarpur as SI and on that day, he had
received DD No.39A dated 18.01.2018 regarding lying of male dead-
body in a pit near Sunday Market, Jaitpur Mor, New Delhi,
thereafter, he along with Ct. Nawal Kishore had reached at the spot
i.e. open pit having small gooses near plot no.100/B-2, Main
Mathura Road, Jatipur Mor, Badarpur, New Delhi. It is further
deposed by PW10 SI Rajeev that dead-body of person was lying in
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 40 of 95
the pit having injury on the head and blood was visible near the head
and the face. It is further deposed by PW10 SI Rajeev that the head
of body was in East direction and legs were in the West direction and
near the dead-body, there was a half burnt baniyan having blood-
stains. It is further deposed by PW10 SI Rajeev that on the four
fingers of right hand of dead-body, word “R, D, R, D” were inscribed
and near the head of the dead-body, two big stones having blood-
stains were also lying. It is further deposed by PW10 SI Rajeev that
below the right hand of the dead-body, pipe of silver paper and
match-sticks and matchbox were also lying. It is further deposed by
PW10 SI Rajeev that he had informed senior officers about the
situation at the spot and beat staff Ct. Ramji Lal and HC Jai Kishan
had also reached at the spot. It is further deposed by PW10 SI Rajeev
that senior officers along with their staffs had also reached at the spot
and he had also informed crime-team which reached and inspected
the spot. It is further deposed by PW10 SI Rajeev that at the spot, he
had tried to establish the identity of the dead-body but no clue was
found, thereafter, he had left HC Jai Kishan for the preservation of
the spot and he along with Ct. Ramji Lal had taken the dead-body to
AIIMS Hospital, where concerned doctor had declared it ‘brought
dead’ vide MLC No.572/2018 and the dead-body was preserved in
the AIIMS mortuary through Ct. Ramji Lal and he had returned to
the spot. It is further deposed by PW10 SI Rajeev that since the death
was appearing to be homicidal, he, after endorsing the DD No.39A,
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 41 of 95
had prepared rukka (Ex.PW10/A) and got the FIR registered through
Ct. Nawal Kishore and after registration of FIR, the investigation
was marked to Inspector Satish Chandra who along with Ct. Nawal
Kishore had reached at the spot and the investigating
officer/Inspector Satish Chandra, after inspecting the spot, had
prepared site-plan at the instance of Ct. Nawal and himself. It is
further deposed by PW10 SI Rajeev that at the spot with the help of
crime-team members, the investigating officer/Inspector Satish
Chandra had seized blood-stained hair pasted on a big concrete stone
lying near the head of dead-body by placing it in a white paper and
keeping it in a plastic box and wrapping with surgical tape and
sealing with the seal of “SC”. It is further deposed by PW10 SI
Rajeev that the investigating officer Inspector Satish Chandra had
also seized blood-stained stone part from big concrete stone lying
near the head of dead-body by keeping it in a plastic box and
wrapping with surgical tape and sealing with the seal of ‘SC’. It is
further deposed by PW10 SI Rajeev that the investigating officer
Inspector Satish Chandra had also seized stone part as control from
the same big concrete stone lying near the head of dead-body by
keeping it in a plastic box and wrapping with surgical tape and
sealing with the seal of ‘SC’. It is further deposed by PW10 SI
Rajeev that the investigating officer/Inspector Satish Chandra had
also seized the said big concrete stone lying near the head of dead-
body by keeping it in a white cloth and sealing with the seal of ‘SC’.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 42 of 95
It is further deposed by PW10 SI Rajeev that the investigating officer
Inspector Satish Chandra had also seized blood-stained stone part
from big stone (not concrete) lying near the head of dead-body by
keeping it in a plastic box and wrapping with surgical tape and
sealing with the seal of ‘SC’. It is further deposed by PW10 SI
Rajeev that the investigating officer/Inspector Satish Chandra had
also seized stone part as control from the same big stone (not
concrete) lying near the head of dead-body by keeping it in a plastic
box and wrapping with surgical tape and sealing with the seal of
‘SC’. It is further deposed by PW10 SI Rajeev that the investigating
officer/Inspector Satish Chandra had also seized the said big stone
(not concrete) lying near the head of dead-body by keeping it in a
white cloth and sealing with the seal of ‘SC’. It is further deposed by
PW10 SI Rajeev that the investigating officer had given the aforesaid
pullandas from Mark No.F to L respectively and had seized them
vide seizure memo (Ex.PW8/B). It is further deposed by PW10 SI
Rajeev that the investigating officer with the help of crime-team
members had also seized the semi-burnt baniyan in a white cloth
pullanda sealed with the seal of ‘SC’. It is further deposed by PW10
SI Rajeev that the investigating officer had also seized the match-box
and match sticks lying at the spot along with silver paper pipe in a
plastic box with the help of doctor tape sealed with the seal of ‘SC’.
It is further deposed by PW10 SI Rajeev that the investigating officer
had also seized one polythene water pouch Make ‘Tripti’ having
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 43 of 95
blood-stains in a plastic box with the help of doctor tape sealed with
the seal of ‘SC’. It is further deposed by PW10 SI Rajeev that the
investigating officer had also seized the blood lying on the spot lifted
with the help of cotton swab and sealed it in a plastic box with the
help of doctor tape sealed with the seal of ‘SC’. It is further deposed
by PW10 SI Rajeev that the investigating officer had also seized one
pair of shoes Make “vans” and one pair of socks lying near the legs
of the dead-body in a white cloth pullanda sealed with the seal of
‘SC’. It is further deposed by PW10 SI Rajeev that the investigating
officer had given aforesaid pullandas from Mark A to Mark E
respectively and had seized vide seizure memo (Ex PW8/A),
thereafter, the spot was again inspected with help of dragon light. It
is further deposed by PW10 SI Rajeev that during inspection, in the
middle of the said big pit, three torn pieces of business card of a
sanitary and hardware store on the backside of which mobile number
8802259044 and 8448753269 has been written and one card on
which on one side mobile number 8448759269 A and mobile number
750324440 which was struck off was written. It is further deposed by
PW10 SI Rajeev that on the other side of said card (Ex.P1), number
7503244408 D.K., 7503243907 D.K. and 813019842-A were written
which were seized by the investigating officer in the present case
vide seizure memo (Ex.PW8/C). It is further deposed by PW10 SI
Rajeev that the abovesaid card on which aforesaid numbers were
written on both sides was lying on the judicial file which was shown
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 44 of 95
to the witness which was correctly identified by him, thereafter, on
the instructions of the investigating officer, several teams were
constituted for the identification of the dead-body. It is further
deposed by PW10 SI Rajeev that he had also taken the photograph of
the dead-body and had gone to several places in the neighbourhood
and at Tajpur Pahari area, he had met with one Dharmender Rawat
who had identified the photograph of the dead-body as belonging to
his brother namely Devender @ Debu @ Chavani. It is further
deposed by PW10 SI Rajeev that he had brought Dharmender Rawat
to the police station and in the morning, the investigating officer
Inspector Satish Chandra had reached police station along with the
accused Pawan Shukla. It is further deposed by PW10 SI Rajeev that
Dharmender Rawat had identified the accused and had told the
investigating officer that his brother deceased Devender @ Debu was
friend of the accused and they used to remain together and last time
deceased was seen with the accused as the accused had come to call
the deceased at his house and from where they both had gone,
thereafter, the investigating officer had sent him for conduction of
postmortem of deceased and he had reached AIIMS hospital where
he had got conducted postmortem vide his request letter
(Ex.PW5/A). It is further deposed by PW10 SI Rajeev that the Form
No.25.35 (1B) (Ex.PW10/C) bears his signature at point A and he
had also got identified the dead-body from its relatives and had
recorded statement (Ex.PW1/A and Ex.PW2/A) and after
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 45 of 95
postmortem, dead-body was handed over to its father vide handing
over memo (Ex.PW1/B). It is further deposed by PW10 SI Rajeev
that he had also seized sealed viscera of the deceased along with
sample seal of AIIMS hospital from AIIMS hospital through Ct.
Ramji Lal vide seizure memo (Ex.PW8/H) and he had also seized ten
exhibits duly sealed with the seal of AIIMS hospital along with
sample seal pertaining to the deceased after its production to him
through Ct. Ramji Lal vide seizure memo (Ex.PW10/D), thereafter,
they had returned to the police station and had handed over all the
exhibits and documents to the ΙΟ. It is further deposed by PW10 SI
Rajeev that the investigating officer had interrogated the accused
Pawan Shukla who told that he had killed the deceased with the help
of Chota Narshima, as the accused had suspicion of illicit
relationship between his wife and the deceased and the investigating
officer had recorded detailed disclosure statement of accused
(Ex.PW8/F). It is further deposed by PW10 SI Rajeev that the
accused had also led them and pointed out the spot, and the
investigating officer had prepared pointing out memo (Ex.PW10/E)
and the investigating officer had also requested few public persons to
join the investigation while leaving the police station with the
accused as well as after reaching the spot but none of them agreed. It
is further deposed by PW10 SI Rajeev that pursuant to disclosure
statement, accused had led them to M.B. Road near railway bridge,
Pul Prahlpad Pur and had indicated the spot on the left side of
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 46 of 95
railway bridge on MB Road from Badarpur to Pul Prahlad Pur where
he had thrown his blood-stained clothes along with a bag and the
blade. It is further deposed by PW10 SI Rajeev that at the instance of
the accused and upon his production, the investigating officer had
seized one bag containing one shirt, one pant, one jacket, all stained
with blood and in the right side of the pocket of the jacket, one match
box make Ladli was also found which was checked. It is further
deposed by PW10 SI Rajeev that inside the matchbox, one blade
having blood-stains was found i.e. matchbox along with blade was
kept in a plastic box and the remaining clothes were put in the same
bag and bag was sealed in a cloth pullanda. It is further deposed by
PW10 SI Rajeev that both the plastic box containing matchbox and
blade and cloth pullanda were sealed with the seal of ‘SC’ and were
given Mark W & X respectively and had seized vide seizure memo
(Ex.PW8/G) and the accused was admitted to police cusotdy. It is
further deposed by PW10 SI Rajeev that on 21.01.2018, upon
interrogation, the accused had disclosed that Chota Narmisha had
never associated him in the present case and the investigating officer
had recorded the disclosure statement (Ex.PW10/F). It is further
deposed by PW10 SI Rajeev that the investigating officer had
recorded his statement u/s 161 Cr.P.C and PW10 SI Rajeev has
correctly identified the accused. PW10 SI Rajeev has also correctly
identified one white burnt baniyan and torn cloth pullanda (Ex.P1) as
seized in the present case. PW10 SI Rajeev has also correctly
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 47 of 95
identified one match box and small silver pipe (Ex.P2), one
polythene water pouch having few brownish stains (Ex.P3), cotton
wool swab having dark brownish stains (Ex.P4), one pair of shoes
with socks (Ex.P5 colly), bunch of hair wrapped in a paper in open
plastic container (Ex.P6 colly), concrete pieces with few strands of
hair (Ex.P7 colly), one small control concrete piece (Ex.P8 colly),
one concrete stone having darker stains (Ex.P9), one solid stone
piece (Ex.P10), one control solid stone piece (Ex.P11), one stone
having dark stains in opened plastic clothes (Ex.P12), one JACKET,
one T shirt, one sweater, one jeans pant with belt and one underwear
(Ex.P13a to P13e) were found on body of the deceased and one
JACKET, one shirt and one pant (Ex.P14a to P14c) were found worn
by the accused, all seized in the present case. PW10 SI Rajeev has
deposed that all the case-properties were seized in the present case.
54. PW11 Dr. Om Parkash, Senior Resident, General
Surgery, AIIMS, New Delhi has deposed that he has been working as
SR in AIIMS since August 2016 and has been deputed by Dr. Anurag
Srivastava, HOD (Surgery) vide authorization letter (Ex.PW11/B) to
depose in the Court as Dr. B.R. Konuri has left the services of the
hospital whose whereabouts were not available in the office. It is
further deposed by PW11 Dr. Om Parkash that he has seen MLC
No.572/18 of unknown, male 25 years (Ex.PW11/A) which was
prepared by Dr. B.R. Konuri and as per MLC, the patient was
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 48 of 95
brought dead and no external injury was found. PW11 Dr. Om
Parkash has identified the signature of Dr. B.R. Konuri at point A as
he had worked with him.
55. PW12 HC Puneet has deposed that on 18.01.2018 he
was posted as photographer with crime-team South-East District and
he along with SI Lakhmi Chand (In-charge crime-team) and Ct.
Anand (finger print proficient) had gone to 100-B-2, Badarpur, near
Jaitpur, Delhi. It is further deposed by PW12 HC Puneet that he had
clicked 16-17 photographs of the spot from different angels and had
handed over the negatives to the investigating officer. It is further
deposed by PW12 HC Puneet that twenty-eight (28) photographs
(Ex.PW12/A colly.) were clicked by him and seventeen (17)
negatives (Ex.PW12/B colly.) and his statement was recorded by the
investigating officer.
56. PW13 Dheeraj Bharadwaj, Sr. Scientific Assistant
(Biology), FSL Rohini, New Delhi has deposed that he was working
as above since September 2004 and he has reported more than 700
cases related to biological and DNA examination. It is further
deposed by PW13 Dheeraj Bharadwaj that on 24.01.2019, twenty-
four sealed parcels were received in DNA unit of the FSL Rohini and
same were marked to me for examination. It is further deposed by
PW13 Dheeraj Bharadwaj that seals on all the parcels were intact
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 49 of 95
and tallying with the specimen seal provided and on 03.05.2019, he
opined and examined all the parcels. It is further deposed by PW13
Dheeraj Bharadwaj that on biological examination, blood was
detected on exhibits 1, 2, 3, 4, 6, 7, 9, 10, 12, 15, 18, 19, 20, 21, 22a,
22b, 22c, 22d, 22e, 23a, 23b, 23c and 24 and blood could not be
detected on exhibit 5, 8, 11, 13, 14, 16, 17 and semen could not be
detected on exhibits from 13 to17, 22a, 22b, 22c, 22d and 22e. It is
further deposed by PW13 Dheeraj Bharadwaj that the exhibits no. 1,
2, 3, 4, 6, 7, 9, 10, 12, 15, 18, 19, 20, 21, 22a, 22b, 22c, 22d, 22e,
23a, 23b, 23c and 24 were subjected to DNA isolation and DNA was
isolated from the exhibit no. 3, 18, 19, 21, 22a, 22b, 22c, 22d, 22e,
23a, 23b, 23c and 24 and DNA profile was generated from the
exhibit 3, 18, 19, 21, 22a, 22b, 22c, 22d, 22e, 23a, 23b, 23c and 24
and he opined:-
57. 1. The blood stains present on the source of exhibits 3,
18, 19, 22a, 22b, 22c, 22d, 22e, 23a, 23b and 23c are from the same
source of exhibit no. 21.
58. 2. The blood stains present on the source of exhibits 3,
18, 19, 22a, 22b, 22c, 22d, 22e, 23a, 23b and 23c are not from the
same source of exhibit no.24.
59. It is further deposed by PW13 Dheeraj Bharadwaj that
after examination of the exhibits, the remnants of the exhibits were
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 50 of 95
sealed with the seal of DB FSL DELHI and his detailed report was
exhibited as (Ex.PW13/A colly.) (running into 4 pages) and the
Annexure 1 i.e. allelic data of the exhibits was exhibited as
(Ex.PW13/B colly.) (running into 2 pages).
60. PW14 Santosh Tripathy, Sr. Scientific Officer,
Chemistry, FSL Rohini, Delhi has deposed that since 29.06.2010, he
has examined more than 3500 cases and he has been deputed by
HOD FSL, Rohini to appear on behalf of Dr. Nirajan Bailiar Singh to
prove the FSL report No.2018/C-10346 dated 31.12.2018
(Ex.PW14/A) prepared by Dr. Nirajan Bailiar Singh, Sr. Scientific
Officer, Chemistry. It is further deposed by PW14 Santosh Tripathy
that the said Dr. Nirajan Bailiar Singh had left the services to take the
job at CFSL Hyderabad and he had worked with him and seen him
while signing and writing in due course of duty, so he identified his
handwriting and signatures at point ‘A’ on FSL report.
61. PW15 Inspector Satish Chandra has deposed that on
18.01.2018, the investigation of the present case was entrusted to
him after registration of the FIR. It is further deposed by PW15
Inspector Satish Chandra that the copy of the FIR and original rukka
were handed over to him by the duty officer whose name he did not
remember, thereafter, he along with Ct. Naval Kishor had reached
the place of incident at about 12.05 a.m. It is further deposed by
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 51 of 95
PW15 Inspector Satish Chandra that the SHO P.S. Badarpur, SI
Rajeev, ASI Bhoop Singh were already present at the spot and he had
also prepared site-plan at the instance of SI Rajeev vide memo
(Ex.PW15/A). It is further deposed by PW15 Inspector Satish
Chandra that he firstly called the district crime-team and the team
had visited the scene of crime and had carried out its inspection vide
report (Ex.PW9/A) and lifted the exhibits as described in the crime
report (Ex.PW9/A). It is further deposed by PW15 Inspector Satish
Chandra that the said exhibits were taken into possession in different
parcels, sealed with the seal of ‘SC’ which were seized vide two
seizure memo (Ex.PW8/B and Ex.PW8/C). It is further deposed by
PW15 Inspector Satish Chandra that they had also conducted
inspection of scene of crime with the help of dragon light and during
that course, a visiting card turned into pieces was recovered from
near the vacant plot at a distance of 10 meter from the place where
the dead-body was lying. It is further deposed by PW15 Inspector
Satish Chandra that he had taken the same into possession vide
seizure memo (Ex.PW8/C) and they had made a call on the telephone
number found printed on the said car and car was attended by a lady
who revealed his name as Anjana Halder. It is further deposed by
PW15 Inspector Satish Chandra that after receiving the call from the
police, she got scared and did not reveal her address however, they
had found her address from the service provider of the said mobile
number and it was found to be at Bhumiheen Camp Govind Puri,
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 52 of 95
thereafter, he along with ASI Bhoop and Ct. Naval had visited the
said address and uncle of the said lady was found present there and
he had revealed to them that the lady Anjana Halder was residing at
village, Lakarpur, Faridabad Haryana. It is further deposed by PW15
Inspector Satish Chandra that they had gone there and said lady was
found already there and since the visiting card having her mobile
phone was recovered from the spot, he had showed the photographs
of the deceased on mobile phone and Anjana Halder had revealed the
identity of the deceased to be the friend of her husband. It is further
deposed by PW15 Inspector Satish Chandra that Anjana Halder had
also revealed her name as Debu @ Chawanni and had also revealed
to them that the deceased was living somewhere near Jaitpur Mor,
Badarpur Road. It is further deposed by PW15 Inspector Satish
Chandra that he had apprised the said fact to the SHO and had
requested him to depute the staff to find out the address of the
deceased and the said lady had further revealed that her husband
Pawan Shukla (now accused) was admitted in Nasha Mukti Kendra,
Govind Puri. It is further deposed by PW15 Inspector Satish Chandra
that from the said place, they had straightway gone to Nashra Mukti
Kendra and her husband Pawan Shukla was found at Nasha Mukti
Kendra. It is further deposed by PW15 Inspector Satish Chandra that
they had showed him the photographs of the deceased but he had
feigned ignorance about him, thereafter, they had also showed the
fingers of the right hand of the deceased having word ‘RDRD’
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 53 of 95
tattooed on the four fingers of the hand of the deceased. It is further
deposed by PW15 Inspector Satish Chandra that after seeing the said
fingers, the accused got perplexed, thereafter, they had confronted
him with the identity of the deceased as revealed by his wife. It is
further deposed by PW15 Inspector Satish Chandra that it was
thereafter, he admitted and revealed the identity of the deceased as
his friend and his name was revealed by him as ‘Debu’. It is further
deposed by PW15 Inspector Satish Chandra that the accused had also
misled them that he had got himself admitted there four days ago but
they had confronted the said facts with the Manager of Nasha Mukti
Kendra, he had revealed that he was admitted there on 17.01.2018. It
is further deposed by PW15 Inspector Satish Chandra that they had
brought the accused to police station Badarpur, interrogated and
arrested the accused vide arrest memo (Ex.PW8/D), his personal
search was also conducted vide memo (Ex.PW8/E). It is further
deposed by PW15 Inspector Satish Chandra that during
interrogation, whatever was disclosed by the investigating officer, he
had recorded the same vide disclosure statement (Ex.PW8/F). It is
further deposed by PW15 Inspector Satish Chandra that pursuant to
disclosure statement, accused had led to the place of occurrence and
had pointed out the place vide pointing out memo (Ex.PW10/E) and
pursuant to disclosure statement (Ex.PW8/F) as disclosed by him at
point D to D that the accused could get recovered blood-stained
clothes which he was wearing as well as the blade used in the said
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 54 of 95
offence, the accused led the police team to a place in bush M.B.
Road after crossing the railway pul and had got recovered a carry bag
containing his shirt pants, jacket and the said blade. It is further
deposed by PW15 Inspector Satish Chandra that the said blade was
kept in a matchbox and had converted the said articles into parcels,
sealed them with the seal of ‘SC’ and had seized them vide common
seizure memo (Ex.PW8/G). It is further deposed by PW15 Inspector
Satish Chandra that SI Rajeev and Ct. Naval remained with him
during the said proceedings and from the place of recovery, they had
returned to police station and he had deposited the case property with
the malkhana. It is further deposed by PW15 Inspector Satish
Chandra that the medical examination of the accused was also got
conducted and thereafter, the accused was lodged in the police lock-
up of P.S. Sarita Vihar and he had also deposited the exhibits lifted
from the scene of crime. It is further deposed by PW15 Inspector
Satish Chandra that on the next day, the accused was produced
before the concerned Court and he had obtained his one day police
custody remand. It is further deposed by PW15 Inspector Satish
Chandra that during the course of interrogation of the accused, the
accused had further disclosed vide disclosure statement (Ex.PW8/F)
that he had suspicion that the deceased had an affair with his wife
and that on the day of incident when he had along with the deceased
Debu and Narsimha were taking some intoxicating substance (nasha
kar rahe the), the deceased had lost his senses and the said Narsimha
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 55 of 95
had taken out a visiting card from the pocket of the shirt of the
deceased and that accused Pawan had seen the same and found that
the mobile number of wife of accused Pawan was written thereon
and thereafter, his suspicion regarding affair of deceased’s wife got
confirmed and that thereafter, he had killed the deceased with the
stone and also used the said blade and it was a same card which was
recovered from the scene of crime. It is further deposed by PW15
Inspector Satish Chandra that they had obtained police custody
remand of the accused to trace out Narsimha as revealed by the
accused but during that course, the accused had further disclosed that
he has misled them regarding involvement of Narsimha and had
recorded his supplementary disclosure statement (Ex.PW8/F). It is
further deposed by PW15 Inspector Satish Chandra that the accused
was produced before the concerned Court on 21.01.2018 and the
postmortem of the body of the deceased was got conducted by SI
Rajeev and he had also taken into possession the viscera of the
deceased given to him by Ct. Ramji Lal vide seizure memo
(Ex.PW8/H) and the exhibits pertaining to the deceased were also
taken into possession by SI Rajeev vide seizure memo
(Ex.PW10/B). It is further deposed by PW15 Inspector Satish
Chandra that during, the course of investigation, he had got
conducted the medical examination of the accused Pawan Shukla
vide MLC (Ex.PW15/B) through Ct. Naval Kishor and during that
course his blood sample was also taken and the same was given to
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 56 of 95
Ct. Naval Kishor who had further handed over it to him in sealed
condition along with sample seal which he had seized vide seizure
memo (Ex.PW15/C) and all the proceedings qua said PM report was
conducted by SI Rajeev. It is further deposed by PW15 Inspector
Satish Chandra that he had also got prepared scaled site-plan
(Ex.PW7/A) by Inspector Mukesh Jain. It is further deposed by
PW15 Inspector Satish Chandra that during the course of
investigation, he had also got collected the PM Report and he had
also obtained the previous involvement report of the accused from
SCRB Delhi vide report (Ex.PW15/D) and he had also got sent
exhibits pertaining to the case to FSL for examination through a
police official, however he did not remember his name. It is further
deposed by PW15 Inspector Satish Chandra that during the course of
investigation, he had also obtained the CDR and obtained CDRs of
two mobile numbers i.e. 8448xxxxxx and 8130xxxxxx which were
issued in the name of wife of the accused Pawan Shukla, namely,
Anjana Haldar. It is further deposed by PW15 Inspector Satish
Chandra that during investigation, it had come out that the mobile
number 8448xxxxxx was being used by the accused Pawan Shukla
and on the day of incident, location of said mobile number at about
03:00 p.m. was found near Ashram Chowk, Delhi and thereafter, its
location was found at about 07:46 p.m. in the area of Govindpuri,
Delhi. It is further deposed by PW15 Inspector Satish Chandra that
during personal search of the accused Pawan Shukla, one mobile
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 57 of 95
phone make Samsung was recovered and he had duly mentioned the
IMEI number of the mobile phone and Airtel SIM number found
active in the mobile phone on personal search memo (Ex.PW8/A). It
is further deposed by PW15 Inspector Satish Chandra that the mobile
number 8448xxxxxx was found active in the aforesaid Samsung
mobile phone found in possession of the accused Pawan Shukla and
was taken into police possession and during investigation, he had
sent weapon of offence i.e. stones and blade to AIIMS Hospital for
subsequent opinion and had obtained the subsequent opinion
(Ex.PW6/A) given by Dr. Varun Chandran A, which he had placed
on file. It is further deposed by PW15 Inspector Satish Chandra that
he had examined the witnesses and had recorded their statement u/s
161 Cr.P.C. and during investigation, he had got sent the case-
property to FSL and after completion of investigation, he had
prepared charge-sheet against the accused Pawan Shukla u/s 302 IPC
and submitted in the Court. It is further deposed by PW15 Inspector
Satish Chandra that after receiving of FSL reports of present case, he
had filed the same through supplementary charge-sheet in the Court
and the photographs (Ex.PW12/A colly.) of the spot were placed on
the judicial file. PW15 Inspector Satish Chandra has correctly
identified the accused Pawan Shukla present in the Court.
62. PW15 Inspector Satish Chandra has correctly identified
one white burnt baniyan and torn cloth pullanda (Ex.P1) as seized in
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 58 of 95
the present case. PW15 Inspector Satish Chandra has also correctly
identified one match box and small silver pipe (Ex.P2), one
polythene water pouch having few brownish stains (Ex.P3), cotton
wool swab having dark brownish stains (Ex.P4), one pair of shoes
with socks (Ex.P5 colly), bunch of hair wrapped in a paper in open
plastic container (Ex.P6 colly), concrete pieces with few strands of
hair (Ex.P7 colly), one small control concrete piece (Ex.P8 colly),
one concrete stone having darker stains (Ex.P9), one solid stone
piece (Ex.P10), one control solid stone piece (Ex.P11), one stone
having dark stains in opened plastic clothes (Ex.P12), one JACKET,
one T shirt, one sweater, one jeans pant with belt and one underwear
(Ex.P13a to P13e) were found on body of the deceased and one
JACKET, one shirt, one pant (Ex.P14a to P14c) were found worn by
the accused and three pieces of the card having two mobile numbers
(Ex.MOX colly.) and one peice of paper having mobile numbers
written on both sides of it (Ex.P1). PW15 Inspector Satish Chandra
has deposed that all the case-properties were seized in the present
case.
63. PW16 Om Prakash has deposed that from the year 2011
to 2018, he was the Director/founder member of Jeevan Raksha
Foundation situated at House No.138/15, near Sheetla Mata Mandir,
Tuglakabad, Delhi. It is further deposed by PW16 Om Prakash that it
was a drug de-addiction centre and one person, namely, Pawan used
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 59 of 95
to come to his de-addiction centre earlier and in the monthy of
January, 2018, also Pawan had visited his de-addiction centre and
after his coming to their de-addiction centre, on the next day, the
police had come to his centre and had made inquiry from Pawan,
thereafter, they had also made inquiry from Pawan regarding some
murder case. It is further deposed by PW16 Om Prakash that the
police had recorded his statement to this effect and he has correctly
identified the accused Pawan present in the Court.
64. PW17 Ajay Kumar, Nodal Officer, Bharti Airtel Limited
has deposed that he was working as Nodal Officer, Bharti Airtel
Limited, Delhi-NCR Division since 2007 and has brought Customer
Application Form (CAF) (Ex.PW17/A) of mobile number
8448759269 registered in the name of Anjana Halder D/o Ajit
Halder. It is further deposed by PW17 Ajay Kumar that his certificate
u/s 65B of Indian Evidence Act (Ex.PW17/B) regarding taking out
aforesaid Customer Application Form from the data of their
computer source of their office. It is further deposed by PW16 Om
Prakash that he was directed to bring CDR of aforesaid mobile
number pertaining to period from 01.01.2018 to 20.01.2018, but as
per their policy, they were not in a possession of CDR for that period
and had given his written reply (Ex.PW17/C).
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 60 of 95
65. PW18 Aman Rajput has deposed that he has been
working as CCTNS Computer Operator in police station Badarpur,
Delhi for the last three years. It is further deposed by PW18 Aman
Rajput that on 16.09.2024, on the instructions of Inspector Ganesh
Kumar, police station Badarpur, he had taken out printout of CDR of
mobile number 8448759269 for the period of 01.01.2018 to
18.01.2018 (Ex.PW18/A colly. (running into 28 pages) which were
received on the government email ID of SHO police station Badarpur
‘[email protected]‘ along with relevant emails requesting for
and receiving aforesaid CDR. PW18 Aman Rajput has issued
certificate u/s 63(4)(c) of Bhartiya Sakshya Adhiniyam, 2023
(Ex.PW18/B) to aforesaid effect regarding taking out aforesaid
printouts from the computer source of police station Badarpur.
66. In the light of the charge framed against the accused and
the arguments advanced before the Court, following are the points
for determination:
1. Whether the accused has caused death of the
deceased Devender @ Debu, with the intention of causing
death, or with the intention of causing such bodily injury
as the offender knows to be likely to cause death of the
person to whom harm is caused., or with the intention of
causing bodily injury to any person and the bodily injuryFIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 61 of 95
intended to be inflicted is sufficient in the ordinary course
of nature to cause death., or with the knowledge that the
fact is so imminently dangerous that it must in all
probability cause death, or such bodily injury as is likely to
cause death.
DISCUSSION ON THE POINTS FOR DETERMINATION
67. On these points, to prove the commission of offence, the
testimonies of PW1 Surender Singh Rawat, PW2 Dharmender Singh
Rawat, PW4 ASI Israil Khan, PW8 Ct. Naval Kishore, PW10 SI
Rajiv and PW15 Inspector Satish Chandra are relevant.
68. In the present case, the criminal justice system was set
into motion on receiving of an information in the police station
Badarpur which was recorded vide DD No.39A
(Ex.PW4/A). As per the testimonies of PW4 ASI Israil Khan, on
18.01.2018 at about 04:15 p.m., Ct. Naval Kishore had come to the
police station and informed that dead body of a male person was
lying in an empty pit near Sunday market, Jaitpur Mor and the said
information was recorded by him vide DD no.39A (Ex.PW4/A) and
the said DD was marked to SI Rajiv. PW4 ASI Israil Khan was
working as Duty Officer on 18.01.2018 and he has proved the DD
No. 39A(Ex.PW4/A).
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 62 of 95
69. PW8 Ct. Naval Kishore has proved the fact of giving
information thereby informing the police about the dead body of the
deceased lying at the spot. As per testimonies of PW8 Ct. Naval
Kishore on 18.01.2018, he was working as beat Constable in
Badarpur Terminal and some companies in his beat were lying
vacant in which some thieves, robbers, drug addicts would enter and
his duty was to check those persons in those vacant
companies/places. It is also in the evidence of PW8 Ct. Naval Kishor
that on 18.01.2018, while patrolling for the above at about 04:00
p.m., he had gone to check a vacant plot at Mathura Road near
Jaitpur Mor where at the end of the plot, he had found one dead
person whose face was stained with blood and he had made a call to
Duty Officer, however, his phone was busy so, he had immediately
gone to police station and had informed Duty Officer/ASI Israil
Khan in that regard who had recorded his above information vide
DD No.39A and thereafter, he along with SI Rajiv had gone to the
above spot.
70. As per the testimonies of PW10 SI Rajiv, on 18.01.2018
on receiving of DD no.39A, he along with Ct. Naval Kishore beat
constable had gone to spot i.e. open pit having small gooses near plot
no.100/B-2, Main Mathura Road, Jaitpur Mor, Badarpur, New Delhi.
It is also in evidence of PW10 SI Rajeev that dead-body of person
was lying in the pit was having injury on the head and blood was
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 63 of 95
visible near the head and the face. It is also in evidence of PW10 SI
Rajeev that the head of body was in the East direction and legs were
in the West direction and near the dead-body, there was a half burnt
baniyan having blood-stains. It is also in evidence of PW10 SI
Rajeev that on the four fingers of right hand of dead-body, word “R,
D, R, D” were inscribed and near the head of the dead-body, two big
stones having blood-stains were also lying. It is also in evidence of
PW10 SI Rajeev that below the right hand of the dead-body, pipe of
silver paper and match-sticks and matchbox were also lying. It is
also in evidence of PW10 SI Rajeev that he had informed senior
officers about the situation at the spot and beat staff Ct. Ramji Lal
and HC Jai Kishan had also reached at the spot. It is further deposed
by PW10 SI Rajeev that senior officers along with their staffs had
also reached at the spot and he had also informed crime-team which
reached and inspected the spot. It is also in evidence of PW10 SI
Rajeev that at the spot, he had tried to establish the identity of the
dead-body but no clue was found.
71. It is also in the evidence of PW10 SI Rajiv that leaving
HC Jai Kishan for the preservation of the spot and he along with Ct.
Ramji Lal had taken the dead-body to AIIMS Hospital, where
concerned doctor had declared it ‘brought dead’ vide MLC
No.572/2018 and the dead-body was preserved in the AIIMS
mortuary through Ct. Ramji Lal and he had returned to the spot.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 64 of 95
72. Regarding registration of FIR, testimonies of PW3 Ct.
Mukesh Meena, PW4 ASI Israil Khan, PW8 Ct. Nawal Kishore and
PW10 SI Rajeev are relevant.
73. It is in the evidence of PW10 SI Rajeev that since, the
death had appeared to be homicidal, therefore, he had made
endorsement on the DD No.39A, prepared rukka (Ex.PW10/A) and
got the FIR registered through Ct. Nawal Kishore and after
registration of FIR, the investigation was assigned to Inspector Satish
Chandra who along with Ct. Nawal Kishore had reached at the spot.
The above testimonies of PW10 SI Rajiv have been corroborated by
PW8 Ct. Nawal Kishore, who had accompanied SI Rajiv when he
reached the spot after receiving DD and he has proved the fact of
receiving rukka and going to the police station for registration of
FIR.
74. PW10 SI Rajeev has proved the rukka for registration of
FIR. PW8 Ct. Nawal Kishore has proved the fact of taking of rukka
to the police station for registration of FIR. PW4 ASI Israil Khan
who was working as Duty Officer in the police station on 18.01.2018
has proved that he had made endorsement (Ex.PW4/B) on the rukka
and got the FIR registered by the computer operator, the copy of
which is Ex.PW4/C and he had given certificate (Ex.PW4/E)
regarding the correctness of contents of FIR.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 65 of 95
75. PW3 Ct. Mukesh Meena had delivered copies of FIR to
the residences of the Illaqa Magistrate and Senior Officers. As per
the testimonies of PW3 Ct. Mukesh on 18.01.2018 at about 03/03:30
a.m., the Duty Officer ASI Israil Khan had given him the copies of
FIR to be delivered to the residences of the above-said officers and
accordingly, he had delivered the same.
76. From the testimonies of PW3 Ct. Mukesh Meena, PW4
ASI Israil Khan, PW8 Ct. Nawal Kishore and PW10 SI Rajeev, the
prosecution has been successful in proving the registration of FIR
against the accused persons. During the cross-examination of
prosecution witnesses and in the course of arguments, the registration
of FIR against the accused persons have not been disputed by the
defence counsel. No delay in the registration of FIR has been pointed
out by the defence.
77. It is important to note here that there is no eyewitness of
the crime committed in the present case.
78. The prosecution has also set up the present case on the
basis of last seen together theory against the accused Pawan Shukla
and pursuant to the disclosure made by the accused Pawan Shukla
regarding his involvement in the commission of crime in the present
case and discovery of the blood-stained clothes of the accused.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 66 of 95
79. The Hon’ble Supreme Court in Ram Gopal v. State of
Madhya Pradesh, 2023 LiveLaw (SC) 120 has analysed various
judgments on last seen theory and held as follows:
6. It may be noted that once theory of “last seen together” was
established by the prosecution, the accused was expected to offer
some explanation as to when and under what circumstances he
had parted the company of the deceased. It is true that the burden
to prove the guilt of the accused is always on the prosecution,
however in view of Section 106 of the Evidence Act, when any
fact is within the knowledge of any person, the burden of proving
that fact is upon him. Of course, Section 106 is certainly not
intended to relieve the prosecution of its duty to prove the guilt
of the accused, nonetheless it is also equally settled legal position
that if the accused does not throw any light upon the facts which
are proved to be within his special knowledge, in view of Section
106 of the Evidence Act, such failure on the part of the accused
may be used against the accused as it may provide an additional
link in the chain of circumstances required to be proved against
him. In the case based on circumstantial evidence, furnishing or
non-furnishing of the explanation by the accused would be a very
crucial fact, when the theory of “last seen together” as
propounded by the prosecution was proved against him.
In case of Rajender vs. State (NCT of Delhi), it
was observed as under:
“12.2.4. Having observed so, it is crucial to note that the
reasonableness of the explanation offered by the accused as to
how and when he/she parted company with the deceased has a
bearing on the effect of the last seen in a case, Section 106 of
the Evidence Act, 1872 provides that the burden of proof for
any fact that is especially within the knowledge of a person lies
upon such person. Thus, if a person is last seen with the
deceased, he must offer an explanation as to how and when he
parted company with the deceased. In other words, he must
furnish an explanation that appears to the court to be probable
and satisfactory, and if he fails to offer such an explanation on
the basis of facts within his special knowledge, the burden castFIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 67 of 95
upon him under Section 106 is not discharged. Particularly in
cases resting on circumstantial evidence, if the accused fails to
offer a reasonable explanation in discharge of the burden placed
on him, such failure by itself can provide an additional link in
the chain of circumstances proved against him. This, however,
does not mean that Section 106 shifts the burden of proof of a
criminal trial on the accused. Such burden always rests on the
prosecution. Section 106 only lays down the rule that when the
accused does not throw any light upon facts which are specially
within his/her knowledge and which cannot support any theory
or hypothesis compatible with his innocence, the court can
consider his failure to adduce an explanation as an additional
link which completes the chain of incriminating circumstances.”
In Satpal Vs. State of Haryana, this Court observed
as under: –
“6. We have considered the respective submissions and the
evidence on record. There is no eyewitness to the occurrence
but only circumstances coupled with the fact of the deceased
having been last seen with the appellant. Criminal jurisprudence
and the plethora of judicial precedents leave little room for
reconsideration of the basic principles for invocation of the last
seen theory as a facet of circumstantial evidence. Succinctly
stated, it may be a weak kind of evidence by itself to found
conviction upon the same singularly. But when it is coupled
with other circumstances such as the time when the deceased
was last seen with the accused, and the recovery of the corpse
being in very close proximity of time, the accused owes an
explanation under Section 106 of the Evidence Act with regard
to the circumstances under which death may have taken place.
If the accused offers no explanation, or furnishes- a wrong
explanation, absconds, motive is established, and there is
corroborative evidence available inter alia in the form of
recovery or otherwise forming a chain of circumstances leading
to the only inference for guilt of the accused, incompatible with
any possible hypothesis of innocence, conviction can be based
on the same. If there be any doubt or break in the link of chain
of circumstances, the benefit of doubt must go to the accused.
Each case will therefore have to be examined on its own facts
for invocation of the doctrine.”
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 68 of 95
In view of the afore-stated legal position, it is
discernible that though the last seen theory as propounded by
the prosecution in a case based on circumstantial evidence may
be a weak kind of evidence by itself to base conviction solely on
such theory, when the said theory is proved coupled with other
circumstances such as the time when the deceased was last seen
with the accused, and the recovery of the corpse being in very
close proximity of time, the accused does owe an explanation
under Section 106 of the Evidence Act with regard to the
circumstances under which death might have taken place. If the
accused offers no explanation or furnishes a wrong explanation,
absconds, motive is established and some other corroborative
evidence in the form of recovery of weapon etc. forming a chain
of circumstances is established, the conviction could be based
on such evidence.
80. For establishing and proving the last seen together
theory, the prosecution has examined PW1 Surender Singh Rawat,
father of the deceased and PW2 Dharmender Singh Rawat (brother
of the deceased).
81. As per the testimonies of PW1 Surender Singh Rawat,
he was residing in Delhi along with his family and at the time of the
incident, he was working as Halwai. It is also in evidence of PW1
Surender Singh Rawat that he has four sons and two daughters, out
of which his one son had already died due to illness about two years
from this incident and the deceased Devender Singh Rawat @ Debu
@ Chavanni, aged about 22-23 years at the time of his death, was his
youngest son, who used to accompany him sometimes to his work. It
is also in evidence of PW1 Surender Singh Rawat that his son
Devender Singh Rawat @ Debu @ Chavanni had become acquainted
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 69 of 95
with the accused Pawan present in the Court and the accused Pawan
was alcoholic and as such his son Devender Singh Rawat @ Debu @
Chavanni had also started consuming alcohol in the company of the
accused. It is also in evidence of PW1 Surender Singh Rawat that he
used to make his son Devender Singh Rawat @ Debu @ Chavanni to
understand not to take liquor with the accused and he also used to
ask his son to leave the company of the accused but his son had not
listened to him.
82. It is also in evidence of PW1 Surender Singh Rawat that
he did not remember the exact date but it might be on 15.01.2018,
16.01.2018 or 17.01.2018 at about 11.00 a.m., the accused Pawan
had come to his house and had called his son Debu and thereafter, his
son had accompanied him. It is also in evidence of PW1 Surender
Singh Rawat that since then, his son had not returned home and he
had waited for two days for the return of his son and thought of
lodging a complaint of his missing on 19.01.2018. It is also in
evidence of PW1 Surender Singh Rawat that on 19.01.2018 at about
03:00 a.m., some police officials had come to his house and they had
told them that his son Devender Singh Rawat @ Debu @ Chavanni
was lying unconscious in AIIMS Hospital and they had further told
them that doctors had asked for blood for which his elder son
Dharmender had accompanied them and he had returned after
sometime and told him that he was taken to police station by the
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 70 of 95
police from where he was sent back to home directing him to come
back to police station from where he had accompanied them to
AIIMS Hospital and at about 09:00-10:00 a.m., he along with his
sons had gone to AIIMS Hospital, where they had seen the dead-
body of his son Devender Singh Rawat @ Debu @ Chavanni and
had identified the same. It is also in evidence of PW1 Surender Singh
Rawat that the postmortem on the body of his son was got conducted
and he had identified his dead-body vide statement (Ex.PW1/A) and
after the postmortem, the dead-body of his son was handed over to
them vide receipt (Ex.PW1/B).
83. The testimonies of PW1 Surender Singh Rawat have
been corroborated by PW2 Dharmender Singh Rawat (bother of the
deceased). PW2 Dharmender Singh Rawat has corroborated the facts
that the deceased Devender @ Debu @ Chavanni was his younger
brother and he along with his father and other family members
including the deceased were residing at the same address. It is in
evidence of PW2 Dharmender Singh Rawat that on the intervening
night of 18/19.01.2018 at about 03.00 a.m., some police officials had
come to his house and had told him that his brother Devender @
Debu @ Chavanni had met with an accident and they had asked him
to accompany them. It is also in evidence of PW2 Dharmender Singh
Rawat that he had gone to the police station Badarpur along with
them and in the police station, he was shown one photograph which
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 71 of 95
he identified being of his brother Devender @ Debu @ Chavanni. It
is also in evidence of PW2 Dharmender Singh Rawat that he was
told by the police officials in the police station that he had to come
again to police station to give blood for his brother and in the
morning at about 10.00 a.m., he along with his father had gone to the
police station where they were informed that his brother Devender @
Debu @ Chavanni had died.
84. It is also in evidence of PW2 Dharmender Singh Rawat
that they were taken to AIIMS Hospital and they had seen the dead-
body of his brother in the mortuary of AIIMS Hospital and had
identified the same vide his statement (Ex.PW2/A) and after the
postmortem, the dead-body was handed over to them vide receipt
(Ex.PW1/B).
85. It is also in evidence of PW2 Dharmender Singh Rawat
that he did not know when and with whom his deceased brother had
gone but he had gone on the morning of 17.01.2018.
86. During cross-examination done by Ld. Addl. PP for the
State, PW2 Dharmender Singh Rawat has admitted that he was
interrogated by the police. PW2 has also deposed that he had orally
stated to the police that for the past about nine months, his brother
had used to be remained in the company of the accused Pawan.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 72 of 95
87. PW1 Surender Singh Rawat, father of the deceased has
been consistent in his evidence during trial in the Court to prove that
that the deceased Devender @ Debu @ Chavanni was called from
the house of the deceased by the accused Pawan Shukla and the
accused had taken the deceased along with him. The said assertions
made by PW1 Surender Singh Rawat in his examination-in-chief
have not been rebutted on behalf of the accused during his evidence
and he was not cross-examined by the defence on this point.
88. It is well settled law that cross-examination is a matter
of substance and not of procedure, one is required to put one’s
version in the cross-examination of an opponent. The effect of non-
cross-examination is that the statement of the witness has not been
disputed.
89. It has been held by the Hon’ble High Court of Delhi in
Rakesh Kumar & Ors. v. State (Delhi), 2009 (163) DLT 658 as
under: –
“175. It is settled law that where a witness is not cross-
examined on any relevant aspect, the correctness of the
statement made by a witness cannot be disputed. (See the
decisions of Supreme Court reported as State of U.P. v. Nahar
Singh AIR 1988 SC 1328 and Rajinder Prasad v. Darshana
Devi AIR 2001 SC 3207).”
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 73 of 95
90. Further, the Hon’ble MP High Court in Moti Lal and
Others v. State of Madhya Pradesh, 1990 Crl.L.J (NOC) 125 has held
that it is a well settled principle of law that when the accused does
not challenge a prosecution witness in his cross-examination on
certain facts, it leads to inference of admission of that fact. In Moti
Lal‘s case (supra), the Hon’ble MP High Court observed as follows:-
“In Velu Pillai Padikalingam v. Paramandam it was ob-
served; “every cross-examiner should and can if he is care-
ful indicate in cross-examination whichever part of the evi-
dence given in examination-in-chief is challenged and an
omission to do so would lead to the inference that the evi-
dence is accepted subject of course to its being assailed as
inherently improbably.” Again in Sayed Aleem v. State of
Karnataka it was observed that non-cross-examination of
prosecution witnesses of certain facts leds to admission of
that fact, circumstances could be taken for consideration.
Thus, non-consideration, particularly P.W3 Achhelal and
P.W.4 Bhajna, on what is being projected in the defence
has been rightly held by the trial as sheer afterthought.”
91. Similarly, The Hon’ble Supreme Court in Sarwan Singh v.
State of Punjab, 2002 (4) RCR (Crl) 471 held as follows:
“It is a rule of essential justice that whenever the opponent has
declined to avail himself of the opportunity to put his case in
cross-examination it must follow that the evidence tendered
on that issue ought to be accepted. A decision of the Calcutta
High Court lends support to the observation as above. (See in
this context AEG Carapiet v. AY Derderian : AIR 1961
Calcutta 359 (P.B. Mukherjee, J. as he then was)].”
92. In the light of the above testimonies and judgments in Rakesh
Kumar‘s case (supra), Moti Lal‘s case (supra) and Sarwan Singh’s
case (supra) and the statement made by PW1 Surender Singh Rawat
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 74 of 95
in his examination-in-chief to the effect that the deceased was called
and taken along by the accused Pawan Shukla from the house of the
deceased. Although, in his evidence, PW1 Surender Singh Rawat
was unable to tell the date on which the deceased had gone with the
accused for the last time and had not come back and deposed that it
might be on 15.01.2018,16.01.2018 or 17.01.2018 at about 11.00,
when the accused had taken the deceased along with him, but, it is in
his evidence of PW1 Surender Singh Rawat that he had waited for
two days for the return of his son and thought of lodging a complaint
of his missing on 19.01.2018, which testimony itself goes to suggest
that the accused had taken the deceased along with him from the
house of the deceased on 17.01.2018 i.e., two days before
19.01.2018 on which date, PW1 thought of lodging a complaint of
missing of the deceased and at about 3.00 p.m. on that day, some po-
lice officials had gone to his house and informed about the deceased.
From the testimonies of PW1 Surender Singh Rawat, the prosecution
has been able to establish that on 17.11.2018, the deceased Devender
@ Debu was called by the accused Pawn Shukla from the house of
the deceased and taken the deceased along with him.
93. The dead body of the deceased Devender @ Debu, as
per the testimony of PW8 Ct. Nawal Kishore, was recovered on
18.01.2018 at about 04.00 p.m., while patrolling, he had gone to
check a vacant plot at Mathura Road near Jaitpur Mor where at the
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 75 of 95
end of the plot, he had found one dead person whose face was
stained with blood and he made a call to Duty Officer, however, his
phone was busy so, he had immediately gone to police station and
had informed Duty Officer/ASI Israil Khan in this regard who had
recorded his above information vide DD No.39A. The DD No. 39A
(Ex.PW4/A) was recorded in the police station Badarpur on
18.01.2018 at 04.15 p.m. As per the DD No. 39A (Ex.PW4/A), an
information regarding the dead-body was given by the Constable to
the Duty Officer on 18.01.2018 at 04.15 p.m.
94. In the light of afore-stated settled legal position
regarding the last seen together theory, the deceased Devender @
Debu was last seen together with the accused Pawan Shukla on
17.01.2018, and recovery of dead body of the deceased on
18.01.2018, being in very close proximity of time, the accused
Pawan Shukla owes an explanation with regard to the circumstances
under which the death might have taken place.
95. The most important piece of evidence against the
accused Pawan Shukla are the testimonies of PW8 Ct. Nawal
Kishore PW10 SI Rajiv Singh and PW15 Inspector Satish Chandra.
PW10 SI Rajiv Singh had first reached at the place of incident after
receiving of DD no.39A dated 18.01.2018. PW15 Inspector Satish
Chandra is the investigating officer in the present case. As per the
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 76 of 95
testimonies of PW15 Inspector Satish Chandra, he along with Ct.
Naval Kishor had reached the place of incident at about 12.05 a.m.
and prepared site-plan at the instance of SI Rajeev vide memo
(Ex.PW15/A).
96. It is also in the evidence of PW15 Inspector Satish
Chandra that he had firstly called the District crime-team and the
team had visited the scene of crime and had carried out its inspection
vide report (Ex.PW9/A) and lifted the exhibits as described in the
crime report (Ex.PW9/A).
97. It is also in the evidence of PW15 Inspector Satish
Chandra that the said exhibits were taken into possession in different
parcels, sealed with the seal of ‘SC’ which were seized vide two
seizure memo (Ex.PW8/B and Ex.PW8/C).
98. It is also in the evidence of PW15 Inspector Satish
Chandra that they had also conducted inspection of scene of crime
with the help of dragon light and during that course, a visiting card
turned into pieces was recovered from near the vacant plot at a
distance of 10 meter from the place where the dead-body was lying
and he had taken the same into possession vide seizure memo
(Ex.PW8/C) and they had made a call on the telephone number
found printed on the said car and car was attended by a lady who
revealed his name as Anjana Halder and after receiving the call from
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 77 of 95
the police, she had got scared and had not revealed her address
however, they had found her address from the service provider of the
said mobile number and it was found to be at Bhumiheen Camp
Govind Puri, thereafter, he along with ASI Bhoop and Ct. Naval had
visited the said address and uncle of the said lady was found present
there and he had revealed to them that the lady Anjana Halder was
residing at village, Lakarpur, Faridabad Haryana.
99. It is also in the evidence of PW15 Inspector Satish
Chandra that they had gone there and said lady was found already
there and since the visiting card having her mobile phone was
recovered from the spot, he had showed the photographs of the
deceased on mobile phone and Anjana Halder had revealed the
identity of the deceased by the name Debu @ Chawanni to be the
friend of her husband and that the deceased was living somewhere
near Jaitpur Mor, Badarpur Road.
100. It is also in the evidence of PW15 Inspector Satish
Chandra that he had apprised the said fact to the SHO and had
requested him to depute the staff to find out the address of the
deceased and the said lady had further revealed that her husband
Pawan Shukla (now accused) had been admitted in Nasha Mukti
Kendra, Govind Puri.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 78 of 95
101. It is also in the evidence of PW15 Inspector Satish
Chandra that from the said place, they had straightway gone to
Nashra Mukti Kendra and her husband Pawan Shukla was found at
Nasha Mukti Kendra and when they had showed him the
photographs of the deceased, he had feigned ignorance about him
and, thereafter, they had also showed the fingers of the right hand of
the deceased having word ‘RDRD’ tattooed on the four fingers of the
hand of the deceased and after seeing the said fingers, the accused
had got perplexed, thereafter, they had confronted him with the
identity of the deceased as revealed by his wife and it was thereafter,
he had admitted and revealed the identity of the deceased as his
friend and his name was revealed by him as ‘Debu’.
102. It is also in the evidence of PW15 Inspector Satish
Chandra that the accused had also misled them that he had got
himself admitted there four days ago but they had confronted the said
facts with the Manager of Nasha Mukti Kendra, who had revealed
that he was admitted there on 17.01.2018.
103. Regarding arrest of the accused, it is also in the evidence
of PW15 Inspector Satish Chandra that they had brought the accused
to police station Badarpur, interrogated and arrested the accused vide
arrest memo (Ex.PW8/D), his personal search was also conducted
vide memo (Ex.PW8/E).
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 79 of 95
104. It is also in the evidence of PW15 Inspector Satish
Chandra that during interrogation, whatever was disclosed, he had
recorded the same vide disclosure statement (Ex.PW8/F).
105. It is also in the evidence of PW15 Inspector Satish
Chandra that pursuant to disclosure statement, the accused had led to
the place of occurrence and had pointed out the place vide pointing
out memo (Ex.PW10/E).
106. To prove the recovery of the blood-stained clothes of the
accused, it is in the evidence of PW15 Inspector Satish Chandra that
pursuant to his disclosure statement (Ex.PW8/F) at point D to D that
the accused could get the blood-stained clothes which he was
wearing as well as the blade used in the said offence recovered, the
accused had led the police team to a place in bush M.B. Road after
crossing the railway pul and had got recovered a carry bag
containing his shirt pants, jacket and the said blade and the said blade
was kept in a matchbox.
107. It is in the evidence of PW15 Inspector Satish Chandra
that and had converted the said articles into parcels, sealed them with
the seal of ‘SC’ and had seized them vide common seizure memo
(Ex.PW8/G) and SI Rajeev and Ct. Naval had stayed with him
during the said proceedings and from the place of recovery, they had
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 80 of 95
returned to police station and he had deposited the case property and
the exhibits lifted from the scene of crime in the malkhana.
108. To prove the motive behind the commission of crime, It
is in the evidence of PW15 Inspector Satish Chandra that during one
day police custody remand and interrogation of the accused, the
accused had further disclosed vide disclosure statement (Ex.PW8/F)
that he had suspicion that the deceased had an affair with his wife
and on the day of incident when he had along with the deceased
Debu and Narsimha were taking some intoxicating substance (nasha
kar rahe the), the deceased had lost his senses and the said Narsimha
had taken out a visiting card from the pocket of the shirt of the
deceased and that the accused Pawan had seen the same and found
that the mobile number of wife of the accused Pawan was written
thereon and thereafter, his suspicion regarding affair of the
deceased’s wife got confirmed and thereafter, he had killed the
deceased with the stone and also used the said blade and it was a
same card which was recovered from the scene of crime.
109. Regarding involvement of Narsimha in the commission
of the crime, It is in the evidence of PW15 Inspector Satish Chandra
that they had obtained police custody remand of the accused to trace
out Narsimha as revealed by the accused but during that course, the
accused had further disclosed that he had misled them regarding
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 81 of 95
involvement of Narsimha and had recorded his supplementary
disclosure statement (Ex.PW8/F).
110. It is in the evidence of PW15 Inspector Satish Chandra
that on 21.01.2018 and the postmortem of the body of the deceased
was got conducted by SI Rajeev and he had also taken into
possession the viscera of the deceased given to him by Ct. Ramji Lal
vide seizure memo (Ex.PW8/H) and the exhibits pertaining to the
deceased were also taken into possession by SI Rajeev vide seizure
memo (Ex.PW10/B) and all the proceedings qua said PM report was
conducted by SI Rajeev.
111. It is in the evidence of PW15 Inspector Satish Chandra
that he had also got prepared scaled site-plan (Ex.PW7/A) by
Inspector Mukesh Jain.
112. It is in the evidence of PW15 Inspector Satish Chandra
that during the course of investigation, he had also got collected the
PM Report and he had also obtained the previous involvement report
of the accused from SCRB Delhi vide report (Ex.PW15/D).
113. It is in the evidence of PW15 Inspector Satish Chandra
that he had also got exhibits pertaining to the case sent to FSL for
examination.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 82 of 95
114. It is in the evidence of PW15 Inspector Satish Chandra
that during the course of investigation, he had also obtained the CDR
and obtained CDRs of two mobile numbers i.e. 8448xxxxxx and
8130xxxxxx which were issued in the name of wife of the accused
Pawan Shukla, namely, Anjana Haldar. It is further deposed by
PW15 Inspector Satish Chandra that during investigation, it had
come out that the mobile number 8448xxxxxx was being used by the
accused Pawan Shukla and on the day of incident, location of said
mobile number at about 03:00 p.m. was found near Ashram Chowk,
Delhi and thereafter, its location was found at about 07:46 p.m. in the
area of Govindpuri, Delhi. It is further deposed by PW15 Inspector
Satish Chandra that during personal search of the accused Pawan
Shukla, one mobile phone make Samsung was recovered and he had
duly mentioned the IMEI number of the mobile phone and Airtel
SIM number found active in the mobile phone on personal search
memo (Ex.PW8/A). It is further deposed by PW15 Inspector Satish
Chandra that the mobile number 8448xxxxxx was found active in the
aforesaid Samsung mobile phone found in possession of the accused
Pawan Shukla and was taken into police possession.
115. During investigation, he had sent weapon of offence i.e.
stones and blade to AIIMS Hospital for subsequent opinion and had
obtained the subsequent opinion (Ex.PW6/A) given by Dr. Varun
Chandran A, which he had placed on file. As per the subsequent
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 83 of 95
opinion report (Ex.PW6/A), “the fatal injury caused to the deceased
(mentioned in the PMR) could be caused by the alleged weapons i.e.
the concrete block and stones.”
116. It is in the evidence of PW15 Inspector Satish Chandra
that he had examined the witnesses and had recorded their statement
under section 161 Cr.P.C. and during investigation, he had got the
case-property sent to FSL and after completion of investigation, he
had prepared the police report against the accused Pawan Shukla for
the offence under section 302 IPC and submitted it in the Court.
117. It is in the evidence of PW15 Inspector Satish Chandra
that after receiving of FSL reports of present case, he had filed the
same through supplementary charge-sheet in the Court and the
photographs (Ex.PW12/A colly.) of the spot were placed on the
judicial file.
118. PW15 Inspector Satish Chandra has correctly identified
the accused Pawan Shukla present in the Court.
119. PW15 Inspector Satish Chandra has correctly identified
one white burnt baniyan and torn cloth pullanda (Ex.P1) as seized in
the present case.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 84 of 95
120. Regarding identification of the case property, PW15
Inspector Satish Chandra has also correctly identified one match box
and small silver pipe (Ex.P2), one polythene water pouch having few
brownish stains (Ex.P3), cotton wool swab having dark brownish
stains (Ex.P4), one pair of shoes with socks (Ex.P5 colly), bunch of
hair wrapped in a paper in open plastic container (Ex.P6 colly),
concrete pieces with few strands of hair (Ex.P7 colly), one small
control concrete piece (Ex.P8 colly), one concrete stone having
darker stains (Ex.P9), one solid stone piece (Ex.P10), one control
solid stone piece (Ex.P11), one stone having dark stains in opened
plastic clothes (Ex.P12), one JACKET, one T shirt, one sweater, one
jeans pant with belt and one underwear (Ex.P13a to P13e) were
found on body of the deceased and one JACKET, one shirt, one pant
(Ex.P14a to P14c) were found worn by the accused and three pieces
of the card having two mobile numbers (Ex.MOX colly.) and one
peice of paper having mobile numbers written on both sides of it
(Ex.P1). As per the testimony of PW15 Inspector Satish Chandra, all
the case-properties were seized in the present case.
121. The above disclosure whereby admitting his guilt by the
accused Pawan Shukla has been made by him during police custody.
The relevant provisions regarding confession are provided for under
sections 25,26 & 27 of Indian Evidence Act, 1872 which read as
follows.
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 85 of 95
25. Confession to police officer not to be proved- No confession
made to a police officer, shall be proved as against a person
accused of any offence.
26. Confession by accused while in custody of police not to be
proved against him- No confession made by any person whilst
he is in the custody of a police officer, unless it be made in the
immediate presence of a Magistrate, shall be proved as against
such person.
[Explanation.- In this section “Magistrate” does not include the
head of a village discharging magisterial functions in the
Presidency of Fort St. George or elsewhere, unless such
headman is a Magistrate exercising the powers of a Magistrate
under the Code of Criminal Procedure, 1882 (10 of 1882)]
27. How much of information received from accused may be
proved- Provided that, when any fact is deposed to as
discovered in consequence of information received from a
person accused of any offence, in the custody of a police officer,
so much of such information, whether it amounts to a
confession or not, as relates distinctly to the fact thereby
discovered, may be proved.
122. It is well settled that in the light of provisions of section
25, 26 & 27 of the Indian Evidence Act, confessional statement of
the accused before the police officers are inadmissible in evidence
which cannot be made basis by the prosecution to obtain conviction,
however, a fact discovered in an information supplied by the accused
in his disclosure statement is a relevant fact that is only admissible in
evidence if something new is discovered or recovered from the
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 86 of 95
accused which was not within the knowledge of the police before
recording the disclosure statement of the accused.
123. Another important piece of evidence against the accused
Pawan Shukla is the testimonies of PW 15 Inspector Satish Chandra
that the accused Pawan Shukla had got his bloodstained clothes
recovered.
124. PW9 Sub-Inspector Lakmi Chand was in-charge of the
crime-team of the South-East District and he along with Ct. Mahesh
(Photographer) and Ct. Anand (Fingerprint Proficient) had gone to
the place of incident on 18.01.2018, where he had met Sub-Inspector
Rajiv, Inspector Satish Chander and other police staff. As per the
testimonies of PW9 Sub-Inspector Lakhmi Chand, he had inspected
the spot and there was a dead body and the head of the dead body
was crushed with stone and there was blood on the face and the body
upto around the waist of the said body. One empty water wrapper,
Frooti wrapper along with its pipe, blood-stained stones, silver foil
papers and match sticks with match-box and one half burnt vest of
make Signature Royal, black colour shoes and multi colour socks
near the foot of the body were found lying and the photographer had
taken the photographs at the spot from different angles and he had
prepared report (Ex.PW9/A).
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 87 of 95
125. The FSL result has been proved by PW13 Dheeraj
Bharadwaj, Sr. Scientific Assistant (Biology), FSL Rohini, New
Delhi. The result and conclusion of examination in the FSL report
Ex.PW13/A is reproduced as follows:
Result of DNA Examination:
1. The alleles generated from the source of exhibit ’21’
(Gauze cloth piece of deceased) are accounted in the
alleles generated from the source of exhibits ‘3’ (Water
Pouch), ’18’ (Nail cuttings of deceased), ’19” (Nail cuttings
of deceased), 22a (Jacket of deceased), ’22b’ (T-shirt of
deceased), ’22c’ (Sweater of deceased), ’22d’ (Jeans Pant of
deceased), ’22e’ (Underwear of deceased), ’23a’ (Jacket of
accused), ’23b’ (Shirt of accused) and ’23c’ (Pants of
accused).
2. The alleles generated from the source of exhibit ’24’
(Blood sample of accused) are not accounted in the alleles
generated from the source of exhibits ‘3’ (Water Pouch),
’18’ (Nail cuttings of deceased), ’19’ (Nail cuttings of
deceased), ’22a’ (Jacket of deceased), ’22b’ (T-shirt of
deceased), ’22c’ (Sweater of deceased), ’22d (Jeans Pant of
deceased), ’22e’ (Underwear of deceased), ’23a’ (Jacket of
accused), ’23b’ (Shirt of accused) and ’23c’ (Pants of
accused).
CONCLUSION
The DNA Fingerprinting profiling (STR analysis)
performed on the source of exhibits ‘3’ (water Pouch), ’18’
(Nail cuttings of deceased), ’19’ (Nail cuttings of
deceased), ’21’ (Gauze cloth piece of deceased), ’22a’
(Jacket of deceased), ’22b’ (T-shirt of deceased), ’22c’
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 88 of 95
(Sweater of deceased), ’22d’ (Jeans Pants of deceased),
’22e’ (Underwear of deceased), ’23a’ (Jacket of accused),
’23b’ (Shirt of accused), ’23c’ (Pants of accused) and ’24’
(Blood sample of accused) provided is sufficient to
conclude that
1. The blood stains present on the source of exhibits ‘3’
(Water Pouch), ’18’ (Nail cuttings of deceased), ’19’ (Nail
cuttings), ’22a’ (Jacket), ’22b’ (T-shirt), ’22c’ (Sweater),
’22d’ (Jeans Pant), ’22e’ (Underwear), ’23a’ (Jacket of
accused), ’23b’ (Shirt of accused) and ’23c’ (Pants of
accused) are from the same source of exhibit ’21’ (Gauze
cloth piece of deceased).
2. The blood stains present on the source of exhibits ‘3’
(Water Pouch), ’18’ (Nail cuttings of deceased), ’19’ (Nail
cuttings of deceased), ’22a’ (Jacket of deceased),), ’22b’ (T-
shirt of deceased), ’22c’ (Sweater), ’22d’ (Jeans Pant), ’22e’
(Underwear), ’23a’ (Jacket of accused), ’23b’ (Shirt of
accused) and ’23c’ (Pants of accused) are not from the same
source of exhibit ’24’ (Blood sample of accused).
126. In the light of the FSL report (Ex.PW13/A), it is
established that the blood found on the jacket ’23a’, shirt ’23b’ and
pant ’23c’ of the accused Pawan Shukla which he was wearing at the
time of incident, matched with the blood of the deceased.
127. Since, pursuant to the disclosure statements made by the
accused persons, their blood-stained clothes were recovered and
blood found on such clothes had matched with the blood of the
which fact has been duly proved the FSL expert (PW13 Dheeraj
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 89 of 95
Bhardwaj) by way of his FSL report (Ex.PW13/A), therefore, such
fact discovered in an information supplied by the accused in his
disclosure statement is a relevant fact and is admissible in evidence.
128. For proving the injury on the person of the deceased,
PW11 Dr. Om Prakash, Senior Resident, General Surgery, AIIMS,
New Delhi has proved the MLC (Ex.PW11/A) of the deceased. The
said MLC, as per the testimonies of PW11 Dr. Om Prakash, was
prepared by Dr. B.R. Konuri and PW11 Dr. Om Prakash has
identified the signature of the doctor on MLC as he has worked with
him.
129. PW5 Dr. Antara Deb Barman and PW6 Dr. Varun, both
Senior Residents in the Department of Forensic Medicine, AIIMS,
New Delhi have proved the Postmortem Report (Ex.PW5/A) and as
per their almost similar testimonies, they have conducted the
Postmortem examination of the deceased Devender Singh Rawat @
Debu @ Chavanni and all the injuries were mentioned in the
postmortem report and the cause of death was opined as “crush
injury sustained to cranio-cerebral region by a blunt force impact,
could be possible by dropping or hitting a heavy stone, however,
viscera have been preserved to rule out concommitent poisoning or
intoxication.”
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 90 of 95
130. Regarding identity of the accused Pawan Shukla, PW1
Surender Singh Rawat, PW2 Dharmender Singh Rawat, PW15
Inspector Satish Chandra, PW10 SI Rajeev and PW8 Ct. Naval
Kishore have correctly identified the accused Pawan Shukla in the
Court.
131. For proving the identity of the deceased/dead body
testimonies of PW1 Surender Singh Rawat, PW2 Dharmender Singh
Rawat and PW10 SI Rajeev are relevant.
132. As per the testimonies of PW1 Surender Singh Rawat,
he had identified the dead body of his son and he has also proved his
signatures at point ‘A’ on the statement (Ex.PW1/A) to that effect. It
is also in his evidence that after the postmortem, the dead body of his
son was handed over to him vide receipt (Ex.PW1/B). PW2
Dharmender Singh Rawat, brother of the deceased has corroborated
the testimonies of PW1 Surender Singh Rawat regarding
identification of the dead body.
133. PW10 SI Rajeev has also corroborated the testimonies
of PW1 and PW2 regarding identification of the dead body and as
per his testimony, he had got the dead body identified from his
relatives and recorded the statements (Ex.PW1/A and Ex.PW2/A)
and after the postmortem, he had handed over the dead body vide
receipt (Ex.PW1/B).
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 91 of 95
134. From the testimonies of PW1 Surender Singh Rawat,
PW2 Dharmender Singh Rawat and PW10 SI Rajeev, the identity of
the dead body of the deceased Devender @ Debu is duly proved.
135. PW7 Inspector Mukesh Kumar Jain has proved the
scaled site-plan (Ex.PW7/A) of the place of incident and as per his
testimonies, on 13.03.2018, he was called by Inspector Satish
Chandra, the investigating officer of this case at police station
Badarpur from where he along-with the investigating officer and few
other police officials had gone to the spot i.e. vacant plot No.99/B-2,
Mohan Co-operative main Road, Badarpur, New Delhi adjacent to
plot no.100/B-2, where at the instance of Inspector Satish Chandra,
he had taken rough notes and measurements of the place of incident,
thereafter, he came back to his office and prepared scaled site-plan
(Ex.PW7/A) of the place of incident on the basis of rough notes and
measurements and the rough notes were destroyed after preparation
of the scaled site-plan.
136. It is important to note here that the accused Pawan
Shukla has not examined any witness in his defence.
137. It is noteworthy here that nothing material has been
brought to my notice from the cross-examination of above
prosecution witnesses for suspecting the truth of the version given by
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 92 of 95
either of them and their testimonies have remained consistent to
prove the offence the accused has been charged with.
138. There is another reported circumstance that goes to
establish the guilt of the accused is his conduct. As per the
testimonies of PW15 Inspector Satish Chandra, when he had gone to
the Nasha Mukti Kendra, where the accused was admitted and
showed the photographs of the deceased, the accused feigned
ignorance about him and when the investigating officer had
confronted to him that the identity of the deceased has been revealed
by his wife, it was only then the accused revealed the identity of the
deceased as of his friend Debu. Furthermore, as per the testimonies
of PW15 Inspector Satish Chandra, the accused had also misled the
investigating officer by stating that he had got himself admitted in
the Nasha Mukti Kendra four days ago, but when they confronted the
said fact with the manager of Nasha Mukti Kendra, who revealed
that the accused was admitted there one day before the day the
police had come to his centre. The said fact has been duly
corroborated by PW16 Om Prakash, Director/Founder Member of
the Nasha Mukti Kendra, who deposed that the accused Pawan had
visited his de-addiction center one day prior to the day when police
had come to his center and made inquiry. Furthermore, the accused
Pawan Shukla has again misled the investigating officer and as per
the testimonies of PW15 Inspector Satish Chandra, the accused had
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 93 of 95
initially named Chota Narshima to be involved with him in the
commission of offence. The said testimonies of PW15 Inspector
Satish Chandra have remained consistent and were not shaken during
his cross-examination. From the above testimonies, it has been
proved that the accused had misled the investigating officer by
showing ignorance about the identity of the deceased and then about
the date of his admission to the Nasha Mukti Kendra and also for
involvement of Chota Narshima along with him in the commission
of offence. Such conduct of the accused indicates that the accused
has committed the offence in a pre-planned manner and in order to
save himself, got himself admitted to the Nasha Mukti Kendra after
the commission of the offence.
139. From the evidence led on behalf of the prosecution
which has been discussed herein above, the prosecution has been
successful in proving that (i) on the date of incident, the accused
Pawan Shukla had called the deceased Devender @ Debu @
Chawani from his house and taken him along on 17.01.2018, ( ii) the
dead body of the deceased was recovered on 18.01.2018 i.e. in close
proximity of time when the deceased was last seen together with the
accused Pawan Shukla, (iii) the accused Pawan Shukla was arrested
and made disclosure confessing his guilt in the commission of
offence, (iv) pursuant to his disclosure statement, the accused Pawan
Shukla got recovered his blood-stained clothes, ( v) the blood found
FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 94 of 95
on the clothes of the accused matched with the blood of the
deceased, (vi) motive to commit the offence is established.
140. In view of the above, the accused owe but did not tender
any reasonable explanation for his conduct.
141. The accused Pawan Shukla has not been able to spell
out any plausible reason for his false implications.
142. To sum up, in view of above discussion, the prosecution
has proved beyond reasonable doubt the charge under section 302 of
the Indian Penal Code against the accused Pawan Shukla, so the
accused Pawan Shukla is found guilty of having committed the said
offence and hence, he is convicted of offence punishable under
sections 302 of the Indian Penal Code, 1860.
143. Let the convict be heard on the question of sentence.
Pronounced in the open Court (DR. RAKESH KUMAR)
th
on 30 of May, 2025. Additional Sessions Judge, (FTC)-02,
South-East, Saket Court Complex,
New Delhi
Digitally
signed by
RAKESH
RAKESH KUMAR
KUMAR Date:
2025.05.30
17:10:41
+0530FIR no.26/2018 PS Badarpur State v. Pawan Shukla Page 95 of 95