Original Draft of Criminal Appeal before High Court of Delhi

March 27, 202013748 By Avinash Nandan Sharma

IN THE HIGH COURT OF DELHI, AT NEW DELHI
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO._________OF 2018
IN THE MATTER OF :
Shamshad @ Murappan & Ors. …..Appellants
VERSUS
State ( NCT of Delhi) …..Respondent
INDEX
SLNo. Particulars Page No.
1. Notice of Motion
2. Urgent Application
3. Memo of Parties
4. List of Dates and Events
5. Opening Sheet
6. Appeal under Section 374(2) of Cr.P.C. against the Judgment of Conviction and order on Sentence dated 05.07.2018 and 07.07.2018 respectively with Affidavits of Parokars
7. ANNEXURE-1(COLLY) : Certified copy of Judgment of Conviction and order on Sentence dated 05/07/2018 & 07/07/2018 respectively
8. ANNEXURE-2 : Copy of FIR No.271/17 dated 03.07.2017 along with English translation
9. ANNEXURE-3 : Certified copy of the Charge Sheet along with its English Translation
10. ANNEXURE-4 : Certified copy of Order on framing of Charge dated 23.11.2017
11. ANNEXURE-5 : Certified copy of the all Prosecution Evidences from PW1 to PW25
12. ANNEXURE-6 : Certified copy of Statement U/S. 313 of Cr.P.C
13. Application under Section 5 of the Limitation Act to Condone Delay in filing the Appeal along with Affidavits
14. Application under Section 389(2) Cr.P.C for Suspension of Sentence and Grant of Bail along with with Affidavits
15 Application For Condonation of Delay in refiling the Appeal along with affidavit
16. Vakalatnama
17. Court Fee of Rs. 100/-

Filed by
(Avinash Nandan Sharma)
Advocate
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8595152026
New Delhi
Dated : 10 .09.2018

NOTICE OF MOTION

To
The Standing Counsel
Govt. of NCT of Delhi
Delhi High Court,
New Delhi.
Kindly acknowledge the receipt of the accompanying Criminal Appeal which is being filed today in the Hon’ble High Court of Delhi and the same is likely to be listed on ___ .09.2018.
Filed by

(Avinash Nandan Sharma)
Advocate
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8595152026
New Delhi
Dated : 10 .09.2018

URGENT APPLICATION

To,
The Registrar,
High Court of Delhi
At New Delhi.

Sir,
Kindly treat the accompanying Criminal Appeal as urgent one as per High Court Rules and Regulation. The ground of urgency is as under:-
The appellants are innocent and poor labourers held in judicial custody since 08.07.2017. They are the only support for financial survival of their family members so their appeal may be heard at an early date.

Filed by
(Avinash Nandan Sharma)
Advocate
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8595152026
New Delhi
Dated : 10 .09.2018

MEMO OF PARTIES

1. Shamshad @ Murappan
S/o. Sh. Dafedar
R/o. House No. 544,Gali No.5,
Kanchan Park, Loni,
Ghaziabad, UP
2. Akram
S/o. Mohd. Daraj
R/o. House No. 544,Gali No.5,
Kanchan Park, Loni,
Ghaziabad, UP
3. Shahrukh @ Sharup Khan
S/o. Sh. Riyajuddin
R/o. House No. 544,Gali No.5,
Kanchan Park, Loni,
Ghaziabad, UP …. Appellants
Versus
State of NCT of Delhi
Through Commissioner of Delhi Police
Police Head Quarter
IP Estate, New Delhi-110001 …..Respondent

APPEAL UNDER SECTION 374(2) OF CODE OF CRIMINAL PROCEDURE, 1973 ON BEHALF OF THE APPELLANTS HELD IN JUDICIAL CUSTODY SINCE 08.07.2017 AGAINST THE JUDGMENT OF CONVICTION DATED 05.07.2018 AND ORDER ON SENTENCE DATED 07.07.2018 PASSED BY THE TRIAL COURT OF SH. VIRENDER KUMAR BANSAL, ASJ, ROHINI COURTS, NEW DELHI IN CASE S.C. NO. 691/17 PERTAINING TO FIR NO. 271/17, U/S. 302 IPC, DATED 03.07.2017 REGISTERED AT PS. BAWANA, DELHI

Filed By

Appellants

THROUGH

(Avinash Nandan Sharma)
Advocate
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8595152026
New Delhi
Dated : 10.9.2018

LIST OF DATES AND EVENTS

RESPECTFULLY SHOWETH:
By way of the present appeal under Section 374 of the Code of Criminal Procedure, the appellants are approaching this Hon’ble Court for setting aside the final judgment of conviction and order on sentence dated 05.07.2018 & 07.07.2018 passed by the court of Sh. Virender Kumar Bansal, ASJ, Rohini Courts, New Delhi, in the Sessions Case No. 691/17 pertaining to FIR No. 271/17, PS. Bawana, U/s. 302 IPC whereby the appellants were held guilty for the offence punishable under Section 304II/34 IPC and they were sentenced to 7 years rigorous imprisonment with fine of Rs. 5,000/- and in default of payment , to further undergo 6 months simple imprisonment. Benefit of Section 428 of Cr.P.C. was given to the appellants.

The dates and events of the present case are as under:

03.07.2017 FIR No. 271/2017 under Section 302 IPC was registered at Police Station Bawana, when an information was received at Police Station Bawana that a boy is lying in Sector-2, K-Block near Bhagat Singh Chowk, Bawana having injuries caused with knife. Police reached the spot and found a male dead body.

08.07.2017 All the three appellants were arrested at N-196 , Sector-2, DSIIDC, Bawana, Delhi in the morning by the police officials of PS. Bawana and is in jail since then.

03.10.2017 The chargesheet was filed under Section 302/201/34 IPC against the appellants before the Ld. MM, concerned at Rohini Courts, New Delhi.

17.11.2017 The case was committed and registered as Sessions Case No 691/17 in the Court of Sh. Virender Kumar Bansal, ASJ, Rohini Courts, Delhi.

23.11.2017. The Charges were framed under Section 302/34 IPC against the appellants to which they pleaded not guilty and claimed trial. and it was stated in the charge that no offence under Section 201 IPC is made out against accused persons.

24.04.2018 After examining 25 prosecution witnesses in support of the charges, PE was closed.

15.05.2018 the Statement of accused under Section 313 of Cr.P.C.of appellants were recorded.

05.07.2018 The Judgment of Conviction was passed by the court of Sh. Virender Kumar Bansal, ASJ, Rohini Courts, New Delhi, in the Sessions Case No. 691/17 whereby the appellants were held guilty and convicted for the offence punishable U/s 304(II)/34 IPC . However all the three appellants were acquitted U/s. 302 read with 34 IPC.

07.07.2018 The Order on Sentence was passed by the Court of Sh. Virender Kumar Bansal, ASJ, Rohini Courts Delhi whereby the appellants were sentenced to 7 years rigorous imprisonment with fine of Rs. 5,000/- and in default , to undergo 6 months simple imprisonment. Benefit of Section 428 of Cr.P.C. was given to the appellants.

13.11.2017 Hence the present appeal for setting aside the final judgment of conviction and order on sentence dated 05.07.2018 & 07.07.2018 passed by the court of Sh. Virender Kumar Bansal, ASJ, Rohini Courts, New Delhi, in the Sessions Case No. 691/17

APPELLANTS
THROUGH

(Avinash Nandan Sharma)
Advocate
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8595152026
New Delhi
Dated : 10 .09.2018

IN THE HIGH COURT OF DELHI, AT NEW DELHI
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO._________OF 2018

IN THE MATTER OF :
4. Shamshad @ Murappan
S/o. Sh. Dafedar
R/o. House No. 544,Gali No.5,
Kanchan Park, Loni,
Ghaziabad, UP
5. Akram
S/o. Mohd. Daraj
R/o. House No. 544,Gali No.5,
Kanchan Park, Loni,
Ghaziabad, UP
6. Shahrukh @ Sharup Khan
S/o. Sh. Riyajuddin
R/o. House No. 544,Gali No.5,
Kanchan Park, Loni,
Ghaziabad, UP …. Appellants
Versus
1. State of NCT of Delhi
Through Commissioner of Delhi Police
Police Head Quarter
IP Estate, New Delhi-110001 …..Respondent

Appellants in J.C since 08.07.2017

APPEAL UNDER SECTION 374(2) OF CODE OF CRIMINAL PROCEDURE, 1973 ON BEHALF OF THE APPELLANTS HELD IN JUDICIAL CUSTODY SINCE 08.07.2017 AGAINST THE JUDGMENT OF CONVICTION DATED 05.07.2018 AND ORDER ON SENTENCE DATED 07.07.2018 PASSED BY THE TRIAL COURT OF SH. VIRENDER KUMAR BANSAL, ASJ, ROHINI COURTS, NEW DELHI IN CASE S.C. NO. 691/17 PERTAINING TO FIR NO. 271/17, U/S. 302 IPC, DATED 03.07.2017 REGISTERED AT PS. BAWANA, DELHI

TO,
THE HON’BLE CHIEF JUSTICE
AND HIS COMPANION JUSTICES OF THE
HON’BLE DELHI HIGH COURT
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MSOST RESPECTFULLY SHOWETH;-
1. The Appellants are young men and relative to each other at their age of 41, 26 and 23 years respectively who were working in a factory as laboures at Bawana, Delhi and have been residing in Delhi for last several years and are peace loving and law abiding citizens, having no previous criminal antecedents. The appellants are in judicial custody since his arrest in this case on 08.07.2017.

2. That the appellants above named is preferring the present appeal against the final judgment of conviction and order on sentence dated 05.07.2018 & 07/07/2018 passed by the court of Sh. Virender Kumar Bansal, ASJ, Rohini Courts, New Delhi, in the Sessions Case No. 691/17 pertaining to FIR No. 271/17, PS. Bawana, U/s. 302 IPC whereby the appellants were held guilty for the offence punishable under Section 304II/34 IPC and they were sentenced to 7 years rigorous imprisonment with fine of Rs. 5,000/- and in default of payment , to further undergo 6 months simple imprisonment. Benefit of Section 428 of Cr.P.C. was given to the appellants. The certified copy of judgment and sentence dated 05/07/2017 & 07/07/2017 are annexed herewith as ANNEXURE-1 (COLLY).

3. That the brief facts emerging from the record of the prosecution and leading to the filing of the instant appeal are as under :-

(i) That FIR No. 271/2017 under Section 302 IPC was registered at Police Station Bawana, when an information was received at Police Station Bawana on 03.07.2017 that a boy is lying in Sector-2, K-Block near Bhagat Singh Chowk, Bawana having injuries caused with knife. Police reached the spot and found a male dead body. The deceased could not be identified. The dead body was removed to the mortuary. Poster was got prepared. On the basis of that poster one Haseena Khatoon identified the deceased as her son Md. Naushad. The Certified Copy of FIR No. 271/2017 under Section 302 IPC registered at PS Bawana along with its English Translation is annexed herewith as ANNEXURE-2.

(ii) During investigation one Hori Lal was interrogated who told that on the intervening night on 02/03 July 2018 he along with the deceased Naushad entered one factory where the labourers woke up. He and Naushad started fleeing but Naushad was apprehended and was beaten by those persons. At the instance of Hori Lal appellants were arrested on 08.07.2017 by the police. And the appellants allegedly got the ballis / wooden danda recovered with which the deceased was beaten and also the rope used for tying Naushad with electric pole.

(iii) On 08.07.2017 all the three appellants were arrested at N-196 , Sector-2, DSIIDC, Bawana, Delhi in the morning by the police officials of PS. Bawana.

(iv) On 03.10.2017 the chargesheet was filed under Section 302/201/34 IPC against the appellants before the Ld. MM, concerned at Rohini Courts, New Delhi and on 17.11.2017 the case was committed to the Court of Sessions after compliance of the provisions of Section 207/208 of Cr.P.C and the same was registered as Sessions Case No 691/17 in the Court of Sh. Virender Kumar Bansal, ASJ, Rohini Courts, Delhi. The Certified copy of the charge sheet alongh with its English Translation is annexed herewith as ANNEXURE-3.

(v) On 23.11.2017 the Charges were framed under Section 302/34 IPC against the appellants by the Hon’ble Trial Court to which they pleaded not guilty and claimed trial and it was stated in the charge that no offence under Section 201 IPC is made out against accused persons. The certified copy of Order on framing of Charge dated 23.11.2017 is annexed herewith as ANNEXURE-4.

(vi) That on 24.04.2018 after examining 25 prosecution witnesses, PE was closed. The certified copy of the all Prosecution Evidence is annexed herewith as ANNEXURE-5.

(vii) To bring home the guilty of the appellants, the prosecution examined as many as 25 witnesses in support of the charges. Thereafter on 15.05.2018 entire incriminating material on record was put to the appellant, and his statement under Section – 313 of Cr.P.C. was recorded , in which they specifically denied the charge. The appellant examined no witnesses in his defence. The certified copy of Statement Under Section – 313 of Cr.P.C. is annexed herewith as ANNEXURE-6.

(viii) On 05.07.2018 the Judgment of conviction was passed by the Court of Sh. Virender Kumar Bansal, ASJ, Rohini Courts, New Delhi, in the Sessions Case No. 691/17 whereby the appellants were held guilty and convicted for the offence punishable U/s 304(II)/34 IPC . However all the three appellants were acquitted U/s. 302 read with 34 IPC.

(ix) On 07.07.2018 the Order on Sentence was passed by the Court of Sh. Virender Kumar Bansal, ASJ, Rohini Courts Delhi whereby the appellants were sentenced to 7 years rigorous imprisonment with fine of Rs. 5,000/- and in default , to undergo 6 months simple imprisonment. Benefit of Section 428 of Cr.P.C. was given to the appellants.

4. That being aggrieved of the said conviction and sentence contained in the impugned judgment and order, the appellant herein prefers the present appeal following amongst other grounds:

GROUNDS FOR THIS APPEAL

A. That the impugned judgment passed by the Ld. Trial Court is bad in law and facts of the case, hence it not sustainable in the eyes of the law.

B. That judgment passed by the Ld. Trial Court is based on conjectures and surmises and is not supported from the facts and circumstances of case.

C. That the prosecution has failed to prove its case beyond reasonable doubts as such the Ld. Trial Court should have given the benefit of doubts to the appellants and should have acquitted them.

D. The witness Hori Lal , PW21 is the only person on whose testimony the appellants have been convicted who has deposed in his examination in chief before the court – “We steal iron from the factory for the purpose of selling the same. After getting the amount by selling the iron , we used to purchase drugs items/nasha patti. I along with my friend (the deceased) used to consume drugs.” The Trial Court while convicting the accused persons has wrongly given undue weightage to the testimony of PW21 Hori Lal and thus could not point out from his testimony that he is not a an eye witness and he is in fact stock witness of the prosecution and introduced later on falsely implicate the accused persons.

E. That after 6 days of the alleged incident, police though secret informer reached at E Bock Public Toilet and met with the main witness Hori Lal PW- 21. ASI Subhash Chander, PW-17,who accompanied the the police team to meet Hori Lal deposed in his cross examination – “AT the toilet , we met one person, who was Hori Lal and he was drug addict. No other person were present at the said place. He was in senses but he was taking drug.” At the same point HC Manjeet Singh PW-19 who also accompanied the same police team deposed in his cross examination- “ There were one two persons with Hori Lal, I do not know the name of the other persons. All these three persons were sitting near the toilet. I had not seen Hori Lal taking smack at the toilet. Hori Lal seems to be under some intoxication. The Trial court has wrongly posed faith in the testimony of Hori Lal, a drugg edict having prolonged criminal involvement in various cases.

F. That PW19 deposed that Hori Lal had not shown any of his ID proof. The same has also been shown to the Court while his evidence being recorded nor even police visited the house of the Hori Lal which casts grave doubt on his being a genuine witness. Hori Lal claims to be the friend of the deceased Naushad for the last 1-2 years prior to the incident, whereas Kesar Ali PW-3 who is Mama (Maternal Uncle) of the deceased residing in the same locality JJ Colony Bawana, Delhi says in evidence before the Trial Court that he does not know if any person by the name of Hori Lal is a friend of his nephew Naushad. Even the mother of the deceased , Mrs. Haseena Khatoon , PW-4 did not mention anywhere the name of Hori Lal as the friend of her deceased son.

G. That Hori Lal deposed in his cross examination that 2-3 theft cases are pending against him. He states that “It is correct that I had also remained in jail . I visited jail twice or thrice. I remained in jail for a period of 6 months, 10 days, 7days etc.”

H. The appellants are labourers working in the factory who has no motive to hurt any person so brutally just for the reason that the deceased and his friend entered into the compound of the factory without stealing anything. Hon’ble Trial Court failed to consider this fact that appellants were poor labourers, not owners of this factory and its goods who would react so sharply just because of entering a thief in the factory premises.

I. That the learned Trial court failed to consider the remarkable point that all the three appellants are relatives of each other and adhere to Muslim religion and the deceased is also of same religion. As per circumstances put in the story of the prosecution the deceased will naturally pray to the appellants not to beat him so brutally for the sake of Allah and appellants could not be so cruel to continue giving beatings just because he entered into the compound of factory with a view to committing theft whereas they were just labourers working on a monthly payment of Rs.8000 , the loss caused by the theft was not their one.

J. That SI Udai Singh reached at spot deposed in his cross examination before the court that he also noticed injuries caused on the head of deceased caused by some sharp edged weapon and he tried to find out the sharp edged weapon near the scene of crime but it was not recovered. However, the prosecution story moves around the beatings given to the deceased by the appellants through ballis / wooden danda which was allegedly recovered by the police on the disclosure statement of the appellants for which no charge was framed by the Trial court on 23.11.2017stating that no offence U/s. 201 is made out against accused persons, therefore, they are discharged for the offence U/s. 201IPC. It makes the prosecution case self contradictory.

K. That alleged recovery of ballies / wooden stick and rope was not associated with any independent witness even by PW21 Hori Lal who as per the deposition of SI Vinod Kumar PW-18 was with the police team when ballies and ropes were recovered. This incident of recovery was not photographed. On the contrary , PW21 Hori Lal deposed in his cross examination that in his presence police did not seize any balli and he could not identify the rope used for tying Naushad.

L. That the Trial court miserably failed to consider the contradictory statements of PW2 Hori Lal differing quickly at the same point which shows his mental state of instability and falsehood. He deposed that while he was watching, the accused persons were hitting on the legs of the deceased and also on his sides and thereafter he went away. He further states before the court that he does not know if they had hit him with some object also thereafter then he left the spot, he returned after about 30 minutes and he found that neither Naushad was there nor the assailants were there. He further stated that he cold not say if any other person had also given beating to Naushad after he left. He further stated that however it is possible. Later Hori lal stated in his cross-examination that he had seen the accused persons assaulting Naushad with ballies. He even could not say if the thumb impression on Ex.17A, D and G which was arrest memo of the appellants was his at point B. That the PW21 Hori Lal deposed voluntarily that on the day of commission of theft , deceased Naushad came to me , he was already under some intoxication.

M. That the appellants have been seen no were in the CCTV footage provided by the owner of the factory . The CD containing CCTV footage is Ex.PW-2/A about which PW-2 Sri Jaswinder Pal Kohli, the owner of the factory deposed in his cross examination that it was correct that in the CCTV footage recording played in the court the faces were not visible whereas PW 24 , SI Dharmender Singh wrongly states that Holi Lal and deceased were visible in CD when it was played on computer which fact was not corroborated by other police witnesses.

N. That even after the incident on 02/03-07-2017 the appellants were working in the said factory till there arrest on 08/07/2017 from the factory where they had come to attain his duty in the morning which fact is proved by their attendance register which is Ex.PW-2/C.. The presence of other labourers are also marked in the register which are almost 20 in numbers. However, only these three appellants were present on the intervening night as per the story of the prosecution and version of the sole witness Hori Lal, PW21who is a drug edict.

O. No guard and workers of the factory or adjoining factories were inquired about the incident by the police. That the PW-9 Amit Kumar called the police at 100 number and said in his deposition before the court that he along with guard of the factory and other employees reached at the sport. Even PW-21 Hori Lal stated in his cross examination – “It is correct that some persons reside in the factory itself and the people also stay back during night in the adjoining factories.” Surprising enough, IO, PW-25 deposed that he did not enquire from the nearby factory if any guard was deputed or any watchman was appointed. However at the same point PW18 SI Vinod Kumar deposed that- “ There are number of factories near the factory of the accused. In some of the factories, workers used to stay in the night hours.” The Trial Court did not notice the major failure of the police to contact guards, watchmen and other labourers of the adjoining factories in this matter to bring truth.

P. That the arrest of the appellants from the factory and subsequent recovery of the ballies/ wooden danda and rope are false in the light of the statement of PW-25, Anil Kumar , the IO of the present case that owner of the factory was not called at the time of arrest of accused persons and no public person met him and not even he knew if there were workers in the nearby factories at that time. He further deposed before the court that he did not visit the nearby factories and he did not know if any person was residing in the factory situated adjoining to N-196 , however, PW-18 SI Vinod Kumar deposed that the public persons were standing at certain distance from the place where the rope was found. This falsehood of the police witnesses was not considered by the Trial Court.

Q. That no finger prints were lifted either from the scene of crime or from the ballies / wooden stick and rope allegedly recovered to connect this crime with the appellants which fact was ignored by the Trial Court. Absence of blood stains on the ballies/wooden sticks and the rope recovered and Postmortem Report falsify the prosecution story.

R. The appellants were not in the factory on intervening night. In fact, no evidence has been brought on record that accused persons were sleeping in the factory on that night. The PW2, owner of the factory has been examined but he did not utter a word in this regard.

S. That the Ld. Trial Court has failed to consider that prosecution has failed to prove its case beyond all reasonable doubts.

5. That the petitioner has filed no other similar petition in either the Hon’ble Supreme of India or this Hon’ble court for similar relief.

6. That the present appeal is maintainable because appellants who are the innocent and poor labourers working in a factory have been convicted by the Trial Court on suspicion and on the testimony of a person who is a drug addict and whose whereabouts is not known to the police and who has a long antecedents of criminal involvement accepted by himself. The circumstances in this case do not form chain of events strong enough to bring home the guilt of appellants so the appeal is maintainable to prove the appellant innocent appraising the evidence in correct perspective.

7. That the appellants craves leave to add , delete, modify or alter any of the aforesaid grounds of appeal.

PRAYER

In view of afore submitted facts and circumstances , it is most respectfully prayed that this Hon’ble Court may kindly be pleased to:

A. To set aside the judgment of conviction and order on sentence dated 05.07.2018 & 07.07.2018 passed by the Court Of Sh. Virender Kumar Bansal, ASJ,Rohini Courts, New Delhi in the Sessions Case No.691/17 pertaining to FIR No.271/17 under Section 302, P.S. Bawana and consequently to acquit the appellants.

B. To call for the record of Trial Court;

C. To pass any other or further order (s) as this court may deem fit and proper in favour of appellants, in the interest of justice.

APPELLANTS
THROUGH

(Avinash Nandan Sharma)
Advocate
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8595152026
New Delhi
Dated : 10 .09.2018

IN THE HIGH COURT OF DELHI, AT NEW DELHI
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO._________OF 2018

IN THE MATTER OF :
Shamshad @ Murappan & Ors. …..Appellants
VERSUS
State ( NCT of Delhi) …..Respondent

AFFIDAVIT

I ,Jareena, aged about 40 years W/o. Shamshad @ Murappan, Permanent R/o. 544, Ghaziabad ,Uttar Pradesh – 201102; Presently at Delhi ; do hereby solemnly affirm and declare as under:-
1. That I am the wife and a Parokar of the convict Shamshad @ Murappan in the present appeal and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.
2. That the accompanying Criminal Appeal U/s. 374 of Cr.P.C. against the conviction and sentence has been drafted by my counsel under my instructions
3. The contents of the Memorandum of Appeal and this affidavit have been read over and explained to me in vernacular and the same are true and correct. That the contents of the same may be treated as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.
4. That I have not moved any other similar petition before this Hon’ble Court or any other High Court or the Hon’ble Supreme Court of India.
5. I declare that what is contained in paragraphs 1 to 2 and Grounds from paragraphs A to S of the Appeal are true and correct to my knowledge and nothing material pertaining to this case has been concealed from this Hon’ble Court.

DEPONENT

VERIFICATION
Verified at New Delhi on this 10th day of September 2018 that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI, AT NEW DELHI
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO._________OF 2018

IN THE MATTER OF :
Shamshad @ Murappan & Ors. …..Appellants
VERSUS
State ( NCT of Delhi) …..Respondent

AFFIDAVIT

I ,Shahnaz, aged about 34 years W/o. Akram, Permanent R/o. 544, Kanchan Park, Loni Dehat, Ghaziabad ,Uttar Pradesh – 201102; Presently at Delhi ; do hereby solemnly affirm and declare as under:-
1. That I am the wife and a Parokar of the convict Akram in the present appeal and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.
2. That the accompanying Criminal Appeal U/s. 374(2) of Cr.P.C. against the conviction and sentence has been drafted by my counsel under my instructions
3. The contents of the Memorandum of Appeal and this affidavit have been read over and explained to me in vernacular and the same are true and correct. That the contents of the same may be treated as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.
4. That I have not moved any other similar petition before this Hon’ble Court or any other High Court or the Hon’ble Supreme Court of India.
5. I declare that what is contained in paragraphs 1 to 7 and Grounds from paragraphs A to S of f the Appeal are true and correct to my knowledge and nothing material pertaining to this case has been concealed from this Hon’ble Court.

DEPONENT

IN THE HIGH COURT OF DELHI, AT NEW DELHI
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO._________OF 2018

IN THE MATTER OF :
Shamshad @ Murappan & Ors. …..Appellants
VERSUS
State ( NCT of Delhi) …..Respondent

AFFIDAVIT

I ,Riyajuddin , aged about 54 years S/o. Khushi Khan, Permanent R/o. 1770A,Y-Block, Mangolpuri, Delhi; do hereby solemnly affirm and declare as under:-
1. That I am the father and a Parokar of the convict Shahrukh @ Sharup Khan in the present appeal and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.
2. That the accompanying Criminal Appeal U/s. 374 of Cr.P.C. against the conviction and sentence has been drafted by my counsel under my instructions
3. The contents of the Memorandum of Appeal and this affidavit have been read over and explained to me in vernacular and the same are true and correct. That the contents of the same may be treated as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.
4. That I have not moved any other similar petition before this Hon’ble Court or any other High Court or the Hon’ble Supreme Court of India.
5. I declare that what is contained in paragraphs 1 to 7 and Grounds from paragraphs A to S of the Appeal are true and correct to my knowledge and nothing material pertaining to this case has been concealed from this Hon’ble Court.

DEPONENT

IN THE HIGH COURT OF DELHI, AT NEW DELHI
(CRIMINAL APPELLATE JURISDICTION)

CRL. M. A. No._________ of 2018
In
CRIMINAL APPEAL NO._________OF 2018

IN THE MATTER OF :
Shamshad @ Murappan & Ors. …..Appellants
VERSUS
State ( NCT of Delhi) …..Respondent

APPLICANTION UNDER SECTION 5 OF THE LIMITATION ACT TO CONDONE THE DELAY IN FILING THE APPEAL

MOST RESPECTFULLY SHOWWETH:

1. That the the appellants above named are preferring the present appeal against the final judgment of conviction and order on sentence dated 05.07.2018 & 07/07/2018 respectively passed by the court of Sh. Virender Kumar Bansal, ASJ, Rohini Courts, New Delhi, in the Sessions Case No. 691/17 pertaining to FIR No. 271/17, PS. Bawana, U/s. 302 IPC.

2. That the appellants are illiterate and poor men and unaware of the limitations in filing their appeal. That they have approached his new and present counsel through their family members to file this present appeal as they are in jail since his arrest on 08.07.2017.

3. That the present counsel applied for the certified copy on the 09.082018 and the same was prepared on 25.08.2018 and received counsel the counsel on 27.08,2018.

4. That The appellants will continue to suffer irreparably, if the delay in filing the present appeal is not condoned and the appeal is not heard.

It is most humbly prayed that the delay of 33days in filing the appeal may kindly be condoned considering the circumstances of the appellants in the interest of justice.

APPELLANTS
THROUGH

(Avinash Nandan Sharma)
Advocate
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8595152026
New Delhi
Dated : 10 .09.2018

AFFIDAVIT

I ,Mrs. Jareena, aged about 40 years W/o. Shamshad @ Murappan, Permanent R/o. 544, Kanchan Park, Loni Dehat, Ghaziabad ,Uttar Pradesh – 201102; Presently at Delhi ; do hereby solemnly affirm and declare as under:-
1. That I am the wife and a Parokar of the convict Shamshad @ Murappan in the present appeal and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.
2. That the accompanying application U/s. 5 of the Limitation Act for condonation of delay of 33 days has been drafted by my counsel under my instructions and the contents of the same has been read over to me in vernacular which are true and correct.

DEPONENT

IN THE HIGH COURT OF DELHI, AT NEW DELHI
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO._________OF 2018

IN THE MATTER OF :
Shamshad @ Murappan & Ors. …..Appellants
VERSUS
State ( NCT of Delhi) …..Respondent

AFFIDAVIT

I ,Mrs.Shahnaz, aged about 34 years W/o. Akram, Permanent R/o. 544, Kanchan Park, Loni Dehat, Ghaziabad ,Uttar Pradesh – 201102; Presently at Delhi ; do hereby solemnly affirm and declare as under:-
1. That I am the wife and a Parokar of the convict Akram in the present appeal and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.
3. That the accompanying application U/s. 5 of the Limitation Act for condonation of delay of 33 days has been drafted by my counsel under my instructions and the contents of the same has been read over to me in vernacular which are true and correct.

DEPONENT

IN THE HIGH COURT OF DELHI, AT NEW DELHI
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO._________OF 2018

IN THE MATTER OF :
Shamshad @ Murappan & Ors. …..Appellants
VERSUS
State ( NCT of Delhi) …..Respondent

AFFIDAVIT

DEPONENT

IN THE HIGH COURT OF DELHI, AT NEW DELHI
(CRIMINAL APPELLATE JURISDICTION)
CRL. M. B. No.___________ of 2018
In
CRIMINAL APPEAL NO._________OF 2018
IN THE MATTER OF :
Shamshad @ Murappan & Ors. …..Appellants
VERSUS
State ( NCT of Delhi) …..Respondent
In J.C. since 08.07.2018

APPLICATION UNDER SECTION 389 OF THE CRIMINAL PROCEDURE CODE SEEKING SUSPENSENCE OF SENTENCE AND RELEASE OF THE APEELLANT ON BAIL DURING THE PENDENCEY OF APPEAL IN THE HON’BLE HIGH COURT

To ,
The Hon’ble Chief Justice of Delhi and
His companion Judges of This Hon’ble
High Court

Most Respectfully Showeth:

1. CRUX OF THE ORDERS PASSED EARLIER:
That it is 1st application U/s. 389 of Cr.P.C. of the appellants since their confinement in the Jail on 08.07.2017. They were never granted bail by the Trial Court and is in judicial custody for about 1year one month.

2. ROLE OF THE APPELLANTS IN THE OFFENCE AS MENTIONED IN THE JUDGMENT :
It has been alleged that the appellant has committed offence(s) U/s. 304 II & 34 of IPC.

3. ANTECEDENTS OF THE APPELLANT:
That the appellants area men of clean antecedents. They have never been involved in any criminal matter or case.

4. PRESENT RESIDENTIAL ADDRESS OF THE APPLICANTS:
House No. 544, Gali No.5 Kanchan Park, Loni , Ghaziabad, Uttar Pradesh – 201102.

5. RESIDENTIAL ADDRESS AT THE TIME OF OCCURRENCE OF THE INCIDENT:
House No. 544, Gali No.5 Kanchan Park, Loni , Ghaziabad, Uttar Pradesh – 201102

6. ADRESS OF NATIVE PLACE:
Appellant no.1 and 2 – House No. 544, Gali No.5 Kanchan Park, Loni , Ghaziabad ,Uttar Pradesh – 201102
Appellant no.3 – Village Sauthana, PS. Usarahar, Distt. Etawa (U.P.)

7. PERMANENT ADDRESS:
Appellant no.1 & 2 – House No. 544, Gali No.5 Kanchan Park, Loni , Ghaziabad ,Uttar Pradesh – 201102
Appellant no.3 – Village Sauthana, PS. Usarahar, Distt. Etawah (U.P.)

8. DETAILS OF ALL OTHER CRIMINAL CASES:
None

9. FAMILY COMPOSITION OF APELLANTS:
The family of Appellant No.1 consists of his wife, 3sons of 13,14 and18 years of age and 3 daughters of 16, 18 and 23 years of age.
The family of Appellant No.2 consists of his wife and 2 sons of 2 and 4 years of minor age.
The family of Appellant No.3 consists of his father and mother.

10. OCCUPATION OF THE APPELLANTS PRIOR TO HIS CONVICTION:
That the appellants were working as labourers in a factory.

11. CAN THE APPELLANTS BE ABLE TO FURNISH HIS SURITY IN THE EVENT OF BAIL BEING GRANTED TO HIM:
That the appellants hails from a poor segment of society , but will be able to furnish a local surety of minimum amount, if bail is granted to him.

12. WHETHER THE APPLICANTS EVER JUMPED BAIL OR WERE DECLARED PROCLAIMED OFFENDER:
That the applicants have never jumped bail and have never been declared a proclaimed offender.

13. BRIEF FACTS OF THE PRESENT CASE AS PER PROSECUTION:
That facts and the story of the prosecution is not repeated here for the sake of brevity, the same may kindly be read from the copy of the judgment.

14. CONTENTIONS OF THE APPLICANTS AND GROUNDS FOR BAIL:

A. The Appellants are young men and relative to each other at their age of 41, 26 and 23 years respectively who were working in a factory as laboures at Bawana, Delhi and had been residing in Delhi for last several years and are peace loving and law abiding citizens, having no previous criminal antecedents. The appellants are in judicial custody since his arrest in this case on 08.07.2017 and were never granted bail by the Trial Court.

B. That the appellants above named is preferring the present appeal against the final judgment of conviction and order on sentence dated 05.07.2018 & 07/07/2018 passed by the court of Sh. Virender Kumar Bansal, ASJ, Rohini Courts, New Delhi, in the Sessions Case No. 691/17 pertaining to FIR No. 271/17, PS. Bawana, U/s. 302 IPC whereby the appellants were held guilty for the offence punishable under Section 304II/34 IPC and they were sentenced to 7 years rigorous imprisonment with fine of Rs. 5,000/- and in default of payment , to further undergo 6 months simple imprisonment. Benefit of Section 428 of Cr.P.C. was given to the appellants.

C. That till the time of filing of the instant appeal along with suspension of the sentence and grant of Bail , the appellants have spent around one year and one month in judicial custody. Their characters have been exemplary during all this incarceration and nothing adverse has been recorded against them during this time.

D. That judgment passed by the Ld. Trial Court is based on conjectures and surmises and is not supportable from the facts and circumstances of case.

E. That because the appellants have fairly good chances of acquittal in the final analysis of their case when their appeal is finally heard and deposed off in merit.

F. The facts and grounds of the appeal are set out in the memorandum of appeal which are not reproduced herein for the sake of brevity, however, the same may be treated as part and parcel of this application for suspension of sentence and for grant of bail till the final disposal of appeal.

G. That even after the alleged incident on 02/03-07-2017 the appellants attended their duty and was working in the factory till there arrest on 08/07/2017 from the factory where they had come to attain his duty in the morning which fact is proved by their attendance register which is Ex.PW-2/C. So the appellants are not to flee from the process of court and police as they are innocent and God fearing persons.

H. That the Ld. Trial Court has failed to consider that prosecution has failed to prove its case beyond all reasonable doubts.

I. That the appellants undertake that in the event the appellants fail to succeed in the appeal, the appellants shall surrender to serve out the final sentence that may be passed by the Hon’ble High Court.

J. That the appellants undertake that they shall abide by all the terms and conditions that might be imposed upon the appellants by this Hon’ble Court while granting bail to the appellants pending the decision of the appeal.

K. That the appellants have not preferred any other similar application either before this Hon’ble High Court of Delhi or before the Hon’ble Supreme Court of India.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may be pleased to :

a. Suspend the sentence of imprisonment and grant bail to the appellants pending disposal of this Appeal in the interest of justice.

b. Pass any other or further order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.

APPELLANTS
THROUGH

(Avinash Nandan Sharma)
Advocate
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8595152026
New Delhi
Dated : 10 .09.2018

AFFIDAVIT

I ,Mrs. Jareena, aged about 40 years W/o. Shamshad @ Murappan, Permanent R/o. 544, Kanchan Park, Loni Dehat, Ghaziabad ,Uttar Pradesh – 201102; Presently at Delhi ; do hereby solemnly affirm and declare as under:-
1. That I am the wife and a Parokar of the convict Shamshad @ Murappan in the present appeal and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.
2. That the accompanying application U/s. 389 of the Cr.P.C. for seeking suspension of sentence and grant of Bail has been drafted by my counsel under my instructions and the contents of the same has been read over to me in vernacular which are true and correct.

DEPONENT

IN THE HIGH COURT OF DELHI, AT NEW DELHI
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO._________OF 2018

IN THE MATTER OF :
Shamshad @ Murappan & Ors. …..Appellants
VERSUS
State ( NCT of Delhi) …..Respondent

AFFIDAVIT

1. That I am the wife and a Parokar of the convict Akram in the present appeal and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.
2. That the accompanying application U/s. 389 of the Cr.P.C. seeking suspension of sentence and grant of Bail has been drafted by my counsel under my instructions and the contents of the same has been read over to me in vernacular which are true and correct.

DEPONENT

IN THE HIGH COURT OF DELHI, AT NEW DELHI
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO._________OF 2018

IN THE MATTER OF :
Shamshad @ Murappan & Ors. …..Appellants
VERSUS
State ( NCT of Delhi) …..Respondent

AFFIDAVIT

DEPONENT

Court Fee of Rs. 100

FIRST INFORMATION REPORT (F.I.R.)
(Under Section 154 Cr.P.C.)
1. District: ROHINI DELHI PS: BAWANA , YEAR: 2017 FIR No.271 Date: 03-07-2017
2. Acts(s) Section(s)
IPC 1860 302
3. Occurrence of Offence:
(a) Day: Date From: Date To :
Time Period: Time From: 00:00 hrs Time To: 00:00
(b) Information received at PS: Date: 03-07-2017 Time: 10:36 hrs
(c) General Diary Reference: Entry No.016A Time: 13:00 hrs
4. Type of Information: WRITTEN
5. Place of Occurrence:
(a) Direction and Distance from PS :2.0Km. Beat No:04
(b) Address: Factory N-129, ke west side me Khali jagah, Sec-2, Bawana New Delhi
(c) In case outside the limit of the Police Station:
Name of PS: District :
6. Complainant/Informant:
(a) Name: SI UDAY SINGH
(b) Date/Year of Birth: Nationality: INDIA
(c) Passport No. Date of issue: Place of Issue
(d) Occupation:
(e) Address: PS BAWANA , BAWANA ROHINI, DELHI, INDIA
7. Details of Known/Suspect/Unknown accused with full particulars (attach separate sheets if necessary):

8. Reason for delay in reporting by the complainant/informant:
NO DELAY
9. Particulars of the properties stolen/involved (attach separate sheet if necessary):
Sl.No. Property Type (Description) Est. Value (Rs.) Status
10. Total value of property stolen:
11. Inquest Report/U.D Case No., if any:
12. FIR contents (attaché separate sheet, if required) :
DD No. 11A Dt. 3.7.17 P.S. Bawana, Delhi, DO, Information through PCR call at time 10.36 morning that this time the W/Opp of the Police Station has come to DO/Room and stated a boy is lying in Sector-2, K-Block, near Bhagat Singh Chauk, Bawana having injuries caused with knife. Ph. No. 844781 from Manish 8424/PCR , Information received through PCR Call, DD Entry was made and proper actions were informed to ASI Maha Singh through telephone who was already on round at call . That I , PSI Ravinder chillar will execute proper proceedings at the spot and SI Uday Singh was informed regarding the call . HC/DO Note True copy SD English DO/HC Mahipal Singh N 84/RD , P.S Bawana , it is submitted that having received PCR call Vide DD NO-11A I SI and my associate ct. Rahul NO. 2804/RD reached N Block Sector-2 , DSIIDC , Bawana where there was a body lying in the bushes on soil near factory NO N-129, in the vacant plot between N Block Factory area and K Block , ten steps west direction from the road of N Block . ASI Maha Singh was already present at the spot. As per the order of SHO , DD NO. 11A was handed over to SI for action so , ASI Maha Singh was released . Paramedic Staff Member Meetha Lal , I/C CATS-B-90 present at the spot examined the body and confirmed that this person has expired and the body has hardened . Thereafter SI keeping the spot secure , examined the place and dead body which is a male dead body whose appearance is age 30-35 years , complexion- shallow , Built-Medium , Face-Long , Height-6’7’’ Hair-Medium , black colour who has born cream colour full sleeve shirt , White inner, Blue Jeans , Black under wear and a Belt who is bare footed and his Jeans pant are down and due to which the Hips of the deceased are visible. There is mud on the legs and cloths of the deceased The deceased has two injury mark on his head/scalp through sharp edged weapon and has marks of injury on his face . No Document/ Article was found on the body or clothes of the deceased for identification. The head of the deceased is in West direction and the legs are in East direction . There are two big spots of blood at one place of a road which is at the distance of 20 steps from the dead body and there are marks of dragging on soil between these blood spots and dead body . Seeing these , it seems that the above said dead body has been dumped/thrown at this place after dragging it. That till now , enough efforts have been taken for the identification of the deceased but it could not be done . During this time , Beat Staff HC Rajbir No. 2913/RD also came on the spot . I, SI called Crime Team at the spot and got the photographs and investigation conducted . That on the basis of PCR call , spot investigation and circumstances , a crime U/S. 302 IPC seems to have been committed . So the HC Rajbir No. 2913/RD register the case and further investigation be handed over to Insp . Anil Kumar . I , SI and other staff are present on the spot . Date and Time –Unknown- Place – Factory N-129 vacant land of West Side . Date and Time of Departure of writing -03/07/2017 at 12:46 p.m SD English , Sh. Uday Singh PIS NO . 28061106 , PS- Bawana , Dt. 03/07/2017-Police Proceeding , the case was registered and the same was fed in the computer by Computer Operator Ct. Mukesh No. 1750/RD . The computer copy of FIR and original documents were forwarded to HC Rajbir No. 2313 & Insp. Anil Kumar ATO/Bawana . That FIR copy are being sent to the senior officers through special messenger HC Sushil No 2177/RD HC/DO
13. Action Taken (Since the above information reveals commission of offence(s) U/s as mentioned at item No.2:
(i) Registered the case and took up the investigation
(ii) Directed (Name of the I.O.): ANIL KUMAR
No. 16960212 Rank: SI (INSPECTOR)
to take up the investigation, OR
(iii) Refused investigation due to: OR
(iv) Transferred to P.S (name)
On point of jurisdiction. District:
FIR read over to the complainant / informant, admitted to be correctly recorded and an copy given to the complainant/ informant, free of cost:
R.O.A.C.:
14. Signature/ Thumb impression
of the Complainant/informant
Signature of Officer
Name: MAHIPAL SINGH
Rank:HC (HEAD CONSTABLE)
No.28940186
15. Date and Time of dispatch to the court
14. If FIR is false , indicate action taken or proposed to be taken u/s 182/211 IPC
15. Result of laboratory Analysis : FSL Result awaited
16. Brief facts of the case (Add separate sheet , if necessary)
Sir,
The circumstances of the case is that on 03.07.17 DD No. 11A was handed over to Uday Singh Sir in the police station, which content goes thus- it is registered at time 10.36 morning that the W/Opp of the Police Station has come to DO/Room and stated a boy is lying in Sector-2, K-Block, near Bhagat Singh Chauk, Bawana having injuries caused with knife. Ph. No. 844781 from Manish 8424/PCR , Information received through PCR Call, DD Entry was made and proper actions were informed to ASI Maha Singh through telephone who was already on round at call . That I , PSI Ravinder chillar will execute proper proceedings at the spot and SI Uday Singh was informed regarding the call . HC/DO Note True copy SD English DO/HC Mahipal Singh N 84/RD , P.S Bawana , it is submitted that having received PCR call Vide DD NO-11A I SI and my associate ct. Rahul NO. 2804/RD reached N Block Sector-2 , DSIIDC , Bawana where there was a body lying in the bushes on soil near factory NO N-129, in the vacant land between N Block Factory area and K Block , ten steps west direction from the road of N Block . ASI Maha Singh was already present at the spot . DD NO. 11A was handed over to SI for action so , ASI Maha Singh was released . Paramedical Staff Member of CATS Ambulance, Meetha Lal , I/C CATS-B-90 present at the spot examined the body and confirmed that this person has expired and the body has hardened . Thereafter SI keeping the spot secure , examined the place and dead body which is a male dead body whose appearance is age 30-35 years , complexion- shallow , Built-Medium , Face-Long , Height-6’7’’ Hair-Medium , black colour who has born cream color full sleeve shirt , White inner, Blue Jeans , Black under wear and a Belt who is bare footed and his Jeans pant are moved down and due to which the Hips of the deceased are visible. There is mud on the legs and cloths of the deceased The deceased has two injury marks on his head/Scalp caused by sharp edged weapon and has marks of injury on his face . No Document/ Article was found on the body or clothes of the deceased for identification. The head of the deceased is in West direction and the legs are in East direction . There are two big spots of blood at one place of a road which is at the distance of 20 steps from the dead body and there are marks of dragging on soil between these blood spots and dead body . Seeing these , it seems that the above said dead body has been dumped/thrown at this place after dragging it. That till now , enough efforts have been taken for the identification of the deceased but it could not be done . During this time , Beat Staff HC Rajbir No. 2913/RD also came on the spot . Thereafter, SI Uday Singh called Crime Team at the spot and got the photographs and investigation conducted . That on the basis of PCR call , spot investigation and circumstances , a crime U/S. 302 IPC seems to have been committed . So the HC Rajbir No. 2913/RD register the case and That copy of the instant case were sent to the Ilaka Magistrate and the senior officers through special messenger. The further investigation was carried by me ,Inspector.
That I, Inspector examined the spot , prepared the site-plan and sent the dead body to BSA Hospital Mortuary, Delhi for identification and post mortem and took Exbits of Blood Stained soil and soil without blood and put them in transparent plastic container separately and sealed them with tape putting the seal of US and the same was Seized and after coming to Police Station deposited in the Malkhana . During investigation for the identification of the unknown deceased I got the All India CUT Message flashed and got the appearance of the deceased uploaded on ZIPNET . Posters were published and pasted on vehicles going here and there for the identify of UI DB . That on 04.07.2017 , I , Inspector got a poster prepared in Rxina of the photo and appearance of the unknown deceased for the identification the dead body and sent the same to all colonies tagging it with the proper instructions given to HC Rajbir No. 2913/RD. That HC Rajbir came to Police Station with the lady widow Haseena Khatoon W/O of Mohammed Nasir R/O. E-2225 J J Colony aged 55 years and her relatives who identified the deceased . That the lady told this photo is of his son Naushad aged 28 years and they were taken to BSA Hospital Mortuary where on seeing the dead body , widow Haseena Khatoon and her brother Md . Keshar Ali S/O . Md . Vasim R/O . 240 J J Colony Bawana identified him as Mohammad Naushad. During investigation , I , Inspector on 05.07.2017 after identification of the deceased Mohammad Naushad got conducted Post Mortem Vide PM NO . 52/17 and the dead body was handed over to his family for performing rituals . During investigation , after Post Mortem , Doctors gave exhibits (1) Blood sample on gauze, sealed (2) Clothes , singed and sealed (3) Nail clippings and hair sample sealed (4) Viscera along with blood sample sealed and San a seal of the departments which Seizure Memo and deposited in Malkhana . During investigation , the murderers of the deceased Naushad were searched for who could not be raced out . That during investigation , I, Inspector inquired about the friends of the deceased from the mother and wife Tarannum of the deceased but could not know about his friends . That on 08.07.2017 I alog with colleague staff SI Dhirender Singh , ASI Subhash , ASI Vinod Kumar , HC Manjeet No. 3084/RD reached at J J Colony , Bawana near Nahar where we met the secret informer who said that there was a person named Hari Lal who used to be in the company of deceased Md. Naushad S/O Md Nasir and he could be found at near J J Colony E Block Toilet who could tell about the incident . That I alongwith co-staff and secret informer reached at E Block Toilet , J J Colony , Bawana , time about 06:40 AM where one person was found as per the direction of the secret informer . Whose name and address could be found after interrogation as Hari Lal S/O. Sita Ram R/O . E-2279 J J Colony Bawana Delhi who during interrogation told gradually refreshing his memory about his friend Md. Naushad that they had gone to inside a Factory at Sector-2 DSIIDC in night on 02.07.2017 & 03.07.2017 . That the person of the factory chased them but he escaped and his friend Naushad was apprehended by them . That he had seen the factory and those persons were who had apprehended Naushad . That I have come to know through you that has been murdered. That according to the statement of Horilal , time about 7:40 AM I alongwith co-staff reached at N Block , Sector-2 where Hari Lal indicating towards a factory told that this was the factory where he and his friend Naushad dated 02.07.2017 & 03.07.2017 at night had entered . That on interrogation Factory N-196 DSIIDC , Bawana was found . That on instance of Hari Lal , three persons were apprehended with the help of staffs at Factory No.196 DSIIDC Bawana whose name and address are (1) Shahrukhan Khan S/O Riyajuddin R/O . Village-Sauthan P.S- Usrahar , District-Itawa (U.P) age 22 (2) Akaram (3) Shamshad . That Shahrukh Khan S/O . Riyazuddin under the custody of ASI Vinod , Akaram S/O . Md. Daraj under the custody of HC Manjit and Shamshad @ Murappan S/O . Dafedar under the custody of ASI Subhash were interrogated and on depth interrogation , all the three confessed committing murder of Naushad . That the three after introgation and evidence were arrested at about 8:15 AM . The personal search of the three were separately conducted which is as per the Seizure Memo . Thereafter , the confessional statement of the three accused were written separately . That all the three accused separately identified the place of incident. That accused Shahrukh S/O . Riyajuddin said in his confessional statement that he worked at N-196 , Sec-2 , DSIIDC Bawana for last 2 months where cake & biscuits are made . That the other labourer Akram S/O . Daraj and Shamshad @ Murappan S/O . Dafedar worked with other labourers . That on date 02.- 03/07/2017 at night about 2-2:30 two persons jumped and entered into the factory . That on hearing the noise , he and his colleagues woke up . That when they three tried to catch the two persons who had jumped inside , the two started to run away opening the gate . One among the two fell down in the drain after getting unbalanced near vacant plot in front of N-129 , Sec-2 , DSIIDC , Bawana . He was caught by us three and his other friend flew away. That we brought the person caught in front of the factory and tied him with the electricity pole by the plastic rope. My friends/colleagues brought ballies / wooden danda from the near factory under construction and gave beatings to the tied person . When that person became unconscious, we three untied him from the pole and threw him in the vacant plot in front of N-129 . The rope used in the incident can be recovered at my instance . He can get the rope recovered used in the incident and can identify the place of incident. In the same way acused Akram S/O Md Daraj said in his confessional statement that he worked at N-196, Sector-2, DSIIDC Bawana for last 60 days . That on date 02-05/07/2017 at night about 2-2:30 , two persons had entered into the factory . I alongwith my colleagues Shamshad and Shahrukh was sleeping at first floor , labour room . That on hearing the noise/sound, he and his colleagues woke up and tried to catch the two persons , they two ran away opening the gate . Whom we three pursued coming out of the gate . That one person fell down in the drain after getting imbalanced near vacant plot in front of N-129,Sectoe-2, DSIIDC Bawana . He was caught by us three and his other friend flew away . That we bought the person in front of the factory and my friend Shahrukh tied him with the pole and he and his friend Shamshad gave beatings to the tied person. When he fainted, we three united him and threw him in the vacant plot in front of N-129 . I can get the wooden stick / ballies recovered used in the incident and could identify the place of occurrence . In the same way accused Shamshad S/O Dafedar said in his confessional statement that he worked in N-196, Sectoe-2 , DSIIDC , Bawana , for last month where cake and biscuits are made . That other labourer Akram S/O Daraj who is of my family and Shahrukh S/O Riyazuddin who is my relative work with other labourers . That on date 02.03/07/2017 at night about 2.2:30 two persons jumped and entered into the factory . That on hearing the noise, he and his friends woke up . That when the three tried to catch the two persons who had jumped inside , the two started to run away opening the gate . One among the two fell down in the drain after getting imbalaced near vacant land in front of N-129 , Sector-2 , DSIIDC, Bawana . He was caught by us three and his other friend flew away. That we brought the person caught in front of the factory and that we had tied him with electric pole and he and his friend Shamshad gave beatings to the tied person with wooden sticks / ballies . When he fainted , we three united him and threw him in the vacant plot in front of N-129 . He can get the ballies recovered used in the incident and pointed out the place of incident. During investigation accused Shahrukh S/O Riyajuddin took a rope from the back side of the factory involved in incident , of white and green colour , size 7 foot and 2 inch long and produced it to the inspector which was wrapped with the help of staff in a piece of white cloth and and converted into a pullnda (fold) and sealed with the seal of DS and the same was taken into police possession . During investigation , accused Akram S/O Daraj shown a wooden stick / balli on the first floor of the factory kept outside on which blood stains were visible and there is a word R written on balli in black ink . The danda is of about 5 foot 3 inch and long and 3.5 inch round which was presented . That accused Shamshad @ Murappan S/O Dafedar kept the balli / danda in the room on first floor of the factory on which blood stains are visible and there is a word R written on it in black ink . The balli is about 5 foot 3 inch long , and 3.5 inch round and the same was presented . That above two ballis were wraped in a piece of white colour cloths which were converted into pullanda (fold) sealed with the seal of DS and was taken into possession by police .That the electric pole with which Naushad was tied and beaten by the accused persons in front of factory no-196, DSIIDC , Bawana had the blood stains on seeing . That the private photographer was called at spot and photographs of the pole was taken and the blood on the pole was taken with the help of cotton gauge and kept in a transparent plastic container having doctor tape and sealed with the seal of DS on it and was taken into police possession. That the used seal was handed over to SI Dhirender . Thereafter I , Inspector having joined witness Hori Lal @ Hori S/O. Sitaram R/O. E-227 a , JJ Colony Bawana , Delhi , aged 23 years in the investigation , wrote his statement that goes thus it is stated that I reside at the above mentioned address with my family and works as a labourer . My friend Naushad S/O. Md Nasir resided in my colony with whom I often had intoxication . That on date 02.03/07/2017 at night , I and my friend Naushad reached sector-2 DSIIDC Bawana near a factory for managing money for intoxication where both entered in the said factory jumping over the gate and as soon as we entered, the factory persons woke up and saw us . That on seeing them , we started fleeing away coming out from the gate . That the three persons started following us . That my friend Naushad fell down in a vacant plot and I escaped . When my friend did not come after some time , I came to the same factory hiding myself to see my friend and saw that three person were badly giving beatings to my friend with wooden stick / balli who was tied with electric pole . I had no phone and I went from there in fear escaping myself. After 2-3 days I knew that my friend Naushad had died. That I was having intoxication near JJ Colony, E-Block Toilet when you along with staff came and shown me a photograph of a dead body whom I recognized and told that he is my friend Naushad. That you told me to say about that factory and the persons. That I shown you a factory at Sector -2, DSIIDC, Bawana which was identified as Factory no.196. That I have got them apprehended after identifying them and I have put my thumb impression on arrest papers and Fards. Thereafter, accused persons were medically examined at MV Hospital, Poothkhurd, Delhi vide MLC No. 2658/17, 2659/17 & 2660/17 and produced before the Court of Ms. Kadambri, Duty MM at Rohini District Court and also presented an application for 14 days JC. That Duty MM ordered three accused for 14 days JC till 22.07.2017. Seized articles were sent to Malkhana and statement of witness were recorded. Thereafter, during investigation I, Insp. got the Site Plan prepared by Nkasha Nabish during investigation I , Insp. collected PCR Form and received Crime Team Repot and photographs and also received PM Report No. 452/17 on 05.07.2017 of the deceased. That the doctor has given the cause of death in PM report that “ Death is due to combined effect of cerebral damage with hemorrhagic shock consequent to multiple injuries to the body. All injuries were ante-mortem fresh before death and caused by blunt force. Injuries no.1 to 20 taken together alongwith the internal injuries are sufficient to cause death in the ordinary course of nature.” That the weapon of offence i.e. wooden ballies recovered in the instant case was sent to Forensic Department, Rohini , Delhi for subsequent opinion. The Doctor noted that “ The injuries as mentioned in PM repot can be caused by the weapon wooden Ballies examined” – Report is attached with file. During investigation , dated 01.09.2017, sealed pulanda as in the present case were sent through Ct. Amit No.2987/RD to FSL, Rohini for result. That the receiving copy of FSL & Road Certificate is attached with file. Statement of all witnesses U/s. 16 Cr. P.C. were recorded. The statement of caller Amit S/o. Mahender Pal Singh, R/o. Matora Man, Bhatiyana, Khushalpur, Bijnaur, U.P. was recorded U/s. 161 Cr.P.C. who told that on 02.07.2017, he was going to work at his factory K-22, DSIIDC, Bawana. That a person was lying at Sector-2, K Block, Near Bhagat Singh Chauk, who had bloods on him. That I called police from my mobile no.8447810205. That after sometime, the vehicle of the police came and I went to my work. You have recorded my statement which is right. During investigation, the owner of the Factory no.196, DSIIDC produced the CD of CCTV footage installed in his factory , the certificate of 65B, photocopy of Factory Agreement , the Attendance Register of the labourers dated 02.07.2017 to the inspector that having kept their documents and CD in a poly bag which was converted into an envelope and sealed with the seal of DS and the same was taken into the police possession . That witness Hori Lal and the deceased Md. Naushad are seen entering into the Factory No. 196, DSIIDC, in the CD. In the instant case Section 201 IPC is inserted. That in the instant case, from the investigation of the case so far, there have come enough evidences against (1) Shahrukh Khan @ Shahrup , S/o Riyazuddin (2) Akram S/o. Md. Daraj (3) Shamshad @Murappan S/o. Dafedar. R/o Khana No.11. So the chargesheet U/s. 302/201/34 IPC is forwarded to the Hon’ble Court. After getting the result of FSL in the case , a supplementary chargsheet U/s. 173(8) Cr.P.C. woudl be filed in the Court. Accused are in the JC who may be called through Robkar and witnesses through summons to proceed the case.

17. Refer Notice Served Yes /No
Date……………………….
(Acknowledgement to be placed)
18. Dispatched on …………………….
Sd/-
Signature of the IO submitting the Final
report or Charge Sheet.
Name- Anil Kumar
Rank Inspector No.D-3609
ATO / Bawana
Sd/-
Signature of the Office Incharge of
Police Station (SHO)
Name- Shyam Sunder
Rank Inspector No.D-I/1071
Sd/-
Forwarded by the ACP/ Sub Division/
Bawana Delhi
Name- Sh. Saurabh Chandra
Rank Inspector No.D-3609
ATO / Bawana